• 23 January 2023 – Federal Agencies Solicit Comments on Draft Changes to 2022 National Wetland Plant List

    On 20 January 2023, the U.S. Army Corps of Engineers (USACE), 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, announced the availability of the draft changes to the 2022 National Wetland Plant List (NWPL) and its web address to solicit public comments. Learn more on the NWPL homepage: https://wetland-plants.sec.usace.army.mil.
  • 18 January 2023 - Final Revised Definition of "Waters of the United States"

    On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced the final "Revised Definition of 'Waters of the United States'" rule. On January 18, 2023, the rule was published in the Federal Register; the rule will be effective on March 20, 2023.
  • 1 December 2022 – Release of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams

    The U.S. Army Corps of Engineers and EPA jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and its accompanying data sheet, and are requesting comments and feedback from the public and practitioners via the public notice available at https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll15/id/756.
  • 7 September 2022 – National Recruitment Event, September 14-15, 2022

    The U.S. Army Corps of Engineers Regulatory Program is hosting its first regulatory-specific national recruitment event on September 14 - 15, 2022, from 10:30 a.m. to -7:00 p.m. (Eastern Time).
  • 27 April 2022 – Water Quality Certifications and USACE Permitting

    On April 6, 2022, the U.S. Supreme Court issued a stay of the October 2021 order by the U.S. District Court for the Northern District of California that vacated EPA’s 2020 Clean Water Act Section 401 Certification Rule.
  • 5 April 2022 – Army Corps of Engineers Announces the Release of Automated Wetland Determination Data Sheets (ADS)

    The U.S. Army Corps of Engineers (USACE) announces the release of the ENG Forms 6116 (1-9), Automated Wetland Determination Data Sheet (ADS), and the associated “User Guide for Automated Wetland Determination Data Sheets.” These documents are available at the USACE Regulatory Headquarters website in both Portable Document Format (PDF) and Microsoft Excel (Excel) file formats. Practitioners should, at a minimum, utilize the PDF versions of the Office of Management and Budget approved forms to document the presence or absence of wetlands for the applications related to the administration of the Clean Water Act (CWA) and the Rivers and Harbors Act (RHA). The Excel-based ADS is an optional tool. However, the PDF versions do not provide the automated features found in the Excel-based versions.
  • 28 March 2022 – Army announces a formal review of Nationwide Permit 12

    The Department of the Army announced the publishing of a Federal Register notice to initiate a formal review of Nationwide Permit (NWP) 12 for Oil or Natural Gas Pipeline Activities. This review includes a series of public and tribal virtual meetings in May 2022 to gather input to inform future potential decision-making related to NWP 12 as well as a public docket to gather written comments during a 60-day comment period
  • 5 January 2022 – Navigable Waters Protection Rule Vacatur

    The Environmental Protection Agency and U.S. Army Corps of Engineers (“the agencies”) are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. In light of this order, the agencies have halted implementation of the Navigable Waters Protection Rule (“NWPR”) nationwide and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. The agencies are working expeditiously to move forward with the rulemakings announced on June 9, 2021, in order to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The agencies remain committed to crafting a durable definition of “waters of the United States” that is informed by diverse perspectives and based on an inclusive foundation.
  • 27 December 2021 - Army Corps of Engineers announces new and revised nationwide permits

    27 December 2021 - Army Corps of Engineers announces new and revised nationwide permits U.S. Army Corps of Engineers published a final rule in the Federal Register that reissues 40 nationwide permits and issues one new nationwide permit for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10
  • 2 December 2021 - Water Quality Certifications and Corps Permitting

    On October 21, 2021 the U.S. District Court for the Northern District of California issued an order vacating and remanding the Environmental Protection Agency’s 2020 regulations implementing Section 401 of the Clean Water Act.  On November 18, 2021, after a temporary pause on permit decisions reliant on a Section 401 water quality certification or