Real Estate
Home›Real Estate›Residential›Willard Land sues over Clean Water Act jurisdiction fo…
Willard Land sues over Clean Water Act jurisdiction for proposed 265-home site
The dispute centers on whether an alleged 8.9-mile surface connection to Great Salt Lake satisfies the Supreme Court Sackett standard, potentially affecting permit timing for Utah homes.
Willard Land has sued the U.S. Army Corps of Engineers, challenging the agency’s decision to treat an irrigation ditch and adjacent wetland near Willard, Utah, as protected under the Clean Water Act.
The developer says its plan to build 265 homes should not be subject to federal jurisdiction and is asking a federal judge to overturn the Corps’ finding, arguing the Clean Water Act limits the Corps’ authority.
HousingWire reports that the case turns on whether an alleged 8.9-mile surface connection to Great Salt Lake meets the U.S. Supreme Court Sackett standard, which federal regulators say would extend protections across the full parcel.
HousingWire adds that the company says jurisdictional uncertainty and lengthy permit processes can derail approved projects, raising costs and leaving homes unbuilt, and notes a similar Clean Water Act dispute is being weighed in a separate case in Mississippi.