Environmental Notes - March 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 particular site by issuing a “jurisdictional determination” (JD). A JD is of great significance to property owners because it often dictates the extent to which their property can be developed. That’s why the development community has taken a big interest in U.S. Army Corps of Engineers v. Hawkes Co., Inc., a case now before the U.S. Supreme Court. The issue before the Supreme Court is straightforward: To what extent can property owners who disagree with the JD obtain immediate review of it in court?

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