Army Corps of Engineers v. Hawkes Co.

Army Corps of Engineers v. Hawkes Co.
Argued March 30, 2016
Decided May 31, 2016
Full case nameUnited States Army Corps of Engineers v. Hawkes Co., Inc., et al.
Docket no.15–290
Citations578 U.S. ___ (more)
136 S. Ct. 1807; 195 L. Ed. 2d 77
ArgumentOral argument
Opinion announcementOpinion announcement
Case history
PriorMotion to dismiss granted, 963 F. Supp. 2d 868 (D. Minn. 2013); reversed, 782 F.3d 994 (8th Cir. 2015); cert. granted, 136 S. Ct. 615 (2015).
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan
Case opinions
MajorityRoberts, joined by Kennedy, Thomas, Breyer, Alito, Sotomayor, Kagan
ConcurrenceKennedy, joined by Thomas, Alito
ConcurrenceKagan
ConcurrenceGinsburg (in part)
Laws applied
Administrative Procedure Act, 5 U.S.C. § 704

Army Corps of Engineers v. Hawkes Co., 578 U.S. ___ (2016), was a case in which the Supreme Court of the United States held that a Clean Water Act jurisdictional determination issued by the United States Army Corps of Engineers is reviewable under the Administrative Procedure Act because jurisdictional determinations constitute "final agency action".[1] For a federal agency decision or action to be reviewable in court under the Administrative Procedures Act, it must be a “final” agency action, meaning that there are no further steps that can be taken before it has an impact on the legal rights or obligations of any affected parties.

  1. ^ Army Corps of Engineers v. Hawkes Co., No. 15-290, 578 U.S. ___, slip op. at 1, 5 (2016).

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