NAIOP Commends Supreme Court Sackett v. EPA Ruling

NAIOP President and CEO Marc Selvitelli issued the following statement on the May 25 Supreme Court ruling in Sackett v. EPA.

Today the Supreme Court issued a unanimous decision in Sackett v. EPA, a case involving the jurisdiction of the Clean Water Act and the definition of “Waters of the United States” (WOTUS), and an issue on which NAIOP has been active on behalf of commercial real estate.  In a victory for NAIOP members and the CRE industry, the Court ruled that the Clean Water Act extends only to wetlands that are “as a practical matter indistinguishable from waters of the United States” and that have a continuous surface connection with that water.

For many years, NAIOP has advocated for commonsense regulation to protect our nation’s wetlands that is clear, increases predictability and consistency in EPA and Army Corps of Engineers wetlands decision making, and reduces unnecessary permitting delays. Our most recent comments to the Biden administration’s WOTUS rule reflected this approach. Today’s Supreme Court decision finally clarifies the legal test needed to determine whether a federal wetlands permit is required for a development project. This will go a long way to reducing the uncertainty and added costs of delay that were the result of the legal ambiguity that existed.

The Biden WOTUS rule had been suspended in 26 states as a result of legal challenges. Today’s Supreme Court ruling will most likely force changes to the Biden administration’s regulation to ensure its application is consistent with the decision. NAIOP members should rest assured that we will continue to work with federal policy makers as regulations governing our industry are developed.

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About NAIOP: NAIOP, the Commercial Real Estate Development Association, is the leading organization for developers, owners and related professionals in office, industrial, retail and mixed-use real estate. NAIOP comprises 21,000 members in North America. NAIOP advances responsible commercial real estate development and advocates for effective public policy. For more information, visit

Kathryn Hamilton