Climate-Proofing Our Infrastructure: Building Climate Resilience with the Army Corps of Engineers
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The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a March 6th Public Notice stating that it is proposing to reissue Department of the Army General Permit 32 (“GP32”)....more
The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more
Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more
Dear YouDig?, We bought a gorgeous waterfront lot on the shores of Lake Erie near the adventurous Lake Erie Islands. We love being on the water and we love boating so naturally we wanted our own dock and breakwall. Turns...more
The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more
The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more
On December 3, 2020, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and other agencies (collectively, “Agencies”) announced an update to the standard Bank...more
N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) - Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP...more
Did the Army Corps of Engineers (Corps) violate the National Environmental Policy Act (NEPA) by not engaging with U.S. Fish and Wildlife in an Endangered Species Act (ESA) consultation prior to reauthorizing Nationwide Permit...more
The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a September 6th Public Notice referencing an after-the-fact Clean Water Act Section 404 permit application by LJL Investments, LLC (“LJL”). ...more
The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an August 14th Public Notice (“Notice”) regarding an application by the Union Pacific Railroad (“UPR”) for a Clean Water Act 404 Permit for work...more
Waterkeeper Alliance, Inc. and several other environmental organizations (collectively “Waterkeeper”) filed a December 19th Petition for Review of Agency Action (“Petition”) in the United States District Court for the...more
The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an October 29th Public Notice referencing a Section 404 Clean Water Application by the Southwest Arkansas Regional Intermodal Authority...more
The United States Corps of Engineers (“Corps”) (Vicksburg District) issued an August 17th public notice referencing an application for a Section 404 permit to undertake sand and gravel mining and processing at sites in...more
The United States Army Corps of Engineers (Vicksburg District)(“Corps”) issued a May 17th public notice regarding a Section 404 Clean Water Act application for a Saline County, Arkansas project. The Benton, Arkansas Street...more
In a recent blog post, we described the basic statutory and regulatory framework supporting the increasing popularity of mitigation banking. In this update, we offer some additional observations for property owners and other...more
On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...more