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 reach out to the contacts below.

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.


  • Ben Rosner

    Gainesville, VA

  • Christie Blevins

    Gainesville, VA

  • Mike Klebasko

    Millersville, MD