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 17, 2020
ASCE seeks comments on seismic standard
Pertains to design criteria for nuclear facilities.
Codes and Standards | Aug 13, 2020
COVID-19 reboot guide offers strategies for reopening K-12 schools
Looks at space considerations for reopening at different scales.
Codes and Standards | Aug 12, 2020
Document provides guidance for mass timber construction
Overview of Intl. Building Code requirements included.
Codes and Standards | Aug 11, 2020
Inefficient air conditioning is a key contributor to global warming
More efficient equipment and buildings could make a big difference.
Codes and Standards | Aug 10, 2020
Concrete Institute and Post-Tensioning Institutes expand partnership
Will collaborate on new structural post-tensioned concrete code requirements.
Codes and Standards | Aug 6, 2020
SpeedCore demonstrates excellent fire resistance without additional fire-protective coatings
New York City approves metal-concrete product for all five boroughs.
Codes and Standards | Aug 5, 2020
Designing, redeveloping communities for zero energy needed to address climate change
District heating and cooling systems boost efficiency.
Codes and Standards | Aug 4, 2020
Virginia is the first state to adopt COVID-19 worker safety rules
Include social distancing requirements, notifications when co-worker tests positive, timelines to return to work after recovery.
Codes and Standards | Aug 3, 2020
Report aids local governments on policy options, pathways to electrify new buildings
Document focuses on switching appliances and equipment away from natural gas, propane.
Codes and Standards | Jul 30, 2020
Institute for Market Transformation acquires Energy-Efficient Codes Coalition
Goal is to achieve net-zero construction by 2050.