US Army Corps of Engineers

Archive Announcements

  • 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 actions underway.  The agencies are pursuing a two-step rulemaking process in response to the February 2017 Executive Order 13778 calling on the agencies to review the final 2015 Rule and publish for notice and comment a proposed rule rescinding or revising the rule.  The agencies are currently reviewing the nearly 800,000 public comments received on the first step to rescind the 2015 Rule and re-codify the prior regulations. In addition, the agencies published on February 14, 2019, a proposed rule to revise the definition of “waters of the United States." 
  • 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 February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019. More information including a pre-publication version of the Federal Register notice, the supporting analyses and fact sheets are available at: and
  • 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 to restore rivers and streams.

  • 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 U.S. territories. Parties to the case, including the EPA and the Army, have filed motions appealing the order and seeking a stay of the district court’s decision. While the litigation continues, the agencies are complying with the district court’s order, and implementation issues that arise are being handled on a case-by-case basis. The agencies recognize the uncertainty this decision has created and are committed to working closely with states and stakeholders to provide updated information on an ongoing basis regarding which rules are in place in which states. If a state, tribe, or an entity has specific questions about a pending jurisdictional determination or permit, please contact a local U.S. Army Corps of Engineers District office or the EPA.
  • 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 proposal is available here. The proposal is scheduled to be published in the Federal Register in a few days. The public comment period will not begin until the proposal is published in the Federal Register.
  • 18 Apr 2016  - The U.S. Army Corps of Engineers, 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, published the final biennial update to the National Wetland Plant List (NWPL) in the federal register.  All comments have been evaluated and final indicator statuses have been set. The 2016 NWPL list will become effective on 1 May 2016. For more information click here.
  • 2 November 2015 - The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a report examining the implementation of the 2008 regulations governing compensatory mitigation offsetting losses of jurisdictional waters and wetlands authorized by Department of the Army permits. This retrospective focuses on the administrative aspects of executing the 2008 Mitigation Rule, and it examines five years of summary data on permitted impacts, compensatory mitigation requirements, and approvals of mitigation banks and in-lieu fee programs. For more information click here.
  • 9 October 2015 - the Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule.  Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. USACE and EPA are evaluating the order and its implications for the litigation that is currently pending in district courts.  In the meantime, USACE is not implementing the Clean Water Rule, and is using the 1986 regulations and applicable guidance (those in effect prior to August 28, 2015) in making jurisdictional determinations or taking other actions based on the definition of "waters of the United States."
  • 14 Sep 2015 - The U.S. Army Corps of Engineers, 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, announces the proposed annual update to the National Wetland Plant List (NWPL) for 2015 in the Federal Register.  In addition to commenting on the proposed updates, the public will also be provided the opportunity to comment on the proposed process for future updates to the NWPL, which includes a proposed timeline for future updates on a biennial cycle.  Comments are requested to provided via the NWPL website (located under NWPL Publications/Documents, Wetland Ratings, Proposed FR NWPL 2015 Update section) by 13 November 2015.  For more information click here.
  • 18 August 2015 - On January 30, 2015, the President issued Executive Order (EO) 13690: Establishing of a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input. The EO amends existing EO 11988: Floodplain Management originally issued in 1977, to include the Federal Flood Risk Management Standard (FFRMS). Once implemented, the FFRMS will assist in reducing the risk and cost of future flood disasters by ensuring that Federal investments in and affecting floodplains are constructed to better withstand the impacts of flooding. Frequently asked questions were received regarding the intended scope of the President’s FFRMS and the anticipated impacts to the USACE Regulatory Program. The Applicability of Floodplain Management and FFRMS Executive Orders to USACE Permitting Authorities was developed to provide clarification in this regard.
  • 29 January 2015Memorandum withdrawing the 25 Mar 2014 Interpretative Rule Regarding the Applicability of Clean Water Act Section 404(f)(l)(A). For additional information click here.
  • 3 December 2014 - The U.S. Army Corps of Engineers has received a final biological opinion from National Oceanic and Atmospheric Administration Fisheries on the USACE nationwide permits that were reissued on Feb. 13, 2012, and went into effect on March 19, 2012. The biological opinion was issued on Nov. 24, 2014, and it concludes the re-initiated programmatic consultation on the Endangered Species Act that began in July 2012 between the two agencies. To view the biological opinion click here. For more general information click here.