Posted on December 18, 2015
By Lawrence Hurley, Reuters
The U.S. Supreme Court on Friday agreed to decide whether property owners can challenge the federal government in court when told they need sometimes costly permits required under a national water protection law.
The court will hear an appeal brought by the Obama administration, which is contesting a lower court ruling that said Hawkes Co Inc could file a lawsuit over whether it needs a permit to open a peat mine in Minnesota.
Whether a particular plot of land falls under the jurisdiction of the landmark 1972 U.S. Clean Water Act is of major importance to developers and other property owners because a finding that it does triggers a lengthy and expensive permitting process.
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