Dawson attorney explains legal implications of WOTUS, Clean Water litigation

The legal implications of federal water and permitting policies have been in the news recently. Last week, the Supreme Court heard arguments on whether the U.S. Army Corps of Engineers’ determination that a property containing “waters of the United States” constitutes “final agency action for which there is no other adequate remedy in a court.” Also, jurisdictional and timeline questions continue to surround appeals on the Obama administration’s Waters of the U.S...

Supreme Court Agrees to Hear Case on Judicial Review of Clean Water Act Jurisdiction Determinations

Last month, the U.S. Supreme Court agreed to hear an appeal from a decision by the U.S. Court of Appeals for the Eight Circuit that Clean Water Act (CWA) Jurisdictional determinations (JDs) are subject to immediate judicial review. In Hawkes v...

Assessing the impact of the Supremes’ “Brandt” decision on lands underlying railroads

On March 10, in an 8-1 decision, the U.S. Supreme Court ruled in favor of Marvin M. Brandt, a Wyoming landowner who opposed federal efforts to build a bike trail along abandoned railroad tracks crossing his land. Mr. Brandt’s family had obtained title to the land from the U.S...

A supreme taking

On December 4, 2012, a unanimous U.S Supreme Court handed down a ruling with potentially significant impact for federal flood control efforts, particularly those administered by the U.S. Army Corps of Engineers. The case involves a wildlife area in Arkansas managed by the Arkansas Game and Fish Commission (AGFC)...