Recent Supreme Court Ruling Will Impact Development Projects

DW Client Alert: Recent Supreme Court Ruling Will Impact Development Projects

July 2006
The United States Supreme Court recently issued a ruling regarding the scope of federal authority under the Clean Water Act in the cases of Carabell v. United States Army Corps of Engineers and Rapanos v. United States. Dickinson Wright attorney Tim Stoepker argued the case before the United States Supreme Court. Paul Bernard, also of Dickinson Wright, was the primary draftsman of the Supreme Court briefs. Their advocacy helped bring about a ruling that significantly changes the legal rules surrounding the Act, providing new opportunities – and risks – for property development. These changes will have a significant impact on how federal agencies, especially the Army Corps, interpret and apply the Act, and anyone who seeks to develop real property should be aware of these changes and their implications.