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Supreme Court gives OK for farmers to challenge Clean Water Act

from Growing Produce

A unanimous Supreme Court has ruled landowners may challenge the federal government if the Army Corps of Engineers tries to regulate land with regulations designed to protect water. Landowners have attempted many times to challenge Corps rulings known as jurisdictional determinations, but the government successfully argued that those determinations were not “final agency actions” and the lawsuits were dismissed. Now, when the Corps asserts jurisdiction over low spots that look more like land than water, it will have to do so with the knowledge that its jurisdictional determination can be tested in court. more

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