ELR Citation: 55 ELR 20025
No(s). 2:24-cv-337 (E.D. Va. Feb 13, 2025) (Jackson, J.)

A district court granted the Army Corps of Engineers' motion to dismiss a developer's challenge to the Corps' 2012 jurisdictional determination over certain wetlands in Virginia. The developer challenged the Corps' significant nexus finding between the wetlands and the Northwest River, arguing the significant nexus test no longer controlled for finding jurisdiction under the CWA based on the Supreme Court's decision in Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023). The Corps moved to dismiss for lack of jurisdiction. The court found the developer's challenge of the Corps' successful defense of its 2012 jurisdictional determination and its continuing impact on the wetlands was not an agency action, let alone a final agency action subject to judicial review. It dismissed the suit for lack of jurisdiction.