Supreme Court declines wetlands permafrost case

Posted: Wednesday, June 24, 2009

FAIRBANKS - The U.S. Supreme Court has refused to consider a Fairbanks case focused on whether land with permafrost is subject to federal wetlands review.

The Fairbanks North Star Borough in 2006 wanted to build a park on two acres west of Fairbanks. The Army Corps of Engineers said the borough needed a wetlands permit.

Borough officials, with help from a private lands right group, challenged the Corps' jurisdiction.

Attorney Daniel Schiff of the Pacific Legal Foundation says the decision Monday is a disappointment for property owners who will be precluded from getting a day in court.

Corps officials praised the decision.

Spokeswoman Pat Richardson says the agency position is that jurisdictional determinations are not subject to judicial review.



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