FreedomWorks Foundation Supports Property Owners’ Supreme Court Fight Against Federal Bureaucracy

On the eve of the March 30 oral argument in U.S. Army Corps of Engineers v. Hawkes, a key Supreme Court case that will determine the rights of landowners to challenge the federal bureaucracy’s assertion of regulatory jurisdiction over their land, FreedomWorks Foundation Executive Director Curt Levey commented:

“The Hawkes case is important because it challenges one of the key ways in which federal bureaucrats expand their power at the expense of landowners, small businesses and individuals, while evading accountability. In recent decades, these bureaucrats have become increasingly aggressive in asserting authority over people’s property and lives in a manner that is difficult to challenge in court.”

“It’s problematic enough that the Army Corps of Engineers and the Environmental Protection Agency believe they can assert federal jurisdiction, under the Clean Water Act, over any piece of land that is sometimes wet by classifying it as one of the ‘waters of the United States.’ What’s even worse is the government’s claim, at issue in this case, that its assertion of jurisdiction cannot be challenged in court, leaving the landowner with the Hobson’s choice of abandoning use of their land, spending hundreds of thousands of dollars to try to obtain a permit, or risking prison and enormous fines for violating the Act.”

"The mission of FreedomWorks’ regulatory reform program is to restore the role of federal agencies to that permitted under the Constitution and authorized by the laws written by our elected representatives, including making federal bureaucrats more accountable to Congress and the people. A victory in Hawkes would be an important step toward achieving those goals."

FreedomWorks Foundation seeks to engage and educate Americans across all demographics on the principles of smaller government, lower taxes, free markets, personal liberty, and the rule of law. For more information, please visit, or contact Jason Pye at