Announcements

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26 May 2023
26 May 2023 - Supreme Court Ruling in Sackett v. Environmental Protection Agency
The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies will interpret the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies continue to review the decision to determine next steps.
12 May 2023
12 May 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update
On April 12, 2023, a district court judge in North Dakota issued an order preliminarily enjoining in 24 States the 2023 rule issued by EPA and the Department of the Army defining “waters of the United States.” On May 10, 2023, the U.S. Court of Appeals for the Sixth Circuit issued an order granting the motions of Kentucky and plaintiffs-appellants for an injunction pending appeal of the district court's decision.
21 Apr 2023
21 April 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update
On April 12, 2023, a district court judge in North Dakota issued an order preliminarily enjoining in 24 States the 2023 rule issued by EPA and the Department of the Army defining “Waters of the United States.” On April 20, 2023, the U.S. Court of Appeals for the Sixth Circuit temporarily issued a stay of enforcement of the 2023 Rule until May 10, 2023.
12 Apr 2023
12 April 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update
On December 30, 2022, the Environmental Protection Agency 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, and the rule took effect on March 20, 2023.
20 Mar 2023
20 March 2023 - Final Revised Definition of "Waters of the United States" Becomes Effective
On 20 March 2023, the final "Revised Definition of 'Waters of the United States'" rule (the “2023 Rule”) became effective. The 2023 Rule is operative in all U.S. jurisdictions except the states of Idaho and Texas.
24 Feb 2023
19 January 2023 – USACE and the U.S. Coast Guard execute a new MOU on navigable waters of the United States
On 19 January 2023, the U.S. Army Corps of Engineers (Corps) Regulatory Program and the U.S. Coast Guard (Coast Guard) executed a new Memorandum of Understanding on agency reviews of bridge and causeway projects over, in, or affecting navigable waters of the United States.
23 Jan 2023
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.
3 Jan 2023
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 Dec 2022
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.
12 Sep 2022
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).