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Clean Water Act Update | Roetzel & Andress

Overview of Recent Nationwide Permit Program Changes
On March 28, 2017, former President Donald Trump issued Executive Order 13783, “Promoting Energy Independence and Economic Growth.” The Executive Order directed the U.S. Army Corps of Engineers (“Corps”) to immediately review existing regulations that “potentially burden the development or use of domestically produced energy resources” such as Nationwide Permits (“NWP”). NWPs are general permits issued for categories of activities that have minimal individual and cumulative adverse environmental effects on the environment. The issuance and reissuance of NWPs normally occurs every five years. Most of the current NWPs are set to expire on March 18, 2022. However, in September of 2020, the Corps proposed to revise and reissue 12 NWPs, and create four new NWPs. The final rule, published on January 13, 2021, created and revised the 16 NWPs through the following actions: ....

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Nationwide Permit Program Changes

Friday, May 7, 2021
On March 28, 2017, former President Donald Trump issued Executive Order 13783, “Promoting Energy Independence and Economic Growth.” The Executive Order directed the U.S. Army Corps of Engineers (“Corps”) to immediately review existing regulations that “potentially burden the development or use of domestically produced energy resources” such as Nationwide Permits (“NWP”). NWPs are general permits issued for categories of activities that have minimal individual and cumulative adverse environmental effects on the environment. The issuance and reissuance of NWPs normally occurs every five years. Most of the current NWPs are set to expire on March 18, 2022. However, in September of 2020, the Corps proposed to revise and reissue 12 NWPs, and create four new NWPs. The final rule, published on January 13, 2021, created and revised the 16 NWPs through the following actions: ....

United States , White House , District Of Columbia , State Of Ohio , Steele City , Donald Trump , Joe Biden , United States Court , Us Department Of Defense , Environmental Review Appeals Commission , Department Of Defense , Us District Court , National Marine Fisheries Service , United States Supreme Court , United States Environmental Protection Agency , Wildlife Service , District Court , Ohio Environmental Protection Agency , United States Army Corps Of Engineers , Energy Independence , National Historic Preservation , Us Army Corps Of Engineers , President Donald Trump , Executive Order , Economic Growth , Nationwide Permits ,

Army Corps Reissues Clean Water Act Nationwide Permits With Energy, Infrastructure Project Implications | Perkins Coie

[co-author: Kaela Shiigi]
The U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs). The final rule, published on January 13, 2021, reissues 12 existing NWPs and issues four new NWPs. Major changes to existing NWPs include removing limits on stream loss measured in linear feet from 10 permits and dividing coverage for various types of linear utility infrastructure into three separate permits. Also notable is that the Corps opted not to finalize several other changes from its September 2020 proposed rule.
The new and reissued NWPs will take effect March 15, 2021. Forty other NWPs issued in 2017 and not impacted by this final rule will remain in effect until March 2022 unless subject to earlier modifications to the NWP program by the incoming Biden administration. ....

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