Oklahoma Farm Report masthead graphic with wheat on the left and cattle on the right.
Howdy Neighbors!
Ron Hays, Director of Farm Programming Radio Oklahoma Network  |  7401 N. Kelley Ave. Oklahoma City, OK 73111  |  (405) 841-3675  |  Fax: (405) 841-3674

advertisements
   
   
   
   
   
   
   
   

Agricultural News


Supreme Court Ruling Favors Property Owner in Land Grab Case Against Army Corps of Engineers

Fri, 27 Jan 2017 11:48:15 CST

Supreme Court Ruling Favors Property Owner in Land Grab Case Against Army Corps of Engineers Earlier this week, landowners scored a victory when a federal district court ruled against the Army Corps of Engineers (Corps) for incorrectly claiming jurisdiction over private property. The Corps had claimed a piece of property owned by Hawkes Company, and used by Hawkes to harvest peat, was a “waters of the United States” which requires a federal dredge and fill (404) permit under the Clean Water Act.



In March 2016, NCBA filed an amicus brief with the U.S. Supreme Court to support Hawkes’ private property rights and argue that jurisdictional determinations should be reviewable by courts. In a resounding victory, the Supreme Court ruled unanimously in favor of Hawkes, setting a precedent that landowners may challenge the Corps’ jurisdictional determinations. The case was then remanded back to the district court for a final decision on the facts, which found the Corps failed to prove that a WOTUS was present on Hawkes’ land.



“This week’s district court decision is the cherry on top of a significant legal victory for landowners,” said Scott Yager, NCBA environmental counsel. “This case highlights the subjectivity of how the agencies determine the presence of a WOTUS. It also gives landowners the option to use the courts for impartial review when confronted with questionable WOTUS determinations. Before Hawkes, the Corps had a rubber stamp on WOTUS determinations.”



The Hawkes case involved three companies engaged in mining peat in Minnesota. Due to the difficulty inherent in determining the need for a 404 permit, the Corps allows property owners to obtain a jurisdictional determination if a particular piece of property contains a WOTUS and therefore requires a 404 permit before using the land. Upon receiving an approved jurisdictional determination that their land did contain a WOTUS, the companies exhausted the administrative remedies available and then filed suit in Federal District Court challenging the Corps’ jurisdictional determination.



“Not only is the Hawkes decision a significant victory itself, it adds to the momentum of getting the flawed WOTUS rule fixed” said Yager. “NCBA is litigating the WOTUS rule, lobbying Congress, and working closely with the new administration to roll back this flawed rule.”



Source - National Cattlemen's Beef Association




   

 

WebReadyTM Powered by WireReady® NSI

 


Top Agricultural News

  • Oklahoma State Extension Says Over Sixteen Million Dollars in Losses to Agriculture as a Result of Northwest Oklahoma Fire Complex  Sat, 25 Mar 2017 11:30:57 CDT
  • Oklahoma Agriculture Secretary Jim Reese Visits with Victims of Recent Wildfires in Beaver County  Fri, 24 Mar 2017 17:52:16 CDT
  • Ad Valorem Tax Dollars Eyed to Pay for Public Services - Are We About to Open Pandora's Box?  Fri, 24 Mar 2017 16:27:03 CDT
  • NCBA President Craig Uden Testifies on the Imperative Nature of Securing a Foot & Mouth Vaccine  Fri, 24 Mar 2017 15:45:40 CDT
  • Superior Livestock Auction Offered More Than 31,000 Head of Cattle During March 23 Video Auction  Fri, 24 Mar 2017 15:16:36 CDT
  • National Cattlemen's Beef Association Calls on USDA to Withdraw "Damaging" GIPSA Rules  Fri, 24 Mar 2017 14:45:46 CDT
  • National Pork Producers Council Makes Serious Appeal to USDA to Abandon Midnight GIPSA Rules  Fri, 24 Mar 2017 14:35:07 CDT
  • Oklahoma Grain Elevator Cash Bids as of 2:00 p.m. Friday, March 24, 2017  Fri, 24 Mar 2017 14:28:04 CDT

  • More Headlines...

       

    Ron salutes our daily email sponsors!

    Livestock Exchange Oklahoma Ag Credit Oklahoma Farm Bureau National Livestock Credit P&K Equipment Oklahoma City Farm Show Stillwater Milling American Farmers & Ranchers KIS FUTURES, INC. Oklahoma Cattlemen's Association

    Search OklahomaFarmReport.com


       
       
    © 2008-2017 Oklahoma Farm Report
    Email Ron   |   Newsletter Signup

    WebReady powered by WireReady® NSI