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 | Apr 2, 2021
Intl. Code Council’s new development system could be a brake on building decarbonization
Local governments lose influence on creating new energy efficiency rules.
Codes and Standards | Apr 1, 2021
Cuomo proposes strengthened NY building codes to boost efficiency
Would apply to appliance, equipment efficiency and reduce water use.
Codes and Standards | Mar 25, 2021
N.C.’s Outer Banks’ communities struggle for ways to keep the sea from overrunning them
Tax hikes for beach replenishment offer temporary solution.
Codes and Standards | Mar 24, 2021
Perkins&Will’s D.C. office pledges to eliminate embodied carbon in commercial interiors
Firm aims to reach goal on all designs by 2030.
Codes and Standards | Mar 23, 2021
The 15-minute city may not work in much of North America
Segregated neighborhoods and car-centric cities may not adapt to the European model.
Codes and Standards | Mar 22, 2021
Think tank offers plan for new approach to reduce neighborhood poverty
Strategy uses more targeted approach to invest in low-income areas.
Codes and Standards | Mar 19, 2021
California city bans construction of new gas stations
Existing stations will not be allowed to add more pumps.
Codes and Standards | Mar 18, 2021
Congressmen ask Biden to tackle rising lumber costs
Rising materials costs and supply shortages threaten economic recovery, housing starts.
Codes and Standards | Mar 16, 2021
Massachusetts bill would mandate rooftop solar on new homes, commercial buildings
Proposed Bay State mandate modeled on California’s.
Codes and Standards | Mar 15, 2021
Nevada may create areas for tech companies to form own governments
Legislation calls for ‘Innovation Zones’ that could become smart cities.