Utah Landowners Lose Bid for Quick Wetlands Appeal (Correct)

Utah landowners can’t appeal orders partially dismissing and staying their claims that the US Army Corps of Engineers unlawfully determined there were federally protected wetlands on their property.

Appellate jurisdiction is generally limited to review of final decisions, and the three orders at issue here aren’t final, the US Court of Appeals for the Tenth Circuit said.

Merlin Scott Phillips and Vickie Phillips sued, claiming that the Army Corps classified the area as wetlands without any supporting evidence and without considering their expert’s opposing scientific evidence. The Phillipses were attempting to avert facing potential fines or other liability for allegedly ...