Army Corps of Engineers v. Hawkes Co., 578 U.S. ___ (2016), was a case in which the Supreme Court of the United States held that a Clean Water Act jurisdictional determination issued by the United States Army Corps of Engineers is reviewable under the Administrative Procedure Act because jurisdictional determinations constitute "final agency action".

[1] For a federal agency decision or action to be reviewable in court under the Administrative Procedures Act, it must be a “final” agency action, meaning that there are no further steps that can be taken before it has an impact on the legal rights or obligations of any affected parties.

[2] “Waters of the United States” is a legal term defined in 40 CFR 230.3(s) that means a water body or wetland that is under the jurisdiction of the United States Army Corps of Engineers because of its impact on interstate commerce.

[8] In a majority opinion written by Chief Justice John Roberts, the Supreme Court rejected The Corps’ contentions that the jurisdictional determination “is not ”final agency action” and that, even if it were, there are adequate alternatives for challenging it in court.

[11] Justice Ruth Bader Ginsburg wrote a separate opinion concurring in part and concurring in the judgment in which she argued that there was nothing tentative or informal about jurisdictional determinations, and that the Corps' determinations have "an immediate and practical impact.