On January 30, NMHC/NAA, along with a broad coalition of real estate and construction organizations, submitted an amici curiae brief to the U.S. Supreme Court. We urged the court to grant certiorari in James S. Deaton v. United States of America, No. 03-701. In Deaton, the 4th Circuit Court of Appeals held that the federal government was correct in determining that a man-made, roadside ditch was subject to CWA jurisdiction as an isolated wetland, despite the fact that the ditch is located eight miles from the nearest navigable water.
NMHC/NAA continues to encourage the Administration to pursue a formal rulemaking to clarify uncertain Clean Water Act (CWA) jurisdiction over isolated wetlands. In the absence of such a rulemaking, the U.S. Army Corps of Engineers (Corps) and EPA will continue to exert their tenuous claims of jurisdiction over isolated wetlands, miles away, and far from being adjacent to, the nearest navigable water.
NMHC/NAA argued that: (1) the Corps sweeping theory of federal jurisdiction will have a substantial adverse impact on small businesses, property owners and contractors nationwide; and (2) the Supreme Court should grant the Deaton's petition to resolve a split among federal circuit courts regarding the scope of federal jurisdiction under the CWA.
Related Resources
- NMHC Coalition Comment to EPA SNPR on the Waters of the United States (WOTUS) Definition
- NMHC-NAA Letter to EPA on Updated Definition of "Waters of the United States" (WOTUS)
- Coalition WOTUS CRA Resolution Letter to Congress
- Coalition Complaint Regarding WOTUS
- Coalition Complaint against EPA Waters of the United States (WOTUS) Rule