A case before the Supreme Court will likely determine how the Clean Water Act is interpreted and the ruling could open up new areas for development within or adjacent to wetlands.
Late last year, the Biden administration issued a new definition of “waters of the United States,” which broadened the numbers of streams and wetlands subject to regulations of the Act. States and national advocacy groups have sued to reverse that provision, and a federal judge has halted it in 24 states.
A case before the Supreme Court, Sackett v. Environmental Protection Agency, may settle the issue. Environmental advocates worry that the justices will gut the Clean Water Act by imposing a narrow reading on what counts as one of the “waters of the United States.”
The court could decide that the federal government doesn’t have authority to protect as many as of half of the country’s wetlands. That action could make many more acres of land nationwide available to developers.
The director of federal water policy at the Natural Resources Defense Council told Grist that the case’s impact is “hard to overstate.” It could make it a “huge problem” to achieve the organization’s water quality goals, he said.
But real estate developers would cheer such an outcome as it would eliminate uncertainty over which areas are subject to the Act, and how they could build on parcels in wetlands areas.
Related Stories
| Mar 22, 2012
Public agencies shouldn’t negotiate project labor agreements, says AGC official
When a public agency rather than the contractor negotiates a PLA with unions, it interferes with the right of employers and workers to reach their own agreements on working conditions and benefits, says Steve Isenhart, president of the Associated General Contractors of Washington.
| Mar 22, 2012
Proposed rule would let crane operators get licenses without prior city experience
The Bloomberg administration is considering letting operators of giant tower cranes get their license without requiring that they first run cranes as apprentices in the city for three years.
| Mar 22, 2012
Bill would reintroduce “opt-out” provision in lead paint law
The Lead Exposure Reduction Amendments Act of 2012 (S2148) would restore the "Opt-Out" provision removed from the Environmental Protection Agency's Lead Renovate, Repair and Painting (LRRP) rule in April 2010.
| Mar 15, 2012
Tenant advocates propose licensing landlords in New York City
With thousands of New York City rental units posing potential dangers to tenants, city advocates are proposing measures to make landlords improve building safety.
| Mar 15, 2012
Construction industry a big winner in federal small disadvantaged business procurement
Last year, only 5% of federal contract dollars went to small disadvantaged businesses. Construction and facilities support firms were the biggest beneficiaries.
| Mar 8, 2012
Federal silica dust rule caught in bureaucratic limbo
A federal rule meant to protect the lungs of workers has been caught in bureaucratic purgatory for more than a year.
| Mar 1, 2012
EPA beefs up stormwater discharge rule from construction projects
The U.S. Environmental Protection Agency (EPA) has now finalized its 2012 construction general permit (CGP) that authorizes stormwater discharges from construction projects that disturb one or more acres of land in the areas where EPA is the permitting authority.
| Mar 1, 2012
Regulators investigate structural failures during construction of two Ohio casinos
Regulators with the Occupational Safety & Health Administration and the city of Cincinnati are investigatingthe collapse of the second floor of Cincinnati's Horseshoe Casino as workers were pouring concrete.
| Feb 23, 2012
Federal budget cuts put major building projects on hold
A plan to build the National Bio and Agro-Defense Facility in Kansas is among several major building projects in jeopardy after the Obama administration’s 2013 budget was unveiled. The budget would cut all construction spending for the facility.
| Feb 23, 2012
Federal agencies fixed on leasing LEED-certified space
The federal government is especially focused on renting LEED-certified spaces.
