Last week a federal district court in Minnesota ruled against the Army Corps of Engineers for incorrectly claiming jurisdiction over private property. The Corps claimed land owned by Hawkes Company to harvest peat through a Waters of the U.S. determination under the Clean Water Act. NCBA Environmental Counsel Scott Yager says the Minnesota company had taken the case to the U.S. Supreme Court, but it was sent back to the district court.

He says Hawkes company wanted to expand their business, but were prevented by the Corps through their WOTUS determination, which was thrown out by the federal district court.

Yager says the court decision is precedent setting and a big win for private business and agriculture against any Waters of the U.S. decisions by the Army Corps and the EPA.

NCBA is continuing to fight WOTUS through both the courts and Congress.