NAIOP Commends Supreme Court Ruling in Sackett v. EPA on Wetlands Definition

 

Marc Selvitelli 

  

WASHINGTON, DC – NAIOP President and CEO Marc Selvitelli issued the following statement after the Supreme Court's unanimous verdict in the case of Sackett v. EPA:

 

Today the Supreme Court issued a unanimous decision in Sackett v. EPA, a case involving the jurisdiction of the Clean Water Act and the definition of “Waters of the United States” (WOTUS), and an issue on which NAIOP has been active on behalf of commercial real estate.

 

  In a victory for NAIOP members and the CRE industry, the Court ruled that the Clean Water Act extends only to wetlands that are “as a practical matter indistinguishable from waters of the United States” and that have a continuous surface connection with that water.

Aerial view of a wetland. Photo credit: Pixabay.com

For many years, NAIOP has advocated for commonsense regulation to protect our nation’s wetlands that is clear, increases predictability and consistency in EPA and Army Corps of Engineers wetlands decision making, and reduces unnecessary permitting delays.

 

 Our most recent comments to the Biden administration’s WOTUS rule reflected this approach.

 

The Supreme Court decision finally clarifies the legal test needed to determine whether a federal wetlands permit is required for a development project. This will go a long way to reducing the uncertainty and added costs of delay that were the result of the legal ambiguity that existed.

Kathryn Hamilton

The Biden WOTUS rule had been suspended in 26 states because of legal challenges. The Supreme Court ruling will most likely force changes to the Biden administration’s regulation to ensure its application is consistent with the decision.

 

NAIOP members should rest assured that we will continue to work with federal policy makers as regulations governing our industry are developed.

 

Contact:

 

 Kathryn Hamilton

703-673-1429 office

 703-283-7273 mobile

hamilton@naiop.org

naiop.org