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U.S. Army Corps Permitting: Proposed Revocation of Historic Properties Regulation

The US Army Corps of Engineers (USACE) recently issued a proposed rule (the Proposed Rule) that, if finalized, will change the regulations applicable to the agency’s compliance with the National Historic Preservation Act...more

Biden Administration Finalizes Redefinition of "Waters of the United States"

On December 30, 2022, the Environmental Protection Agency and the United States Army Corps of Engineers announced their finalization of the agencies’ redefinition of the Clean Water Act’s “waters of the United States” phrase,...more

Army Corps Issues Notice of Nationwide Permit 12 Review and Seeks Stakeholder Input

On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review...more

USACE Changes Course on CWA Approved Jurisdictional Determinations

On January 5, 2022, the United States Army Corps of Engineers (USACE) announced that Approved Jurisdictional Determinations (AJDs) issued before August 30, 2021, are no longer valid for new permit decisions. USACE uses AJDs...more

EPA and Army Say they are Staying in the Comfort Zone with the Proposed Revision to the Definition of "Waters of the United...

On November 18, 2021, EPA and the Department of the Army released their anticipated proposed revision to the definition of “waters of the United States” (WOTUS) – which phrase governs the geographic reach of the Clean Water...more

Navigable Waters Protection Rule Vacated—EPA & Corps to Treat Vacatur as Nationwide

The Navigable Waters Protection Rule was recently vacated by the Federal District Court of Arizona, and the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have signaled their intent to treat the...more

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