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 | Jul 15, 2020
Georgia gives the go-ahead for tall mass timber construction
Standards review scheduled to be completed by July 2021.
Codes and Standards | Jul 15, 2020
Softwood-lumber duties boost expenses amid COVID-19 outbreak
Little hope this year for resolution of trade dispute with Canada.
Codes and Standards | Jul 14, 2020
Metal Construction Assn. releases three EPD updates
Pertain to Metal Composite Materials, Insulated Metal Panels, and Roll Formed Aluminum and Steel Cladding.
Codes and Standards | Jul 13, 2020
5 must reads for the AEC industry today: July 13, 2020
4 technologies for improving building sanitation and tech's ever-evolving impact on the multifamily space.
Codes and Standards | Jul 9, 2020
Funding opportunity for field validation of high-impact building technologies
Dept. of Energy program targets dynamic interactions with electric grid.
Codes and Standards | Jul 8, 2020
Standards for reducing risk of COVID-19 in senior living communities
AIA releases strategies and illustrations for the sector.
Codes and Standards | Jul 6, 2020
Guide presents benefits of public-private partnerships
Discusses process from project conception to construction.
Codes and Standards | Jul 1, 2020
COVID-19 public health guidelines may be downplaying building systems solutions
Emphasis on cleaning surfaces overlooks importance of mechanical infrastructure.
Codes and Standards | Jun 30, 2020
WELL building institute steps up health safety rating for hotels and resorts
Certification body forms advisory group of industry leaders and health experts.
Codes and Standards | Jun 30, 2020
7 must reads for the AEC industry today: June 30, 2020
Affordable housing comes to the Bay Area and this is not the end of cities.