The Supreme Court of the United States recently scheduled oral argument in United States Army Corps of Engineers v. Hawkes Co., Inc., for Wednesday, March 30, 2016. M.Reed Hopper, our lead environmental attorney at Pacific Legal Foundation, will argue the case, and I will serve as his co-counsel. Reed is no stranger to the Supreme Court, having previously argued and won at the Court in the key wetlands decision known as Rapanos v. United States.
The justices are poised to decide whether the doors of the courts will be open – or closed – to Americans whose property is effectively frozen by a federal wetlands designation.
Incredibly, right now landowners are denied access to justice in these situations. They can’t appeal a wetlands designation to the courts without first paying hundreds of thousands of dollars for a wetlands development permit – and waiting years to be turned down. An appeal process that comes with such an impossible price tag is no appeal process at all.
The Hawkes Co., of Minnesota, is fighting to end this unfairness, and win the right to judicial appeal for itself – and by extension, for all property owners confronted with questionable wetlands designations.
I urge you to read the whole thing. And join us at the Court on March 30th if you are in the area. If you believe in liberty, due process, and the Constitution, then you will enjoy the show.