Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.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 | Oct 16, 2015
Appellate court enacts nationwide stay on controversial expansion of Clean Water Act
New EPA rule suspended until court cases settled.
Codes and Standards | Oct 9, 2015
New California law means commercial building benchmarking program will be implemented
Multifamily housing to be included, a first for a U.S. state.
Codes and Standards | Oct 2, 2015
New ASHRAE guideline for commissioning existing systems and assemblies
Focuses on optimum facility and system operation.
Codes and Standards | Sep 18, 2015
New RELi standard addresses disaster resilience
Based on LEED model, may help lower insurance rates
Building Materials | Aug 28, 2015
Structural steel buildings specification available for second public review
Next year's specification open for comments until Sept. 21
Energy Efficiency | Aug 28, 2015
North American Passive House Network e-book explains Passivhaus, net-zero techniques
Free guide includes spotlight on individual projects
Windows and Doors | Aug 28, 2015
Newly formed group challenges Florida building code
Window, door companies oppose provisions that raise costs
Codes and Standards | Aug 28, 2015
New Orleans becoming a model for climate resilience only 10 years after Katrina
The city has moved ahead with resilience strategies that may become a model for other communities
Codes and Standards | Aug 21, 2015
Illinois governor vetoes bill that would restrict condo owners’ rights
Bill would have made it harder to sue for building flaws
Codes and Standards | Aug 21, 2015
Post-Katrina roofing codes creating more resilient buildings on Gulf Coast
Ten years after storm, notable progress on stronger roofs, IBHS says
