U.S. Supreme Court Lets Stand Decision That Wetlands Determination Not Reviewable

摘要

The U.S. Supreme Court on March 23 declined to hear oral argument on whether a jurisdictional determination for wetlands under the Clean Water Act is a final agency action subject to judicial review (Kent Recycling Servs. LLC v. U.S. Army Corps of Eng'rs, U.S., No. 14-493, cert. denied 3/23/15). The court's denial of Kent Recycling Services' petition for a writ of certiorari lets stand a July 2014 U.S. Court of Appeals for the Fifth Circuit decision holding "that the jurisdictional determination is not 'final agency action' and therefore is not reviewable under the" Administrative Procedure Act (Belle Co. LLC v. U.S. Army Corps of Eng'rs, 761 F.3d 383, 78 ERC 1933, 2014 BL 210374 (5th Cir. 2014)).