Wetlands Jurisdictional Determinations are Final Agency Actions Subject to Immediate Judicial Review

The U.S. Supreme Court ruled yesterday that a wetlands jurisdictional determination by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review.  Hawkes Co., Inc. v. U.S. Army Corps of Engineers, 578 U.S. ___ (2016).  The Supreme Court's decision resolves a circuit split on the issue, and it has important implications for landowners, developers and regulators. Our full report on the case is available here.