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
| Oct 20, 2011
LEED 2012 to require real-time energy, water use reporting
The LEED 2012 rating system, set to launch in November 2012, will contain features to make sure buildings function as intended, and improve over time.
| Oct 20, 2011
New York City moving to speedier, online design reviews
New York City is moving towards a development design review process that will let officials and developers review blueprints for new projects online in a virtual conference room rather than in person.
| Oct 20, 2011
Michigan bill would let private firms operate as a city’s building department
Michigan House Bill 5011 would change state’s building code to allow private companies to operate as a municipality's building department.
| Oct 20, 2011
Alabama’s strict immigration law drives away construction workers
Alabama's strict new immigration law is driving many construction workers and roofers from the state.
| Oct 20, 2011
Fed bill would allow school rehab funding via historic tax credits
Virginia Sens. Jim Webb (D) and Mark Warner (D) introduced a bill this month to rehab aging schools across the country through the use of historic tax credits.
| Oct 20, 2011
Process leads to new design values for southern pine and other visually graded dimension lumber
A summary of the process used to develop new design values will clarify many of the questions received by the SFPA.
| Oct 19, 2011
Another drop for Architecture Billings Index
Positive conditions seen last month were more of an aberration.
| Oct 18, 2011
Dow Building Solutions invests in two research facilities to deliver data to building and construction industry
State-of-the-art monitoring system allows researchers to collect, analyze and process the performance of wall systems.
| Oct 14, 2011
ACI partners with CRSI to launch new adhesive anchor certification program
Adhesive anchor installer certification required in new ACI 318-11.
| Oct 13, 2011
New Building Materials Label Focuses On Sustainability
Architectural products company Construction Specialities and design firm Perkins + Will have created a label for building materials to shed light on product content.