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 31, 2018
First large-scale use of perovskite solar cells in office building slated for Poland this year
Skanska will integrate the technology into building facades.
Codes and Standards | Jan 29, 2018
Advanced Energy Design Guide for K-12 Schools to achieve zero energy
Publication is joint effort by ASHRAE, AIA, IES, and USGBC.
Codes and Standards | Jan 26, 2018
Flying drones while inebriated now illegal in New Jersey
Violators could be sentenced to six months in jail.
Codes and Standards | Jan 25, 2018
OSHA penalties for violations increase
Fines adjusted for inflation in the New Year.
Codes and Standards | Jan 23, 2018
Disaster mitigation strategies that exceed code could save billions
Four dollars saved for every dollar spent, says NIBS report.
Codes and Standards | Jan 19, 2018
U.S. construction fatalities rose 6% in 2016
Falls accounted for 39% of deadly accidents.
Codes and Standards | Jan 18, 2018
Record storm surge in Boston prompts renewed calls for flood mitigation infrastructure
Newer buildings constructed in flood zone fared well.
Codes and Standards | Jan 17, 2018
Green Building Initiative acquires global rights to Green Globes from JLL
Transaction allows GBI to expand operations to Canada and elsewhere.
Codes and Standards | Jan 16, 2018
Engage code officials early for better building performance, predictable enforcement expectations
White paper says code officials should be collaborators and facilitators.
Codes and Standards | Jan 12, 2018
Arlington County, Va., earns first LEED for Communities Platinum Certification
Honor recognizes efforts to reduce greenhouse gas emissions, manage stormwater.
