NAIOP Statement on Final WOTUS Rule

Today, the United States Environmental Protection Agency (EPA) and the Army Corps of Engineers announced a final Waters of the United States rule.

Thomas J. Bisacquino, president and CEO of NAIOP, the Commercial Real Estate Development Association, issued the following statement upon announcement of the regulation:

"For years, the lack of a clear definition regarding the scope of federal regulation of our nation's waters has been a costly source of confusion, delays and compliance challenges for the commercial real estate industry. The Navigable Waters Protection Rule is a critical step forward and represents a reasonable approach to federal oversight that balances environmental protections with economic realities. NAIOP appreciates and commends the work of EPA and Army Corps of Engineers for addressing many of these concerns, and for developing a rule that implements commonsense streamlining measures, as well as appropriate jurisdictional definitions, among other changes."

NAIOP has been a strong supporter, issuing a comment letter to the EPA in 2019 and engaging its grassroots network of 20,000 members to communicate its position on federal jurisdiction over domestic water bodies that creates a balance between conservation and economic development in the commercial real estate industry.

This message was delivered to all NAIOP members in the U.S. and chapter executives and staff. – January 24, 2020