UPDATE: WOTUS, WOTUS Everywhere, But Maybe Not?
On April 21, 2020, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) finalized the “Definition of Waters of the U.S.” and published the Final Rule; the Rule will become effective on June 22, 2020. This is the last step in the Trump administration’s actions to repeal the 2015 Definition issued under the Obama administration and to implement a new definition. The administration is touting the new Rule as a huge win for landowners and developers, while environmental associations are labeling the new Rule as a huge detriment to water quality and environmental protection. In this issue of Field Notes we take a deeper dive and see what it really means to our clients in Virginia, Maryland and beyond.
Nationwide Permit 12 Vacated
On April 15, 2020, the United States District Court for the District of Montana, Great Falls Division vacated the Nationwide Permit (NWP) 12 on the grounds that the U.S. Army Corps of Engineers failed to comply with the Endangered Species Act Section 7 when it reissued the NWP 12 in 2017. The NWP 12 is issued by the Corps and is used to authorize utility impacts to wetlands and other Waters of the U.S.
NWP 12 addresses utility project impacts to wetlands and other Waters of the U.S.