Vol. 26, No. 6  ●  August 23, 2018

Federal Ruling Creates Delay in Corps of Engineers Process


In light of the August 16th South Carolina federal district court ruling that the suspension of the 2015 Clean Water Rule did not follow due process, there will be a delay of up to two weeks in the issuance of any 404 permits or Jurisdictional Determinations from the U.S. Army Corps of Engineers.  If your project is awaiting approval of the boundaries of the Waters of the U.S. (WOTUS) or a permit for WOTUS impacts, there is nothing you need to do at this point; the delay stems from the Corps’ need to develop guidance to address the court’s findings. Wetland Studies and Solutions will keep you updated if there are changes.

If you have any questions, please contact Ben Rosner, Christie Blevins, Mark Headly, or Mike Klebasko.


These Field Notes articles explain the Clean Water Rule, how it defines jurisdictional areas, and what it means for projects in the Mid-Atlantic, as well as follow the related regulatory changes.

- EPA and COE Redefine Which Wetlands and Streams are Federally Regulated, June 2, 2015

- A Graphic Description of WOTUS - Wetlandia, July 9, 2015

- WOTUS 2020 - EPA and Department of the Army Delay Clean Water Rule of 2015, February 23, 2018

- 6th Circuit Court Vacates WOTUS Rule Stay, April 11, 2018
(Reprinted with permission from the National Association of Home Builders. This article originally appeared in the February 28, 2018 edition of NAHB Now.)

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