US Army Corps of Engineers

News & Analysis as of

Corrective Action Catch 22: Court of Federal Claims Holds Agency Action Must Be Rational Even If GAO Protest Decision Was Not.

The United States Court of Federal Claims’ July 15, 2014 decision in RUSH Construction, Inc. v. United States, reflects the unusual circumstance in which the court effectively sat in appellate review of an earlier bid protest...more

Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more

Fifth Circuit Holds that the Army Corps of Engineers' Jurisdictional Determination Does Not Constitute a Reviewable "Final Agency...

On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more

More on the Reach of Sackett: Corps Jurisdictional Determinations Are Not Final Agency Action

Early last month, we noted that the decision in Luminant v. EPA suggested that the reach of the Supreme Court decision in Sackett is not unlimited. The Court of Appeals for the 5th Circuit agrees. In Belle Company v. Corps of...more

Fifth Circuit Rejects Application of Sackett to Corps’ Jurisdictional Determination

In Belle Company, LLC et al v. USACE, No. 13-30262 (July 30, 2014), the Fifth Circuit rejected an effort to apply the Supreme Court’s decision in Sackett v. EPA, 132 S. Ct. 1367 (2012), to a determination by the Army Corps of...more

D.C. Circuit Validates EPA’s Consultation Process for Reviewing Clean Water Act Permits

On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United...more

New Definition of Waters Protected Under the Clean Water Act Proposed

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have proposed a new rule defining the scope of waters protected under the Clean Water Act (CWA)....more

Environmental Protection Agency and U.S. Army Corps of Engineers Proposed Rule Defining “Waters of the United States” Under the...

On April 21, 2014, the United States Army Corps of Engineers and the Environmental Protection Agency (collectively the “Agencies”) released a proposed rule to define the scope of waters protected under the Clean Water Act...more

Seventh Circuit Holds Federal Agencies Can Be Sued for Public Nuisance, But Affirms Dismissal of Claim

On July 14, 2014, the Seventh Circuit decided Michigan et al. v. U.S. Army Corps of Engineers et al. (Wood, C.J., writing for a unanimous panel). While the court ultimately affirmed dismissal of the underlying action, the...more

The Clean Water Act - Is groundwater included?

There has been much controversy in the courts as to whether groundwater can be defined as “navigable waters” under the Clean Water Act. Courts are split on this decision, with equal numbers of rulings on both sides. One...more

The D.C. Circuit Rejects Challenge to EPA’s Final Guidance on CWA Coal Mining Permits: EPA Action Has to Be Really, Really, Final...

On Friday, the D.C. Circuit reversed Judge Reggie Walton’s decision from 2012 and affirmed EPA’s authority to adopt the “Enhanced Coordination Process” governing coordination with the Army Corps of Engineers in the processing...more

More Pipeline Development Projects: What America Needs

National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

EPA Proposes Change to Clean Water Act Rule and Definition of the Term “Waters of the U.S.”

The Environmental Protection Agency recently announced a proposed rule changes related to the Clean Water Act and the definition of the term “Waters of the United States.” If adopted, it is believed they will greatly expand...more

Comment Period Extended for Proposed EPA Rule Substantially Expanding Federal Jurisdiction Over Waters of the U.S., Including...

On April 21, the United States Environmental Protection Agency ("U.S. EPA") published a proposed rule that expands the federal jurisdiction over "Waters of the United States" under the Federal Clean Water Act ("CWA")....more

Update on EPA’s Proposed “Waters of the U.S.” Rule

As we highlighted here a couple of months ago, the Environmental Protection Agency (EPA) released a proposed rule in March that could significantly expand the scope of the federal government’s jurisdiction under the Clean...more

EPA and Army Corps Propose Expansive Regulation Identifying Jurisdictional Waters under the Clean Water Act

In response to the U.S. Supreme Court’s failure to establish definitive guidelines in a recent case, Rapanos v. U.S.,1 the U.S. EPA and the Army Corps of Engineers issued a proposed regulation2 redefining the “waters of the...more

EPA Extends Comment Period on New Rule regarding "Waters of the United States"

As previously reported, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have jointly proposed a regulation re-defining the term “waters of the United States.” If adopted, the regulation would...more

Water Resources Legislation Could Lead to Increase of U.S. Water P3s

President Obama recently signed into law the Water Resources and Reform Development Act of 2014 (WRRDA). The statute begins to address ways to fund the billions of dollars necessary to update the country’s drinking water...more

Historic Water Resources Reform and Development Act Enacted into Law

On June 10, 2014, President Obama signed into law the Water Resources Reform and Development Act of 2014 (“WRRDA”) (Public Law No: 113-121). The primary purpose of the bill is to provide funding for improvements to rivers...more

Agencies Extend Comment Period for “Waters of the United States” Proposed Rule

Having received over 60,000 comments already, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers have extended the comment period for their proposed rule defining “waters of the United States.” The...more

President Obama Signs Water Resources Reform & Development Act of 2014

Legislation expands American iron and steel requirement to additional water programs - Earlier today, President Obama signed into law the Water Resources Reform and Development Act of 2014 (“WRRDA”). Today’s action...more

Developments in Water Law : EPA Extends Comment Period on Waters of the U.S. and President Signs Water Resources Reform and...

EPA Extends Comment Period on Waters of the U.S. - Additional Time to Provide Comments on EPA Rulemaking - The Environmental Protection Agency extended the comment period on the Waters of the United States...more

Congress Passes Water Resources Bill Encouraging Public-Private Partnerships for Water Supply and Treatment Construction Projects

Water infrastructure projects across the nation may soon have access to innovative financing programs and increased public-private partnership (P3) opportunities. House Bill 3080 (2013) or the Water Resources Reform and...more

Congress Passes WIFIA Pilot Program

Following the 412-4 vote in the U.S. House on Tuesday and the 91-7 vote in the U.S. Senate yesterday, the president is expected to quickly sign into the law the Water Resources and Reform Development Act of 2014 (WRRDA). In...more

St. Tammany Parish (LA) Citizens Group Seeks TROs to Halt Permitting Process for Proposed Well

A citizens group named Concerned Citizens of St. Tammany has filed applications for temporary restraining orders in the U.S. District Court for the Eastern District Court of Louisiana in New Orleans and the Louisiana 19th...more

79 Results
|
View per page
Page: of 4