![]() ![]() Section 4: General Subject: Supreme Court & Wetlands Msg# 1187655
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You'd think, but no. Take a look at the FDEP 404 program in Florida.
Investment landowners overwhelmingly have the most to lose after this ruling. Until clear guidance from state and federal jurisdictions are completed, most engineering firms are advising their clients to stay clear of questionable lands. For a project that may be entering the permitting stage for a year or longer, why build a power line here when you can do it 200 feet away with only a need for a endangered species and streams assessment? A lot can happen between today and the first shovel. |
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For reference, the above message is a reply to a message where: If another state views this as an opportunity to "weaken protections", won't that simplify the process in that state? In the case of a landowner looking at a wetland which was reasonably remediable 20 years ago but no longer is because of increased state restrictions, couldn't that be a good thing for the landowner, assuming it is adjacent rather than adjoining? In my view, those increased restrictions after the fact constitute a taking by government as defined under the Fifth Amendment. |
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