In
a unanimous ruling in the case of
U.S. Army Corps of
Engineers v. Hawkes Co. Inc., the U.S. Supreme Court held that developers and
landowners can ask a court to review a federal finding that a wetland or waterway
on their property falls under the Clean Water Act. In an
amicus brief, written in
cooperation with the National Association of Home Builders, NAR contended that the
decisions hurt landowners without giving them a proper appeals process. The National Association of REALTORS has
supported past Supreme Court decisions to reject federal agency attempts to
assert jurisdiction beyond the navigable to all waters based on theories like
the presence of migratory birds. The decision yesterday is a victory and should
help as we continue the process of addressing our concerns with the Waters of
the U.S. rule. More on this story can be
found here.