Supreme Court's Endangered Species Ruling A Victory For Builders

The U.S. Supreme Court recently ruled that the federal Clean Water Act takes precedence over the Endangered Species Act when considering approval of development plans. The ruling is seen as a victory for developers.

1 minute read

June 26, 2007, 1:00 PM PDT

By Nate Berg


"The court ruled five to four in favor of the National Association of Home Builders in the case, in which environmentalists sought to have endangered species given significant consideration in decisions whether to allow developments to move forward. The majority held that clean water rules are more important when the U.S. Environmental Protection Agency is brought into such matters."

From the Associated Press:

"In the case, an environmental group challenged the EPA's decision to transfer to Arizona the authority to regulate pollutants emptied into rivers and other surface water sources. The group, Defenders of Wildlife, argued that the transfer violated the federal Endangered Species Act and would leave the state's rivers vulnerable to contaminants that could damage wildlife habitat."

"Justice Samuel Alito, writing for the conservative majority, said the endangered-species law takes a back seat to the clean-water law when it comes to the EPA handing authority to a state to issue water-pollution permits."

Tuesday, June 26, 2007 in The Business Journal of Phoenix

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

September 16, 2026 - Zachary Whalen

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

A coal power plant in Iowa billows smoke into the air.

Nation's most wind-powered state turns to coal as data centers increase energy demand

For the first time in decades, Iowa has increased its generation of coal power.

5 hours ago - Inside Climate News

A sign on a fence describing the rain garden behind it.

NYC cools commuters with city's first rain garden above a bus stop

New York City officials say the plants in the rain garden can absorb 16 gallons of rainwater during heavy storms.

6 hours ago - Gothamist

A map showing Brightline West's intended route from  Las Vegas to Rancho Cucamonga, California.

Brightline West’s future may rely on $6 billion federal loan

The company has until Nov. 2 to make a $400 million equity investment into its proposed high-speed rail line.

7 hours ago - Smart Cities Dive

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.