The Supreme Court Has Spoken: The Unanimous Decision in U.S. Army Corp of Engineers v. Hawkes

Mark Miller
Show Date
July 3, 2016
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In numerous past shows, Bob and his guests have exposed the worrisome growth in executive power taking place through the overreach of administrative agencies. Too often, the courts simply defer to agencies like the EPA, leaving citizens without recourse to challenge the dictates of unelected bureaucrats. Finally, we have a guest with good news to report. In the recent case of U.S. Army Corp of Engineers v. Hawkes, a landowner (Hawkes) believed that the government was making an overly broad assertion of jurisdiction in claiming that his 160 acre parcel was “wetlands,” subject to federal restrictions under the Clean Water Act. Mark Miller, an attorney with The Pacific Legal Foundation, represented Hawkes in front of the Supreme Court in what turned out to be a resounding victory for property owners everywhere. He joins Bob to discuss the 8-0 decision, reaffirming landowners’ rights to immediate judicial review when issued a “jurisdictional determination” by the Army Corp. In the past, such determinations have put property owners in an impossible situation – having to choose between a costly, years-long permitting process with no guarantee of success, or giving up on their plans for the land’s use altogether.

Miller represents clients in federal and state cases that implicate property rights, environmental law with a focus on wetlands litigation, economic liberty, and other constitutional violations. When your liberties are under attack, the Pacific Legal Foundation has your back.