Army Corps Of Engineers Wetland Determinations Can Be Challenged In Court

The Supreme Court ruled unanimously that Army Corps of Engineers wetlands determinations can be challenged in court.  The ruling set a precedent that landowners may challenge the Corps’ jurisdictional determination specifying that a piece of property contains a “water of the United States.”  Justice Kennedy expressed the Court’s continued concern with the Clean Water Act, saying, “[t]he Act… continues to raise troubling questions regarding the Government’s power to cast doubt on the full use and enjoyment of private property throughout the Nation.”