Key facts
- Willard Land is suing the U.S. Army Corps of Engineers over its claim of Clean Water Act jurisdiction.
- The developer wants to build 265 homes on a 142-acre parcel near Willard, Utah.
- The Army Corps of Engineers determined an irrigation ditch and adjacent wetland are federally regulated.
- Willard Land argues the ditch's connection to the Great Salt Lake is not substantial enough to warrant federal regulation.
- The developer is relying on a 2023 Supreme Court ruling that narrowed the definition of 'waters of the United States'.
A legal battle over an irrigation ditch and a small wetland near Willard, Utah, is jeopardizing a planned 265-home housing development. Willard Land, the developer, has sued the U.S. Army Corps of Engineers, challenging the agency's assertion of Clean Water Act jurisdiction over the features. The Corps contends the ditch connects to the Great Salt Lake, thus falling under federal protection, a claim the developer disputes.
Willard Land argues that the connection is too tenuous and relies on a 2023 Supreme Court ruling that narrowed the definition of 'waters of the United States.' Charles Yates, an attorney with Pacific Legal Foundation representing the developer, stated that federal agencies cannot expand their authority beyond congressional limits.
This case highlights the conflict between environmental regulations and housing development economics. Developers argue that jurisdictional uncertainty and lengthy permitting processes can halt projects, leading to unbuilt homes and increased costs, particularly in areas like Utah facing housing shortages.
A similar dispute is unfolding in Mississippi, where Ward Gulfport Properties is challenging the Corps' jurisdiction over wetlands connected to a neighboring creek. That case also hinges on the interpretation of federal water protections following the Supreme Court's 2023 ruling.
In the Utah lawsuit, the Corps issued a ruling in April 2025 finding the ditch and adjacent wetland to be federally regulated. This requires Willard Land to obtain a Clean Water Act permit, a process that can take years and cost hundreds of thousands of dollars. The company views the Corps' withdrawal of a subsequent permit application as an effective denial. Willard Land has already invested substantial funds into the project, including well drilling and environmental studies.