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DOD/COE | RIN: 0710-AB50 | Publication ID: Fall 2022 |
Title: Administrative Appeal Process | |
Abstract:
The U.S. Army Corps of Engineers (Corps) proposes revisions to the regulation implementing the administrative appeal process for permits issued under sections 9 and 10 of the Rivers and Harbors Act of 1899, section 404 of the Clean Water Act, and section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972, as well as approved jurisdictional determinations that identify the geographic scope of waters of the United States. In U.S. Army Corps of Engineers v. Hawkes Co., Inc., et al. (2016), the U.S. Supreme Court held that approved jurisdictional determinations issued by the Corps are final agency actions that can be challenged in court without going through the permit process. The proposed revisions to the regulation would include approved jurisdictional determinations as one category of actions for which the affected party must first exhaust all applicable administrative remedies before filing a legal action in the Federal courts, which would align approved jurisdictional determinations with the process for other Corps decisions subject to the administrative appeal process prior to judicial review. |
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Agency: Department of Defense(DOD) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: Undetermined | Unfunded Mandates: Undetermined |
CFR Citation: 33 CFR 331 | |
Legal Authority: 33 U.S.C. 401 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: Undetermined | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Matthew Wilson Regulatory Program Manager Department of Defense U.S. Army Corps of Engineers 441 G Street NW, Washington, DC 20314 Phone:202 761-5856 |