The U.S. Environmental Protection Agency announced on Jan. 31 that the 2015 Waters of the United States rule will not be applicable for two years.
The controversial Obama-era regulation may never be implemented as the agency said it will work to repeal and replace the measure. The 2015 rule defined which small waterways can be governed by federal regulations, which could increase the cost of development, critics say.
The agency is reviewing public comments for its 2017 proposal to rescind the rule, and is working with the Army Corps of Engineers to develop a potential replacement rule that would redefine “waters of the United States.” The rule has been slowed by legal challenges, with the U.S. Court of Appeals for the Sixth Circuit having issued a nationwide stay of the rule before the planned August 2015 implementation.
The Supreme Court determined last month that federal circuit courts do not have original jurisdiction to review the challenges, which should be adjudicated by district courts. The delay and the agency’s intent to repeal and replace the rule “provides much needed certainty and clarity to the regulated community during the ongoing regulatory process,” the EPA said in a press release.
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.
