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
Wood | Mar 23, 2016
APA updates Engineered Wood Construction Guide
Provides recommendations on engineered wood construction systems.
Codes and Standards | Mar 23, 2016
Affordable housing advocates differ on micro-apartment policy
New York’s luxury micro units could be first step to developing affordable units.
Codes and Standards | Mar 21, 2016
GRESB launches Health and Well-being Module for real estate industry
Optional supplement to environmental, social, and governance assessment.
Codes and Standards | Mar 4, 2016
U.S. Supreme Court lets San Jose affordable housing law stand
Law attempts to alleviate Silicon Valley’s high housing costs.
Codes and Standards | Mar 2, 2016
WELL standard offers multiple benefits for owners, says real estate executive
Could be a recruiting tool for occupant companies.
Cultural Facilities | Mar 1, 2016
China bans ‘weird’ public architecture, gated communities
Directs designers of public buildings to focus on functionality.
Energy Efficiency | Feb 23, 2016
Economists, energy efficiency practitioners need to work together for better cost/benefit studies
Flawed energy efficiency research yields misleading, confusing results.
Codes and Standards | Feb 16, 2016
New York City implements new crane safety plan following deadly accident
The plan includes restrictions on crawler cranes during windy conditions.
Resiliency | Feb 16, 2016
Obama establishes federal earthquake risk management standard
The standard requires federal agencies to use earthquake-resistant design provisions in current building codes.
Codes and Standards | Feb 12, 2016
ISO releases national assessment and state-by-state building codes evaluation
Report covers 87% of U.S. population.