The U.S. Environmental Protection Agency announced on Jan. 31 that the 2015 Waters of the United States rule will not be applicable for two years.
The controversial Obama-era regulation may never be implemented as the agency said it will work to repeal and replace the measure. The 2015 rule defined which small waterways can be governed by federal regulations, which could increase the cost of development, critics say.
The agency is reviewing public comments for its 2017 proposal to rescind the rule, and is working with the Army Corps of Engineers to develop a potential replacement rule that would redefine “waters of the United States.” The rule has been slowed by legal challenges, with the U.S. Court of Appeals for the Sixth Circuit having issued a nationwide stay of the rule before the planned August 2015 implementation.
The Supreme Court determined last month that federal circuit courts do not have original jurisdiction to review the challenges, which should be adjudicated by district courts. The delay and the agency’s intent to repeal and replace the rule “provides much needed certainty and clarity to the regulated community during the ongoing regulatory process,” the EPA said in a press release.
Related Stories
Codes and Standards | Mar 28, 2018
Washington State moving to promote mass timber construction with legislation
Bill would require all 12-story or less public buildings to be built with mass timber.
Codes and Standards | Mar 27, 2018
Los Angeles appoints its first chief design officer
Responsibility for enhancing civic architecture and urban design.
Codes and Standards | Mar 26, 2018
National Roofing Contractors Assn., releases updates to its Roof Wind Designer app
Significant changes to online wind-load calculator.
Codes and Standards | Mar 22, 2018
Global construction waste to almost double by 2025
Concerns in Houston, Minnesota over environmental impacts.
Codes and Standards | Mar 21, 2018
Cape Town, South Africa’s dire water supply crisis raises concerns in the U.S.
Los Angeles, Salt Lake City, and Miami among cities at risk for water shortages.
Codes and Standards | Mar 20, 2018
Report shows how LEED certification supports net zero energy
Whole-building energy simulation, ASHRAE compliance requirement are key factors.
Codes and Standards | Mar 15, 2018
Energy efficiency measures contributing to flat demand for power
Utilities having difficulty adjusting to new business environment.
Codes and Standards | Mar 14, 2018
New parking lighting technology is paying off, Energy Dept. says
Newer products can cut energy costs by as much as 70%.
Codes and Standards | Mar 13, 2018
OSHA delays enforcement of beryllium exposure rule
The Occupational Safety and Health Administration (OSHA) voted to delay new beryllium exposure rules until May 11.
Codes and Standards | Mar 12, 2018
L.A. mayor proposes mandatory seismic retrofits for steel buildings, daycare centers, private schools
Los Angeles Mayor Eric Garcetti has proposed a seismic retrofit requirement for vulnerable steel buildings built before the 1994 Northridge earthquake.