Utah homebuilder asks federal court to rein in agency power grab
August 11, 2026
Salt Lake City, Utah; August 11, 2026: Today, a Utah homebuilder filed a lawsuit challenging a federal agency’s permit demand, arguing that it is based on an assertion of power Congress never granted. In a lawsuit filed through his business, Willard Land LLC, Lew Swain argues that the U.S. Army Corps of Engineers exceeded its authority to regulate “navigable waters” when it claimed power over a small irrigation ditch on his property.
“The Clean Water Act gives the Army Corps of Engineers limited authority to regulate navigable waters — not total control over every drainage ditch and damp parcel of land in the country,” said Charles Yates, an attorney with Pacific Legal Foundation. “Federal agencies cannot expand their authority beyond the limits Congress set and the Supreme Court has enforced. When the Courts and Congress draw a line, lower courts and agencies must follow it.”
Swain planned to build about 265 single-family homes on a 142-acre property in Box Elder County, an area north of Salt Lake City. The Army Corps claimed power over a small irrigation ditch on the property, even though the Clean Water Act limits the agency’s authority to the regulation of “navigable waters” — a technical legislative term referring to bodies of water that can be used as highways for interstate or international commerce. The agency’s power grab forced Swain to apply for a costly federal permit before he could begin construction. The agency then denied his application after years of delay.
Represented at no cost by Pacific Legal Foundation, Swain sued to challenge the agency’s abuse of power. The lawsuit asks the court to affirm that the Army Corps’ power is limited to what Congress granted, not whatever the agency wishes to assert. A victory in the case would build on Pacific Legal Foundation’s past success in Sackett v. Environmental Protection Agency, strengthening protections for property owners’ rights against illegitimate power grabs by government agencies.
Pacific Legal Foundation represents Swain free of charge. The case is Willard Land, LLC v. U.S. Army Corps of Engineers.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 21 cases litigated at the U.S. Supreme Court.