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
| Jan 2, 2014
Paseo Verde in Philadelphia is nation’s first LEED Platinum neighborhood development
Paseo Verde, a mixed-use, mixed-income community hosted a ribbon cutting ceremony last month.
| Jan 2, 2014
Green infrastructure prominent in Akron, Ohio's sewer plans
City officials in Akron, Ohio want to prevent stormwater from entering its combined sewer system through the use of green infrastructure.
| Jan 2, 2014
OSHA to hold public meeting on proposed rule to improve tracking of workplace injuries
The Occupational Safety and Health Administration (OSHA) has scheduled a public meeting to allow interested parties to comment on the proposed rule to improve tracking of workplace injuries and illnesses.
| Jan 2, 2014
Measuring whole building energy use among big changes in LEED v4
A new prerequisite in LEED v4 calls for each project to measure whole building energy use, and then share that data with USGBC.
| Jan 1, 2014
San Francisco hosts Net Positive Energy + Water Conference
The Living Building Challenge’s Net Positive Energy + Water Conference will be held Feb. 4-5 in San Francisco.
| Dec 27, 2013
California’s new Title 24 energy code compliance date pushed back to July 1, 2014
Due to the stringency of the provisions in California’s new Title 24 energy codes, their implementation has been postponed until July 1, 2014 to allow jurisdictions and engineers to prepare for them.
| Dec 27, 2013
$1 billion 'city within a city' development approved by Coachella, Calif., city council
The mega development includes 7,800 homes, a retail center, office space, and nearly 350 acres of open space.
| Dec 26, 2013
OSHA may require companywide reporting of injuries and illnesses
The Occupational Safety and Health Administration is considering a change in policy that would require organizations to submit company-wide data on illnesses and injuries.
| Dec 26, 2013
USGBC recognizes Ohio for achieving 100th LEED-certified public school
The U.S. Green Building Council (USGBC) has recognized the state of Ohio and the Ohio School Facilities Commission (OSFC) on the LEED certification of the 100th public school building in the state.
| Dec 26, 2013
WDMA launches project to create ISO-compliant architectural doors
WDMA's National Architectural Door Council has initiated a project to create ISO-compliant Product Category Rules for architectural wood flush and stile and rail doors
