High court sides with property owners in wetlands case
National News
The Supreme Court is making it easier for landowners to bring a court challenge when federal regulators try to restrict property development due to concerns about water pollution.
The justices ruled unanimously Tuesday that a Minnesota company could file a lawsuit against the U.S. Army Corps of Engineers over the agency's determination that its land is off limits to peat mining under the Clean Water Act.
The ruling is a win for property rights and business groups that said it was unfair for government agencies to decide what land is subject to complex environmental laws without a court ever deciding whether the agency is right.
It was the second time in four years that the high court sided with property owners against the government in a dispute over the right to challenge a designation of protected wetlands.
The Obama administration argued that the Hawkes Company could only contest the finding by seeking a permit, an expensive process that could take years to resolve. The company said it should be able to challenge the order immediately in federal court without having to spend more than $100,000 on a permit or risk hefty fines.
Writing for the court, Chief Justice John Roberts said the Corps' decision was the kind of final decision that carries a risk of major criminal and civil penalties if landowners don't go along. He said property owners shouldn't have to wait for the agency to "drop the hammer in order to have their day in court."
The case began when the East Grand Forks, Minnesota, company planned to expand its peat processing operations and asked the Corps for guidance. The agency issued a determination that the property was governed by the Clean Water Act because it affected the Red River of the North about 120 miles away.
Related listings
-
Indiana court to hear woman's appeal of feticide conviction
National News 05/22/2016Attorneys for an Indiana woman found guilty of killing the premature infant she delivered after ingesting abortion-inducing drugs will ask an appeals court Monday to throw out the convictions that led to her 20-year prison sentence. At issue is India...
-
Court: Slipknot bassist's child born after he died can sue
National News 05/08/2016Idaho's state Supreme Court candidates went after each other's political independence Friday evening during their only scheduled major debate. "When you stand on the courthouse steps with the Legislature, I'm not sure if you're sending the right mess...
-
Iran's president slams US court ruling on frozen assets
National News 05/03/2016Iran's president said Wednesday that a U.S. court ruling that allows for the seizure of Iranian assets amounts to theft and indicates continued "hostility" toward his country. The U.S. Supreme Court ruled last week that the families of victims of a 1...
Processing Change for Certain Form I-730 Petitions
USCIS changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. Previously the Service Center Operations Directorate processed these filings. Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States as refugees. Petitioners and/or accredited representatives who file refugee-based Form I-730 petitions will receive further instructions when IASB receives their filings. Form I-730 petitions filed by persons granted asylum will not be affected by this change. The mailing instructions for Form I-730 remain the same. Petitioners should continue to follow the Where to File directions on the Form I-730 page. This policy update is consistent with the Department of Labor’s (DOL’s) Standard Occupational Classification system. DOL defines economists as people who conduct research, prepare reports, or formulate plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy. Economists may collect and process economic and statistical data using sampling techniques and econometric methods.