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HAWKES CO., INC. v. U.S. ARMY CORPS OF ENGINEERS

No. 13-3067.

782 F.3d 994 (2015)

HAWKES CO., INC., et al., Plaintiffs-Appellants v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee. American Farm Bureau Federation; National Association of Home Builders; National Mining Association; American Petroleum Institute; Utility Water Act Group; Foundation for Environmental and Economic Progress, Amici on Behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: April 10, 2015.

Attorney(s) appearing for the Case

Reed Hopper, argued, Damien Michael Schiff, on the brief, Sacramento, CA, for Plaintiffs-Appellants.

Robert Lundman, USDOJ, Environmental & Natural Resources Division, argued, Daniel R. Dertke, Jennifer S. Neumann, USDOJ, Environmental & Natural Resources Division, on the brief, Washington, DC, for Defendant-Appellee.

Deidre G. Duncan and Karma B. Brown, Ellen Steen, Andrew J. Turner, Katie Sweeney, Danielle Quist, Thomas J. Ward, Amanda E. Aspatore, Peter Tolsdorf, Kristy A.N. Bulleit, on the brief, Washington, DC, for amicus American Farm Bureau Federation, et al.

Before LOKEN, BRIGHT, and KELLY, Circuit Judges.

Hawkes Co., Inc. (Hawkes), wishes to mine peat from wetland property owned by two affiliated companies in northwestern Minnesota. The United States Army Corps of Engineers derailed that plan when it issued an Approved Jurisdictional Determination ("JD") that the property constitutes "waters of the United States" within the...

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