Mealey's Toxic Tort/Environmental - 5th Circuit: Corps' Jurisdictional Determination Not Final Agency Action

Mealey's Toxic Tort/Environmental - 5th Circuit: Corps' Jurisdictional Determination Not Final Agency Action

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 30 affirmed the dismissal of a lawsuit challenging a U.S. Army Corps of Engineers' jurisdictional determination (JD) that a property containing wetlands was subject to regulation under the Clean Water Act (CWA), finding that the court properly found that it lacked jurisdiction because the JD was not a final agency action (Belle Company LLC, et al. v. U.S. Army Corps of Engineers, No. 13-30262, 5th Cir.).

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