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Full-Text Articles in Law
United States Army Corps Of Engineers V. Hawkes Co., Jonah Brown
United States Army Corps Of Engineers V. Hawkes Co., Jonah Brown
Public Land & Resources Law Review
When landowners seek to determine if a permit is required from the Army Corps of Engineers to discharge dredged or fill material into waters within their property boundaries, they may first obtain a jurisdictional determination specifying whether “waters of the United States” are present. In an 8-0 judgment, Army Corps of Engineers v. Hawkes was a victory for landowners, concluding that an approved jurisdictional determination is a final agency action reviewable under the Administrative Procedure Act.
In Re Crow Water Compact, Ariel E. Overstreet-Adkins
In Re Crow Water Compact, Ariel E. Overstreet-Adkins
Public Land & Resources Law Review
In re Crow Water Compact is the second appeal from the Crow Water Compact, agreed upon by the Settling Parties to distribute and manage water rights amongst themselves. The decision upholds the negotiated Compact for the second time, affirming the Montana Water Court’s decision granting summary judgment to the Settling Parties over objections by the Objectors and approving the Compact by a final order. This decision represents the last step in a process, started in 1979, to define and quantify the reserved water rights for current and future uses of the Crow Nation in Montana.