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 | Sep 19, 2017
Benchmarking regulations prompt jump in green certified properties
2016 saw a slight rise in total certified U.S. green office space.
Codes and Standards | Sep 18, 2017
Changes likely to come to federal wetlands regulations
However, states may step up regulations as feds relax them.
Codes and Standards | Sep 14, 2017
Gentrification means a new mindset for city planners
Rising rents elicit reexamination of zoning principles.
Codes and Standards | Sep 13, 2017
OSHA issues extension for compliance with crane operator certification requirements
Comments on proposed rule sought through Sept. 29.
Codes and Standards | Sep 12, 2017
Washington, D.C. is first LEED Platinum city in the world
All city government buildings are powered by renewables.
Codes and Standards | Sep 11, 2017
Natural solutions would be most effective flood resilience policies for Houston
New green infrastructure should be part of rebuild.
Codes and Standards | Sep 8, 2017
Los Angeles luxury high-rise is first U.S. apartment building to achieve WELL Multifamily certification
Hollywood Proper Residences have verified indoor air and water quality features.
Codes and Standards | Sep 7, 2017
More than half of Houston properties at high or moderate risk of flooding are not in FEMA flood zone
Properties outside of these zones are not required to carry flood insurance.
Codes and Standards | Sep 6, 2017
Seventy percent of contractors have trouble finding workers
AGC survey indicates that fewer companies may be able to bid on projects.
Codes and Standards | Sep 5, 2017
New CTBUH initiatives to investigate link between fire and façades
In wake of Grenfell tragedy, Council forms new workgroup.