Washington Report

Advocacy Updates from Washington D.C.

Supreme Court Hears Wetlands Case

The Supreme Court this week heard oral arguments in the Hawkes vs. U.S. Army Corps of Engineers case, which questions whether the Army Corps of Engineers' "jurisdictional determinations" (JDs) -  an official decision as to whether or not a wetland is regulated by the Corps of Engineers - are "final agency actions" that are subject to judicial review.

The government argues that they're not, but NAR contends that the decisions hurt landowners without giving them a proper appeals process.

NAR, along with the NAHB, submitted an amicus brief on the case (attached). The primary argument is that these JDs are final actions that can be reviewed by the courts and the current process to appeal a JD is long, burdensome and costly to property owners, hinders economic development and hurts property rights.

A decision by the Court is expected in June.

Download the Amicus Brief

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