The U.S. Army Corps of Engineers ("Corps") announced that it is soliciting comments on existing regulations that should be considered for repeal, replacement, or modification pursuant to the President's Executive Order 13777. 82 Fed. Reg. 33470 (Jul. 20, 2017). Comments must be submitted to the Corps  by September 18, 2017.

E.O. 13777 directed federal agencies to establish a Regulatory Reform Task Force tasked with reviewing existing regulations and making recommendations on whether repeal, replacement, or modification is warranted. Regulations that eliminate jobs, are outdated, unnecessary or ineffective, have costs that exceed benefits, or are otherwise inconsistent with the Administration's regulatory reform objectives, are primary targets. 

The notice suggests that all Corps regulations, programs, Regulatory Guidance Letters, and Technical Memoranda are within the scope of the solicitation. For example, nationwide permit thresholds, requirements of the 2008 Compensatory Mitigation rule, such as conservation easements, financial assurance, and mitigation preferences could be addressed, among other things. Clark Hill's Environment, Energy and Natural Resources Practice attorneys recommend clients consider responding with targeted comments, recommended modifications, and supporting data and legal justification for the proposed changes. The agencies will be inundated with proposals. Comments that include specific recommendations and provide record support will likely rise to the top of the list.