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 | Feb 7, 2020
Landlords scramble to comply with the New York City Council’s Climate Mobilization Act (CMA)
Intent is to reduce greenhouse gas emissions; improve efficiency for buildings larger than 25,000 sf.
Codes and Standards | Feb 6, 2020
New document to determine THERM finite element modeling surface temperatures released
Process often used to predict interior surface temperatures on fenestration.
Codes and Standards | Feb 5, 2020
HUD issues guidance on emotional support animals
Clarifies the responsibilities of rental housing providers and renters.
Codes and Standards | Feb 4, 2020
New Jersey to become first state to require building contractors to consider climate change impact
Governor has seven key strategies for emissions cuts.
Codes and Standards | Jan 31, 2020
Colorado ranks first in LEED Top 10 states
Rankings of states for LEED certified square feet per person released.
Codes and Standards | Jan 30, 2020
Dramatic demographic shifts poised to alter global workplace
By 2030, Millennials and Generation Z will dominate workforce.
Codes and Standards | Jan 29, 2020
Half of Manhattan’s new residential skyscrapers are empty
Excess comes as middle class housing shortage worsens.
Codes and Standards | Jan 28, 2020
Updated Engineered Wood Construction Guide now available
Provides guidance on building engineered wood floors, walls, and roofs.
Codes and Standards | Jan 24, 2020
Fenestration Rating Council earns ANSI certification
FenStar Certification Program ensures windows, doors, and skylights meet Energy Star specifications.
Codes and Standards | Jan 23, 2020
Rent control policies backfire on goal of boosting affordable housing
Natl. Apartment Assn. study says rent control decreases housing supply, harms condition of housing stock.