Tag: wetlands

EPA Seeks New Limits on Its Own Authority

Filed in Codes and Regulations, Environmental by on July 6, 2018 0 Comments
EPA Seeks New Limits on Its Own Authority

In a memo to the Environmental Protection Agency Office of Water, Administrator Scott Pruitt said he wants to limit and also clarify what authority EPA has to object during the normal Clean Water Act Section 404 permit review process that the agency conducts in conjunction with the Army Corps of Engineers.

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Trump Administration to Delay Obama-Era WOTUS Rule

Trump Administration to Delay Obama-Era WOTUS Rule

The Environmental Protection Agency today announced a two-year delay before the Obama-era “waters of the United States” rule is in effect – giving the agency more time to work with the U.S. Army Corps of Engineers and replace it with definitions that provide needed clarity for those regulated by the Clean Water Act.

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Supreme Court WOTUS Ruling a Win for NAHB

Supreme Court WOTUS Ruling a Win for NAHB

The Supreme Court today ruled that litigation over the controversial 2015 definition of what constitutes “waters of the United States” must be brought in to the federal district courts rather than circuit courts ─ a decision that will finally allow litigation over the rule to move forward.

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House Report Illustrates Need to Rescind WOTUS Rule

Filed in Capitol Hill, Environmental by on October 27, 2016 1 Comment
House Report Illustrates Need to Rescind WOTUS Rule

A new report released today by the House Oversight and Government Reform Committee on the waters of the U.S. rulemaking process reaffirms what NAHB has been saying for years: The rule is motivated by political considerations, it is not based on sound science and it bypassed the necessary public outreach required under the Administrative Procedures Act.

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NWP Deadline Nears with No Proposal in Sight

NAHB is growing more concerned that the U.S. Army Corps of Engineers has yet to propose a new Clean Water Act Section 404 Nationwide Permit, even though the ones now in effect are set to expire in 10 months.

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Corps Puts Plant List on More Predictable Path

Corps Puts Plant List on More Predictable Path

The Army Corps of Engineers has announced the availability of the 2016 National Wetland Plant List and – in response to NAHB’s request – established a process for future updates to the list that will make it more predictable and transparent.

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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.

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Supreme Court to Hear CWA Case

NAHB’s two-decade battle to right a federal regulation that can unnecessarily cost a home builder thousands of dollars is finally going to the U.S. Supreme Court. On Friday, the Court agreed to hear Army Corps of Engineers v. Hawkes, which concerns whether a jurisdictional determination made under the Clean Water Act is a “final agency action” under the Administrative Procedure Act, and thus subject to the federal permitting process before any development can take place.

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GAO Slams EPA Social Media Lobbying Efforts

Filed in Codes and Regulations, Environmental by on December 14, 2015 1 Comment

NAHB Chairman Tom Woods today issued the following statement on the ruling by the Government Accountability Office that found the Obama administration broke the law when it used social media to urge the general public to support the Environmental Protection Agency’s final rule defining “waters of the United States.”

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Senate Vote Another Hit to WOTUS Rule

Filed in Capitol Hill, Codes and Regulations, Environmental by on November 5, 2015 1 Comment
Senate Vote Another Hit to WOTUS Rule

While the Senate failed to secure the 60 votes needed to proceed to consideration of S. 1140, legislation that would have overturned EPA’s “Waters of the United States” rulemaking, it’s not all bad news. And more importantly, it exemplifies the strength of the NAHB Federation.

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