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 | Apr 10, 2018
Boosting energy efficiency helps reduce health risks
Cleaner air results in fewer heart attacks, respiratory disease, and premature deaths.
Codes and Standards | Apr 9, 2018
U.K. business leaders call for zero-carbon buildings by 2030
Real estate, construction industry executives among those supporting the goal.
Codes and Standards | Apr 5, 2018
In Houston, proposed rules would require building above 500-year flood level
Change would impact 85,739 pieces of property.
Codes and Standards | Apr 4, 2018
New ASTM standard supports stucco use in construction
Provides way to measure tensile strength in vertical applications.
Codes and Standards | Apr 3, 2018
LEED v4.1 O+M for Existing Buildings available for beta testing
Update said to be most inclusive and transparent platform to date.
Codes and Standards | Apr 2, 2018
Experts chosen for ICC, ANCR buildings resilience benchmarks project
Specialists to focus on community preparedness for disasters.
Codes and Standards | Mar 29, 2018
Contractors have paid $5.2 million for failing local resident employee mandate on Detroit arena
Companies were only able to meet half of the 51% local worker requirement over course of the project.
Codes and Standards | Mar 28, 2018
Washington State moving to promote mass timber construction with legislation
Bill would require all 12-story or less public buildings to be built with mass timber.
Codes and Standards | Mar 27, 2018
Los Angeles appoints its first chief design officer
Responsibility for enhancing civic architecture and urban design.
Codes and Standards | Mar 26, 2018
National Roofing Contractors Assn., releases updates to its Roof Wind Designer app
Significant changes to online wind-load calculator.