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 | Mar 29, 2019
New timber traceability LEED credit released
Pilot credit aims to reduce use of illegal wood in buildings.
Codes and Standards | Mar 28, 2019
Swinerton forms new mass timber business group
Will pursue new projects being developed with mass timber.
Codes and Standards | Mar 27, 2019
Shortage of skilled construction workers resulting in missed deadlines
Some 40% of contractors have turned down project offers.
Codes and Standards | Mar 25, 2019
ICC release 2019 guidelines for safe use of repurposed shipping containers
Provides in-depth, technical overview on how to design, review, and approve shipping containers as building elements.
Codes and Standards | Mar 22, 2019
Tool helps cities develop framework for life-cycle energy policies and track progress
Identifies policies, funding sources to address building energy use.
Codes and Standards | Mar 21, 2019
New York City contractors adding 5% to 10% to construction costs due to trade war
Tariffs on steel, aluminum, and other materials swell budgets.
Codes and Standards | Mar 20, 2019
Codes organizations to develop new guidelines on shipping containers as building components
Intl. Code Council and Modular Building Institute combine forces.
Codes and Standards | Mar 19, 2019
Plan for transformation of Lower Manhattan streetscapes unveiled
Pedestrian-friendly “Slow Streets” pilot starts on Earth Day 2019.
Codes and Standards | Mar 15, 2019
Newly developed building materials could have big impact on sustainability
Transparent wood, self-cooling walls, bricks that filter air pollutants among the technological breakthroughs.
Codes and Standards | Mar 14, 2019
U.S. and Canada differ on how to evaluate field performance of windows, curtain walls
Variations include laboratory test method for determining rate of air leakage.