High Court Water Case Could Put Target On Agencies' Backs

Law360, New York (March 29, 2016, 9:10 PM EDT) -- Landowners and the U.S. Army Corps of Engineers will square off Wednesday at the U.S. Supreme Court in a test of when exactly a party may challenge the Corps' determination that it has jurisdiction over a wetland — a case that could open government agency decisions up to more challenges across the board.

The Corps is appealing the Eighth Circuit's ruling that so-called approved jurisdictional determinations are final agency actions that can be reviewed by courts under the Administrative Procedure Act. The agency said that finding runs counter to a 2014 ruling from the Fifth Circuit, which concluded that a jurisdictional...

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