January 5, 2022 - Vacatur of the Navigable Waters Protection Rule
The U.S. Army Corps of Engineers has issued a statement responding to the order from the U.S. District Court for the District of Arizona to vacate and remand the Navigable Waters Protection Rule. Read the full statement here for the Corps' response and important information on changes to the Regulatory permitting process.
November 2, 2021 - Updated National Wetland Plant List available in the Federal Register
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, is announcing the availability of the final 2020 National Wetland Plant List (NWPL). The Federal Register Notice for the 2020 NWPL update can be found here: https://www.federalregister.gov/documents/2021/11/02/2021-23891/national-wetland-plant-list
The NWPL provides plant species wetland indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of 2 November 2021 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at https://wetland-plants.sec.usace.army.mil/ (preferred browsers are Chrome and Firefox).
September 1, 2021 - Special Public Notice - Public Information Announcement Tropical Storm/Hurricane Ida Storm Damage Repair
Winds, storm surge, and flooding from Tropical Storm/Hurricane Ida are currently projected in Maryland, the District of Columbia, and Pennsylvania and threaten to result in severe flooding and other storm related damage. It is anticipated that owners of damaged property caused by Ida will want to conduct repair activities in the near future. A Public Notice has been posted at https://www.nab.usace.army.mil/Missions/Regulatory/Public-Notices/ to inform property owners of the U.S. Army Corps of Engineers (Corps) permit requirements for storm damage repairs proposed in the State of Maryland, the Commonwealth of Pennsylvania within the Baltimore, Philadelphia, and Pittsburgh District’s regulatory geographic boundaries, the District of Columbia, and certain military installations of northern Virginia (i.e., Fort Belvoir, Fort Myer, and the Pentagon).
The Corps has federal jurisdiction over activities that include dredging or construction in, over, under, or affecting navigable waters of the United States, certain excavation activities, and the placement of dredged or fill material into waters of the United States (including wetlands). Such activities may require a Department of the Army permit, in accordance with Title 33 of the Code of Federal Regulations, Parts 320-332. Please note that waters of the United States include all navigable waters, rivers, perennial and intermittent streams, tributaries, drainage courses, lakes, ponds, impoundments, and wetlands, which meet applicable federal criteria, regardless of their size.
July 30, 2021 – EPA and Army Announce Next Steps for Crafting Enduring Definition of Waters of the United States
The Environmental Protection Agency (EPA) and the Department of the Army (Army) have announced plans for upcoming community engagements to inform their efforts to revise the definition of “waters of the United States” (WOTUS). EPA and Army have stated a commitment to developing a reasonable, effective, and durable definition of WOTUS that protects public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and other industries.
EPA and Army are announcing a series of engagement opportunities, including an opportunity for stakeholders and the public to provide written recommendations and a series of public meetings in August to hear perspectives on the rulemaking. In addition, the agencies are initiating Federalism and Tribal consultations for the foundational rule. The agencies also intend to host a series of dialogues with state and Tribal co-regulators this fall to discuss both rulemakings.
The full announcement can be found here: https://www.epa.gov/newsreleases/epa-and-army-announce-next-steps-crafting-enduring-definition-waters-united-states.
For more information on submitting written recommendations or to register for the public meetings, see www.epa.gov/wotus.
June 25, 2021 – Issuance of the Pennsylvania State Programmatic General Permit – 6.
The U.S. Army Corps of Engineers, Baltimore, Philadelphia, and Pittsburgh Districts announced the issuance of the Pennsylvania State Programmatic General Permit (PASPGP-6) on June 25, 2021. PASPGP-6 will be effective July 1, 2021, expires June 30, 2026, and replaces the PASPGP-5 streamlined review process in Pennsylvania, which expires on June 30, 2021. View the Public Notice or the full PASPGP-6.
June 9, 2021 - EPA and Army Statement of Intent to Revise the Definition of Waters of the United States
On 9 June 2021, the Environmental Protection Agency and Department of the Army announced their intent to revise the definition of “waters of the United States” (WOTUS), to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. The EPA/Army press release can be accessed here: https://www.epa.gov/newsreleases/epa-army-announce-intent-revise-definition-wotus. Further details of the agencies’ plans, including opportunity for public participation can be accessed at: https://www.epa.gov/wotus/public-outreach-and-stakeholder-engagement-activities-forthcoming. For any questions, or additional information regarding either the Navigable Waters Protection Rule (NWPR) or WOTUS Rulemaking, see the EPA/Army website (https://www.epa.gov/wotus).
March 5, 2021 - Announcement of Regional Conditions for 16 of the 2021 Nationwide Permits
On March 5, 2021, the U.S. Army Corps of Engineers, Baltimore District, announced the Regional Conditions for 16 of the 2021 Nationwide Permits announced earlier this year. View the Public Notice along with the Regional Conditions for Maryland, the Commonwealth of Pennsylvania, and the District of Columbia.
January 13, 2021 - Reissuance of 12 Nationwide Permits
On January 13, 2021, the U.S. Army Corps of Engineers published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. These 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026. View the Public Notice of the reissuance announcement, including the full list of new and reissued Nationwide Permits.