Pacific Legal Foundation attorneys Damien Schiff and Mark Miller published an article in the Federalist Society Review on U.S. Army Corps of Engineers v. Hawkes, which will be argued at the Supreme Court later this month. Mark Miller blogs about the article here, highlighting the article's conclusion:
Questions of reviewability of EPA and Corps actions under the CWA have been in the federal courts for decades. Much of the case law has focused on the reviewability of pre-enforcement actions. For a host of reasons, before Sackett, and now Hawkes, the courts had consistently held that APA review is unavailable for these types of actions. The Supreme Court in Sackett and the Eighth Circuit in Hawkes correctly changed the trajectory of administrative law and hemmed in agencies that had long ago left the bounds of reasonableness. That is why the Supreme Court of the United States should affirm the Eighth Circuit’s wise decision in Hawkes—that case, like Sackett before it, recognized the need to protect due process and basic fairness, and to cabin the power of agencies that for too long have acted well beyond their constitutional limits.