News & Analysis as of

US Army Corps of Engineers

Fox Rothschild LLP

COFC Says GAO has been wrong on Photocopied Bid Bond Signatures for Decades

Fox Rothschild LLP on

Late last year, the Court of Federal Claims (“COFC”) contradicted long-standing Government Accountability Office (“GAO”) precedent on the acceptability of photocopied signatures on bid bonds finding that the Government’s...more

Allen Matkins

California Environmental Law & Policy Update 6.21.24

Allen Matkins on

In an order filed Tuesday, U.S. District Judge Terrence Boyle denied a private property owner’s effort to enjoin the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers from enforcing their September 2023...more


EPA and the Corps have won one in North Carolina but their most recent Waters of the United States rule isn't nearly out of the...

Mintz on

Judge Boyle of the Federal District Court for the Eastern District of North Carolina has denied the Pacific Legal Foundation's client an injunction against EPA's and the Corps of Engineers' most recent Waters of the United...more

Pillsbury Winthrop Shaw Pittman LLP

Army Seeks Micro-Reactor Nuclear Power Plants to Reduce Reliance on Off-Site Electricity Providers

The Defense Innovation Unit has released a solicitation seeking Solution Briefs for full lifecycle micro-reactor power plant(s) that would start operations at an Army installation in the continental United States before the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Army Corps of Engineers (Vicksburg District)/Special Public Notice: Programmatic Emphasis on Department of the Army Permit...

The United States Army Corps of Engineers (“Corps”) Vicksburg District issued a May 29th Special Public Notice (“SPN”) styled: Vicksburg District Regulatory Update - ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Resources Development Act of 2024/U.S. Senate Environment & Public Works Committee: Arkansas Provisions

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Earthjustice Projects Impact of Sackett v. EPA on a State-by-State Basis

The environmental organization Earthjustice has developed charts that provide the organization’s views on the impact of the United States Supreme Court decision Sackett v. EPA on the scope of the Clean Water Act term waters...more


EPA may avoid a nationwide injunction against its most recent WOTUS rule, but the rule is still in hot water.

Mintz on

Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most recent definition of Waters of the United States in litigation filed by a North Carolina...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coordination Process Update: U.S. Army Corps of Engineers/Environmental Protection Agency Joint Coordination Memoranda Addressing...

The United States Army Corps of Engineers (“Corps”) and United States Environmental Protection Agency (“EPA”) issued on April 25th document titled: Coordination Process Update: Joint Coordination Memoranda to the Field...more


U.S. Army Corps of Engineers to Process Section 404 Permits While Florida’s Appeal is Pending

Lowndes on

On April 12, 2024, U.S. District Court Judge Randolph D. Moss denied the State of Florida’s (State) Motion for a Limited Stay of the February 15, 2024, order invalidating the State’s partial assumption of the Section 404...more


EPA & the Army Corps of Engineers have less ability to protect wetlands than they've had in 40 years but Florida still isn't...

Mintz on

We're approaching the first anniversary of the Supreme Court's decision in Sackett v. EPA holding that, contrary to the view of EPA and the Army Corps of Engineers for the past 40 years, the Clean Water Act protects only...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Rivers and Harbors Act Enforcement: U.S. District Court (S.D. FLA) Orders Individual to Remove Shipping Container/Floating Dock...

The United States District Court for the Southern District of Florida ordered an individual (Lozman) to remove a shipping container and floating docks from the Lake Worth Lagoon which is located near Palm Beach, Florida. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Creating Confidence in Clean Water Permitting Act: U.S. House of Representatives Passes Legislation

The United States House of Representatives voted on a partisan-basis to pass H.R. 7023 which is titled: Creating Confidence in Clean Water Permitting Act....more

Beveridge & Diamond PC

Army Corps of Engineers Proposes to Rescind Its Specific Approach to Historic Properties

Beveridge & Diamond PC on

The U.S. Army Corps of Engineers (the Corps) recently proposed eliminating its longstanding process and requirements for compliance with Section 106 of the National Historic Preservation Act (NHPA). The proposed rule would...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: U.S. Army Corps of Engineers Memorandum Providing Post-Sackett Guidance

The Office of Assistant Secretary Civil Works of the U.S. Army Corps of Engineers (“Corps”) issued a March 22nd Memorandum titled: Civil Works Actions to Sustain and Advance the Nation’s Waters and Wetlands After the...more

Holland & Knight LLP

Army Corps of Engineers Announces Post-Sackett Wetlands Protection Plans

Holland & Knight LLP on

The U.S. Army Corps of Engineers (ACE) on March 22, 2024, announced its plans for enhancing the protection of the country's wetlands following the U.S. Supreme Court's Sackett v. EPA decision. In Sackett, the Supreme Court...more


EPA's Safer Communities by Chemical Accident Prevention Rule will almost certainly be challenged and EPA is the underdog in the...

Mintz on

EPA picked another Clean Water Act fight with the United States Supreme Court last week and I don't understand why EPA thinks it is a fight it can win. As many of you know, the jurisdictional reach of the Clean Water Act is...more

Allen Matkins

California Environmental Law & Policy Update 3.22.24

Allen Matkins on

A lawsuit challenging the federal government’s interpretation of the U.S. Supreme Court’s latest ruling in Sackett v. EPA on waters of the United States, or WOTUS, was filed in U.S. District Court for the Eastern District of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Construction of Minor Drainage/Water Level Control Structures/General Permit 32: U.S. Army Corp of Engineers (Vicksburg District)...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a March 6th Public Notice stating that it is proposing to reissue Department of the Army General Permit 32 (“GP32”)....more


Governor Abbott says Texas isn't bound by the oldest Federal environmental law. He's about to learn what he should have learned in...

Mintz on

Law 360 is reporting on yesterday's hearing in the United States' litigation against the State of Texas to cause the removal of an unpermitted “marine barrier” placed by the State of Texas in the Rio Grande River. Putting...more


The Sacketts' lawyers have a new client and it seems like a visit to the Supreme Court is in their future!

Mintz on

Last August, when EPA and the Army Corps of Engineers published their tenth attempt to determine the jurisdictional reach of the Clean Water Act, the Agencies said that regulation involved no exercise of discretion because it...more

Keating Muething & Klekamp PLL

Predictions for 2024 on Federal Wetland Jurisdiction after Sackett and Regulation Amendments

Following the U.S. Supreme Court’s decision in the Sackett case in May of 2023, the U.S. EPA (“EPA”) and the U.S. Army Corps (“Army Corps”) have amended federal regulations to conform to Sackett and the Army Corps has resumed...more

Downey Brand LLP

Army Corps of Engineers Publishes Draft Agency Specific Procedures To Implement The Principles, Requirements, and Guidelines for...

Downey Brand LLP on

Our April 26, 2023 article noted that the Principles, Requirements, and Guidelines (PR&G) are about money. The Federal government has a lot of money. Even in an era of budget cutting, it still has a lot of money, and it...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

Snell & Wilmer on

Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Nossaman LLP

[Webinar] Dirt in the Ditches: A Practical Look at How the Sackett Decision Affects WOTUS Permitting Nationwide - March 26th,...

Nossaman LLP on

In January 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (Agencies) adopted a final rule altering the definition of "waters of the United States" (WOTUS), a key term that is referred to...more

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