Tag: CWA

6th Circuit Court Vacates WOTUS Rule Stay

6th Circuit Court Vacates WOTUS Rule Stay

There is a new development in the never-ending saga that is the 2015 Clean Water Rule. Today, the 6th Circuit took the formal action of vacating its temporary injunction and dismissing all of the challenges to the rule.

Continue Reading »

WOTUS Rule Definitions on the Way Out

Filed in Environmental, Land Development by on June 27, 2017 5 Comments
WOTUS Rule Definitions on the Way Out

The EPA and Army Corps of Engineers today proposed to replace the 2015 definition of the term “waters of the United States” (the Clean Water Rule) with the 1986 text.

Continue Reading »

WOTUS: What’s Next

Filed in Codes and Regulations, Environmental by on March 3, 2017 2 Comments
WOTUS: What’s Next

Now that President Trump has ordered an extensive review of the “waters of the United States” definitions in the Clean Water Act, many NAHB members have questions about how this executive order changes the stormwater and wetlands permitting processes they have been following all along – and what the next steps are. Here’s a few answers.

Continue Reading »

Corps Letter Clarifies JDs for Wetlands Permits

Corps Letter Clarifies JDs for Wetlands Permits

The U.S. Army Corps of Engineers this week issued a Regulatory Guidance Letter in response to the U.S. Supreme Court’s decision in Hawkes v. United States that clarifies the issues surrounding a jurisdictional determination, in which the Corps decides whether a piece of land should be subject to federal oversight under the Clean Water Act.

Continue Reading »

NAHB, Sen. Inhofe Seek Quick Action on WOTUS

Filed in Capitol Hill, Codes and Regulations, Environmental by on September 20, 2016 2 Comments
NAHB, Sen. Inhofe Seek Quick Action on WOTUS

NAHB and Republican members of the U.S. Senate Committee on Environment and Public Works today called on 11 senators “to protect farmers, ranchers, water utilities, local governments, and contractors” and put a stop to the regulatory overreach seen in the Waters of the U.S. rule.

Continue Reading »

NAHB, HBRAM Ask Court to Review MS4 Permit

Filed in Codes and Regulations, Environmental, Legal by on August 25, 2016 0 Comments
NAHB, HBRAM Ask Court to Review MS4 Permit

With its municipal separate storm sewer system permit for the Commonwealth of Massachusetts, the Environmental Protection Agency is coming very close to regulating the number of homes that can be built on a site, and how the roads and driveways of a project must be laid out.

Continue Reading »

Streamlined Clean Water Act Permits in Jeopardy

Streamlined Clean Water Act Permits in Jeopardy

While a new definition for “waters of the United States” is still on hold, it’s the elephant in the room for home builders and developers, NAHB told the Army Corps of Engineers in response to its proposal to reissue Clean Water Act Section 404 nationwide permits.

Continue Reading »

Federal Fines to Jump Aug. 1

Filed in Codes and Regulations, Environmental, Legal by on July 25, 2016 8 Comments
Federal Fines to Jump Aug. 1

It always pays to follow the law. But after Aug. 1, it’s going to be even more expensive not to: That’s when federal agencies will begin increasing fines for non-compliance in a big way.

Continue Reading »

Regulatory Nightmare Continues After Nearly 3 Decades

One developer’s ongoing attempts to obtain a Clean Water Act permit is a prime example of why Congress must take action to prevent the Environmental Protection Agency and U.S. Army Corps of Engineers’ final “waters of the U.S.” rule from being implemented.

Continue Reading »

Supreme Court to Rule on Wetland Determination

Supreme Court to Rule on Wetland Determination

The Supreme Court heard arguments Wednesday in Hawkes Co. v. U.S. Army Corps of Engineers concerning whether an approved “jurisdictional determination” (J.D.) made under the Clean Water Act is a “final agency action” and able to be challenged in court. The Corps has long argued that a J.D. is not final agency action because it does not alter a landowner’s legal rights and obligations. But a J.D. explains which parts of their property are considered “waters of the U.S.” and require a Corps permit before it can be developed by the property owner.

Continue Reading »