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 | Dec 8, 2021
Proposals to add more multifamily to Atlanta prompt drive for Buckhead to secede
City aims to increase housing as projections point to sharp population increase.
Codes and Standards | Dec 7, 2021
Design problems now the primary cause of construction claims and disputes
More likely to occur due to more tight timescales imposed upon third parties engaged in design.
Codes and Standards | Dec 5, 2021
New standard for Phase I environmental reports requires more research work on many sites
Update affects around 250,000 commercial real estate transactions a year.
Codes and Standards | Nov 30, 2021
Dept. of Energy publishes RFP for technical assistance on supporting better building codes
Addresses advanced standards to reduce energy consumption and GHG emissions.
Codes and Standards | Nov 29, 2021
Ithaca, N.Y., votes to electrify, decarbonize all its buildings
First initiative of its kind in U.S.
Codes and Standards | Nov 29, 2021
FAA seeking design of air traffic control towers of the future
Call for design submissions for safe, efficient structures.
Codes and Standards | Nov 28, 2021
Efficient electric water heaters in multifamily buildings significantly reduce carbon emissions
In buildings with 5+ units, water heating uses more energy than space heating, cooling, or lighting.
Codes and Standards | Nov 23, 2021
New York’s Labor Law Section 240 and how it affects general contractors
The ‘Scaffold Law’ was first enacted by the New York State Legislature in 1885 and is one of the single most-used laws in construction accident cases.
Codes and Standards | Nov 22, 2021
ABC’s Construction Technology Report finds focus on solving operational problems
More than half rely on project management software.
Codes and Standards | Nov 22, 2021
Contractors say 811 utility location system has significant flaws
More than half of firms in survey report damages, near misses because lines were unmarked or marked incorrectly.