Army Corps

The Ecological Restoration Business Association Issues Statement Regarding Army Corps Guidance Post Sackett

ERBA Applauds Corps Guidance on Watershed Approach and Mitigation Post-Sackett      From ERBA: Last Friday, on World Water Day, Assistant Secretary for the Army Michael Connor issued guidance affirming the position of the 2008 Compensatory Mitigation Rule (“Rule”) that restoration of non-jurisdictional waters and wetlands at compensatory mitigation sites may offset impacts to jurisdictional […]

EPA’s New WOTUS Definition: Ripe for Litigaiton?

Does the EPA’s revised definition of “Waters of the United States” conform with the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency? Background Leading to EPA’s Revised Definition of Waters of the United States “WOTUS” Prior to the May 25, 2023, Sackett decision, the 2023 WOTUS Rule was finalized by […]

House and Senate vote to roll back Waters of the U.S. Rule

A Bipartisan Senate voted to roll back the Biden WOTUS rule under the Congressional Review Act, which requires a simple majority and cannot be filibustered. The House passed the same resolution 227-198, also with Democrats joining Republicans in the vote. The final rule, issued Dec. 30 from the Environmental Protection Agency and Army Corps of Engineers, replaced […]

Army Corps Approves Dakota Access Pipeline

Today, the United States Army Corps of Engineers sent a Notification to Congress regarding the Dakota Access Pipeline, announcing the Corps’ intention to grant an easement for the oil pipeline to cross Lake Oahe. (Document HERE.) The easement is located north of the Standing Rock Indian Reservation and is the subject of the Standing Rock […]

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