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 | Jan 18, 2019
Texas city sues developer over changes in $1 billion mixed-use project
Revised plan eliminated 8-acre lagoon, trolley, show fountain, and reduced retail space.
Codes and Standards | Jan 17, 2019
First resilience benchmarks for U.S. communities released
Provides way to evaluate current state of resilience and guidance for areas of improvement.
Codes and Standards | Jan 16, 2019
California mass timber building competition kicks off January 15
Competition will award $500,000 in grants to teams who design innovative buildings.
Codes and Standards | Jan 15, 2019
Hazard mitigation provisions in codes save lives and protect property
New NIBS study finds that adopting 2018 Intl. Codes generate $11 benefit for every $1 invested.
Codes and Standards | Jan 10, 2019
Ontario building first to achieve zero-carbon designation by Canada GBC
Geothermal heating, living wall among notable features.
Codes and Standards | Jan 9, 2019
Policymakers need to act to alleviate affordable housing crunch
Moody’s economist says costs including mortgage rates worsening situation.
Codes and Standards | Jan 8, 2019
Pittsburgh launches task force on construction industry fraud
Focus will be on wage violations.
Codes and Standards | Jan 7, 2019
Program uses low-cost sensors to monitor impact of stormwater mitigation systems
University/municipal partnership in Philadelphia aims to improve green infrastructure design.
Codes and Standards | Jan 7, 2019
Washington, D.C., to transition to 100% renewable energy by 2032
Includes measures to reduce emissions from buildings and transportation.
Codes and Standards | Jan 4, 2019
Canada’s National Building Code will include climate change obligations
New durability requirements for new buildings in the works.