News & Analysis as of

US Army Corps of Engineers

Court of Federal Claims Will Determine if U.S. is Liable for “Taking” Hundreds of Missouri River Properties Damaged by Severe...

Many lawsuits have been filed in the U.S. Court of Federal Claims alleging that the U.S. Army Corps of Engineers’ (Corps) management of the Missouri River flood control system has resulted in the serious flooding of many...more

Corps of Engineers to Streamline Section 408 Permitting Process

by Holland & Hart LLP on

In February 2018, the U.S. Army Corps of Engineers (“Corps”) issued a draft Engineering Circular (“EC”) outlining proposed policies and procedures regarding how it will address third-party requests to alter civil works...more

Should the Civil Works Mission Leave the US Army Corps of Engineers??

by Downey Brand LLP on

As happens on a regular political cycle, there are stories being published again with calls for USACE’s Civil Works mission to leave USACE and move to the U.S. Department of Transportation, or perhaps the Department of...more

Preliminary Injunction Issued Stalling Oil Pipeline Construction in Atchafalaya Basin

On February 27, the U.S. District Court for the Middle District of Louisiana granted a motion for a preliminary injunction filed by a group of environmental plaintiffs seeking to halt the construction of an oil pipeline in...more

Sixth Circuit Vacates Nationwide WOTUS Rule Injunction

by Steptoe & Johnson PLLC on

As anticipated, the 6th Circuit Court of Appeals took the formal action of vacating its temporary injunction which had enjoined the enforcement of the Obama-era rule which redefined Waters of the United States (WOTUS)...more

District Court rejects Challenge to Corps Activities on the Yuba River in Northern California

by Nossaman LLP on

In Friends of the River v. National Marine Fisheries Service, the U.S. District Court for the Eastern District of California rejected challenges to Army Corps of Engineers and National Marine Fisheries Service decisions...more

U.S. Army Corps of Engineers: Propose Beneficial Uses for Dredged Materials

Section 1122 of the Water Resources Development Act of 2016 directs the Secretary of the Army, no later than 90 days after the enactment of this law (which took place on December 16, 2016), to establish a pilot program to...more

Administration Issues “Legislative Outline for Rebuilding Infrastructure in America”

Recently, the Trump Administration released a 53-page Legislative Outline for Rebuilding Infrastructure in America of legislative proposals to rebuild American infrastructure, which it defines as surface transportation,...more

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

by Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

by Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

National Waterways Conference Requests More Time on Draft 408 Policy

by Downey Brand LLP on

The National Waterways Conference has submitted a letter in response to the notice published in the Federal Register on February 5, 2018, seeking comment on the draft Engineering Circular (EC) on 408 permissions. According...more

President Trump Releases Infrastructure Proposal

by Downey Brand LLP on

On Monday, February 12, President Trump formally unveiled his proposed infrastructure package entitled “Legislative Outline for Rebuilding Infrastructure in America.” The proposal outlined the following main goals...more

Trump’s Infrastructure Plan — Environmental Reviews, They Are a-Changin’

President Trump’s infrastructure plan includes a number of important proposals. My initial reaction is consistent with my view of many of the President’s initiatives – he gives regulatory reform a bad name. We do need to...more

Pilot Program/Water Resources Development Act: U.S. Corps of Engineers Federal Register Notice Requesting Beneficial Use of...

The United States Corps of Engineers (“Corps”) issued a February 9th Federal Register notice for Request of Proposals (“RFP”) for beneficial use of dredged material projects. See 83 Fed. Reg. 5763. The RFP is being issued...more

Applicability Date Change/Waters of the United States Rule: Center for Biological Diversity Notice of Intent to Sue U.S....

The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...more

Recent Court Decision and EPA/Corps Actions Affect Fate of Clean Water Rule

by Williams Mullen on

A major skirmish in the long-running legal battle over the scope of protected waters under the federal Clean Water Act (“Act”) has just ended with the U.S. Supreme Court decision in National Association of Manufacturers v....more

A Quick Look at What's Ahead on the Water Infrastructure Front

by Downey Brand LLP on

I often joke with my clients that following issues too closely at the federal level can result in whiplash. To that regard, it has been a very active summer in Washington, DC on the water infrastructure front. Here’s a rapid...more

FY 2019 Administration Budget Request

by Holland & Knight LLP on

President Donald Trump on February 12, 2018, submitted his budget request to Congress for Fiscal Year (FY) 2019. The President's full budget calls for approximately $4.4 trillion in total spending. Much of the budget seeks...more

A Welcome Surprise From Congress

by Downey Brand LLP on

For lobbyists, reading through annual appropriations reports is like hunting for Easter eggs. Unlike appropriations bills which are slim and rather constrained documents, appropriations reports provide an opportunity for the...more

Legislative Outline for Rebuilding Infrastructure

by Holland & Knight LLP on

On February 12, 2018, the White House unveiled its 55-page proposal for infrastructure investment, the Legislative Outline for Rebuilding Infrastructure. The sweeping proposal seeks to inject funding into several key areas...more

A Possible Formula for Puerto Rico's Hurricane Recovery: Distributed Renewable Energy

by Sullivan & Worcester on

In October 2017, Hurricane Maria swept through the Commonwealth of Puerto Rico decimating the island, taking hundreds of lives and demolishing infrastructure on an enormous scale. In the hurricane’s immediate aftermath,...more

States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

The President Is Pushing Infrastructure, But Not So Much Through the Corps’ Civil Works Program

by Downey Brand LLP on

Today the Administration released its FY19 budget proposal. As you likely know, the budget proposal signifies the starting point for the annual appropriations cycle which will play out in Congress over the course of the...more

Alteration of U.S. Army Corps of Engineers Civil Works Projects: February 5th Federal Register Notice Proposing Engineer Circular

The United States Army Corps of Engineers (“Corps”) issued a February 5th Federal Register notice proposing to issue an Engineer Circular (“EC”) related to the policies and procedures for processing certain requests to alter...more

Corps and EPA Push Out Effective Date of Disputed Clean Water Rule

The U.S. Army Corps of Engineers and the Environmental Protection Agency published a rule postponing the effective date of the Clean Water Rule for two years, until February 6, 2020....more

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