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 12, 2016
Construction trade groups sue OSHA over silica rule
Cite concerns about technological and economic feasibility.
Codes and Standards | Apr 11, 2016
New LEED 2009 projects will have to meet increased minimum energy performance
New requirements went into effect April 8.
Wood | Apr 8, 2016
New LEED Pilot ACP designed to help eliminate irresponsibly sourced materials
Illegal wood is primary target to restrict illicit material in the supply chain.
Lighting | Apr 5, 2016
Lighting requirements for high-rise dwellings proposed for energy standard
The requirements would effectively eliminate incandescent and halogen bulbs.
Steel Buildings | Apr 4, 2016
AISI publishes Cold-Formed Steel Framing Design Guide, 2016 Edition
Updates 2007 edition; includes five comprehensive design examples.
Data Centers | Apr 1, 2016
ASHRAE releases publication on the impact of IT equipment on data center design
The book offers advice for designing structures in the fast-changing data center industry.
Codes and Standards | Mar 28, 2016
Occupant egress simulations that impact codes fall short, researchers say
Building evacuations in emergencies are too dangerous as a result.
School Construction | Mar 28, 2016
National report on school buildings reports $46 billion annual funding shortfall
Millions of students said to be learning in obsolete facilities.
Codes and Standards | Mar 25, 2016
ASHRAE grants fund human thermal comfort database project
Aim is to help better understand thermal comfort in residential and commercial buildings.
Codes and Standards | Mar 25, 2016
OSHA finalizes new silica dust regulations
Construction industry has until June 2017 to comply.