Monday, the U.S. Supreme Court ruled in favor of Hawkes Company from Minnesota in its challenge against the U.S. Army Corps of Engineers. National Cattlemen’s Beef Association had filed a friend of the court brief siding with the Minnesota peat mining company. NCBA Vice President of Government Affairs Colin Woodall says the high court ruling sets a precedent by allowing landowners to directly sue the EPA over its decision to define a body of water as a part of WOTUS.
He says this decision will likely have a direct effect on their court case challenging the EPA over the entire Waters of the U.S. rule.
Woodall says the Hawkes, Army Corps of Engineers decision impacts more than just cattle producers and is a significant win in favor private property rights.
In commenting on the decision, Justice Kennedy expressed the Court’s continued concern with the Clean Water Act continuing to raise troubling questions regarding the Government’s power to cast doubt on the full use and enjoyment of private property throughout the nation.
