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 | Aug 19, 2021
Massive infrastructure bill includes hundreds of millions for building energy efficiency
Funds allotted for updated code implementation, construction technology, K-12 efficiency programs.
Codes and Standards | Aug 18, 2021
Fannie Mae green bonds program could be greenwashing
Analysis shows significant number of green bond properties become less efficient.
Codes and Standards | Aug 17, 2021
Three Texas cities head list of most environmentally vulnerable
Hazard analysis includes natural disasters and government response categories.
Codes and Standards | Aug 16, 2021
Bill would reform New York’s public contracting process
Council on Public Contracting Reform to have contractor representation.
Codes and Standards | Aug 12, 2021
AGC pushes for more environmentally friendly construction
Contractor trade group supports government investment, tax incentives to reduce carbon footprints.
Codes and Standards | Aug 11, 2021
Decentralized approach to codes means emissions reduction responsibility falls on local officials
Efficiency advocates focusing more on local code amendments.
Codes and Standards | Aug 10, 2021
Dept. of Energy issues model energy code determinations for commercial, residential buildings
2021 IECC offers 9.4% site energy savings.
Digital Twin | Aug 9, 2021
Digital Twin Maturity white paper offers guidance on digital twin adoption
Provides lifecycle map and an approach for incorporating digital twins.
Codes and Standards | Aug 5, 2021
Contractors can be liable for building failures many years after project completion
Personal injury suits could be brought decades after substantial completion.
Codes and Standards | Aug 4, 2021
Mass timber is a natural choice for building recycling through deconstruction
Designing wood buildings to optimize recovery of materials for disassembly aids carbon sequestration.