Supreme Court of the United States · Official docket →
The Glynn Environmental Coalition, Inc., et al. v. Sea Island Acquisition, LLC
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 24-10710 · judgment July 29, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Clean Water Act generally prohibits filling in wetlands that qualify as “waters of the United States.” See 33 U.S.C. § 1311(a). Landowners who want to confirm whether wetlands on their property fall within that definition may obtain an “approved jurisdictional determination” from the U.S. Army Corps of Engineers, which is subject to judicial review. 33 C.F.R. § 331.2; see U.S. Army Corps of Eng’rs v. Hawkes Co., 578 U.S. 590, 597-99 (2016). Landowners may also, however, forego that process and simply seek a permit from the Corps based on a “preliminary jurisdictional determination.” See 33 U.S.C. § 1344(a); 33 C.F.R. § 331.2. Those who do agree that “all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States” and that accepting the permit “precludes any challenge to such jurisdiction . . . in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court.” Pet. App. 9a. The question presented is: Is a Clean Water Act permittee’s waiver of “any challenge” to the jurisdictional status of a wetland “in any Federal court” limited to government suits to enforce permit conditions, thereby allowing jurisdictional challenges in suits by states and private citizens under the Act’s citizen suit provision?
Counsel of record
For petitioner
Kevin K. Russell
Russell & Woofter LLC
For respondent
John Louis Fortuna
Jones Fortuna LLC
Proceedings
- Mar 23 2026Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
- Mar 04 2026DISTRIBUTED for Conference of 3/20/2026.
- Mar 04 2026Motion for leave to file amici brief filed by Georgia Conservation Voters, et al. (Distributed)
- Feb 27 2026Waiver of right of respondent Sea Island Acquisition, LLC to respond filed.
- Jan 26 2026Petition for a writ of certiorari filed. (Response due March 4, 2026)
- Dec 08 2025Application (25A582) granted by Justice Thomas extending the time to file until January 26, 2026.
- Dec 03 2025Application (25A582) to extend further the time from December 29, 2025 to January 26, 2026, submitted to Justice Thomas.
- Nov 18 2025Application (25A582) granted by Justice Thomas extending the time to file until December 29, 2025.
- Nov 12 2025Application (25A582) to extend the time to file a petition for a writ of certiorari from November 27, 2025 to January 26, 2026, submitted to Justice Thomas.