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

  • Kim Anderson Reports OK's Cotton Harvest Ahead of Schedule, Prices Remaining Steady on SUNUP  Thu, 19 Oct 2017 16:13:37 CDT
  • Thursday Market Wrap-Up with Justin Lewis  Thu, 19 Oct 2017 15:37:15 CDT
  • Oklahoma Grain Elevator Cash Bids as of 2:00 p.m. Thursday, October 19, 2017  Thu, 19 Oct 2017 15:33:56 CDT
  • Okla. State FFA President Ridge Hughbanks Shares What the Blue and Gold Jacket Means to Him  Thu, 19 Oct 2017 15:30:18 CDT
  • National Corn Growers Assoc. Urges EPA Administrator Scott Pruitt to Pull Back on RFS Reductions  Thu, 19 Oct 2017 14:35:31 CDT
  • Thursday Afternoon Market Wrap-Up with Carson Horn   Thu, 19 Oct 2017 14:07:39 CDT
  • Senate Ag Committee Recommends Full Senate Vote to Confirm USDA Nominees Ibach and Northey  Thu, 19 Oct 2017 14:05:15 CDT
  • CoBank Reports the Consolidation of Rural Water Systems is Prompting an Industry-wide Dialogue  Thu, 19 Oct 2017 13:52:31 CDT

  • More Headlines...

       

    Ron salutes our daily email sponsors!

    Livestock Exchange Oklahoma Ag Credit Oklahoma Farm Bureau National Livestock Credit P&K Equipment Tulsa 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