News & Analysis as of September 18, 2024

Property Owners

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

After Jarkesy, What Happens to EPA's Authority to Collect Administrative Civil Penalties?

Foley Hoag LLP - Environmental Law on 6/28/2024

Yesterday, in SEC v. Jarkesy, the Supreme Court ruled that the defendants in a securities fraud case brought by the SEC were entitled to have the SEC’s claims for civil penalties decided by a jury. The question now is how...more

Understanding the Latest Federal Wetlands Rulings: A Guide for Property Owners and Developers

Foster Garvey PC on 1/13/2024

Recent federal court decisions have changed the way wetlands are regulated in the United States. Here's what you need to know. A Shift in Wetland Regulation: The Sackett Decision and Its Impact In 2023, the U.S. Supreme...more

Zoning and Development Newsletter - July 2023

Sullivan & Worcester on 7/14/2023

Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Waters of the United States/Clean Water Act: Federal District Court (Louisiana) Addresses Property Owner's Challenge to...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/16/2023

The United States District Court (E.D. Louisiana) (“Court”) issued a June 12th Order addressing a property owner’s challenge to the United States Corps of Engineers (“Corps”) assertion of Clean Water Act jurisdiction over...more

A Big Day for the Little Guy – SCOTUS Today

Epstein Becker & Green on 5/26/2023

With essential unanimity, though with an array of concurrences in one of them, the Supreme Court ruled against government parties in three cases, two of them in favor of homeowners, and in property rights and environmental...more

The Supreme Court Update - May 25, 2023

Dorsey & Whitney LLP on 5/26/2023

Today, the Supreme Court of the United States issued three decisions: Tyler v. Hennepin County, No. 22-166: This case involved the Fifth Amendment’s “Takings Clause” in the context of seizing property to collect unpaid...more

Supreme Court Rules WOTUS Challenges Properly Before Federal District Courts

Steptoe & Johnson PLLC on 1/23/2018

In an important procedural decision, a unanimous United States Supreme Court ruled that challenges to the 2015 Obama-era rule re-defining Waters of the United States (WOTUS) under the Clean Water Act were properly before...more

Wetlands Determinations - Uncertainty for the Clean Water Rule?

Ruder Ware on 7/7/2016

On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the...more

SCOTUS Gives Landowners New Tools to Challenge Wetlands Permitting Decisions

Carlton Fields on 6/24/2016

The United States Supreme Court handed landowners and developers a win this month in a unanimous decision allowing appeals to federal courts of Army Corps of Engineers determinations that a body of water or wetland is subject...more

The Supreme Court Holds that Army Corps’ Jurisdictional Determinations are Final Actions Subject to Judicial Review

Jackson Walker on 6/6/2016

On May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., the US Supreme Court unanimously held that a U.S. Army Corps of Engineers’ (Corps) approved jurisdictional determination (JD) is a final agency action...more

California Environmental Law & Policy Update - June 2016

Allen Matkins on 6/6/2016

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Supreme Court Sides with Property Owners: Jurisdictional Determination is Reviewable

Seyfarth Shaw LLP on 6/6/2016

Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately...more

Unanimous Supreme Court Sides With Property Owners In Clean Water Act Row

Morrison & Foerster LLP on 6/3/2016

Introduction - On Tuesday, the U.S. Supreme Court issued an important decision that continues a trend of judicial skepticism toward federal agency efforts to avoid judicial review of agency permitting and related...more

US Supreme Court Holds US Army Corps Clean Water Act Determinations Reviewable

Morgan Lewis on 6/3/2016

Decision allows landowners to challenge in court a US Army Corps of Engineers’ determination that a property is subject to regulation under the Clean Water Act....more

Supreme Court: Clean Water Act Jurisdictional Determinations Challengeable in Federal Court

Holland & Knight LLP on 6/3/2016

The Supreme Court of the United States ruled on May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290, slip op., 578 U.S. ___ (2016) that approved jurisdictional determinations (JDs) issued by...more

Supreme Court Allows Challenges to Section 404 Jurisdictional Determinations

Manatt, Phelps & Phillips, LLP on 6/3/2016

U.S. Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290 (May 31, 2016) - Why It Matters: The U.S. Supreme Court unanimously concluded that property owners who are required to obtain Clean Water Act (CWA) Section 404...more

Supreme Court Rules that Clean Water Act Jurisdictional Determinations Are Reviewable in Court

Perkins Coie on 6/2/2016

The U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review. Hawkes Co.,...more

U.S. Supreme Court Issues Landmark Decision Authorizing Review of Wetland Jurisdictional Determinations

Farella Braun + Martel LLP on 6/2/2016

On May 31, 2016, the U.S. Supreme Court issued an eagerly anticipated decision that will benefit landowners and developers by authorizing immediate judicial review of Approved Jurisdictional Determinations (JDs) issued by the...more

Environmental Notes - March 2016

Williams Mullen on 3/17/2016

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed

Williams Mullen on 3/17/2016

The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a particular site by issuing a “jurisdictional determination” (JD). A JD is of great significance to...more

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