News

Ruling called victory for property rights proponents

The U.S. Supreme Court has ruled that wetlands determinations made by the Army Corps of Engineers under the Clean Water Act can be challenged in court.

The unanimous ruling is being called a victory for property rights proponents. It potentially streamlines the federal approval process for people and companies seeking to develop wetlands.

The case involved a dispute over a proposed peat-mining operation on 530 acres in Minnesota in which the property owners and developer challenged a decision by the Corps that the land is subject to federal regulation.

Land is subject to the Clean Water Act if it contains wetlands connected to a river, lake or other major waterway. Under the law, property owners may ask the Corps whether their land meets that test before deciding whether to apply for a permit. The issue for the Supreme Court was whether an owner can appeal the Corps’ decision.