Agency Not Given Third Opportunity to Make Determination by Federal Court

 

peat_mine_2_-_panoramio

Photo by paciana via wikicommons.

 

This post is not legal advice. 

 

2017 has started off with a few court decisions involving agricultural law, and I’ve discussed a few of those decisions. In 2016, the U.S. Supreme Court ruled unanimously (8-0) that a determination by the Army Corps of Engineers that a property contained “a waters of the United States” was reviewable under the Administrative Procedures Act (Hawkes Co., 2016). The Supreme Court affirmed the decision of the Eighth Circuit and sent the case back to the federal district court in Minnesota. Recently, the federal district court granted motions by the Hawkes Co. barring the Army Corps of Engineers from exercising Clean Water Act jurisdiction over the property. Continue reading