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
| Apr 26, 2012
Developers can use LEED wastewater credits to help gain approvals in environmentally sensitive locales
Those wanting to pursue development in heavily regulated and environmentally sensitive areas are benefiting by designing projects that qualify for LEED points, even if the project as a whole does not achieve certification.
| Apr 26, 2012
New York City Council moves to license elevator mechanics
New York’s City Council introduced a measure last week that would require the city’s 7,000 elevator mechanics to meet national standards and be licensed by the city.
| Apr 23, 2012
AAMA releases updated specification for anodized aluminum
AAMA 611-12 describes test procedures and requirements for high performance (Class I) and commercial (Class II) architectural quality aluminum oxide coatings applied to aluminum extrusions and panels for architectural products.
| Apr 19, 2012
Michigan legislature tackling controversial rules on electricians
A fight is brewing in the Michigan legislature over how many fully qualified electricians must be present during electrical work when apprentices also are on hand.
| Apr 19, 2012
Washington city may base building code on rising sea level due to global warming
Aberdeen may become the first city in Washington to base a building code on rising oceans and global warming.
| Apr 19, 2012
CSI webinar on energy codes and building envelopes
This seminar will review recent changes in energy codes, examples of building enclosure wall assemblies for code compliance, potential moisture management and durability challenges, and design tools to assess and minimize potential problems.
| Apr 19, 2012
Innovative plan for storm water in Philadelphia gets EPA’s OK
Philadelphia's $2 billion plan to manage its storm water with green methods including porous pavement, green roofs, and more trees, was officially approved last week by the U.S. Environmental Protection Agency.
| Apr 19, 2012
LEED 2012 to include new credit category for transit-oriented development
The updated LEED 2012 system will introduce a new credit category, “Location and Transportation,” to encourage development oriented around public transit and more walkable communities.
| Apr 17, 2012
FMI report examines federal construction trends
Given the rapid transformations occurring in the federal construction sector, FMI examines the key forces accelerating these changes, as well as their effect on the industry.
