Tritt received a quick response from NAHB, which provided the in-depth information on wetlands regulations and the Clean Water Act he needed to answer those questions.
For a start, he was able to cite a 2001 decision by the U.S. Supreme Court — in Solid Waste Agency of Northern Cook County (SWANCC) vs. U.S. Army Corps of Engineers — that federal Clean Water Act regulation does not extend to isolated wetlands.
This decision has raised some difficult issues for federal regulatory agencies. Distinguishing under federal law between the areas that deserve stringent environmental protection and those that don’t is no easy matter, but one that has significant repercussions for the nation’s home builders.
Home builders associations or NAHB members who are interested in receiving background information on wetlands regulation, isolated wetlands and other issues related to the federal definition of “waters of the United States” can e-mail Neil Gaffney in NAHB’s Public Affairs Department or call him at 800-368-5242 x8495.
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