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Judicial Review

By: Derek Hawkins//June 7, 2016//

Judicial Review

By: Derek Hawkins//June 7, 2016//

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US Supreme Court

Case Name: Army Corps of Engineers v. Hawkes Co.

Case No.: 15-290

Focus: Judicial Review

The Corps’ approved jurisdictional determination is a final agency action judicially reviewable under the ADA

“In general, two conditions must be satisfied for an agency action to be “final” under the APA: “First, the action must mark the consummation of the agency’s decision making process,” and “second, the action must be one by which rights or obligations have been determined, or from which legal consequences will flow.” Bennett v. Spear, 520 U. S. 154, 177–178.”

Affirmed

Concurring: KENNEDY, ALITO, THOMAS, KAGAN, GINSBURGE

Dissenting:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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