Industry associations on Thursday applauded a U.S. Supreme Court ruling narrowing the applicability of the 1972 Clean Water Act. In deciding Sackett vs. EPA, the court ruled 5-4 that Clean Water Act jurisdiction is limited to wetlands that are “as a practical matter indistinguishable from waters of the United States” and have a continuous surface connection with those waters, providing clarity for property developers who had long sought such guidance.
NAIOP President and CEO Marc Selvitelli said in response to this decision: “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, while reducing unnecessary permitting delays.” He added: “Today’s Supreme Court decision finally clarifies the legal test needed to determine whether a federal permit is required for development projects – going far towards reducing uncertainty around costs associated with legal ambiguity.”
The National Multifamily Housing Council (NMHC) & National Apartment Association (NAA) also released joint statement noting their support: “Today’s ruling provides long-awaited certainty for property owners & housing providers by curbing federal overreach when it comes defining Waters of The US…the apartment industry strongly supports protecting water resources but undue & confusing regulations would exacerbate our nationwide housing affordability crisis”.
