A trade group for building companies is considering legal action against the Biden administration for regulating wetlands that the group says no longer fall under the Clean Water Act and for allegedly withholding public documents.
The National Association of Home Builders is trying to compel the Army Corps of Engineers to shed light on its response to Sackett v. EPA, last year’s Supreme Court ruling that significantly reduced the federal agency’s oversight of wetlands.
The Army Corps has taken more than six months to release documents requested under the Freedom of Information Act pertaining to how the agency determines which wetlands still fall under its purview, the National Association of Home Builders said Wednesday.
“[Unless] a final determination is made within 10 days, NAHB will file suit seeking declaratory relief establishing that the Corps has violated FOIA,” Rafe Petersen, an attorney at Holland & Knight representing the business group, wrote in a letter to the Army Corps on Wednesday.
