Highlights from the HBAGC…

Peter Schwartz Chief Executive Officer

The Attainable Housing Alliance recently filed an Amicus Brief as amicus curiae in support of the petitioners in Rapanos vs United States, a case that was pending in the Supreme Court. The U.S. government brought civil charges against the Rapanos, alleging that they illegally discharged fill material into protected wetlands in violation of the Clean Water Act (CWA) in an attempt to make the land easier to develop. This case was relevant to our industry because it brought up the question of when CWA applies and when federal courts have jurisdiction over water-related issues. At the end of June, the Supreme Court ruled that the lower courts were incorrect in ruling that the Army Corps of Engineers had jurisdiction carte blanche over wetlands, which the Corps interpreted in a far flung manner relative to "tributaries" as miniscule as "drainage ditches."

This is a significant victory for the home building industry and our Association, as it sets the stage for more rationale and equitable governmental oversight of the Clean Water Act and hopefully realistic processes through which our members gain approval to develop and build. Our hats go off to the U.S. Supreme Court in their wisdom and congratulations to AHA for having the foresight and leadership to formally weigh in on our behalf in the highest halls of justice.

Thank you for reading Highlights from HBAGC. Have a safe and happy holiday week!