18 Jun 2019

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 Jun 2019

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 Mar 2019

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

25 Feb 2019

25 February 2019 - Regulatory Guidance Letter 19-01 (Mitigation Bank Credit Release Schedules and Equivalency in Mitigation Bank and In-Lieu Fee Program Service Areas)

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 both mitigation banks and in-lieu fee programs.

14 Feb 2019

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 Jan 2019

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 Dec 2018

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 Oct 2018

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 Aug 2018

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

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