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

portrait of professional woman

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 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 Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

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

June 11, 2025 - Diana Ionescu

Rendering of Shirley Chisholm Village four-story housing development with person biking in front.

San Francisco's School District Spent $105M To Build Affordable Housing for Teachers — And That's Just the Beginning

SFUSD joins a growing list of school districts using their land holdings to address housing affordability challenges faced by their own employees.

June 8, 2025 - Fast Company

Yellow single-seat Japanese electric vehicle drivign down road.

The Tiny, Adorable $7,000 Car Turning Japan Onto EVs

The single seat Mibot charges from a regular plug as quickly as an iPad, and is about half the price of an average EV.

June 6, 2025 - PC Magazine

White Waymo autonomous car driving fast down city street with blurred background at night.

Seattle's Plan for Adopting Driverless Cars

Equity, safety, accessibility and affordability are front of mind as the city prepares for robotaxis and other autonomous vehicles.

June 16 - Smart Cities Dive

Two small wooden one-story homes in Florida with floodwaters at their doors.

As Trump Phases Out FEMA, Is It Time to Flee the Floodplains?

With less federal funding available for disaster relief efforts, the need to relocate at-risk communities is more urgent than ever.

June 16 - Governing

People riding bicycles on separated bike trail.

With Protected Lanes, 460% More People Commute by Bike

For those needing more ammo, more data proving what we already knew is here.

June 16 - UNM News