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 | Jun 9, 2021
ASHRAE updates health care facility ventilation standard
Includes improved guidance on thermal comfort, revisions to air filtration requirements.
Codes and Standards | Jun 8, 2021
American Wood Council releases new fire design specification
For design of wood members, assemblies, and connections to meet code requirements.
Codes and Standards | Jun 7, 2021
Guide provides strategies to overcome barriers to sustainable affordable housing
International Living Future Institute document helps with social, regulatory, and financial hurdles.
Codes and Standards | Jun 3, 2021
Conversion of large office buildings to residential will require revamped regulations
Post-1960 offices present ventilation, daylighting, and other challenges.
Codes and Standards | Jun 2, 2021
Dept. of Energy releases EnergyPlus and OpenStudio updates
New features include Python Plugin features and additional tabular reporting options.
Codes and Standards | Jun 1, 2021
Federal plan to double Canadian lumber tariffs draws intense criticism
Builders advised to stock up to deal with shortages.
Codes and Standards | Jun 1, 2021
Passive House standards proving their worth in multifamily sector
Energy performance beats conventionally built by 32% to 58%.
Codes and Standards | May 27, 2021
Pittsburgh combats construction fraud
Crackdown on tax, insurance, and workers’ comp malfeasance.
Codes and Standards | May 26, 2021
Proposal to add photovoltaic panels to the R2 Standard for electronics recycling
Hundreds of facilities in 33 countries could begin recycling PVs.
Codes and Standards | May 25, 2021
International Energy Agency lays out roadmap to net zero
Focus is on energy generation, but building efficiency also plays a role.
