25 February 2019 - Army Issues New Regulatory Guidance for Mitigation Banks- Improving Efficiency and Consistency in the Corps Regulatory Program - On February 22, 2019, the U.S. Army Corps of Engineers (Corps) issued Regulatory Guidance Letter (RGL) 19-01 "Mitigation Bank Credit Release Schedule and Equivalency in Mitigation Bank and In-Lieu Fee Program Service Areas." Developed in collaboration with the U.S. Environmental Protection Agency, RGL 19-01 provided guidance to District Commanders on two issues relating to that authority: credit release schedule for mitigation banks and consistency in establishing service areas for mitigation banks and in-lieu fee programs.
14 February 2019 - Proposed Revised Definition of "Waters of the United States" (EPA) - On December 11, 2018 the Environmental Protection Agency and the Department of the Army (the agencies) proposed a revised definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. The proposed rule published in the Federal Register (FR) on February 14, 2019 and will be open for a 60-day public comment period. The public comment period will close on April 15, 2019.
11 December 2018 - EPA and Army Propose New "Waters of the United States" Definition - The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019.