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

No. 15-290.

136 S.Ct. 1807 (2016)

UNITED STATES ARMY CORPS OF ENGINEERS, petitioner v. HAWKES CO., INC., et al.

Supreme Court of United States.

Decided May 31, 2016.

Attorney(s) appearing for the Case

David R. Cooper , Chief Counsel, United States Army, Corps of Engineers, Washington, DC, Donald B. Verrilli, Jr. , Solicitor General, John C. Cruden , Assistant Attorney General, Malcolm L. Stewart , Deputy Solicitor General, Ginger D. Anders , Assistant to the Solicitor General, Aaron P. Avila , Jennifer Scheller Neumann , Robert J. Lundman , Attorneys, Department of Justice, Washington, DC, for petitioner.

Nancy Quattlebaum Burke , Gregory R. Mertz , of counsel, Gray Plant Mooty , Minneapolis, MN, M. Reed Hopper , Pacific Legal Foundation, Sacramento, CA, Mark Miller , Pacific Legal Foundation, Palm Beach Gardens, FL, for respondents.

ROBERTS, C.J., delivered the opinion of the Court, in which KENNEDY, THOMAS, BREYER, ALITO, SOTOMAYOR, and KAGAN, JJ., joined. KENNEDY, J., filed a concurring opinion, in which THOMAS and ALITO, JJ., joined. KAGAN, J., filed a concurring opinion. GINSBURG, J., filed an opinion concurring in part and concurring in the judgment.

The Clean Water Act regulates the discharge of pollutants into "the waters of the United States." 33 U.S.C. §§ 1311(a), 1362(7), (12). Because it can be difficult to determine whether a particular parcel of property contains such waters, the U.S. Army Corps of Engineers will issue...

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