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Circuit Court Returns Wetlands Case to District Court
It’s back to the courthouse for the “Tulloch II” lawsuit.
The D.C. Circuit Court of Appeals has reversed the U.S. District Court’s decision that an important wetland regulation case is not ready to be decided because builders and developers do not yet face a hardship under NAHB v. U.S. Army Corps of Engineers.
The court of appeals agreed with NAHB that its challenge is “ripe for review” because the association based its claims on purely legal principles that do not require a court to wait until the regulation is actually applied to any individual builder or developer.
Why is this important to NAHB members? NAHB can now return to the lower court and convince the court that when its members are not discarding soil or sediment into federally protected waters, they should not be regulated under the Clean Water Act.
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