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 | May 18, 2020
California’s grid can support all-electric buildings
Load-shifting will help reduce peak demand.
Codes and Standards | May 15, 2020
European cities to revamp transportation after pandemic reopening
Road closures, new rules for public transit will be imposed.
Codes and Standards | May 14, 2020
Washington State construction industry restart plan has three phases
In state with earliest COVID-19 cases, advisory group developing priorities based on risk.
Codes and Standards | May 14, 2020
More mass timber beam and column options available in the U.S.
Freres Lumber unveils new line of structural elements suitable for high-rise buildings.
Codes and Standards | May 13, 2020
Researchers flag insufficient training for construction workers on healthcare projects
May contribute to fungal disease outbreaks that endanger patients
Codes and Standards | May 8, 2020
New NIBS report evaluates natural disaster mitigation strategies
Document examines strengthening buildings for flood, wind, wildfires, and earthquakes.
Codes and Standards | May 6, 2020
A few ways contractors can manage COVID-19 risks
Staggered start times, rigorous tool cleaning, virtual training among the strategies.
Codes and Standards | May 5, 2020
NAHB loses influence in 2021 IECC building code development
Despite objections from the National Association of Home Builders (NAHB), the development of the 2021 International Energy Conservation Code (IECC) is nearing conclusion. NAHB objected to several more stringent energy efficiency provisions.
Codes and Standards | May 5, 2020
2020 IECC will lead to significant carbon emissions reductions
New model building code nearly finalized.
Codes and Standards | May 4, 2020
New York expands prevailing wage law
Now includes private projects with 30% or more of public subsidies.