Summary: On Monday, May 31 the United States Supreme Court issued an 8-0 opinion in U.S. Army Corps of Engineers v. Hawkes Company. The U.S. Army Corps of Engineers, and Pacific Legal Foundation, representing Hawkes Company, squared off regarding the Corps’ decision that Hawkes Company could not use its property for peat farming without first spending hundreds of thousands of dollars in pursuit of a federal wetlands permit under the Environmental Protection Agency’s “Waters of the United States” (WOTUS) rule. The Court agreed with Pacific Legal Foundation that that decision, called a Jurisdictional Determination, is judicially reviewable under the Administrative Procedure Act. -- Featuring: Mark Miller, Managing Attorney, Atlantic Center, Pacific Legal Foundation.
