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
Products and Materials | Oct 10, 2023
‘Works with WELL’ product licensing program launched by International WELL Building Institute
The International WELL Building Institute (IWBI) recently launched the Works with WELL product licensing program. Works with Well certification allows manufacturers to demonstrate that their products align with WELL strategies.
Mass Timber | Oct 10, 2023
New York City launches Mass Timber Studio to spur more wood construction
New York City Economic Development Corporation (NYCEDC) recently launched New York City Mass Timber Studio, “a technical assistance program to support active mass timber development projects in the early phases of project planning and design.”
Codes and Standards | Oct 10, 2023
Green Seal will not certify any paints, coatings, floor care products containing PFAS
Green Seal will no longer certify any paints and coatings, floor care products, adhesives, and degreasers containing any per- and polyfluoroalkyl substances (PFAS), commonly called “forever chemicals.”
Codes and Standards | Oct 4, 2023
Local officials press California governor for statewide all-electric building mandate
More than two dozen local government officials in California recently signed a letter urging Gov. Gavin Newsom to back a statewide all-electric mandate for all new building construction. This action is needed, the officials say, after a U.S. 9th Circuit Court of Appeals ruling this year nullified the city of Berkeley’s ban on natural gas hookups on new buildings.
Regulations | Oct 4, 2023
New York adopts emissions limits on concrete
New York State recently adopted emissions limits on concrete used for state-funded public building and transportation projects. It is the first state initiative in the U.S. to enact concrete emissions limits on projects undertaken by all agencies, according to a press release from the governor’s office.
Architects | Oct 4, 2023
Architects and contractors underestimate cyberattack risk
Design and construction industry firms underestimate their vulnerability to cyberattacks, according to a new report, Data Resilience in Design and Construction: How Digital Discipline Builds Stronger Firms by Dodge Construction Network and content security and management company Egnyte.
Standards | Sep 25, 2023
Updated specification for PVC exterior profiles on windows, doors, and skylights
The Fenestration and Glazing Industry Alliance (FGIA) updated a specification establishing minimum requirements for Polyvinyl Chloride (PVC) exterior profiles that are used in windows, doors, and skylights.
Resiliency | Sep 25, 2023
National Institute of Building Sciences, Fannie Mae release roadmap for resilience
The National Institute of Building Sciences and Fannie Mae have released the Resilience Incentivization Roadmap 2.0. The document is intended to guide mitigation investment to prepare for and respond to natural disasters.
Codes and Standards | Sep 25, 2023
Lendlease launches new protocol for Scope 3 carbon reduction
Lendlease unveiled a new protocol to monitor, measure, and disclose Scope 3 carbon emissions and called on built environment industry leaders to tackle this challenge.
Codes and Standards | Sep 25, 2023
Modern codes, construction techniques saved structures in Maui wildfire
Modern building codes and construction techniques were effective in saving buildings from the devastating wildfire in Maui on August 9th, according to a recent report, IBHS Early Insights Lahaina Fire—2023, from the Insurance Institute for Business and Home Safety’s research division.
