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Army Corps of Engineers

Federal Court Addresses Clean Water Act Jurisdiction

Written by Errin McCaulley – Research Assistant

On January 24, 2017, the U.S. District Court for the District of Minnesota issued an opinion in the latest iteration of the dispute between Hawkes Co., Inc. and the U.S. Army Corps of Engineers regarding a peat mining operation in Minnesota. Hawkes Co. v. U.S. Army Corps of Eng’rs, Civil No. 13-107 ADM/TNL, 2017 WL 359170 (D. Minn.). This case, which has been developing since 2010, represents one of the latest Clean Water Act  cases to confront the application of the “significant nexus” test developed by Justice Kennedy in Rapanos v. United States, 547 U.S. 715, 778-82 […]
January 1st, 2017|Tags: , |