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
| Feb 9, 2012
Webinar focuses on lessons learned from LEED-certified industrial project
A Construction Specifications Institute webinar will focus on the lessons learned through the design and construction of a LEED-certified industrial project, Better Living Mill Shop, the first industrial building in Central Virginia to earn LEED certification.
| Feb 8, 2012
California likely to eliminate redevelopment agencies
Leaders of California cities had been trying to fashion a compromise with lawmakers after the state Supreme Court ruled the state had the authority to eliminate the agencies and use their property tax money for local services.
| Feb 8, 2012
Project aimed at economical seismic retrofits on historic Memphis structures
The group will develop a low-cost seismic retrofit model that would benefit aging brick-and-mortar structures. It involves bolting steel brackets to existing wooden floor and ceiling joists.
| Feb 8, 2012
Houston signs on to Better Buildings Challenge
The challenge has about $4 billion in federal and private-sector funds, which it will use for building energy upgrades nationwide in the next two years.
| Feb 8, 2012
OSHA offers free health and safety consulting for small businesses
The consultants offer confidential, non-punitive advice.
| Feb 8, 2012
Controversy over pay for prisoners on roofing job in Michigan
The disagreement was over whether the prisoners should have been paid prevailing wage for their brief time on the job because the project was paid for with a U.S. Department of Energy grant.
| Jan 30, 2012
ZigBee and ISO 50001: Two new standards to make buildings greener
These developments demonstrate the dynamic nature of the market and the continued need for development of program standards of many different types that help builders and owners translate high performance and sustainable buildings goals into practical measures on the ground.
| Jan 30, 2012
New firm-fixed-price rules on federal contracts impact construction industry
Contractors will need to be on the lookout for policies such as the Contractor Accountability for Quality clause.
