US Supreme Court Decision Helps Developers in Wetland Permitting
In a major new legal development for the Clean Water Act's Section 404 wetlands permitting program, landowners can now challenge the federal government's claim that areas targeted for fill are "waters of the United States" without first having to seek a permit to fill those waters, according to the Supreme Court's decision issued in United States Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290 (U.S. May 31, 2016) (Hawkes).