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 | Feb 14, 2017
Evidence mounts on health, productivity benefits of sustainable work spaces
High-performance green buildings are linked to better job performance.
Codes and Standards | Feb 13, 2017
Calif. commission approves ‘emergency’ balcony code changes
The changes apply to multifamily, hotels, state-owned buildings, and public schools.
Codes and Standards | Feb 9, 2017
Google-initiated program aims to get construction industry to use healthier building materials
Portico platform features a database of products ranked on how they disclose ingredients.
Codes and Standards | Feb 7, 2017
Newer structural standards mitigating earthquake impacts in Oklahoma
Buildings constructed in the last two decades are largely holding up to increased seismic activity.
Codes and Standards | Feb 6, 2017
New York State offers $36 million for energy efficiency on commercial buildings
Programs will provide money for both owners and renters.
Codes and Standards | Feb 6, 2017
New white paper on modular bathroom pods offers insight on best uses
When to use them, cost, and installation are issues that are explored.
Codes and Standards | Feb 3, 2017
Justice in Design initiative to explore how to design a modern jail
The report will inform design principles for New York City jails.
Codes and Standards | Feb 1, 2017
Massachusetts, Colorado, Illinois lead annual Top 10 States for LEED Green Building list
LEED for Building Operations and Maintenance the most popular rating system in top 10 states.
Codes and Standards | Jan 31, 2017
Planning for world’s first floating city underway
New approach to resiliency examined in French Polynesia.
Codes and Standards | Jan 30, 2017
Denser development could reduce emissions more than building energy retrofits
More tightly packed cities would cut building emissions significantly, study says.