Issues and Cases

When land is labeled “wetlands” by regulators, the owner deserves court review

Orchard Hill Building Company DBA Gallagher & Henry v. United States Army Corps of Engineers


Contact: Theodore Hadzi-Antich

Status: Complaint filed in the Northern District of Illinois on July 21, 2015.

Summary:
G&H is a family owned developer on the outskirts of Chicago.  In the spring of 1996, G&H began work toward residential development of a large portion of a 100-acre agricultural site it had purchased.

Multiple efforts to secure a jurisdictional determination began in January, 2006, and the final determination — that the property was jurisdictional wetlands — was made by the Corps on appeal only in July, 2013.  Representing the landowners in litigation, PLF argues that jurisdictional determinations are subject to judicial review; that the agency improperly went outside the record in making its determination; and that the agency failed to adhere to the rule that exempts prior converted cropland from federal wetlands regulation.

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