Big changes may be coming to federal wetlands regulations after the Trump Administration rescinded the Obama-era Clean Water Rule.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 | Mar 21, 2019
New York City contractors adding 5% to 10% to construction costs due to trade war
Tariffs on steel, aluminum, and other materials swell budgets.
Codes and Standards | Mar 20, 2019
Codes organizations to develop new guidelines on shipping containers as building components
Intl. Code Council and Modular Building Institute combine forces.
Codes and Standards | Mar 19, 2019
Plan for transformation of Lower Manhattan streetscapes unveiled
Pedestrian-friendly “Slow Streets” pilot starts on Earth Day 2019.
Codes and Standards | Mar 15, 2019
Newly developed building materials could have big impact on sustainability
Transparent wood, self-cooling walls, bricks that filter air pollutants among the technological breakthroughs.
Codes and Standards | Mar 14, 2019
U.S. and Canada differ on how to evaluate field performance of windows, curtain walls
Variations include laboratory test method for determining rate of air leakage.
Codes and Standards | Mar 13, 2019
Climate change can’t be stabilized without addressing urban sprawl
Even if power goes green, transportation will still be a major emissions source.
Codes and Standards | Mar 12, 2019
Virginia county hones new rainwater harvesting standard
Developer prompts new rules to use rainwater for heating and air conditioning.
Codes and Standards | Mar 8, 2019
Portland delays requirement for posted warnings on unreinforced brick and stone buildings
Regulation would mandate signs warning that buildings could be unsafe during earthquakes.
Codes and Standards | Mar 7, 2019
California will allow flame retardant-free building insulation
State also repeals business furniture flammability standard.
Codes and Standards | Mar 6, 2019
Sixty six construction companies cited for wage theft violations in Massachusetts
Penalties total $2.7 million.