Hawkes Co. v. United States Army Corps of Engineers

Citation data:

Issue: 7

Publication Year:
2017
Usage 83
Downloads 51
Abstract Views 32
Repository URL:
https://scholarship.law.umt.edu/plrlr/vol0/iss7/23
Author(s):
Danno, Sarah M
Tags:
Hawkes Co. v. United States Army Corps of Engineers; WOTUS; Corps; Army Corps of Engineers; CWA; Clean Water Act; Jurisdictional Determination; Minnesota; Wetlands; Significant Nexus; Dredged and Fill Material; Permit; Environmental; Administrative Law; Navigability; Navigable waters; Supreme Court; Permitting; Property; Peat; Mining; Environmental Health; Environmental Law; Oil, Gas, and Mineral Law; State and Local Government Law; Supreme Court of the United States; Water Law
case description
A peat mining company will not be required to obtain a permit under the Clean Water Act to discharge dredged and fill material into wetlands. The United States District Court for the District of Minnesota held that the United States Army Corps of Engineers fell short in its attempts to establish jurisdiction over the wetlands by twice failing to show a significant nexus existed between the wetlands and navigable waters. Further, the district court enjoined the Corps from asserting jurisdiction a third time because it would force the mining company through a “never ending loop” of administrative law.