Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.
A Trump executive order includes a paragraph that could trigger sweeping changes in the way wetlands will be regulated at the federal level, a California attorney told GlobeSt. Federal agencies are supposed to now interpret the phrase “navigable waters” consistent with the dictionary definition that are “relatively permanent, standing, or continuously flowing bodies of water.”
Compared to prior iterations of the wetland regulations, this view reflects a significant restraint on federal wetlands permitting authority. The new interpretation is likely to lead to more litigation over what constitutes “wetlands” in the federal regulatory scheme.
Even if the Trump Administration successfully redefines the scope of federal wetlands permitting authority, it’s likely that some states would move to reinstate tougher wetlands regulations. California, for instance, would be expected to implement new wetland regulations will create a permitting mechanism very similar to the previous federal regime.
Related Stories
Codes and Standards | Jan 17, 2018
Green Building Initiative acquires global rights to Green Globes from JLL
Transaction allows GBI to expand operations to Canada and elsewhere.
Codes and Standards | Jan 16, 2018
Engage code officials early for better building performance, predictable enforcement expectations
White paper says code officials should be collaborators and facilitators.
Codes and Standards | Jan 12, 2018
Arlington County, Va., earns first LEED for Communities Platinum Certification
Honor recognizes efforts to reduce greenhouse gas emissions, manage stormwater.
Codes and Standards | Jan 11, 2018
TRUE Zero Waste provides roadmap to divert waste away from landfills
USGBC program signs on more than 130 companies or facilities for certification.
Codes and Standards | Jan 10, 2018
Sliding-scale proposal for civil damages resulting from construction fatalities, injuries draws ire of trades
New York City Council proposal puts limits on penalties for safety violations leading to death, serious injury.
Codes and Standards | Jan 9, 2018
Federal appeals court orders EPA to revise lead standard within a year
Current exposure levels for lead in paint and dust have been in place for 17 years.
Codes and Standards | Jan 5, 2018
Building code officials should vet building product evaluation methods
Evaluation service providers should be properly accredited.
Codes and Standards | Jan 4, 2018
U.S. military needs to do more to address climate change risk for facility design
GAO report cites hundreds of overseas facilities in peril.
Codes and Standards | Jan 3, 2018
China Construction America faces billions of dollars in liability in lawsuit
Court filing alleges massive fraud and breaches of contract in Baha Mar Resort Project.
Codes and Standards | Jan 2, 2018
Smart building tech can reap utility savings of 8% to 18% in commercial buildings
Potential for increased deployment of smart building technology is great beyond early adopters.