United States Army Corps of Engineers v. Hawkes Co.: U.S. Supreme Court Holds That Determinations of Clean Water Act Jurisdiction by Army Corps of Engineers Are Judicially Reviewable

Sullivan & Cromwell LLP - June 1, 2016

The Supreme Court held yesterday in United States Army Corps of Engineers v. Hawkes Co. that when the Army Corps of Engineers definitively determines that a particular property contains waters covered by the Clean Water Act, the Corps’ determination constitutes final agency action that is judicially reviewable under the Administrative Procedure Act.  The decision will make it easier for landowners to challenge the Corps’ determinations that their property is subject to the Clean Water Act’s requirements, without first having to comply with onerous permitting requirements or risk an enforcement action.