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 | Jan 9, 2017
Boston’s plans for new development at odds with flood projections
One plan calls for building in areas predicted to be flooded during high tides as sea levels rise.
Codes and Standards | Jan 9, 2017
New LEED for Cities, LEED for Communities pilot certifications unveiled
Requires tracking of performance data and progress toward goals.
Codes and Standards | Jan 9, 2017
China claims top ranking outside of U.S. for total LEED-certified space
Canada, India, Brazil, and Korea round out top 5.
Codes and Standards | Jan 6, 2017
OSHA prompts more proactive approach to construction site safety
Remote operated camera systems are being used to mitigate risk in real time.
Codes and Standards | Jan 5, 2017
2018 building energy code upholds efficiency gains
Efforts to scale back efficiency requirements largely defeated.
Codes and Standards | Jan 4, 2017
Low-income housing doesn’t lower neighborhood housing values
A Trulia study contradicts longstanding fears.
Codes and Standards | Jan 3, 2017
Intelligent transportation systems have implications for designers, construction firms
Sensors and Internet of Things devices will have to be embedded in infrastructure.
Codes and Standards | Dec 15, 2016
OSHA releases safety recommendation guide for construction industry
It is said to be most helpful to small and mid-sized contractors.
Codes and Standards | Dec 14, 2016
Cities must invest $375 billion to avoid catastrophic global climate change
C40 Cities Climate Leadership Group advocates low carbon infrastructure.
Codes and Standards | Dec 14, 2016
Resilient construction techniques pay for themselves over lifetime of buildings
Spending $340,000 for resiliency would pay for itself over the lifetime of a $10 million structure.
