GANNETT NEWS SERVICE/TUCSON CITIZEN: Tues., April 17, 2007
Court hears endangered species cases that could slow Az building
MIKE MADDEN
WASHINGTON - The Supreme Court will hear arguments today in a pair of Arizona cases that could lead to tougher requirements for how federal agencies weigh the environmental effects of their policies.
The specific issue before justices is whether the Environmental Protection Agency should have consulted more closely with U.S. Fish & Wildlife Service officials when it gave Arizona's Department of Environmental Quality the power to issue permits for a housing development in the state's southern desert.
Depending on how the court rules, the outcome could resonate far outside Arizona.
The federal government says complying with endangered species laws before entering into agreements with states would be impossible. Housing developers say if they lose, it could mean construction delays of up to six months on new projects, and raise the cost of a new house by $5,000 to $10,000.
Under the federal Clean Water Act, the EPA has the power to delegate permitting authority to state agencies such as the Arizona environmental agency, and 45 states have started their own programs where they issue permits for water discharge.
Developers, who are siding with the government in court, say they would have a harder time dealing with the requirements of the Clean Water Act if federal officials had to handle permits.
"There's more bureaucracy at the federal level than there is at the state level - it would increase our permit times significantly," says Ed Taczanowsky, president of the southern Arizona builders association.
The lawsuit "is basically a way to stop growth in an area that sorely needs housing," he argues.
FULL STORY: http://www.tucsoncitizen.com/daily/local/48461.php