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 | Sep 29, 2020
New drinking water standard criteria further restricts lead leaching in plumbing products
Tightened standard applies to endpoint devices that dispense drinking water, and other plumbing components
Codes and Standards | Sep 29, 2020
Groups sue CDC over eviction moratorium
Natl. Apartment Assn. and New Civil Liberties Alliance want hearing by October.
Codes and Standards | Sep 24, 2020
Benefits of building enclosure commissioning include reduced costs
Savings achieved in less rework and fewer and shorter punch lists.
Codes and Standards | Sep 23, 2020
Intl. Code Council aims to stay ahead of new tech, efficiency trends, and resiliency
Passive survivability, social resiliency, and community health among the goals.
Codes and Standards | Sep 22, 2020
Air cleaners, chemical and UV treatments among tools to safeguard indoor air amid pandemic
Strategies augment social distancing, increased air flow to combat COVID-19 spread.
Codes and Standards | Sep 21, 2020
No ease of lumber price spikes in sight
Wildfires strike Northwest timber industry in wake of Covid-19 shutdowns.
Codes and Standards | Sep 17, 2020
Spate of energy code appeals could hamper efficiency progress
Construction and fossil fuel interests oppose portions of latest model energy code.
Codes and Standards | Sep 16, 2020
Heat pumps are the future for hot water
Sustainability policies will drive trend.
Codes and Standards | Sep 15, 2020
Taller timber buildings approved in National Fire Protection Association code
Ensures compatibility with the International Building Code.
Codes and Standards | Sep 14, 2020
Relocation of neighborhoods, the next step in U.S. flood strategy, is underway
Repeated rebuilding after successive floods now seen as bad policy.