WASHINGTON, D.C. – (RealEstateRama) — Ed Brady, chairman of the National Association of Home Builders (NAHB) and a home builder and developer from Bloomington, Ill., issued the following statement regarding the Supreme Court’s unanimous decision in the case of Army Corps of Engineers v. Hawkes Co. Inc.:
“NAHB commends the Supreme Court for its unanimous decision in this case regarding whether property owners have the right to challenge the U.S. Army Corps of Engineers in court after it has issued a jurisdictional determination. This common sense ruling represents a clear victory for property owners to assert their rights if they disagree with an arbitrary edict by the federal government.
“NAHB has been championing this issue for 25 years, arguing that jurisdictional determinations should be judicially reviewable. Previously, the only way to contest such a ruling in court was to obtain a federal wetlands permit, which is costly and time-consuming, or proceed without a permit and risk ruinous Clean Water Act penalties.
“Today’s ruling will allow property owners to be able to dispute a jurisdictional determination in court without first seeking a permit that they believe is not required in the first place.”
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