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  • The Assistant Secretary of the Army for Civil Works has announced the issuance of the USACE Regulatory Guidance Letter (RGL) 19-01. This RGL provides guidance to USACE district engineers on credit release schedule for mitigation banks and on using consistent criteria to establish service areas for b

    The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The notice is available

  • 7 January 2019 - EPA and Army Postpone Public Hearing on Proposed New "Waters of the United States" Definition

     Due to the lapse in appropriations for the U.S. Environmental Protection Agency (EPA), EPA and the Department of the Army (Army) have postponed the planned January 23 public hearing on the proposed new "Waters of the United States" definition until after appropriations have passed to fund the EPA. Publication of the proposed rule in the Federal

  • 11 December 2018 - EPA and Army Propose New "Waters of the United States" Definition

    The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the

  • 2 October 2018 - Regulatory Guidance Letter 18-01 (Compensatory mitigation credits for removal of obsolete dams and other structures from rivers and streams)

    The Assistant Secretary of the Army for Civil Works has announced the issuance of the USACE Regulatory Guidance Letter (RGL) 18-01. This RGL provides guidance to USACE district engineers on the factors they should consider when determining the amount of compensatory mitigation credit generated from the removal of obsolete dams or other structures

  • 16 August 2018 - Definition of "Waters of the United States": Rule Status and Litigation Update

    The EPA and the Army continue to review the U.S. District Court for the District of South Carolina’s decision to vacate and nationally enjoin the agencies’ final rule that added an applicability date to the 2015 Clean Water Rule. Pursuant to the court’s order, the 2015 Clean Water Rule is now in effect in 22 states, the District of Columbia and the

  • 20 May 2016

    The U.S. Army Corps of Engineers (USACE) announced today that it has prepared its proposal to renew and revise 50 nationwide permits. In addition, USACE will propose to issue two new nationwide permits that pertain to authorizing the removal of low-head dams and the construction and maintenance of living shorelines. A pre-publication copy of the

  • 18 Apr 2016

    The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources Conservation Service, published the final biennial update to the National Wetland Plant List (NWPL) in the federal register.  All comments

  • 2 November 2015

    The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a report examining the implementation of the 2008 regulations governing compensatory mitigation offsetting losses of jurisdictional waters and wetlands authorized by Department of the Army permits. This retrospective focuses on the administrative aspects of

  • 9 October 2015

    the Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule.  Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. USACE and EPA are evaluating the order and its implications for the litigation that is currently

  • 14 Sep 2015

    The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources Conservation Service, announces the proposed annual update to the National Wetland Plant List (NWPL) for 2015 in the Federal Register.  In