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 26, 2017
Chicago commits to 100% renewable power for all city buildings
In doing so, it becomes largest U.S. city to make such a pledge.
Codes and Standards | Apr 25, 2017
Concerns over increased construction costs following Trump executive orders
‘Buy American’ requirement and revised H-1B visa restrictions could raise prices on supplies, labor.
Codes and Standards | Apr 24, 2017
‘Staggering delays, exorbitant costs’ in New York City library, cultural building construction
Study finds significant problems with how city manages capital projects.
Codes and Standards | Apr 20, 2017
California lawmakers have had little success in attracting sports stadiums
Only one of several attempts has had an impact in recent years.
Codes and Standards | Apr 19, 2017
Dept. of Energy releases updated versions of EnergyPlus and OpenStudio building energy modeling tools
The updated versions include full support for variable speed DX coils, enhanced plant auto-sizing, new fan model, and support for non-rectangular windows.
Codes and Standards | Apr 18, 2017
K-12 school daylighting initiative created to promote best practices
Eneref Institute creates networking group of school administrators for ideas to overcome market obstacles.
Codes and Standards | Apr 17, 2017
OSHA delays enforcing crystalline silica standard in construction industry
Enforcement will begin Sept. 23, three months later than planned.
Codes and Standards | Apr 13, 2017
Former OSHA official publishes safety citations on his own
Under Trump orders, agency had stopped issuing ‘shaming’ press releases on major fines and safety violations.
Codes and Standards | Apr 12, 2017
Trump infrastructure task force suggests arbitration to speed projects
Permitting process could be reduced from 10 years to 2 years under the proposal.
Codes and Standards | Apr 11, 2017
2017 National Energy Codes Conference includes code boot camp, PNC Tower tour
The DOE-sponsored event will be held in Pittsburgh July 17-20.
