News & Analysis as of

US Army Corps of Engineers New Guidance

Morris, Manning & Martin, LLP

Corps and EPA Rescind Biden Wetland Guidance – Move to Revise “Waters of the United States” Definition

On March 12, 2025, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a Federal Register notice stating their intent to review the definition of “waters of the United States” (“WOTUS”), which...more

Williams Mullen

Environmental Notes - March 2021

Williams Mullen on

Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more

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

Timeframes for Clean Water Act Section 401 Water Quality Certifications/Clarification of Waiver Responsibility: U.S. Army Corps of...

The United States Army Corps of Engineers (“Corps”) issued an August 7th Regulatory Guidance Letter No. 19-02 titled: Timeframes for Clean Water Act Section 401 Water Quality Certifications and Clarification of Waiver...more

Stoel Rives LLP

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

Stoel Rives LLP on

Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

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

New Regulatory Guidance for Mitigation Banks: U.S. Army Corps of Engineers Issues Regulatory Guidance Letter 19-01

The United States Army Corps of Engineers (“Corps”) Headquarters issued a new Regulatory Guidance Letter (“RGL”) addressing wetland mitigation banks....more

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

Determination of Compensatory Mitigation Credits for the Removal of Obsolete Dams and Other Structures from Rivers and Streams:...

The United States Army Corps of Engineers (“Corps”) issued on September 25th a Regulatory Guidance Letter No. 18-01 titled: Determination of Compensatory mitigation Credits for the Removal of Obsolete Dams and Other...more

Pierce Atwood LLP

Army Corps Issues Guidance for Dam and Culvert Removal Credits

Pierce Atwood LLP on

The Army Corps of Engineers recently issued a Regulatory Guidance Letter (RGL) that sets out factors that should be considered by district engineers when determining the amount of mitigation credits that may be allowed for...more

Downey Brand LLP

USACE Issues Guidance on Contributed Funds for Section 408 Review

Downey Brand LLP on

As many in the industry have learned recently, the FY 17 budget only included approximately $3 million nationwide for processing 33 U.S.C. Section 408 review. This is the Section under which the U.S. Army Corps of Engineers...more

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