By NAHB Now
The U.S. District Court for the District of Arizona on Monday issued a ruling on the Navigable Waters Protection Rule (NWPR), which defines the “waters of the U.S. (WOTUS).” The court remanded and vacated the rule, but the scope of the decision is not clear.
The U.S. Environmental Protection Agency (EPA) has yet to respond to the court’s ruling, and NAHB has requested EPA and the U.S. Army Corps of Engineers (Corps) provide guidance on what version of the federal definition of WOTUS applies in the interim.
Following the ruling, NAHB Chairman Chuck Fowke issued a statement:
“NAHB is disappointed by the recent ruling against the Navigable Waters Protection Rule (NWPR) in the U.S. District Court for the District of Arizona. The NWPR provides a clear definition of waters of the U.S. (WOTUS) and better enables stakeholders to discern which waters fall under federal jurisdiction. This ruling is contrary to prior federal court decisions and will lead to more confusion over what features are jurisdictional, resulting in longer delays and higher housing costs.”
