Water Case Shows Justices Warm To Review Of Fed. Agencies

Law360, New York (May 31, 2016, 11:27 PM EDT) -- While the U.S. Supreme Court’s Tuesday ruling giving landowners a green light to challenge determinations that their property is subject to Clean Water Act regulation stayed closely confined to the facts of that case, experts say the decision shows the high court's willingness to allow judicial review of a broader swath of agency actions.

The eight justices unanimously decided in U.S. Army Corps of Engineers v. Hawkes that when the agency completes an approved jurisdictional determination, finalizing whether a piece of property contains a “water of the United States” as defined under the Clean Water Act and is subject to the...

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