The Pacific Legal Foundation filed an appeal in Kent Recycling Services v. Army Corps of Engineers on October 29, seeking U.S. Supreme Court review of a decision by the Fifth Circuit Court of Appeals, which denied a landowner the right to seek judicial review of federal regulators’ decision to designate his land as wetlands.
This appeal comes two years after the PLF’s Supreme Court victory in the case of Sackett v. U.S. Environmental Protection Agency, where the Supreme Court determined that landowners may seek judicial review of “compliance orders” concerning federal wetlands issued by Clean Water Act regulators. Read more: Historic Supreme Court ruling allows Idaho couple to take EPA to court.
Gunster‘s environmental and land use law practice team are monitoring the current appeal for its potential effect on landowners’ ability to appeal designations made by Clean Water Act regulators. Feel free to contact any member of our team with questions about the matter.
Image courtesy of Salvatore Vuono/FreeDigitalPhotos.net
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