DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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133067P.pdf 04/10/2015 Hawkes Co., Inc. v. U.S. Army Corps of Engineers
U.S. Court of Appeals Case No: 13-3067
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Bright and Kelly, Circuit Judges]
Civil case - Federal Water Pollution Control Act. The Corps' issuance of
an Approved Jurisdiction Determination that plaintiffs' property
constitutes "waters of the United States" within the meaning of the
Federal Water Pollution Control Act, thereby requiring plaintiffs to
obtain a permit to discharge dredged or filled materials into the
"navigable waters, was a final agency action for purposes of the
Administrative Procedure Act, and the district court erred in dismissing
the case for lack of a final agency action. Judge Kelly, concurring.