June 1, 2016
The U.S. Supreme Court issued a unanimous ruling yesterday, that jurisdictional determinations issued by the U.S. Corps of Engineers as final agency actions are subject to judicial review under the Administrative Procedure Act.
The government’s previous standard presented farmers with insurmountable hurdles, effectively denying them their right to challenge illegal regulatory decisions.
“Today’s decision removes a huge roadblock that has prevented landowners from obtaining relief from the courts when the Corps illegally claims their land as federally regulated water,” said AFBF President Zippy Duvall. “Now, farmers and ranchers can have their day in court when the government tells them they cannot plow a field or improve a ditch without a federal permit.”
To read the court’s opinion , visit http://www.supremecourt.gov/opinions/15pdf/15-290_6k37.pdf.