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Wetlands Permits Supreme Court of the United States

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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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

Goldberg Segalla

The Clean Water Act’s Not So Clean Application in Close Cases

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Just last week, on October 3, 2022, Sackett v. EPA found itself once again before the U.S. Supreme Court for oral arguments, its first appearance at SCOTUS having been a decade before. In January 2022, when the Supreme Court...more

Foley & Lardner LLP

Trump Administration Issues “Step Two” Rule Narrowing Federal Wetland Jurisdiction

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On April 21, 2020, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (USACE) published in the Federal Register the so-called “Step Two” rule revising the definition of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit? U.S. Supreme Court Decides Maui Case

The United States Supreme Court (“SCourt”) issued an April 23rd decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, et al. See No. 18-260. The case involves whether, and to what extent, a discharge of pollutants...more

Steptoe & Johnson PLLC

Supreme Court Rules WOTUS Challenges Properly Before Federal District Courts

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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

Williams Mullen

Regulated Parties – 2, Regulators – 0

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The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...more

Ruder Ware

Wetlands Determinations - Uncertainty for the Clean Water Rule?

Ruder Ware on

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

Carlton Fields

SCOTUS Gives Landowners New Tools to Challenge Wetlands Permitting Decisions

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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

Allen Matkins

California Environmental Law & Policy Update - June 2016

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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

Morrison & Foerster LLP

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

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

Morgan Lewis

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

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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

Holland & Knight LLP

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

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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

Manatt, Phelps & Phillips, LLP

Supreme Court Allows Challenges to Section 404 Jurisdictional Determinations

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

Stoel Rives LLP

Clean Water Act Client Alert: US Supreme Court Concludes US Army Corps of Engineers Wetland "Jurisdictional Determinations"...

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Earlier this week, the US Supreme Court unanimously concluded that wetland determinations by the US Army Corps of Engineers (“Corps”) under the Clean Water Act constitute final agency action, meaning that landowners can...more

Perkins Coie

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

Perkins Coie on

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

Farella Braun + Martel LLP

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

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

Williams Mullen

Environmental Notes - March 2016

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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

Miller Starr Regalia

Legal Update: What The Crystal Ball Says About Koontz

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As you may have heard, on June 25, 2013, the U.S. Supreme Court released its decision in Koontz v. St. John’s River Water Management District 570 U.S. ___, 133 S.Ct. 2586 (2013). Koontz has been hailed by property rights...more

Burr & Forman

Supreme Court Rules On Permits

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The recent Supreme Court case Koontz vs. St. Johns River has generated a lot of commentary and debate in the legal community and speculation concerning the ramifications of the case on various land use permitting scenarios. ...more

Snell & Wilmer

The U.S. Supreme Court’s Latest Attempt to Differentiate a Fair Quid Pro Quo in the Developer’s Permitting Process From an...

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The U.S. Supreme Court has issued an important decision in an attempt to add clarity and help government land use planners understand the difference between reasonable requests and unreasonable demands rising to the level of...more

Bradley Arant Boult Cummings LLP

Supreme Court Rules In Favor Of Landowner Seeking To Develop Property

On June 25, 2013, the United States Supreme Court in Koontz v. St. Johns River Water Management District rendered a decision that protects the rights of property owners when seeking construction permits to develop their...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Gets It Right On Takings - And Wrong - A View from "Inside the Curtilage": The Property Owner's Perspective

In Koontz v. St. Johns River Water Management District, the Supreme Court cleared up two important, nagging issues with wide applicability and importance to property owners across the country. First, the 5-member majority,...more

Allen Matkins

The Koontz Decision: Limits Conditions a Government can Impose on Developers

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The extent to which governmental authorities may condition land use permits on exactions and concessions from land use permit applicants has received extraordinary attention from the United States Supreme Court in recent...more

Katten Muchin Rosenman LLP

US Supreme Court Protects Landowners from "Extortionate" Demands by the Government in Land-Use Permitting Decisions, Including...

In a 5-4 decision authored by Justice Alito, and joined by Chief Justice Roberts and Justices Scalia, Thomas and Kennedy, the US Supreme Court in Koontz v. St. Johns River Water Management District broadened the protections...more

Ballard Spahr LLP

Supreme Court Ruling May Lead to More Landowner Challenges of Land Use Regulations, Fees

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The U.S. Supreme Court recently issued a ruling in a long-running land use case holding that “extortionate demands” by the local government entity constituted illegal interference with a property owner/developer’s right to...more

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