Case Explained: Jackie Lackie v. Eric M. Noe, Colonel

Court: United States Court of Appeals for the Eighth Circuit

Filed: 2026-07-13

The Eighth Circuit reversed the district court’s judgment affirming the Army Corps of Engineers’ revocation of Jackie Lackie’s shoreline use permit, holding that the revocation constituted arbitrary and capricious agency action under the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(a). The court applied federal common law, guided by Arkansas state contract interpretation principles, to determine that a settlement agreement signed by Lackie and the Corps unambiguously settled “all known disputes” between the parties regarding “all matters on the public lands,” including the dispute over the permit’s status. The court found that the plain language of the agreement manifested an intent to resolve the controversy over the permit, rendering extrinsic evidence from a transmittal letter recommending revocation insufficient to alter the agreement’s meaning. Consequently, the court remanded the case with directions to set aside the Corps’ decision to revoke the permit as unlawful agency action.

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