Sentences with phrase «jurisdictional determinations»

The Supreme Court this week heard oral arguments in the Hawkes vs. U.S. Army Corps of Engineers case, which questions whether the Army Corps of Engineers» «jurisdictional determinations» (JDs)- an official decision as to whether or not a wetland is regulated by the Corps of Engineers - are «final agency actions» that are subject to judicial review.

She further maintains that Muscutt has unnecessarily increased the procedural complexity of jurisdictional determinations and opened the door to litigation on a new front: that of jurisdiction simpliciter.

The Court envisaged that it was through such a connection that jurisdictional determinations would achieve the policy goals of order and fairness.

The Board's mandate includes the appointment of arbitrators, decisions on challenges to arbitrators, jurisdictional determinations, and procedural decisions regarding, for instance, the number of arbitrators and applicable rules.

The rule will «better protect our aquatic resources, by strengthening the consistency, predictability, and transparency of our jurisdictional determinations,» added Assistant Secretary of the Army (Civil Works) Jo - Ellen Darcy.

The Court rejected the appellants» argument that the application of Trillium required «a broader, more contextual analysis when assessing the place of the contract for purposes of a jurisdictional determination.»

An official jurisdictional determination (JD) from the US Army Corps of Engineers (the Corps) describes which areas, if any, are jurisdictional and governs whether the landowner will need a permit to develop their property.

That designation took the form of a «Jurisdictional Determination» by the Corps, holding that the property is subject to the federal Clean Water Act, according to a PLF statement.

Not exact matches

After determination of jurisdictional issues by the Admiralty Court, the remaining claim for salvage which Salvors were held to be entitled to pursue was eventually settled.

The UCCJEA generally requires U.S. courts to register and enforce custody determinations issued by a foreign court if that court had jurisdiction under the jurisdictional principles contained in the UCCJEA.

Just as the JT commented in Assas that the interim injunction preserves the status quo pending determination of the dispute; the interim injunction also preserves the status quo pending determination of the jurisdictional challenge under the Decree itself.

For the court to exercise its discretion so as to leave the Claimants without the possibility of a determination on the merits in either jurisdiction does not seem to me to be what Parliament intended when it gave Claimants a jurisdictional choice.

Class action counsel therefore brought applications for directions in their respective province for a determination on the jurisdictional issue.

Doubtless influenced by that consideration, the House of Lords in Anisminic did anything but give effect to the «plain words» of the ouster clause, deciding that it did not protected determinations disclosing a jurisdictional error on the part of the decision - maker.