Army Corps of Engineers v. Hawkes Co.
2016 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Army Corps of Engineers v. Hawkes Co., 578 U.S. ___ (2016), was a case in which the Supreme Court of the United States held that a Clean Water Act jurisdictional determination issued by the United States Army Corps of Engineers is reviewable under the Administrative Procedure Act because jurisdictional determinations constitute "final agency action".[1] For a federal agency decision or action to be reviewable in court under the Administrative Procedures Act, it must be a “final” agency action, meaning that there are no further steps that can be taken before it has an impact on the legal rights or obligations of any affected parties.
Army Corps of Engineers v. Hawkes Co. | |
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Argued March 30, 2016 Decided May 31, 2016 | |
Full case name | United States Army Corps of Engineers v. Hawkes Co., Inc., et al. |
Docket no. | 15–290 |
Citations | 578 U.S. ___ (more) 136 S. Ct. 1807; 195 L. Ed. 2d 77 |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Case history | |
Prior | Motion to dismiss granted, 963 F. Supp. 2d 868 (D. Minn. 2013); reversed, 782 F.3d 994 (8th Cir. 2015); cert. granted, 136 S. Ct. 615 (2015). |
Court membership | |
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Case opinions | |
Majority | Roberts, joined by Kennedy, Thomas, Breyer, Alito, Sotomayor, Kagan |
Concurrence | Kennedy, joined by Thomas, Alito |
Concurrence | Kagan |
Concurrence | Ginsburg (in part) |
Laws applied | |
Administrative Procedure Act, 5 U.S.C. § 704 |