In an 8-0 decision, the United States Supreme Court held that designating a property as a Water of the United States was a final agency action. Landowners now have the ability to challenge designations of Waters of the United States before penalty actions are commenced. This decision gives landowners greater flexibility in fighting an erroneous designation. A landowner can now file a challenge to a wetlands designation without the same risk regarding fines.
For more information, please contact Phillip Hoover.