If only Vegas betting were this easy.
A few months ago, we (and most everyone else not working at the Justice Department) predicted that the Supreme Court would rule that property owners seeking to develop potential federal wetlands on their property may immediately challenge in federal court approved jurisdictional determinations (“JD”) by the U.S. Army Corps of Engineers. The government had countered that JDs are not final agency actions. Instead, recipients must either await denial of a Clean Water Act Section 404 wetlands permit after a lengthy and expensive administrative process, or proceed to fill wetlands at their own risk. The federal appellate courts had split on this issue. Continue Reading