A case before the Supreme Court will likely determine how the Clean Water Act is interpreted and the ruling could open up new areas for development within or adjacent to wetlands.
Late last year, the Biden administration issued a new definition of “waters of the United States,” which broadened the numbers of streams and wetlands subject to regulations of the Act. States and national advocacy groups have sued to reverse that provision, and a federal judge has halted it in 24 states.
A case before the Supreme Court, Sackett v. Environmental Protection Agency, may settle the issue. Environmental advocates worry that the justices will gut the Clean Water Act by imposing a narrow reading on what counts as one of the “waters of the United States.”
The court could decide that the federal government doesn’t have authority to protect as many as of half of the country’s wetlands. That action could make many more acres of land nationwide available to developers.
The director of federal water policy at the Natural Resources Defense Council told Grist that the case’s impact is “hard to overstate.” It could make it a “huge problem” to achieve the organization’s water quality goals, he said.
But real estate developers would cheer such an outcome as it would eliminate uncertainty over which areas are subject to the Act, and how they could build on parcels in wetlands areas.
Related Stories
Codes and Standards | May 20, 2022
Wildfire threat score now available for all U.S. homes
The non-profit First Street Foundation has made publicly available a database that assesses the wildfire risk of all U.S. homes.
Coronavirus | May 20, 2022
Center for Green Schools says U.S. schools need more support to fight COVID-19
The Center for Green Schools at the U.S. Green Building Council released a new report detailing how school districts around the country have managed air quality within their buildings during the second year of the COVID-19 pandemic.
Regulations | May 20, 2022
Biden’s Clean Air in Buildings Challenge aims to reduce COVID-19 spread
The Biden Administration recently launched the Clean Air in Buildings Challenge that calls on all building owners and operators, schools, colleges and universities, and organizations to adopt strategies to improve indoor air quality in their buildings and reduce the spread of COVID-19.
Codes and Standards | May 19, 2022
JLL launches non-profit aiming to mitigate climate change
Real estate and investment management firm JLL recently launched JLL Foundation, a non-profit dedicated to making a long-term impact on environmental sustainability.
Biophilic Design | May 18, 2022
Horticulturalists conduct research study to understand the value of biophilic design
Benholm Group, horticulturalists that have pioneered the use of plants for interiors over the past 27 years, are collaborating on a research study to understand the value of biophilic design, according to a news release.
Building Team | May 17, 2022
MKA’s Embodied Carbon Action Plan will include reporting on carbon reductions for selected projects
Magnusson Klemencic Associates (MKA) recently released its SE 2050 Embodied Carbon Action Plan (ECAP) for 2022.
Codes and Standards | May 16, 2022
AIA releases Justice in the Built Environment guide
The American Institute of Architects (AIA) recently published a new supplementary edition of the Guides for Equitable Practice, titled “Justice in the Built Environment.”
Codes and Standards | May 12, 2022
Solar industry creates non-profit to remove barriers to clean energy deployment
The Solar Energy Industries Association (SEIA) is launching a 501(c)3 non-profit organization to accelerate the transition to carbon-free electricity.
Green Specifications | May 12, 2022
MG2’s Sustainable Materials Evaluation System
Learn how MG2’s Sustainable Materials Evaluation System helps clients, prospects, and staff choose the most environmentally feasible materials for their building projects. Candon Murphy, LEED GA, Assoc. IIDA, Design Lab Manager and Materials & Sustainability Specialist with MG2, speaks with BD+C Executive Editor Rob Cassidy.
Esports Arenas | May 11, 2022
Design firm Populous partners with esports company on digital art NFT collection
Design firm Populous and multidiscipline esports organization Kansas City Pioneers have partnered on a five-part NFT collection.
