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With the House of Representatives on recess until April 12 and the Senate on recess until April 4, Capitol Hill was relatively quiet on the legislative front this week. Across the street, the Supreme Court heard oral arguments in
United States Army Corps of Engineers v. Hawkes Co.
At issue is whether Jurisdictional Determinations (JDs) issued by the Corps constitute a final agency action, within the meaning of the Administrative Procedure Act. JDs advise landowners whether their property contains 'waters of the United States' and are therefore subject to regulation under the Clean Water Act. The Corps argued that JDs do not constitute a final agency action and are not binding in subsequent proceedings. While the Court has not ruled, many observers expect a ruling, though probably a very narrow one, against the government.
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News From Around the Basin
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