Supreme Court Holds Wetlands Jurisdictional Determinations Are Appealable

Peat miners, golfers, and landowners with real property containing or adjacent to Waters of the United States will benefit greatly from the Supreme Court’s May 31st decision in U.S. Army Corps of Engineers v Hawkes Co.  Hawkes resolved whether an approved jurisdictional determination by the Army Corps of Engineers (“Approved JD”) involving wetlands owned by a peat mining company in Minnesota is an appealable final agency action under the Administrative Procedure Act (“APA”).  In a major victory for property rights, the Supreme Court unanimously held that landowners may appeal Approved JDs under the APA to federal district court.