Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.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 11, 2017
OSHA prompts more proactive approach to construction site safety
Remote operated camera systems are being used to mitigate risk in real time.
Codes and Standards | Jan 10, 2017
Plunging solar power costs making PVs more compelling for owners, developers
Technical and manufacturing advances are driving down prices.
Codes and Standards | Jan 9, 2017
Boston’s plans for new development at odds with flood projections
One plan calls for building in areas predicted to be flooded during high tides as sea levels rise.
Codes and Standards | Jan 9, 2017
New LEED for Cities, LEED for Communities pilot certifications unveiled
Requires tracking of performance data and progress toward goals.
Codes and Standards | Jan 9, 2017
China claims top ranking outside of U.S. for total LEED-certified space
Canada, India, Brazil, and Korea round out top 5.
Codes and Standards | Jan 6, 2017
OSHA prompts more proactive approach to construction site safety
Remote operated camera systems are being used to mitigate risk in real time.
Codes and Standards | Jan 5, 2017
2018 building energy code upholds efficiency gains
Efforts to scale back efficiency requirements largely defeated.
Codes and Standards | Jan 4, 2017
Low-income housing doesn’t lower neighborhood housing values
A Trulia study contradicts longstanding fears.
Codes and Standards | Jan 3, 2017
Intelligent transportation systems have implications for designers, construction firms
Sensors and Internet of Things devices will have to be embedded in infrastructure.
Codes and Standards | Dec 15, 2016
OSHA releases safety recommendation guide for construction industry
It is said to be most helpful to small and mid-sized contractors.