Builders Say Appellate Ruling Backs Claim That Navigable Water Finding Is Reviewable

摘要

Arizona home builders urged a federal appellate court to hold that a traditional navigable water determination is a final agency action subject to legal challenges in line with another recent appellate ruling (Nat'l Ass'n of Home Builders v. EPA, D.C. Cir., No. 13-5290, letter filed 4/13/15). An attorney for the national and state home builder groups cited an April 10 ruling by the U.S. Court of Appeals for the Eighth Circuit that said a Clean Water Act jurisdictional determination for a wetlands parcel in Minnesota was a final agency action (Hawkes Co., Inc. v. U.S. Army Corps of Eng'rs, 2015 BL 101976, 8th Cir. 2015; (46 ER 1168, 4/17/15).