On May 31, 2016, the US Supreme Court ruled that an approved jurisdictional determination (JD) issued by the US Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review. Previous decisions by lower courts had held that a JD was not a final agency action and only notified landowners that they needed a Corps of Engineers Section 404 permit to fill jurisdictional waters or wetlands on their property.
A judicial review of Corps jurisdiction could not occur until the Corps made a final decision on a Clean Water Act permit application (i.e., permit denial), which typically involves extensive investments in both costs and time.
If you have further questions about this or need professional assistance, please contact:
V3’s Vice President, Wetlands & Ecology