Category Archives: Wetlands

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New York Governor Proposes $3 Billion Bond for Environmental Measures

In his 2020 State of the State speech, New York Governor Andrew M. Cuomo led with a proposal to issue a $3 Billion ‘Restore Mother Nature Environmental’ Bond Act. The administration is calling it the nation’s most aggressive habitat restoration and flood reduction program. Additionally, the program appears to contemplate funding beyond the $3 billion, noting … Continue Reading

Further Update on Challenging Wetlands Permitting Decisions – the Latest Ruling in Hawkes

In a previous post we predicted that the U.S. Supreme Court would affirm an Eighth Circuit decision holding that a landowner can obtain immediate judicial review of a wetlands “jurisdictional determination” (JD) by the U.S. Army Corps of Engineers, and the Court did affirm that decision near the end of last Term. See U.S. Army … Continue Reading

Supreme Court Allows Immediate Challenges to Army Corps’ Clean Water Act Determinations

On May 31, 2016, in a unanimous ruling, the United States Supreme Court held that the Army Corps’ determination as to whether “protected waters,” subject to Clean Water Act regulations, are present on a property is subject to judicial review. See United States Army Corps of Engineers v. Hawkes Co., Inc. No. 15-290 (U.S. May … Continue Reading
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