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