Appeals Court Issues Stay on EPA Development Rule

The Sixth Circuit Court of Appeals in Cincinnati on Oct. 9 issued a stay on the Environmental Protection Agency’s (EPA) rule designed to clarify the federal permitting requirements associated with land developments for wetlands, streams and ditches under the Clean Water Act (CWA). The decision halts the implementation of the rule, known as the “Waters of the United States” (WOTUS), across the country.

Last year, NAREIT and its partners in the Coalition of Real Estate (CORE) Associations wrote to the EPA to express their opposition to most of the rule.

(Contact: Robert Dibblee at

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