Legal Opinion
Hawkes Co. v. United States Army Corps of Engineers
Court of Appeals for the Eighth Circuit
Decided April 10, 2015No. 13-3067PublishedCited by 20 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
Hawkes Co., Inc. (Hawkes), wishes to mine peat from wetland property owned by two affiliated companies in northwestern Minnesota. The United States Army Corps of Engineers derailed that plan when it issued an Approved Jurisdictional Determination (“JD”) that the property constitutes “waters of the United States” within the meaning of the Federal Water Pollution Control Act (the “Clean Water Act” or “CWA”), and therefore appellants must have a permit to discharge dredged or fill materials into these “navigable waters.” See 33 U.S.C. §§ 1344(a), 1362(7). Appellants brought…
2Cases cited19 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Califano v. SandersSupreme Court of the United States · 1977
- Bennett v. SpearSupreme Court of the United States · 1997
- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
- Ohio Forestry Assn., Inc. v. Sierra ClubSupreme Court of the United States · 1998
14 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- U.S. Army Corps of Eng'rs v. Hawkes Co.Supreme Court of the United States · 2016
- National Ass'n of Home Builders v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2015
- Sackett v. EPASupreme Court of the United States · 2023
- American Farm Bureau Federation v. U.S. Environmental Protection AgencyCourt of Appeals for the Eighth Circuit · 2016
- Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. U.S. Corps of Eng'rsCourt of Appeals for the Eighth Circuit · 2018
15 more not listed; retrieve them via the Exa API.