The high court ruled unanimously in U.S. Army Corps of Engineers v. Hawkes that a “jurisdictional determination” by the Corps is a “final agency action” subject to court review because of the significant financial and even criminal consequences for landowners if they disregard it. The Court's decision is a positive development for developers and property owners who wish to put their properties to productive use but whose plans have been complicated by the potential presence of jurisdictional "Waters of the United States" (WOTUS). In the face of continuing disagreement regarding the reach of the CWA, the ruling injects much-needed certainty. Concurrence from Justice Anthony Kennedy that continues to express his concerns about the lack of clarity regarding the reach of the CWA could jeopardize the ability for the Corps and the U.S. Environmental Protection Agency to fend off current challenges to its joint WOTUS rule.