Monday, April 13, 2015

Hawkes Co., Inc. v. U.S. Army Corps of Engineers

<> Hawkes Co., Inc.  v.  U.S. Army Corps of Engineers - 4/10/15. In the U.S. Court of Appeals, Eighth Circuit, Case No. 13-3067. The Corps' issuance of an Approved Jurisdiction Determination that plaintiffs' property constitutes "waters of the United States" within the meaning of the Federal Water Pollution Control Act, thereby requiring plaintiffs to obtain a permit to discharge dredged or filled materials into the "navigable waters, was a final agency action for purposes of the Administrative Procedure Act, and the district court erred in dismissing the case for lack of a final agency action.

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