There are many incentives for land developers to challenge the government’s determination of what are “waters of the United States” under the Clean Water Act—mainly the prospective savings of significant dollars in permits, mitigation and fees.
This past May, the Supreme Court ruled in the case of US Army Corps of Engineers v. Hawkes Co. that federal determinations of protected waters are subject to early judicial review—providing for judicial review without waiting for final agency action. Click here to read the full article.