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  • 12 April 2023 - Definition of "Waters of the United States": Rule Status and Litigation Update

    On December 30, 2022, the Environmental Protection Agency and the U.S. Department of the Army (“the agencies”) announced the final "Revised Definition of 'Waters of the United States'" rule. On January 18, 2023, the rule was published in the Federal Register, and the rule took effect on March 20, 2023.

  • 20 March 2023 - Final Revised Definition of "Waters of the United States" Becomes Effective

    On 20 March 2023, the final "Revised Definition of 'Waters of the United States'" rule (the “2023 Rule”) became effective. The 2023 Rule is operative in all U.S. jurisdictions except the states of Idaho and Texas.

  • 19 January 2023 – USACE and the U.S. Coast Guard execute a new MOU on navigable waters of the United States

    On 19 January 2023, the U.S. Army Corps of Engineers (Corps) Regulatory Program and the U.S. Coast Guard (Coast Guard) executed a new Memorandum of Understanding on agency reviews of bridge and causeway projects over, in, or affecting navigable waters of the United States. 

  • 23 January 2023 – Federal Agencies Solicit Comments on Draft Changes to 2022 National Wetland Plant List

    On 20 January 2023, the U.S. Army Corps of Engineers (USACE), 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, announced the availability of the draft changes to the 2022 National Wetland Plant List (NWPL) and its web address to solicit public comments. Learn more on the NWPL homepage: https://wetland-plants.sec.usace.army.mil.

  • 18 January 2023 - Final Revised Definition of "Waters of the United States"

    On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced the final "Revised Definition of 'Waters of the United States'" rule. On January 18, 2023, the rule was published in the Federal Register; the rule will be effective on March 20, 2023.

  • 1 December 2022 – Release of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams

    The U.S. Army Corps of Engineers and EPA jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and its accompanying data sheet, and are requesting comments and feedback from the public and practitioners via the public notice available at https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll15/id/756.

  • 7 September 2022 – National Recruitment Event, September 14-15, 2022

    The U.S. Army Corps of Engineers Regulatory Program is hosting its first regulatory-specific national recruitment event on September 14 - 15, 2022, from 10:30 a.m. to -7:00 p.m. (Eastern Time).

  • 27 April 2022 – Water Quality Certifications and USACE Permitting

    On April 6, 2022, the U.S. Supreme Court issued a stay of the October 2021 order by the U.S. District Court for the Northern District of California that vacated EPA’s 2020 Clean Water Act Section 401 Certification Rule.

  • 5 April 2022 – Army Corps of Engineers Announces the Release of Automated Wetland Determination Data Sheets (ADS)

    The U.S. Army Corps of Engineers (USACE) announces the release of the ENG Forms 6116 (1-9), Automated Wetland Determination Data Sheet (ADS), and the associated “User Guide for Automated Wetland Determination Data Sheets.” These documents are available at the USACE Regulatory Headquarters website in both Portable Document Format (PDF) and Microsoft Excel (Excel) file formats. Practitioners should, at a minimum, utilize the PDF versions of the Office of Management and Budget approved forms to document the presence or absence of wetlands for the applications related to the administration of the Clean Water Act (CWA) and the Rivers and Harbors Act (RHA). The Excel-based ADS is an optional tool. However, the PDF versions do not provide the automated features found in the Excel-based versions.

  • 28 March 2022 – Army announces a formal review of Nationwide Permit 12

    The Department of the Army announced the publishing of a Federal Register notice to initiate a formal review of Nationwide Permit (NWP) 12 for Oil or Natural Gas Pipeline Activities. This review includes a series of public and tribal virtual meetings in May 2022 to gather input to inform future potential decision-making related to NWP 12 as well as a public docket to gather written comments during a 60-day comment period