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Landowners May Now Challenge Army Corps Wetland Determinations

Landowners May Now Challenge Army Corps Wetland Determinations

The United States Supreme Court, in U.S. Army Corps of Engineers v. Hawkes, ruled that landowners may challenge wetland determinations in federal district court instead of applying for a permit or waiting for an enforcement action.  The case originated in Minnesota and involved a business wanting to harvest peat from their property.  The 8th Circuit Court of Appeals ruled in favor of the landowner allowing an appeal of the Army Corps’ ruling and the U.S. Supreme Court affirmed their decision in its new ruling.

The Clean Waters Act regulates the “discharge of any pollutant into the waters of the...




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