Real estate developers are applauding loudly for the U.S. Supreme Court's landmark ruling in Sackett v. U.S. Environmental Protection Agency — not only for significantly reducing the scope of wetlands and waters subject to federal dredge and fill permitting requirements under the Clean Water Act, but also for simplifying the permitting process for those wetlands and waters that remain regulated.
The Sackett decision is seen as a big win for the real estate development community, as it will lessen the risk of project delays, reduce development costs and mitigate potential legal exposure.
Yet, while developers are right to applaud the benefits of the Sackett decision, they should remain mindful of open issues regarding the decision's immediate effects and potential limitations — as well as the states' authority to regulate wetlands no longer subject to federal regulation.
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