Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.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 | Oct 7, 2019
Tailgating remains a critical building security threat, say security professionals
Few buildings provide beefed up provisions to counteract threat.
Codes and Standards | Oct 7, 2019
New seismic standard to evaluate, retrofit existing structural steel buildings open for review
AISC seeks input through Nov. 4.
Codes and Standards | Sep 27, 2019
Open source tool allows comparison of embodied carbon emissions from construction materials
Enables carbon-smart choices during material specification and procurement.
Codes and Standards | Sep 27, 2019
AIA declaration: Climate change requires ‘holistic approach’
Must address interdependencies among people, buildings, infrastructure, and the environment.
Codes and Standards | Sep 26, 2019
San Jose’s new building energy code is the most stringent among large cities
New regulations aim to make zero-emission electric buildings the norm.
Codes and Standards | Sep 26, 2019
Building support for climate action depends on linking it to health, economic benefits
USGBC report finds most people don’t think environmental problems significant enough to prioritize action.
Codes and Standards | Sep 20, 2019
OSHA has a new chief for its construction directorate
Former Army medical staffer Scott Ketcham has extensive OSHA experience.
Codes and Standards | Sep 20, 2019
American Wood Council updates free Connection Calculator
Tool includes cross-laminated timber connection provisions and post-frame ring shank nails.
Codes and Standards | Sep 19, 2019
Virtual reconnaissance of Bahamas finds some structures performed well during Dorian
Amid devastation, lives likely saved by resilient buildings.
Codes and Standards | Sep 19, 2019
Obama-era Waters of the U.S. rule revoked
New rule expected to define protected waterways more narrowly.