Home Builders Urge Supreme Court To Hear CWA 'Jurisdiction' Finding Suits

摘要

The National Association of Home Builders (NAHB) is urging the Supreme Court to hear suits trying to establish a right to pre-enforcement review of agencies' Clean Water Act (CWA) jurisdictional determinations, citing its twice-rejected suit over an EPA jurisdictional finding as an example of the harm the determinations can do. In an amicus brief submitted to the high court Oct. 6, NAHB says that its long-running conflict with EPA over the CWA finding for the Santa Cruz River in Arizona is a case study in the practical effects of an agency determination that waters are jurisdictional under the CWA, even before any permitting or enforcement action.