Wednesday, June 1, 2016

SCOTUS: Landowners can sue Corps over wetlands determinations

SCOTUS: Landowners can sue Corps over wetlands determinations Agri-Pulse Communications, Inc. By Stephen Davies In a decision that did not come as a surprise, the Supreme Court has ruled unanimously that landowners can challenge Army Corps of Engineers' wetlands determinations in court (U.S. Army Corps of Engineers v. Hawkes Co.). Three Minnesota peat mining companies that sought to expand their operations were stymied by a Corps jurisdictional determination (JD) that found wetlands on acreage targeted for expansion, even though the land was more than 100 miles from the nearest “navigable water.” More here

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