EPA Reopens WOTUS Rulemaking Amid Local Housing and Planning Lawsuits
What happened
The EPA reopened the WOTUS rulemaking process, which could result in a narrower framework but continues to create uncertainty for permittees. Separately, housing groups filed a lawsuit against the San Diego Association of Governments over its interpretation of Senate Bill 79, specifically challenging how the association protected areas near Solana Beach and Oceanside train stations from development. Furthermore, the state has urged the San Diego Superior Court to reinstate higher monthly penalties against Huntington Beach for housing plan non-compliance.
From mondaq.com
Why it matters
The WOTUS rulemaking affects permitting requirements and introduces uncertainty for infrastructure projects. The lawsuits challenge how regional planning mandates affect homebuilding and development near transit hubs in Oceanside and Solana Beach.
From mondaq.com
Who's involved
- EPAReleased the WOTUS rulemaking notice.
- San Diego Association of GovernmentsDefendant in a lawsuit challenging its interpretation of Senate Bill 79.
- Huntington BeachFacing state-urged increased fines for housing plan non-compliance.
- OceansideCity whose area is central to the lawsuit challenging development restrictions.
- Solana BeachCity whose area is central to the lawsuit challenging development restrictions.
Who could feel it
Possible knock-on effectsThese are possibilities Brind reasoned out, not predictions, and not advice. Most are not stated in any report.
- SkanskaSpeculative
Skanska might face altered permitting requirements for infrastructure contracts due to the WOTUS change.
- City of San DiegoSpeculative
The City of San Diego could face increased costs related to housing compliance lawsuits and regulatory actions.
- San Diego Association of GovernmentsSpeculative
The San Diego Association of Governments may face legal costs and challenges to its regional planning mandates.
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The entities involved
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EPA
defunct retail company
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City of San Diego
municipal government of San Diego, California, United States
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Oceanside
city in San Diego County, California, United States