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 | Mar 11, 2021
Los Angeles commits to carbon-free city buildings
City will take into account embedded carbon when contracting to buy construction products.
Codes and Standards | Mar 10, 2021
‘Smart retrofitting’ will be crucial to net zero aspirations
AI, analytical software, Internet of Things are keys to decarbonization of built environment.
Codes and Standards | Mar 9, 2021
Salt Lake City is first jurisdiction to adopt new standards for off-site construction
Code Council and Modular Building Institute developing standards and compliance protocols.
Codes and Standards | Mar 8, 2021
Hyperlocal zoning could spur more affordable housing construction
Letting blocks and streets pass their own rules could have impact.
Codes and Standards | Mar 5, 2021
Biden builds on Trump’s “Buy American” order
New administration extends preferences for domestic construction materials.
Codes and Standards | Mar 4, 2021
Biden administration overturns Trump’s federal building design mandate
Previous order promoted classical and “traditional” architecture above others.
Codes and Standards | Mar 3, 2021
Texas freeze raises questions about risks of electrifying buildings
Gas stoves helped residents cook, boil water when power went out.
Codes and Standards | Mar 2, 2021
New Seattle building code eliminates fossil fuels for most space and water heating
Also increases on-site solar photovoltaics, reduces envelope heat loss, air leakage, and interior lighting power allowances.
Codes and Standards | Feb 25, 2021
It’s not just lumber—roofing material prices are also on the rise
Lower demand for petroleum products means less asphalt production.
Codes and Standards | Feb 23, 2021
USGBC offers education on LEED Safety First pilot credits
Four courses address COVID-19.
