Quick Guide to Administrative Hearings
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On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more
Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more
The United States Court of Appeals for the Eighth Circuit (“Court”) affirmed a lower court ruling addressing challenges to Clean Water Act nationwide permits granted to Meryln Drake by the United States Corps of Engineers...more
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
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
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
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
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
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
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
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
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
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
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
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
In U.S. Army Corps of Engineers v. Hawkes, the Supreme Court held that a Jurisdictional Determination (JD) issued by the U.S. Army Corps of Engineers that specifies whether a particular parcel of property includes waters...more
The United States Supreme Court ruled today that an approved jurisdictional determination under the Clean Water Act constitutes an immediately appealable agency action under the Administrative Procedure Act, 5 U.S.C. §§ 500...more
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
In the Odyssey, Homer told of the inescapable sailing hazards that confronted Odysseus: the six-headed sea monster, Scylla, on one side of a strait and a whirlpool, Charybdis, on the other. Odysseus chose to avoid losing all...more