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8 Aug, 2016

Pulled from the Swamp: EPA Wetland Determination Now Judicially Reviewable

By |2018-04-23T18:22:19+00:00August 8th, 2016|Construction Activity, Construction Contractor Advisor, Construction Law, EPA, Midwest Agricultural Law|

Landowners and developers bogged in an EPA wetland determination were recently thrown a life line when the United States Supreme Court determined The Army Corps of Engineer's (Corps) "jurisdictional determinations" (JD) regarding wetland designations are reviewable by the court.  United States Army Corps of Engineers v. Hawkes Co. Inc. Under the Clean Water Act (CWA) landowners and developers who do not have the proper permits can face severe criminal and [...]