Army Corps' Jurisdictional Findings Are Reviewable: 8th Circ.
Law360, New York (April 10, 2015, 2:54 PM EDT) -- The Eighth Circuit said Friday that the U.S. Army Corps of Engineers' approved jurisdictional determinations about whether a water body is subject to its authority are reviewable by a court, overturning a lower court and splitting from the Fifth Circuit on the question.
Hawkes Co. Inc. wants to mine peat from wetland property owned by two affiliated companies in northwestern Minnesota, but the Corps derailed that plan when it issued an approved jurisdictional determination that the property constitutes "waters of the United States" under the Clean Water Act and ordered the company to get a permit to discharge dredged or fill...
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