Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.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 | Sep 30, 2021
U.S. has a deficit of 5 million homes
Builders unable to keep pace with demand.
Codes and Standards | Sep 29, 2021
Mass Timber group study will compare structural round timber to glulam products and steel
Will compare costs, capabilities, and carbon impacts of structural materials.
Codes and Standards | Sep 28, 2021
Massachusetts creates Commission on Clean Heat
First-of-its kind body to set targets for buildings to reduce emissions from heating fuels.
Codes and Standards | Sep 27, 2021
Commercial real estate industry faces SEC climate disclosure regulations
Risks associated with climate change would have to be revealed.
Codes and Standards | Sep 22, 2021
Group proposes Carbon Use Intensity metric for new buildings
Plan would track embedded carbon on projects.
Codes and Standards | Sep 22, 2021
Illinois’s sweeping climate bill includes statewide stretch code, building electrification measures
Aims for zero-emissions power sector by 2045.
Codes and Standards | Sep 22, 2021
Cities need to step up flood mitigation efforts to save lives
Recent storms highlight climate change dangers.
Codes and Standards | Sep 21, 2021
Steps to improve ventilation for Covid can combat colds and flu
New look at airborne disease spread shows time viruses linger in air may have been underestimated.
Codes and Standards | Sep 15, 2021
USGBC will change leaders, conduct strategic review
Aims to ensure organization is ‘well positioned to scale its work in the post-pandemic world’.
Codes and Standards | Sep 15, 2021
LEED-certified offices earn higher rents than non-sustainable properties
Are also more resilient to dips in real estate market.