Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.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
| May 31, 2012
ANSI approves Green Building Initiative’s design standard
The Green Building Initiative (GBI), a Portland, Ore. nonprofit organization, has had its new consensus-based standard for the design, construction, and operations of environmentally friendly buildings approved by the American National Standards Institute (ANSI).
| May 31, 2012
USGBC testing Minnesota buildings to see if they are living up to LEED standards
The Minnesota chapter of the U.S. Green Building Council (USGBC) has teamed up with EnergyPrint, a St. Paul, Minn. energy consulting firm, to study the energy and water use of more than 150 buildings in the state that have LEED certification.
| May 29, 2012
Reconstruction Awards Entry Information
Download a PDF of the Entry Information at the bottom of this page.
| May 25, 2012
Major retail chains welcome LEED Volume option
Large national chains such as Starbucks, Marriott, Verizon, and Kohl’s are welcoming the LEED Volume Program that enables them to batch certify similar projects.
| May 25, 2012
Alaska’s okay of gravel aggregate with naturally occurring asbestos opens up development
Some long-delayed projects in the Upper Kobuk region of Alaska may now move forward thanks to legislation that allows construction in areas that have naturally occurring asbestos.
| May 25, 2012
Las Vegas building codes may thwart innovative shipping container development
A developer wants to build a commercial development out of steel shipping containers in Las Vegas, but city codes would have to be altered or the project would have to obtain waivers for it to receive the city’s go-ahead.
| May 25, 2012
Collapse of Brooklyn building that killed worker blamed on improperly braced frame
The Occupational Safety and Health Administration cited SP&K Construction with 11 safety violations, for which it could face more than $77,000 in fines.
| May 25, 2012
Study: Safety inspections don’t hurt the bottom line
A new study suggests that random safety inspections by regulators help reduce injury claims without hurting profits.
| May 24, 2012
2012 Reconstruction Awards Entry Form
Download a PDF of the Entry Form at the bottom of this page.