Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.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 | Jun 2, 2021
Dept. of Energy releases EnergyPlus and OpenStudio updates
New features include Python Plugin features and additional tabular reporting options.
Codes and Standards | Jun 1, 2021
Federal plan to double Canadian lumber tariffs draws intense criticism
Builders advised to stock up to deal with shortages.
Codes and Standards | Jun 1, 2021
Passive House standards proving their worth in multifamily sector
Energy performance beats conventionally built by 32% to 58%.
Codes and Standards | May 27, 2021
Pittsburgh combats construction fraud
Crackdown on tax, insurance, and workers’ comp malfeasance.
Codes and Standards | May 26, 2021
Proposal to add photovoltaic panels to the R2 Standard for electronics recycling
Hundreds of facilities in 33 countries could begin recycling PVs.
Codes and Standards | May 25, 2021
International Energy Agency lays out roadmap to net zero
Focus is on energy generation, but building efficiency also plays a role.
Codes and Standards | May 24, 2021
Biden Administration will make new investments in building energy efficiency
Focus on grid-interactive buildings; Energy Star expansion; new targets for energy, water reduction.
Codes and Standards | May 20, 2021
Solar panel trade group issues guidelines to rid use of components built with forced labor
Growing concern that PV industry is dependent on work camps in China.
Codes and Standards | May 19, 2021
Smart electric panels can aid transition to renewable energy
Allow customers better control of circuits; utilities can better manage demand.
Codes and Standards | May 18, 2021
Cross-laminated timber performs better than expected in shear test
Tests conducted in support of new criteria for design of CLT diaphragm.
