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
Legislation | Mar 16, 2022
Weak federal commercial real estate rules will hamper seizing Russian assets
Lax disclosure regulations that have made the U.S. a global hot spot for money laundering via real estate holdings will make it difficult for officials to seize properties from Russian oligarchs.
Codes and Standards | Mar 15, 2022
First company awarded Fitwel Certification in Senior Housing for Occupant Health & Wellness
The Springs at Greer Gardens in Eugene, Ore., is the first property to earn a Fitwel global health certification under the newly created senior housing scorecard.
Codes and Standards | Mar 10, 2022
HOK offers guidance for reducing operational and embodied carbon in labs
Global design firm HOK has released research providing lab owners and developers guidance for reducing operational and embodied carbon to meet net zero goals.
Codes and Standards | Mar 7, 2022
Late payments in the construction industry rose in 2021
Last year was a tough one for contractors when it comes to getting paid on time.
Codes and Standards | Mar 7, 2022
Massachusetts proposed energy code changes don’t ban gas
Proposed changes to the Massachusetts energy code would provide incentives for builders to fully electrify buildings, but not impose a ban on natural gas hookups.
Codes and Standards | Mar 4, 2022
Construction industry faces a 650,000 worker shortfall in 2022
The U.S. construction industry must hire an additional 650,000 workers in 2022 to meet the expected demand for labor, according to a model developed by Associated Builders and Contractors.
Codes and Standards | Mar 4, 2022
FAA offers $1 billion in grants for airport terminal and tower projects
The Federal Aviation Administration (FAA) is now accepting applications for about $1 billion in grants for airport projects during fiscal year 2022.
Codes and Standards | Mar 1, 2022
Engineering Business Sentiment study finds optimism despite growing economic concerns
The ACEC Research Institute found widespread optimism among engineering firm executives in its second quarterly Engineering Business Sentiment study.
Codes and Standards | Feb 28, 2022
Low-cost concrete alternative absorbs CO2
Researchers at Worcester Polytechnic Institute have developed a new CO2-absorbing material that’s a low-cost alternative to concrete.
Multifamily Housing | Feb 25, 2022
First set of multifamily properties achieve BREEAM certification in the U.S.
WashREIT says it has achieved certification on eight multifamily assets under BREEAM’s In-Use certification standard.