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 | Jan 5, 2021
EPA finalizes first major update to Lead and Copper rule
Will accelerate pace of lead service line replacement.
Codes and Standards | Jan 5, 2021
Flood risk for affordable housing expected to triple by 2050
Some communities will have 90% of their affordable housing at risk.
Codes and Standards | Jan 4, 2021
Ranks of remote workers expected to double in five years
Nearly 23% of employees will work from outside of offices.
Codes and Standards | Dec 28, 2020
CSI and ASTM standards can now be connected through a central location
CROSSWALK web service accesses standards specific to projects from feasibility to turnover.
Codes and Standards | Dec 28, 2020
Dept. of Energy offers Better Buildings Field Validation Results Hub
One-stop-shop for information associated with technology validations in buildings.
Codes and Standards | Dec 28, 2020
2021 Defense Authorization Act includes mass timber provision
Directs defense, agriculture secretaries to review potential for wood frame construction on defense building projects.
Codes and Standards | Dec 28, 2020
New York City proposal would require rainwater detention tanks for new development
Rule would apply to projects on lots sized 20,000 sf or larger.
Codes and Standards | Dec 17, 2020
Energy efficiency as a service gaining ground as financing approach for adopting innovations
Building owners can invest in new technology with no upfront cost.
Codes and Standards | Dec 16, 2020
Resources available to address Legionella threat
Buildings reopened after extended pandemic closure are at risk.
Codes and Standards | Dec 16, 2020
New Specifications for Concrete Construction reference manual released
Scope expanded to include shotcrete, internal curing, mineral fillers, and recycled concrete aggregates.