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
| Mar 22, 2012
Symposium on water efficiency: How much more water can be saved?
The Third International Emerging Technology Symposium by IAPMO and the World Plumbing Council features a session on water efficiency.
| Mar 22, 2012
Broker doesn’t have to inform contractor that insurer went broke, California court rules
A California appellate court ruled that an insurance broker did not have a duty to inform a subcontractor that a project’s insurer had gone bankrupt.
| Mar 22, 2012
Public agencies shouldn’t negotiate project labor agreements, says AGC official
When a public agency rather than the contractor negotiates a PLA with unions, it interferes with the right of employers and workers to reach their own agreements on working conditions and benefits, says Steve Isenhart, president of the Associated General Contractors of Washington.
| Mar 22, 2012
Proposed rule would let crane operators get licenses without prior city experience
The Bloomberg administration is considering letting operators of giant tower cranes get their license without requiring that they first run cranes as apprentices in the city for three years.
| Mar 22, 2012
Bill would reintroduce “opt-out” provision in lead paint law
The Lead Exposure Reduction Amendments Act of 2012 (S2148) would restore the "Opt-Out" provision removed from the Environmental Protection Agency's Lead Renovate, Repair and Painting (LRRP) rule in April 2010.
| Mar 15, 2012
New Florida building code establishes flood and storm surge provisions
The new 2010 code establishes minimum design and construction requirements to protect buildings from wind, rain, floods, and storm surges.
| Mar 15, 2012
Illinois city rejects international code due to home sprinkler requirement
Macomb, Illinois aldermen voted to recommend that the city not adopt 2012 international building and residential code standards requiring the installation of overhead sprinkler systems in newly constructed one-family and two-family homes.
| Mar 15, 2012
Tenant advocates propose licensing landlords in New York City
With thousands of New York City rental units posing potential dangers to tenants, city advocates are proposing measures to make landlords improve building safety.
| Mar 15, 2012
Construction industry a big winner in federal small disadvantaged business procurement
Last year, only 5% of federal contract dollars went to small disadvantaged businesses. Construction and facilities support firms were the biggest beneficiaries.
