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 affirmed the Eighth Circuit, holding that an approved jurisdictional determination issued by the Army Corps of Engineers is a final agency action subject to judicial review under the APA because it satisfies both Bennett prongs and because no adequate alternative remedies exist. Justice Kagan and Justice Ginsburg filed separate concurring opinions, with Kagan emphasizing the binding effect of the Corps‑EPA memorandum and Ginsburg rejecting that reliance while still agreeing the JD is final.