livefromhooverdc_banner_v2.jpg

The Hoover Institution hosted "U.S. Army Corps of Engineers v. Hawkes: Are Regulatory Agencies’ Jurisdictional Determinations Immune to Immediate Judicial Review?" on Thursday, March 24, 2016 from 4:00pm - 6:00pm. The event video is below.

In recent years, the administrative state has faced increasing scrutiny in both the courts of law and the courts of public opinion. Both legally and politically, agencies face challenges to the powers that they wield, the discretion that they retain, and the deferential review they receive from courts. On March 30, the Supreme Court heard oral argument in the latest significant challenge to agency action: U.S. Army Corps of Engineers v. Hawkes Co
 
The Hawkes case raises a significant question regarding the relationship between agencies, the public, and the courts: when an agency asserts jurisdiction over private property under the Clean Water Act, can the landowner or others with contractual rights to use the property immediately appeal that determination in federal court, or can such a lawsuit only be brought after the private parties apply for an agency permit and the agency prohibits them from making use of that land or grants the permit with unacceptable conditions?

Upcoming Events

Friday, April 3, 2026 4:30 PM PT
The Man Who Told the Truth:   A Film Screening & Discussion Honoring Fang Lizhi
The Man Who Told The Truth: A Film Screening & Discussion Honoring Fang Lizhi
The Hoover Institution Program on the US, China, and the World invites you to The Man Who Told the Truth: A Film Screening & Discussion Honoring… Shultz Auditorium, George P. Shultz Building, Hoover Institution
Monday, April 6, 2026
The Taiwan Relations Act At 47: Taiwan's Evolving Hedging Strategy Amidst Intensifying Global Competition
The Hoover Institution's Project on Taiwan in the Indo-Pacific Region invites you to The Taiwan Relations Act at 47: Taiwan's Evolving Hedging… Herbert Hoover Memorial Building, Room 160
Tuesday, April 7, 2026
Unstable Majorities Continue: The Trump Era
Unstable Majorities Continue: The Trump Era
The Center for Revitalizing American Institutions hosts Unstable Majorities Continue: The Trump Era, a book talk with author Morris P. Fiorina on… Shultz Auditorium, George P. Shultz Building
overlay image