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Reach of Wetlands Jurisdiction Remains Notoriously Unclear

The EPA recently filed a brief in reply to the Sacketts’ brief, warning that their proposed test for identifying whether a wetland is covered under the Clean Water Act would turn on arbitrary and shifting distinctions. ....

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U.S. Army Corps Issues Final Nationwide Permits for Aquaculture | K&L Gates LLP

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On 13 January 2021, the U.S. Army Corps of Engineers (USACE) published its final rule (Final Rule) reissuing and modifying certain nationwide permits (NWP).
1 The Final Rule modifies and reauthorizes NWP 48, Commercial Shellfish Mariculture Activities, and creates two new NWPs: NWP 55, Seaweed Mariculture Activities, and NWP 56, Finfish Mariculture Activities. Our prior alert discussed the revisions to NWP 48 and the proposed NWPs 55 and 56: U.S. Army Corps Proposes New Nationwide Permits for Seaweed and Finfish Aquaculture in Coastal Waters and Updated the Existing Nationwide Permit for Shellfish Aquaculture. After responding to comments, the USACE issued the final NWPs, which are very similar to the draft NWPs, with some minor modifications. ....

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US Army Corps of Engineers Issues Permits for Aquaculture

Friday, January 15, 2021
On 13 January 2021, the U.S. Army Corps of Engineers (USACE) published its final rule (Final Rule) reissuing and modifying certain nationwide permits (NWP).
1 The Final Rule modifies and reauthorizes NWP 48, Commercial Shellfish Mariculture Activities, and creates two new NWPs: NWP 55, Seaweed Mariculture Activities, and NWP 56, Finfish Mariculture Activities. Our prior alert discussed the revisions to NWP 48 and the proposed NWPs 55 and 56: U.S. Army Corps Proposes New Nationwide Permits for Seaweed and Finfish Aquaculture in Coastal Waters and Updated the Existing Nationwide Permit for Shellfish Aquaculture. After responding to comments, the USACE issued the final NWPs, which are very similar to the draft NWPs, with some minor modifications. ....

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