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 | Nov 23, 2020
GBCI turns over GRESB ownership to global investment firm
Organization assesses sustainability performance of real estate and infrastructure portfolios and assets.
Codes and Standards | Nov 23, 2020
New industrywide clay brick EPD launched
Contributes toward LEED v.4.0 and v.4.1 materials and resources requirements.
Codes and Standards | Nov 19, 2020
The ‘15-minute city’ could transform municipal planning
Concept aims for car-free living.
Codes and Standards | Nov 18, 2020
Commissioning study finds median energy savings of 3% to 16%
Berkeley Lab examines results of commissioning across building types.
Codes and Standards | Nov 17, 2020
Midtown Manhattan’s empty offices could be converted to affordable housing
Advocates envision idle offices re-zoned to alleviate housing crisis.
Codes and Standards | Nov 16, 2020
New concrete detailing manual includes downloadable CAD files
American Concrete Institute document contains guidance on codes for structural concrete.
Codes and Standards | Nov 12, 2020
California rent control measure defeated
Golden State voters reject Proposition 21.
Codes and Standards | Nov 11, 2020
NY court ruling makes it easier for condo boards to sue investors for construction defects
Investors would be tapped for damages on such cases.
Codes and Standards | Nov 10, 2020
Researchers and industry leaders will form national institute for AI in construction
Goal is to identify high-impact areas for application in design and construction.
Codes and Standards | Nov 6, 2020
Jobsite injuries in New York City decline 20% since 2017
Safety training cited as a cause of improvement.