Landowner Wins Case against Army Corps

The National Cattlemen’s Beef Association says landowners scored a victory last week when a federal district court ruled against the Army Corps of Engineers for incorrectly claiming jurisdiction over private property. The Corps had claimed a piece of property owned by Hawkes Company, and used by Hawkes to harvest peat, was a “waters of the United States” which requires a federal dredge and fill permit under the Clean Water Act. In a resounding victory, the Supreme Court ruled unanimously in favor of Hawkes, setting a precedent that landowners may challenge the Corps’ jurisdictional determinations. NCBA environmental counsel Scott Yager said the case “highlights the subjectivity of how the agencies determine the presence of a WOTUS.” He says the ruling adds to the momentum of getting the flawed WOTUS rule fixed.