Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.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 | Nov 3, 2021
Fact sheets offer strategies to improve indoor air quality in schools
Center for Green Schools at USGBC document for people without a technical background.
Codes and Standards | Nov 2, 2021
Rapid acceleration of affordable housing development expected over next five years
Federal government programs will spur construction.
Codes and Standards | Nov 1, 2021
New bird-friendly technical design guide released
National Glass Assn. document offers design and installation best practices for glazing.
Codes and Standards | Nov 1, 2021
World’s first chief heat officer tackles how to protect Miamians from extreme heat
Focus on chronic exposure for outdoor workers and for those that can’t afford AC.
Codes and Standards | Oct 28, 2021
Design competition launched to show role of mass timber in decarbonization
Forest Service and Softwood Lumber Board will award $2 million in grants to winning teams.
Codes and Standards | Oct 27, 2021
Texas reforms series of contractor laws
Measures seen as making it easier to do business in the state.
Codes and Standards | Oct 26, 2021
Drownings during Hurricane Ida point out FEMA flood map flaws
Eleven people drowned in New York City in areas marked as low risk.
Codes and Standards | Oct 26, 2021
Dept. of Energy’s REScheck tool updated for the 2021 International Energy Conservation Code
Previous version incorporated 2018 code.
Codes and Standards | Oct 20, 2021
New York City passes overhaul of construction codes
Over 600 major changes along with thousands of smaller updates slated for 2022.
Codes and Standards | Oct 20, 2021
One-quarter of U.S. critical infrastructure at risk of failure due to flooding
Police and fire stations, hospitals, airports, and wastewater treatment facilities face threat.