ARIZONA DAILY STAR: Weds., April 18, 2007

Court hears of homes vs. species

By Tony Davis

The U.S. Supreme Court heard arguments Tuesday over a complex legal case involving permitting of new homes that could lead to tougher requirements for new developments in Arizona to protect endangered species.

At issue in Tuesday's hearing is an effort by environmental groups to overturn a 2002 Environmental Protection Agency decision giving the power to Arizona to issue permits to protect rivers and washes from storm runoff generated by new developments.

An attorney for the Environmental Protection Agency, Edwin Kneedler, told the high court it was legally unnecessary for the agency to check with the wildlife service. No only that, he said, it would have been a waste of time as long as the state permit program met numerous other requirements under federal law. State officials and developers have argued that requiring endangered-species reviews for issuing these permits would be time-consuming and costly.

Since the state took over the program in December 2002, it has issued 313 permits for developments in the Sierra Vista area, said Courtland Coleman, Department of Environmental Quality spokesman. The state couldn't say how many individual homes were built in these projects. Silver submitted an affidavit to the court saying these permits represent 5,580 homes.

FULL STORY: http://www.azstarnet.com/allheadlines/178935