Climate-Proofing Our Infrastructure: Building Climate Resilience with the Army Corps of Engineers
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The United States Senate Environment & Public Works Committee has advanced the following legislation: Water Resources Development Act of 2024 (“WRDA2024”). The Water Resources Development Act is biennial legislation...more
Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more
Reports of climate-related disaster have made headlines across the country, from flooding in California to record-breaking heatwaves in the Pacific Northwest and all manner of extreme weather in between. These phenomena seem...more
ntroduction America’s water infrastructure has long faced a critical need for funding and modernization. According to the American Society of Civil Engineers, there is a $105 billion funding gap for drinking water and...more
The dust from the 2022 Midterm Elections has settled and the 118th Congress has begun. Republicans were successfully able to flip control of the House and now have a 222-212 majority with one vacancy to be filled. Democratic...more
The Water Resources Development Act of 2022 (“WRDA 2022”) was recently enacted into law. WRDA was enacted as a component of the National Defense Authorization Act....more
On December 19, 2022, the U.S. Army Corps of Engineers (Army Corps), Sacramento District released its Draft Environmental Impact Statement (EIS) for the Delta Conveyance Project. The Army Corps is the federal agency tasked...more
On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes...more
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review...more
Biden administration acts to restore clean-water safeguards - Associated Press – November 18 - The Biden administration took action this Thursday to restore federal protections for hundreds of thousands of small streams,...more
We interrupt our usual scrutiny of the courts to focus (mostly) on the important developments in notices and rulemaking issued by and concerning federal regulatory agencies and departments in the past several weeks....more
Interest in US offshore wind development is at an all-time high, as the Biden Administration and lawmakers continue to create renewable energy project incentives and opportunities, shareholders demand action from companies to...more
As previously noted, House Bill 1261 (“HB 1261”) was introduced on January 25th which would authorize the Arkansas Water Control Agency (i.e., Arkansas Department of Energy and Environment – Division of Environmental Quality...more
The 93rd Arkansas General Assembly convened for regular session on January 11th. The pre-filing of bills and resolutions began on November 16th. House Bill 1261 (“HB 1261”) was introduced on January 25th which would...more
Congress takes aim at climate change in massive relief bill - Bullet Associated Press – December 21 - The pandemic relief and spending package that President Donald Trump signed into law on Monday includes billions of...more
With a single tweet, President Trump ended months of speculation as to whether or not Congress would provide another round of COVID relief before the election. As he announced on Twitter, the President has his sights on...more
Update: On September 15, 2020, the Army Corps published a notice of proposed rulemaking in the Federal Register (85 FR 57298) for the reissuance and modification of its Nationwide Permits....more
On August 3, 2020, the U.S. Army Corps of Engineers announced a proposal to renew and revise its 52 nationwide permits and issue five new nationwide permits. Nationwide permits, which are general permits that authorize work...more
The Environmental Council of the States (“ECOS”) transmitted a June 26th letter to the Chairmen and Ranking Members of the United States House of Representatives Committee on Transportation and Infrastructure and Water...more
Two recent executive orders (“EOs”) issued by President Trump require additional efforts by federal agencies to facilitate regulatory reform and to expedite infrastructure projects, relying greatly on emergency and special...more
The Supreme Court’s decision on July 6 allows the Corps of Engineers to resume using Nationwide Permit 12 (NWP 12) to authorize certain types of utility line construction impacts to wetlands and waters of the United States in...more
The EO directs federal agencies to invoke available emergency powers to expedite environmental review and permitting of infrastructure projects. A recent Executive Order by President Trump directs agencies to expedite...more