Environmental Permitting, Regulatory Developments

Will WOTUS Rule Affect Nationwide Permits?

The U.S. Army Corps of Engineers (Corps) is proposing to renew its 50 existing nationwide permits (NWPs) and to add two new NWPs. The existing permits expire March 18, 2017, and the Corps wishes to have the reissued permits effective immediately after expiration.

There is extensive reliance on NWPs, which are intended to provide expedited permission to undertake categories of activities involving discharges of dredged or fill material into waters of the United States (WOTUS). NWPs are issued for projects that both individually and cumulatively have only minimal impact on the environment, in the opinion of the Corps. The Corps is soliciting comments on all the NWPs, general conditions, and definitions, as well as all NWP application procedures, including the pre-construction notices (PCNs) that are required for some NWPs.

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