Cramer: Supreme Court'S Unanimous Ruling On Wetlands Case Affirms Rights Of Property Owners

Press Release

Congressman Kevin Cramer issued the following statement following the unanimous ruling by the U.S. Supreme Court affirming a property owner's right to challenge "approved" Clean Water Act wetland determinations in federal court.

The case, U.S. Army Corps of Engineers (Corps) v. Hawkes Co., Inc. (Hawkes), was brought by the Grand Forks, N.D., peat moss mining company over its plans to mine 530 acres in northwestern Minnesota. The Corps had issued a jurisdictional determination that the land contained "waters of the United States" and was protected by the Clean Water Act, virtually killing the project. Hawkes challenged in court its ability to appeal the decision, acknowledging the project involved wetlands, but argued because it was more than 100 miles from the nearest known jurisdiction water, the Red River of the North, it did not fall under federal jurisdiction.

North Dakota was among 27 states that filed amicus briefs in support of Hawkes, arguing the decision undermined the sovereignty of states. For a permit similar to the one at issue in this case it has been found that the average applicant spends 788 days and $271,596 in completing the process, without counting costs of mitigation or design changes.

"Although the greater fight over the Waters of the United States continues, this is a victory for property owners and the rule of law. Considering the significant implications associated with having to seek a Clean Water Act permit, it's sickening this Administration would seriously argue that due process should remain exclusively within its control. Thankfully, the Supreme Court agrees, unanimously I may add."

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