US Army Corps of Engineers

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EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction

Intended to clarify confusion from prior US Supreme Court decisions, the rules could have far-reaching implications for many stakeholders. The US Environmental Protection Agency (EPA) and the US Army Corps of...more

Clarification or More Regulation? Agencies Issue Proposed Waters of the United States Rulemaking

The United States Environmental Protection Agency (“EPA”) and United States Army Corps of Engineers (the “Corps”) on March 25, 2014 jointly issued a proposed rulemaking (Docket No. EPA-HQ-OW- 2011-0880) intended to clarify...more

Waters of the US: EPA Seeks Input to Clarify Scope of Clean Water Act

BB&K is Assembling a Coalition of Local Governments to Provide Input - The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) released a Proposed Rule designed to clarify their regulatory...more

Second District Addresses Interesting CEQA and CESA Species Mitigation Issues in Lengthy Partially Published Opinion Upholding...

In a lengthy, mostly published opinion filed on March 20, 2014, the Second District Court of Appeal reversed the trial court’s judgment granting a writ of mandate, and upheld – as against state law challenges brought by a...more

Obama Administration Releases Proposed Rule on "Waters of the United States"

The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency released a proposed rule that will impact many segments of the U.S. economy, greatly expanding future permitting requirements. The proposed rule...more

Clean Water Act Jurisdiction Proposed Rule Released: Would Expand Federal Jurisdiction over Streams and Wetlands

After several years of false starts, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) have released their proposed rule, Definition of 'Waters of the United States' Under the Clean Water Act,...more

EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where...

On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more

Clean Water Act Update: EPA and Army Corps Propose Significant Changes to the Definition of "Waters of the United States"

On March 25, 2014, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers announced the release of their proposed rule clarifying which waters will be governed by the federal water pollution laws. The...more

EPA And The Army Corps Announce A Proposed Rule To Clarify Wetlands And Tributary Jurisdiction

In a news release dated March 25th 2014, EPA and the Army Corps outlined a new proposed joint rule to clarify the scope and definition of the “waters of the United States” under the Clean Water Act in an attempt to address...more

U.S. Government Proposes Controversial Rulemaking Regarding the Clean Water Act

The proposed rule offers a definition of “waters of the United States” that expands the Clean Water Act’s jurisdiction. On March 25, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers...more

The EPA And The Corps Of Engineers Release Proposed Rule On The Scope Of Waters Covered Under The Clean Water Act

On March 25, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly released a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United...more

EPA and U.S. Army Corps of Engineers Propose to Expand Federal Jurisdiction over Waters and Wetlands

Expansive New Definition of “Waters of the United States” - On March 25, 2014, the United States Army Corps of Engineers and the United States Environmental Protection Agency, which share jurisdiction under the Clean...more

Fla. Case Provides Practicum On Arbitrability

The Middle District of Florida recently, in U.S. Surety Co. v. Edgar, provided a practicum on arbitrability jurisprudence under the Federal Arbitration Act, answering key questions about (1) whether nonsignatories to an...more

Draft Regulations Would Dramatically Expand Clean Water Act Jurisdiction

The Environmental Protection Agency and the Army Corps of Engineers have presented a draft of joint regulations under the Clean Water Act to the Office of Management and Budget for an internal governmental review. While the...more

Leaked Draft Rule Increases Federal Power Over Private Lands

Federal control over private lands would be expanded significantly under a proposed rule reportedly drafted by the Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("Corps"). Industry groups...more

“Waters of the U.S.” — What’s Not To Understand?

EPA and the Army Corps of Engineers continue their ongoing effort to bring clarity to the tangled mess wrought by the Supreme Court in Rapanos v. U. S. In that 2006 case, a fractured Court issued five separate opinions on the...more

US federal agencies to seek expanded Clean Water Act regulatory jurisdiction over aggregate mines and farmlands

The US Environmental Protection Agency (“EPA”) and the US Army Corps of Engineers (“Corps”) are poised to propose a new rule that would significantly expand their regulatory jurisdiction under the Clean Water Act. While many...more

Agencies Send OMB Draft Regulations Defining Clean Water Act Jurisdiction

After years of starts and stops, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers have drafted a proposed regulation that will significantly affect which waters are subject to regulation under the...more

Infrastructure Alert - October 16, 2013

The government shutdown has now entered its third week, and the debt limit has become a central part of negotiations. Many infrastructure programs have grinded to a halt, as inspections, environmental review and rule-making...more

Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects

A recent opinion from the U.S. Court of Appeals for the Seventh Circuit provides a useful roadmap for U.S. Army Corps of Engineers’ review of major infrastructure projects under Section 404 of the Clean Water Act. See...more

EPA And Corps Of Engineers Propose To Clarify Clean Water Act Jurisdiction

In mid-September, the U.S. Environmental Protection Agency and the Army Corps of Engineers jointly submitted a proposed rule to the White House Office of Management and Budget intended to clarify which waters and wetlands are...more

Army Pre-Qualifies Biomass Developers Under MATOC

On September 23, 2013, the U.S. Army Engineering & Support Center in Huntsville, Alabama, acting in conjunction with the Army Energy Initiatives Task Force, issued its final round of awards under the multi-award task order...more

Infrastructure Alert - September 17, 2013

Yesterday, Vice President Joe Biden and Transportation Secretary Anthony Foxx spoke at the Port of Charleston, S.C. Vice President Biden stressed that investing in infrastructure projects is vital for growing the middle class...more

Yes, Indeed, A Victory For Regulation Over Guidance

EPA’s used its blog today to announce that it and the Army Corps of Engineers have sent to OMB a draft rule clarifying the scope of jurisdiction under the Clean Water Act. It appears that EPA has finally given up on its...more

Florida Legislature Extends Deadline to Seek Permit Extensions to October 1, 2013

During the 2013 Regular Session, the Florida Legislature enacted a measure again extending the deadline for holders of certain specific development approvals to seek a two-year extension for these approvals. Pursuant to...more

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