United States Army Corps of Engineers, Petitioner v. Hawkes Co., Inc. — Kagan, J., Concurring

Summary

Justice Kagan concurs with the Court’s judgment that the Corps’ jurisdictional determination is a final agency action, but emphasizes that the Army Corps‑EPA memorandum of agreement is central to that conclusion because it creates a binding five‑year safe harbor. She agrees that the memorandum satisfies the Bennett finality test and therefore bars further civil enforcement actions.