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  • 22 Jun 2020 - Navigable Waters Protection Rule becomes effective

    The Environmental Protection Agency and the Department of the Army’s Navigable Waters Protection Rule (NWPR):  Definition of “Waters of the United States” became effective on June 22, 2020 in 49 states and all US territories. A preliminary injunction has been granted for the state of Colorado.  Federal jurisdiction in Colorado will be determined

  • 22 May 2020 - Final 2018 National Wetland Plant List

    The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service and U.S. Department of Agriculture Natural Resources Conservation Service, announce the availability of the final 2018 National Wetland Plant List (NWPL) in the Federal Register

  • 21 April 2020 - EPA and Army Publish the Navigable Waters Protection Rule

    The Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. The Navigable Waters Protection Rule includes four simple

  • 28 Jan 2020 - NRCS and Army rescind 2005 joint memorandum

    The Natural Resources Conservation Service (NRCS) and the Deputy Assistant Secretary of the Army have provided written notice to rescind the 2005 joint memorandum titled "Guidance on Conduction Wetland Determinations for the Food Security Act of 1985 and Section 404 of the Clean Water Act".  This rescission is effective immediately. This rescission

  • 23 January 2020 - ​EPA and Army announce new rule defining waters of the U.S.

    The Environmental Protection Agency and Department of the Army today finalized the Navigable Waters Protection Rule that defines “waters of the United States” (WOTUS) and clarifies the limits of federal control under the Clean Water Act. This rule and existing state, local, and tribal regulations and programs will provide a network of coverage for

  • 23 December 2019 - Effective December 23, 2019 the EPA and Army will Implement the "Definition of 'Waters of the United States' - Recodification of Pre-Existing Rules"

    The Environmental Protection Agency and Department of the Army published a final rule to repeal the 2015 Clean Water Rule (2015 Rule) and re-codify the regulatory text defining "waters of the United States" that existed prior to 2015.  The rule is available on the Federal Register.  The rule is effective on December 23, 2019.  The agencies will

  • 22 October 2019 - EPA and Army Publish Rule to Repeal 2015 "Waters of the U.S." Definition

    The Environmental Protection Agency and Department of the Army have published a rule to repeal the 2015 Clean Water Rule and re-codify the regulatory text defining "waters of the United States" (WOTUS) that existed prior to 2015.  The rule is available on the Federal Register.  The rule will become effective on December 23, 2019.  On this date, the

  • 12 September 2019 - EPA and Army sign new rule to repeal the 2015 Clean Water Rule

    Today the Environmental Protection Agency and Department of the Army signed a new rule to repeal the 2015 Clean Water Rule and restore the regulatory regime that existed prior to the 2015 Clean Water Rule.  Today's new rule is in keeping with President Trump’s Executive Order 13778, “Restoring the Rule of Law, Federalism, and Economic Growth by

  • 07 August 2019 - Regulatory Guidance Letter 19-02

    (Timeframes for Clean Water Act Section 401 Water Quality Certifications and Clarification of Waiver Responsibility)  The Assistant Secretary of the Army for Civil Works has announced the issuance of the USACE Regulatory Guidance Letter (RGL) 19-02. This RGL provides guidance to USACE district engineers to clarify timeframes improve efficiency for

  • 29 July 2019 - Definition of "Waters of the United States": Rule Status and Litigation Update

    In February 2018, the U.S. Environmental Protection Agency (EPA) and Department of the Army (Army) (“the agencies”) finalized a rule that would establish an applicability date of February 2020 for the  2015 Rule defining “waters of the United States.” Since then, the U.S. District Courts for the District of South Carolina and the Southern District