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 | Oct 20, 2016
What top-ranked energy efficiency states are doing right on codes, utility mandates
Calif., and Mass., use aggressive targets to lead nation.
Codes and Standards | Oct 20, 2016
New cross-laminated timber fire tests back proponents of high-rise wood structures
'Demonstrating for the first time the feasibility of tall mass timber buildings in the U.S.’
Codes and Standards | Oct 14, 2016
ASCE issues first tsunami-safe building standards
The new standards will become part of international building code.
Codes and Standards | Oct 12, 2016
Making concrete greener
The high energy-consuming material can be made more sustainably.
Codes and Standards | Oct 11, 2016
Historic preservation moving beyond saving grand old buildings
National Trust for Historic Preservation CEO says the focus is on saving cities, not just buildings
Codes and Standards | Oct 10, 2016
Los Angeles voters will decide whether high-density developments should be harder to build
A March vote on the Neighborhood Integrity Initiative would put 2-year ban on zoning changes
Codes and Standards | Oct 10, 2016
New sustainable landscape development and management credential launched
GBCI offered the first testing opportunity Oct. 3 at Greenbuild
Codes and Standards | Oct 6, 2016
Obama administration will spend $80 million for smart cities initiatives
The technology is targeted for climate, transportation, resiliency.
Codes and Standards | Oct 6, 2016
New York City files criminal charges on owner for deadly building façade accident
The owner allegedly did not heed warning about danger of the crumbling exterior.
Codes and Standards | Oct 5, 2016
New York becomes the first city to adopt a target for energy storage
Mayor de Blasio also announces increased solar generation goals