Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.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
Legislation | Mar 16, 2022
Weak federal commercial real estate rules will hamper seizing Russian assets
Lax disclosure regulations that have made the U.S. a global hot spot for money laundering via real estate holdings will make it difficult for officials to seize properties from Russian oligarchs.
Codes and Standards | Mar 15, 2022
First company awarded Fitwel Certification in Senior Housing for Occupant Health & Wellness
The Springs at Greer Gardens in Eugene, Ore., is the first property to earn a Fitwel global health certification under the newly created senior housing scorecard.
Codes and Standards | Mar 10, 2022
HOK offers guidance for reducing operational and embodied carbon in labs
Global design firm HOK has released research providing lab owners and developers guidance for reducing operational and embodied carbon to meet net zero goals.
Codes and Standards | Mar 7, 2022
Late payments in the construction industry rose in 2021
Last year was a tough one for contractors when it comes to getting paid on time.
Codes and Standards | Mar 7, 2022
Massachusetts proposed energy code changes don’t ban gas
Proposed changes to the Massachusetts energy code would provide incentives for builders to fully electrify buildings, but not impose a ban on natural gas hookups.
Codes and Standards | Mar 4, 2022
Construction industry faces a 650,000 worker shortfall in 2022
The U.S. construction industry must hire an additional 650,000 workers in 2022 to meet the expected demand for labor, according to a model developed by Associated Builders and Contractors.
Codes and Standards | Mar 4, 2022
FAA offers $1 billion in grants for airport terminal and tower projects
The Federal Aviation Administration (FAA) is now accepting applications for about $1 billion in grants for airport projects during fiscal year 2022.
Codes and Standards | Mar 1, 2022
Engineering Business Sentiment study finds optimism despite growing economic concerns
The ACEC Research Institute found widespread optimism among engineering firm executives in its second quarterly Engineering Business Sentiment study.
Codes and Standards | Feb 28, 2022
Low-cost concrete alternative absorbs CO2
Researchers at Worcester Polytechnic Institute have developed a new CO2-absorbing material that’s a low-cost alternative to concrete.
Multifamily Housing | Feb 25, 2022
First set of multifamily properties achieve BREEAM certification in the U.S.
WashREIT says it has achieved certification on eight multifamily assets under BREEAM’s In-Use certification standard.
