U.S. Army Corps of Eng'rs v. Hawkes Co.
Supreme Court of the United States
1Opinion of the CourtChief Justice Roberts
The Clean Water Act regulates the discharge of pollutants into "the waters of the United States." 33 U.S.C. §§ 1311(a), 1362(7), (12). Because it can be difficult to determine whether a particular parcel of property contains such waters, the U.S. Army Corps of Engineers will issue to property owners an "approved jurisdictional determination" stating the agency's definitive view on that matter. See 33 CFR § 331.2 and pt. 331, App. C (2015). The question presented is whether that determination is final agency action judicially reviewable under the Administrative Procedure Act, 5 U.S.C. § 704.
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Also in this document: Concurrence.
2Cases cited11 opinions
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- Sackett v. Environmental Protection AgencySupreme Court of the United States · 2012
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