Irresponsible Regulation

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In its report 'Waters and Wetlands,' the General Accounting Office found that the Environmental Protection Agency and the Army Corps of Engineers have regulated U.S. waters and wetlands irresponsibly.

May 01, 2004

 

Bobby Rayburn

President, NAHB

In its report "Waters and Wetlands," the General Accounting Office found that the Environmental Protection Agency and the Army Corps of Engineers have regulated U.S. waters and wetlands irresponsibly.

Specifically, the GAO said the decision-making process is inconsistent and unpredictable. It also reaffirmed the NAHB's position that the agencies should issue regulations consistent with the Supreme Court's 2001 ruling in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers.

For years, Corps districts have taken divergent approaches to jurisdictional decisions important to home builders, developers and property owners. The EPA and the Corps have a long record of inconsistent, unpredictable jurisdictional decisions and of giving landowners the run-around on matters as simple as which parts of a property are federally regulated under the Clean Water Act.

These agencies need to provide fair, accurate guidance on how Corps field staff decides what falls under their jurisdiction.

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