nahb.org – The National Association of Home Builders (NAHB) is calling on the Environmental Protection Agency (EPA) to immediately withdraw final regulations that would dramatically expand the definition of "waters of the United States" under the Clean Water Act. This renewed call is based on new evidence that the U.S. Army Corps of Engineers believes EPA used flawed technical and scientific analysis in crafting the regulation that was so indefensible that the Corps demanded that it be distanced from the rule.
Newly uncovered documents reveal that senior Corps officials concluded that the final water rule contains serious flaws, contradicts long-standing Clean Water Act legal principles and greatly differs from the proposed rule provided for public comment.
Moreover, as required by law, EPA failed to consult with state and local governments, confer with business stakeholders, comply with the requirements of the Regulatory Flexibility Act or produce an accurate cost-benefit analysis.
With the rule set to take effect on Aug. 28, Woods added that it will not only exacerbate regulatory uncertainty, but also impede the housing recovery and economic growth by vastly extending the areas in which home builders and other landowners are required to obtain wetlands permits.