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
| Feb 23, 2012
New Virginia statewide building code goes into effect March 1
After March 1, all building plans in Virginia must adhere to the 2009 code that was adopted a year ago.
| Feb 17, 2012
AGC advocates for federal procurement reform
Ensure that small business goals take into consideration actual small business capacity in relevant specialty markets.
| Feb 17, 2012
Codes not to blame for Anchorage roof collapses following heavy snows
Design or construction problems likely contributed to the collapses, according to city officials.
| Feb 17, 2012
Comment period opens March 1 for LEED 2012 update
USGBC says that LEED's strength comes from its continuous evolution.
| Feb 17, 2012
OSHA training videos on proper respirator use available online
17 short videos to help workers learn about the proper use of respirators on the job.
| Feb 15, 2012
Code allowance offers retailers and commercial building owners increased energy savings and reduced construction costs
Specifying air curtains as energy-saving, cost-cutting alternatives to vestibules in 3,000-square-foot buildings and larger has been a recent trend among consulting engineers and architects.
| Feb 9, 2012
Initiative to sell off under-used federal property gaining momentum
The bill is similar to a White House planto cut $8 billion worth of building costs by the end of the 2012 fiscal year, and to establish a panel to identify other sites worth selling or donating to nonprofits or state and local governments.
| Feb 9, 2012
Computer tool helps engineers design roof cladding using Canada's building code
Easier to design roof cladding that can withstand winds in a given area.
| Feb 9, 2012
Webinar focuses on lessons learned from LEED-certified industrial project
This case study will focus on strategies used to save the client money, achieve certification, and effectively market success once the project was complete.
| Feb 9, 2012
Rapid growth of zero energy buildings expected
Much of that growth will be in the European Union, where near-zero energy buildings are mandated by 2019 for public buildings, and by 2021 for all construction.
