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5 Joule: Duq. Energy & Envtl. L.J. 1 (2017)

handle is hein.journals/joule5 and id is 1 raw text is: 

The  Limitations of Federal Agencies and the Finality and Judicial Reviewability of Agency
                    Actions Under  the Administrative Procedure Act:
              U.S. Army Corps of Eng'rs v. Hawkes Co., 136 S. Ct. 1807 (2016)

                                    Kathleen M. Hum


       This case note addresses a delayed clarification in administrative and agency

jurisprudence, specifically dealing with the scope and reviewability offinal agency actions under

federal statutes. Part I of this case note discusses the Clean Water Act, the Administrative

Procedure Act, and the U.S. Army Corps ofEngineers' (Corps) jurisdiction. Part II analyzes a

recent United States Supreme Court Decision, U.S. Army Corps of Eng'rs v. Hawkes Co., that

firther defined the rights ofprivate landowners to challenge final agency actions. In U.S. Army

Corps of Eng'rs v. Hawkes Co., the Court held that an approved jurisdictional determination

issued by the Corps was afinal agency action under the Administrative Procedure Act. Part III

inquires into the history of the Corps' authority over waters of the United States.  Finally, Part

IV argues why the Supreme Court correctly expanded the rights ofprivate landowners to

challenge a federal agency 's actions and the current limitations of that decision.


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