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  • 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

  • 18 June 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

  • 17 June 2019 - Public comment period on National Wetland Plant List for 2018

    The U.S. Army Corps of Engineers (USACE) as part of an interagency effort is accepting comments on the draft biennial update to the National Wetland Plant List (NWPL) for 2018. The draft update was published in the June 10, 2019 Federal Register and allows for public comment on the proposed update or addition of wetland indicator status ratings for

  • 11 March 2019 - Definition of "Waters of the United States"

    Rule Status and Litigation Update The U.S. Environmental Protection Agency and the Department of the Army are disappointed by the district courts’ rulings which leaves a confusing patchwork of authority in place across the country.  Rather than continuing to litigate the Applicability Date Rule, the agencies have decided to focus on the rulemaking