Supreme Court of the United States
United States Army Corps of Engineers, Petitioner v. Hawkes Co., Inc.
May 31, 2016136 S. Ct. 1807
Summary
The Court held that an approved jurisdictional determination (JD) by the Army Corps of Engineers is final agency action reviewable under the APA. The JD meets the Bennett v. Spear test for finality because it marks the consummation of the Corps' decisionmaking and has direct legal consequences. Separate concurrences noted concerns about the Clean Water Act's reach and the binding nature of the memorandum of agreement.