Appeals courts split on whether Army Corps decisions can be fought in court

摘要

Federal judges have ruled that an Army Corps of Engineers determination that a wetland qualifies for Clean Water Act protections may be challenged in court, establishing a split between appellate courts that could reach the Supreme Court. The 8th U.S. Circuit Court of Appeals on Friday ruled that a Minnesota property owner could file a legal challenge to undermine an Army Corps jurisdictional determination, or JD. In April 2012, the corps told the property owner that a 530-acre swamp in northwest Minnesota qualified for Clean Water Act protections because of a nexus with the Red River. Hawkes Company Inc. wanted to mine peat moss from the swamp for use in landscaping. It sought to challenge the JD in court, arguing that the permitting process would put significant burdens on the company, costing it about $270,000.