February 29, 2016

PLF's Shauneen Werlinger to participate in Hawkes discussion at Cato Institute on March 14

By PLF's Shauneen Werlinger to participate in Hawkes discussion at Cato Institute on March 14

On Monday, March 14th, I will be participating in a discussion hosted by Cato Institute entitled “Do Landowners Have a Right to Challenge Federal Regulation of Their Property? A Preview of Army Corps of Engineers v. Hawkes on the Eve of Oral Argument.”  Professor Steven Eagle of George Mason University School of Law and Ilya Shapiro, Senior Fellow in Constitutional Studies at Cato, will also speak.  The event begins at noon EST and is followed by a complimentary lunch at 1:30pm.  Please RSVP by March 10th here.  If you cannot attend in person, you can watch it live online here.

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U.S. Army Corps of Engineers v. Hawkes

Hawkes Company is a family-owned business in Minnesota that harvests peat moss, for landscaping. The U.S. Army Corps of Engineers improperly claimed jurisdiction over the property as regulated wetlands. This put Hawkes in the untenable position of (1) abandoning all use of the land at great loss; (2) spending several hundred thousand dollars to seek an unnecessary federal permit; or (3) using the land without federal approval at the risk of $37,500-a-day fines and criminal prosecution. When Hawkes challenged the Corps in court, lower courts dismissed the case as unripe for review. But the Supreme Court disagreed, holding that a Jurisdictional Determination is a binding legal decision subject to immediate judicial challenge.

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