Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.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 | Dec 10, 2019
Utilities rolling out more grid-interactive efficient building programs
Focus is on energy savings and demand flexibility.
Codes and Standards | Dec 9, 2019
Canada’s Zero Carbon Building Standard reports first 10 certifications
Projects include new and existing offices, schools, and warehouses.
Codes and Standards | Dec 6, 2019
New research examines flood mitigation policies in the U.S.
Thirteen states or cities have adopted effective measures; some restricting development in vulnerable areas.
Codes and Standards | Dec 5, 2019
USGBC unveils vision for LEED Positive
Roadmap will lay foundation for a future LEED that is regenerative.
Codes and Standards | Dec 5, 2019
Report shows reducing embodied carbon can save money and help mitigate climate change
Embodied carbon now accounts for 11% of global greenhouse gas emissions.
Codes and Standards | Dec 5, 2019
Dubai, London and New York are 2019’s ‘Construction Mega Cities’
From 2007 to 2025, GlobalData expects the cities’ combined gross domestic product (GDP) to increase by more than US$8 trillion to US$20.4 trillion.
Codes and Standards | Dec 2, 2019
New GBCI certification recognizes expertise in sustainability
Provides third-party verification of competency to ‘making the world more economically, socially, and environmentally sustainable.’
Codes and Standards | Dec 2, 2019
New tool allows users to learn how to reduce embodied carbon
Calculator delivers first digitized EPDs.
Codes and Standards | Dec 2, 2019
Trade group challenges St. Petersburg, Fla., ordinance on construction contract mandates
Legality of requirement to hire apprentices, disadvantaged workers at issue.
Building Owners | Dec 2, 2019
What building owners and AEC teams need to know about New York’s Climate Mobilization Act
On April 18, 2019, the New York City Council passed the Climate Mobilization Act, a suite of laws aimed to meet the city’s commitment to achieving carbon neutrality by 2050.