It's Legal

McElfish Jr., James H.
August 2006
Planning;Aug/Sep2006, Vol. 72 Issue 8, p18
Trade Publication
The article focuses on some key changes to U.S. environmental laws and regulations that will be of interest to planners, lawyers, and others engaged in land-use decisions. Recent Supreme Court cases held that permits were needed in order to change land with wetland characteristics that is also adjacent to tributaries of navigable waters. In March 2006, The Corps of Engineers and the Environmental Protection Agency published proposed mitigation regulations in the Federal Register that would place mitigation banking and on-site mitigation on the same level, and would eliminate in-lieu fee mitigation over a five-year period. In addition, the final rule under the Small Business Relief and Brownfields Revitalization Act of 2002 would take effect in November 2006.


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