CMA and Industry Win Big Clean Water Act Case Against Obama – Supreme Court Upholds Right of Immediate Review of Jurisdictional Decisions

In one of the most closely watched environmental and administrative law cases this term, the US Supreme Court ruled unanimously against the government on Tuesday, May 31, 2016, affirming the Eighth Circuit’s decision allowing federal courts to review the US Army Corps of Engineers’ jurisdictional determinations.   Operators of mine and other projects will no longer have to await the outcome of a lengthy and expensive permitting process to seek review of decisions holding that sites will affect “navigable waters of the United States.”

Friend of Court Amicus Brief

Corps v. Hawkes Supreme Court Decision