The Army Corps of Engineers Argues Jurisdictional Determinations Not Subject to Judicial Review
The Army Corps of Engineers Argues Jurisdictional Determinations Not Subject to Judicial Review
In the days before oral argument before the U.S. Supreme Court regarding the ability of the U.S. Army Corps of Engineers (“ACOE”) to claim jurisdiction over bodies of water, the ACOE emphasized the inability for its jurisdictional determinations to be challenged.
The Eighth Circuit had previously held that such jurisdictional determinations were “final agency actions” that are subject to judicial review. The ACOE is appealing that holding, claiming that the Clean Water Act already had sufficient avenues for challenging any adverse impacts arising from federal jurisdiction, and subjecting jurisdictional determinations to specific judicial review would discourage public inquiry.
The ACOE’s position is vigorously opposed by several dozen states and private property owners, who claim that adverse jurisdictional determinations can hinder property rights and destroy projects. Attorneys for the private property owners argue that the federal government is depriving the public of its right to access the courts.
Oral argument is set to begin today.