Richard Leland authored a New York Law Journal article titled, “Waters of the United States Rule: Posturing and Litigation Continue, But the Substance Has Yet to Be Addressed,” outlining what many deem one of the most controversial and prolonged disputes affecting the real estate sector, among others.

Leland wrote, “When it comes to legal definitions, only a few have been as controversial for the real estate sector as what constitutes ‘the waters of the United States.’ 33 U.S.C. 1362(7). Also known by the now-infamous acronym ‘WOTUS,’ challenges to the regulatory framework behind it have created one of the most protracted regulatory battles on record — all the while leaving the fate of those seeking real estate permits in a state of great ambiguity where each situation requires a case-by-case assessment as opposed to adherence to a set of standard rules.”