Washington Report

Advocacy Updates from Washington D.C.

Supreme Court Decides Wetlands Case

The Supreme Court unanimously decided in favor of property rights and property owners in Hawkes vs. U.S. Army Corps of Engineers.   This case questions whether the Army Corps of Engineers' "jurisdictional determinations" (JDs) -  an official decision as to whether or not a wetland is regulated by the Corps of Engineers - are "final agency actions" that are subject to judicial review.

In an Amicus Brief, written in cooperation with the National Assoc. of Home Builders, NAR contended that the decisions hurt landowners without giving them a proper appeals process.  Property owners shouldn't have to go through an expensive and burdensome appeals process to be able to sue the Corps of Engineers. 

The Supreme Court agreed, 8-0.

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