WOTUS Rule: Permitting Changes Set Up Busy Spring

On February 14, 2018, the US Army Corps of Engineers (USACE) and U.S. EPA  published the latest installment in the Waters of the U.S. (WOTUS) groundhog day saga.  Promising regulatory certainty, the rule is notable for how similar it is to the 1986/1988 WOTUS definition.  However, many in the regulated community will note that the […]

Ongoing Fallout: WOTUS Litigation Pose Hurdles For Permit Applicants

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In August of this year, the U.S. District Court of South Carolina halted a federal moratorium on the 2015 Obama era WOTUS rule for 22 states.  As a result, two different federal definitions are being applied in states across the country as to what constitutes a “water of the US”.  Naturally this is problematic for […]

USACE Issues Proposed Changes to NWPs

The US Army Corps of Engineers (USACE) has issued a notice of proposed rulemaking for Nationwide Permits (NWPs).  Many of our clients use Nationwide Permits as a more streamlined way to obtain coverage under Section 404 of the Clean Water Act.  Full details of the notice are contained here.  However, some of the specific changes upon which […]

Jurisdictional Determination

The Supreme Court today found that an “approved jurisdictional determination” whether a property contains “waters of the United States” is a final agency action and can be taken through court review. The case of the United States Army Corps of Engineers v. Hawkes Co. Inc., et al was an appeal by the Corps from the […]

Harmful Algal Blooms identified in several Kentucky Lakes

KDOW and USACE have confirmed the presence of potentially harmful algal blooms (HABs), or cyanobacteria exceeding safety threshold levels at several lakes in KY including Barren River Lake, Nolin Reservoir, Green River Lake, Rough River Lake, Taylorsville Lake and Greenbriar Creek reservoir in Montgomery County. The Department of Public Health, Kentucky Department of Fish and […]