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 29, 2020
AIA releases new, updated sustainable project documents
Streamlined sustainable design and construction process included.
Codes and Standards | May 28, 2020
USGBC outlines how it will support pandemic recovery efforts
Includes emergency guidance and upgrades to the LEED green building program.
Codes and Standards | May 27, 2020
Office market could be COVID-19 casualty
As companies get used to work at home, post-pandemic office market could collapse.
Codes and Standards | May 26, 2020
Architectural Reuse Council will step up efforts to reuse construction waste
Cabinets, appliances, lighting, and lumber diverted from landfills to be repurposed.
Codes and Standards | May 26, 2020
Is CLT really a green solution?
Sustainability depends upon forest stewardship, product manufacturing process.
Codes and Standards | May 20, 2020
St. Louis is first Midwest city to pass building energy performance standard
Allows owners broad flexibility on how to achieve goals.
Codes and Standards | May 20, 2020
Supreme Court says Georgia cannot copyright its entire official code
Ruling may have implications for other states claiming copyright for building codes.
Codes and Standards | May 18, 2020
Strategies to reduce personal contact in multifamily properties
Design can improve health amid COVID-19 pandemic.
Codes and Standards | May 18, 2020
Canada Green Building Council says building industry lacks zero-carbon skills, knowledge
Net-zero target requires shift in thinking and practices.
Codes and Standards | May 18, 2020
California’s grid can support all-electric buildings
Load-shifting will help reduce peak demand.
