A recent U.S. Supreme Court decision gives landowners a new way to challenge some federal regulatory decisions pertaining to wetlands designation.
The 8-0 ruling said landowners can go straight to court after federal regulators decide that a piece of property containing wetlands is covered by the Clean Water Act. The decision may streamline the approval process for people and companies seeking to develop wetlands.
The case involved a proposed peat-mining operation on 530 acres in Minnesota. The property owners and a mining company, Hawkes Co., are fighting a decision by the U.S. Army Corps of Engineers making the land subject to federal regulation.
The Obama administration argued that a landowner can’t sue until a permit application is rejected, or if the owner faces a federal enforcement action for proceeding without a permit.
U.S. appeals courts’ rulings had been divided on whether a regulatory decision involving restrictions on the use of property could be challenged immediately in federal court.
Related Stories
Codes and Standards | Mar 13, 2019
Climate change can’t be stabilized without addressing urban sprawl
Even if power goes green, transportation will still be a major emissions source.
Codes and Standards | Mar 12, 2019
Virginia county hones new rainwater harvesting standard
Developer prompts new rules to use rainwater for heating and air conditioning.
Codes and Standards | Mar 8, 2019
Portland delays requirement for posted warnings on unreinforced brick and stone buildings
Regulation would mandate signs warning that buildings could be unsafe during earthquakes.
Codes and Standards | Mar 7, 2019
California will allow flame retardant-free building insulation
State also repeals business furniture flammability standard.
Codes and Standards | Mar 6, 2019
Sixty six construction companies cited for wage theft violations in Massachusetts
Penalties total $2.7 million.
Codes and Standards | Mar 5, 2019
Persistent flooding having economic impact on coastal cities
Atlantic City, Annapolis among communities affected.
Codes and Standards | Mar 1, 2019
$1 billion Boston hospital project to include extensive disaster resiliency features
Mass. General expansion will be designed for four days of shelter in place.
Codes and Standards | Mar 1, 2019
U.S. cities have become more dangerous for bicyclists and pedestrians
Reduced speed limits, traffic calming, better education seen as keys to improvement.
Codes and Standards | Feb 28, 2019
High-income renters now the fastest-growing housing market segment
Growth is fastest in mid-sized cities with strong economies.
Codes and Standards | Feb 27, 2019
Katerra launches software platform for ‘entire lifecycle of the building process’
Firm is accepting industry applicants to test the product.
