Army Corps Decision Not Subject To Review: 9th Circ.

Law360, New York (September 15, 2008, 12:00 AM EDT) -- In a case involving a residential development project in Alaska, the U.S. Court of Appeals for the Ninth Circuit has ruled that a final decision by the U.S. Army Corps of Engineers is not subject to judicial review. The Corps had determined that the area in question contained “waters of the United States.”

Challenges to Army Corps decisions designating areas as wetlands — called “approved jurisdictional determinations” — cannot be heard in federal court because they do not amount to “final agency actions” as defined by...
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