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United States Army Corps of Engineers v. Hawkes Co., Inc.

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Docket No. Op. Below Argument Opinion Vote Author Term
15-290 8th Cir. Mar 30, 2016 May 31, 2016 8-0 Roberts OT 2015

Holding: An approved jurisdictional determination by the United States Army Corps of Engineers definitively stating the presence or absence of waters of the United States on a particular property is a final agency action judicially reviewable under the Administrative Procedure Act.

Judgment: Affirmed, 8-0, in an opinion by Chief Justice Roberts on May 31, 2016. Justice Kennedy filed a concurring opinion, in which Justices Thomas and Alito joined. Justice Kagan filed a concurring opinion. Justice Ginsburg filed an opinion concurring in part and concurring in the judgment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 8 2015Petition for a writ of certiorari filed. (Response due October 9, 2015)
Sep 14 2015Waiver of right of respondents Hawkes Co., Inc., et al. to respond filed.
Sep 23 2015DISTRIBUTED for Conference of October 9, 2015.
Sep 28 2015Response Requested . (Due October 28, 2015)
Oct 6 2015Motion for leave to file amicus brief filed by The National Association of Home Builders.
Oct 8 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Hawkes Co., Inc..
Oct 27 2015Response to petition from respondents Hawkes Co., Inc., et al. filed.
Nov 10 2015Reply of petitioner United States Army Corps of Engineers filed.
Nov 17 2015DISTRIBUTED for Conference of December 4, 2015.
Dec 7 2015DISTRIBUTED for Conference of December 11, 2015.
Dec 11 2015Motion for leave to file amicus brief filed by The National Association of Home Builders GRANTED.
Dec 11 2015Petition GRANTED.
Jan 19 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents.
Jan 22 2016Joint appendix filed. (Statement of cost filed.)
Jan 22 2016Brief of petitioner United States Army Corps of Engineers filed.
Jan 29 2016SET FOR ARGUMENT ON Wednesday, March 30, 2016
Feb 3 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
Feb 8 2016Record requested from U.S.C.A. 8th Circuit.
Feb 8 2016The time to file respondents' brief on the merits is extended to and including February 24, 2016.
Feb 10 2016CIRCULATED.
Feb 17 2016Record received from the U.S.C.A. 8th Circuit. (1 Box)
Feb 24 2016Brief of respondents Hawkes Co., Inc., et al. filed. (Distributed)
Mar 1 2016Brief amicus curiae of Cause of Action Institute filed. (Distributed)
Mar 1 2016Brief amici curiae of American Farm Bureau Federation, et al. filed. (Distributed)
Mar 1 2016Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed)
Mar 1 2016Brief amicus curiae of The Cato Institute filed. (Distributed)
Mar 2 2016Brief amici curiae of Foundation for Environmental and Economic Progress, and Utility Water Act Group filed. (Distributed)
Mar 2 2016Brief amici curiae of the Council of State Governments, et al. filed. (Distributed)
Mar 2 2016Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. (Distributed)
Mar 2 2016Brief amicus curiae of Southeastern Legal Foundation filed. (Distributed)
Mar 2 2016Brief amici curiae of Ernest M. Park and Lauren Kent Park filed. (Distributed)
Mar 2 2016Brief amicus curiae of Mountain States Legal Foundation filed. (Distributed)
Mar 2 2016Brief amici curiae of West Virginia, Ohio, and 21 Other States filed. (Distributed)
Mar 2 2016Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
Mar 2 2016Brief amici curiae of California Farm Bureau Federation, et al. filed. (Distributed)
Mar 2 2016Brief amici curiae of Ohio Chamber of Commerce, et al. filed. (Distributed)
Mar 2 2016Brief amici curiae of States of North Dakota, et al. filed. (Distributed)
Mar 2 2016Brief amici curiae of The National Association of Home Builders, et al. filed. (Distributed)
Mar 23 2016Reply of petitioner United States Army Corps of Engineers filed. (Distributed)
Mar 30 2016Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: M. Reed Hopper, Sacramento, Cal.
May 31 2016Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Kennedy, Thomas, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Kennedy, J., filed a concurring opinion, in which Thomas and Alito, JJ., joined. Kagan, J., filed a concurring opinion. Ginsburg, J., filed an opinion concurring in part and concurring in the judgment.
Jul 5 2016JUDGMENT ISSUED
Aug 18 2016Record from U.S.C.A. 8th Circuit has been returned.