United States Army Corps of Engineers v. Hawkes Co., Inc.
| 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
- Opinion analysis: Narrow loss for the government in Clean Water Act finality case (Miriam Seifter, June 1, 2016)
- Argument analysis: Justices debate finality issues in Clean Water Act case (Miriam Seifter, March 31, 2016)
- Argument preview: Diving into finality issues under the Clean Water Act (Miriam Seifter, March 24, 2016)
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| Date | Proceedings and Orders |
|---|---|
| Sep 8 2015 | Petition for a writ of certiorari filed. (Response due October 9, 2015) |
| Sep 14 2015 | Waiver of right of respondents Hawkes Co., Inc., et al. to respond filed. |
| Sep 23 2015 | DISTRIBUTED for Conference of October 9, 2015. |
| Sep 28 2015 | Response Requested . (Due October 28, 2015) |
| Oct 6 2015 | Motion for leave to file amicus brief filed by The National Association of Home Builders. |
| Oct 8 2015 | Consent 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 2015 | Response to petition from respondents Hawkes Co., Inc., et al. filed. |
| Nov 10 2015 | Reply of petitioner United States Army Corps of Engineers filed. |
| Nov 17 2015 | DISTRIBUTED for Conference of December 4, 2015. |
| Dec 7 2015 | DISTRIBUTED for Conference of December 11, 2015. |
| Dec 11 2015 | Motion for leave to file amicus brief filed by The National Association of Home Builders GRANTED. |
| Dec 11 2015 | Petition GRANTED. |
| Jan 19 2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the respondents. |
| Jan 22 2016 | Joint appendix filed. (Statement of cost filed.) |
| Jan 22 2016 | Brief of petitioner United States Army Corps of Engineers filed. |
| Jan 29 2016 | SET FOR ARGUMENT ON Wednesday, March 30, 2016 |
| Feb 3 2016 | Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner. |
| Feb 8 2016 | Record requested from U.S.C.A. 8th Circuit. |
| Feb 8 2016 | The time to file respondents' brief on the merits is extended to and including February 24, 2016. |
| Feb 10 2016 | CIRCULATED. |
| Feb 17 2016 | Record received from the U.S.C.A. 8th Circuit. (1 Box) |
| Feb 24 2016 | Brief of respondents Hawkes Co., Inc., et al. filed. (Distributed) |
| Mar 1 2016 | Brief amicus curiae of Cause of Action Institute filed. (Distributed) |
| Mar 1 2016 | Brief amici curiae of American Farm Bureau Federation, et al. filed. (Distributed) |
| Mar 1 2016 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed) |
| Mar 1 2016 | Brief amicus curiae of The Cato Institute filed. (Distributed) |
| Mar 2 2016 | Brief amici curiae of Foundation for Environmental and Economic Progress, and Utility Water Act Group filed. (Distributed) |
| Mar 2 2016 | Brief amici curiae of the Council of State Governments, et al. filed. (Distributed) |
| Mar 2 2016 | Brief amicus curiae of National Federation of Independent Business Small Business Legal Center filed. (Distributed) |
| Mar 2 2016 | Brief amicus curiae of Southeastern Legal Foundation filed. (Distributed) |
| Mar 2 2016 | Brief amici curiae of Ernest M. Park and Lauren Kent Park filed. (Distributed) |
| Mar 2 2016 | Brief amicus curiae of Mountain States Legal Foundation filed. (Distributed) |
| Mar 2 2016 | Brief amici curiae of West Virginia, Ohio, and 21 Other States filed. (Distributed) |
| Mar 2 2016 | Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
| Mar 2 2016 | Brief amici curiae of California Farm Bureau Federation, et al. filed. (Distributed) |
| Mar 2 2016 | Brief amici curiae of Ohio Chamber of Commerce, et al. filed. (Distributed) |
| Mar 2 2016 | Brief amici curiae of States of North Dakota, et al. filed. (Distributed) |
| Mar 2 2016 | Brief amici curiae of The National Association of Home Builders, et al. filed. (Distributed) |
| Mar 23 2016 | Reply of petitioner United States Army Corps of Engineers filed. (Distributed) |
| Mar 30 2016 | Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: M. Reed Hopper, Sacramento, Cal. |
| May 31 2016 | Adjudged 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 2016 | JUDGMENT ISSUED |
| Aug 18 2016 | Record from U.S.C.A. 8th Circuit has been returned. |
