Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.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
Seismic Design | Nov 16, 2022
SPC-4D: 7 reasons California hospital building owners should act now to meet seismic compliance
Seismic compliance with the applicable California building codes is onerous and disruptive for building owners, especially for a building in the heavily regulated sector of healthcare. Owners of older buildings that house acute care services have a big deadline on the horizon—Jan. 1, 2030, the cutoff date to upgrade their buildings to SPC-4D.
Green | Nov 13, 2022
USGBC updates LEED v4 to better address greenhouse gas emissions and climate change
The U.S. Green Building Council (USGBC) will update the LEED v4 green building certification program to “more directly address greenhouse gas emissions and climate change” according to a USGBC news release.
Green | Nov 13, 2022
NREL report: Using photovoltaic modules with longer lifetimes is a better option than recycling
A new report from the U.S. National Renewable Energy Laboratory (NREL) says PV module lifetime extensions should be prioritized over closed-loop recycling to reduce demand for new materials.
Green | Nov 13, 2022
Global building emissions reached record levels in 2021
Carbon-dioxide emissions from building construction and operations hit an all-time high in 2021, according to the most recent data compiled by the Global Alliance for Buildings and Construction.
Legislation | Nov 13, 2022
U.S. voters pass numerous affordable housing measures
Voters in many U.S. jurisdictions passed housing measures Nov. 8 that will collectively set aside billions of dollars in new funding to create more affordable housing and provide protections for renters.
Industry Research | Nov 8, 2022
U.S. metros take the lead in decarbonizing their built environments
A new JLL report evaluates the goals and actions of 18 cities.
Resiliency | Nov 8, 2022
Oregon wildfire risk law prompts extensive backlash from property owners
A bipartisan bill aimed at protecting property owners from wildfires that was passed by the Oregon legislature has prompted a strong backlash.
Green | Nov 8, 2022
USGBC and IWBI will develop dual certification pathways for LEED and WELL
The U.S. Green Building Council (USGBC) and the International WELL Building Institute (IWBI) will expand their strategic partnership to develop dual certification pathways for LEED and WELL.
Sponsored | Steel Buildings | Nov 7, 2022
Steel structures offer faster path to climate benefits
Faster delivery of buildings isn’t always associated with sustainability benefits or long-term value, but things are changing. An instructive case is in the development of steel structures that not only allow speedier erection times, but also can reduce embodied carbon and create durable, highly resilient building approaches.
Building Team | Nov 7, 2022
U.S. commercial buildings decreased energy use intensity from 2012 to 2018
The recently released 2018 Commercial Buildings Energy Consumption Survey (CBECS) by the U.S. Energy Information Administration found that the total floorspace in commercial buildings has increased but energy consumption has not, compared with the last survey analyzing the landscape in 2012.
