Property Rights

Universal Welding, Inc. v. U.S. Army Corps of Engineers

Regulatory creep: asserting jurisdiction over the land next door

The Clean Water Act gives the Army Corps of Engineers jurisdiction over wetlands, including wetlands that are adjacent to other jurisdictional waters such as navigable rivers or lakes. The law does not give the Corps jurisdiction over wetlands that are adjacent to other wetlands. Universal Welding is a family-owned steel and pipe fabrication business based in North Pole, Alaska. When it sought to expand its operations on a neighboring parcel that contains some isolated wetlands, the Corps stepped in and demanded multiple onerous conditions and a $70,000 “mitigation fee” to be paid to The Conservation Fund. Universal Welding is challenging the Corps’ ability to impose any conditions because it lacks jurisdiction over this parcel, which is not adjacent to any navigable waters, but only to other wetlands.

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