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 | Aug 7, 2019
Illinois law makes all single-occupancy restrooms gender-neutral
All must comply by January 1.
Codes and Standards | Aug 6, 2019
New technology, aligning training with local trends among keys to workforce development
Construction industry must also invest in training, recruiting high school students.
Codes and Standards | Aug 1, 2019
Planners, city official rethink parking requirements on new projects
Reducing number of parking spots frees up land for ‘more purposeful’ uses.
Codes and Standards | Jul 31, 2019
USGBC-LA chooses first ‘Net Zero Accelerator’ technologies
Wide range of solutions address numerous environmental challenges.
Codes and Standards | Jul 30, 2019
Solar brokerage will provide financing for small/medium businesses
First to fund solar for smaller-scale commercial operations.
Codes and Standards | Jul 29, 2019
ASCE group unveils structural safety database
Confidential reporting on structural failures, near misses, and other incidents.
Codes and Standards | Jul 26, 2019
Floating landscape infrastructure wins top ASCE innovation prize
Climate resiliency a key theme of entrants.
Codes and Standards | Jul 24, 2019
New York making slow progress on resiliency seven years after Hurricane Sandy
Property owners face many challenges; coastal defense project plans are complex and need more time to plan.
Codes and Standards | Jul 23, 2019
Berkeley, Calif. passes nation’s first ordinance to make new buildings all-electric
No gas hook-ups will be allowed in new houses, apartments, and commercial buildings.
Codes and Standards | Jul 22, 2019
San Francisco office building is city’s first structure certified by BREEAM USA for existing buildings
The Landmark @ One Market is one of San Francisco’s most architecturally distinctive buildings.