UNITED STATES ARMY CORPS of ENGINEERS V. HAWKES CO., INC., ET AL
(Slip Opinion) OCTOBER TERM, 2015 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus UNITED STATES ARMY CORPS OF ENGINEERS v. HAWKES CO., INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 15–290. Argued March 30, 2016—Decided May 31, 2016 The Clean Water Act regulates “the discharge of any pollutant” into “the waters of the United States.” 33 U. S. C. §§1311(a), 1362(7), (12). When property contains such waters, landowners who dis- charge pollutants without a permit from the Army Corps of Engi- neers risk substantial criminal and civil penalties, §§1319(c), (d), while those who do apply for a permit face a process that is often ar- duous, expensive, and long. It can be difficult to determine in the first place, however, whether “waters of the United States” are pre- sent. During the time period relevant to this case, for example, the Corps defined that term to include all wetlands, the “use, degradation or destruction of which could affect interstate or foreign commerce.” 33 CFR §328.3(a)(3). Because of that difficulty, the Corps allows property owners to obtain a standalone “jurisdictional determination” (JD) specifying whether a particular property contains “waters of the United States.” §331.2.
[Show full text]