33 C.F.R. § 331.12
Exhaustion of administrative remedies
No affected party may file a legal action in the Federal courts based on a permit denial or a proffered permit until after a final Corps decision has been made and the appellant has exhausted all applicable administrative remedies under this part. The appellant is considered to have exhausted all administrative remedies when a final Corps permit decision is made in accordance with § 331.10.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2006–2021 · leading case: Belle Co. v. United States Army Corps of Engineers, 761 F.3d 383 (5th Cir. 2014).
Belle Co. v. United States Army Corps of Engineers, 761 F.3d 383 (5th Cir. 2014). “See 33 C.F.R. § 331.12 . Belle’s proposed framework, where it could first request a wetlands determination and then seek judicial reassessment of that regulatory determination but also later seek separate review of any permit decision based on that jurisdiction, would disrupt…”
Hawkes Co. v. United States Army Corps of Engineers, 782 F.3d 994 (8th Cir. 2015). “See 33 C.F.R. § 331.12 . Appellants then filed this action seeking judicial review of the Revised JD, alleging that it does not meet either of the applicable tests for the assertion of CWA jurisdiction established in Rapanos – the plurality’s “relatively permanent” test, or…”
Mehaffy v. United States, 98 Fed. Cl. 604 (Fed. Cl. 2011). “When these regulations on processing are read in light of 33 C.F.R. § 331.12 (denying federal court jurisdiction over takings challenge to permit denial until “after a final Corps deci *619 sion has been made”), it is apparent that the regulatory scheme contemplates that any…”
Hawkes Co. v. United States Army Corps of Engineers, 963 F. Supp. 2d 868 (D. Minnesota 2013). “See 33 C.F.R. § 331.12 . However, Plaintiffs argue that by itself, a jurisdictional determination qualifies as a “final agency action” subject to immediate judicial review.”
Ripplin Shoals Land Co. v. United States Army Corps of Engineers, 440 F.3d 1038 (8th Cir. 2006). “33 C.F.R. §§ 331.12 , 331.10. Where no administrative appeal process exists for a final agency action, the action is reviewable in federal court if it constitutes a “final agency” decision.”
Hoosier Env't Council v. Nat. Prairie Indiana Farmland Holdings LLC (N.D. Ind. 2021). “” 33 C.F.R. § 331.12 (a). The regulations define “affected party” as “a permit applicant, landowner, a lease, easement or option holder (i.”
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