This program is sponsored by the D.C. Bar Environment, Energy and Natural Resources Section and cosponsored by the Environmental Law Institute.
Amidst a vibrant 2016, the U.S. Supreme Court docket included an important environmental law case with cross-cutting implications. The U.S. Army Corps of Engineers renders jurisdictional determinations (JDs) that certain wetlands constitute "waters of the U.S." and thus require a Clean Water Act Section 404 permit prior to development. On March 30, in Hawkes Co., Inc. v. U.S. Army Corps of Engineers, the U.S. Supreme Court heard oral argument on whether a JD is a final agency action immediately challengeable in court, or if a landowner instead must await a 404 permit denial. Our distinguished panel, fresh off their appearances before the Justices, shared their insight and perspectives.
Panelists:
James Auslander, Beveridge & Diamond, P.C. (moderator)
Robert J. Lundman, U.S. Department of Justice, Environment & Natural Resources Division
Mark Miller, Pacific Legal Foundation
Tom Ward, National Association of Home Builders
Resources:
Hawkes v. U.S. Army Corps of Engineers: Is a Wetlands Jurisdictional Determination Reviewable Under the Administrative Procedure Act? (46 ELR 10291-10296)