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You are here: Home / Environmental Law / A unanimous U.S. Supreme Court?

A unanimous U.S. Supreme Court?

June 6, 2016 //  by Greg Cafouros

Greg-Cafouros-Web-BlogYes, on the issue of wetlands determinations by the Federal government.  The U.S Supreme Court justices held, using varied rationales, that the courts should be able to hear an appeal of the initial determination by the Corps of Engineers that a site is a “wetland”.   This determination triggers a raft of costly and time consuming studies to support a permit application.  Previously a landowner had to wait to appeal until the permit application was rejected, or face an enforcement action for proceeding without a permit.   This new decision now permits a landowner to object to the wetlands determination prior to deciding whether to apply for a permit.  This will streamline the process and foster even more litigation in this muddy area of water law in the U.S.

Category: Blog, Environmental LawTag: Greg Cafouros

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