Supreme Court, landowners can challenge Army Corps

With a decision that did not come as a surprise, the Court ruled unanimously that landowners can challenge Army Corps of Engineers’ wetlands determinations in court (U.S. Army Corps of Engineers v. Hawkes Co.).

Good news for private property rights and bad news for the overreaching power of the EPA, and the Army Corps of Engineers with regards to the Clean Water Act and the Waters of the United States.

Justice Kennedy wrote “The Act, especially without the JD procedure were the Government permitted to foreclose it, continues to raise troubling questions regarding the Government’s power to cast doubt on the full use and enjoyment of private property throughout the Nation”.

Link to Ruling

Danny Kushmer

 

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