Search
  • Mark Ryan

Comments on the Proposed NWP Changes

The Association of State Wetlands Managers and the Center for Biological Diversity have commented on the proposed changes to the Corps NWPs. See my August 4, 6 and Sept. 14 blogposts for more on the proposed NWP changes. As I've said before, these are very significant changes to the 404 permitting scheme, yet they're not garnering that much attention.


The two above-mentioned comment letters, which were sent to me, and which I have attached below, are serious dives into the details of the proposed changes, and are worth reading. Public comments were due by November 16. The regulations.gov website shows 954 comments submitted, and they can all be accessed at this link. See https://beta.regulations.gov/document/COE-2006-0005-0001/comment.


The Corps will now be required to write response to comments before finalizing. I'm sure the Trump administration will work hard to finalize these changes before the end of the administration. As with many of the Trump administration regulatory changes, expect litigation.

ASWM Comments on Proposal to Reissue and
.
Download • 326KB
2020-11-16 Master NWP Comments (final)
.p
Download P • 706KB


If you would like to receive email notifications of new blogposts, go to the signup button above, leave your email, and you'll be alerted to updates.


38 views0 comments

Recent Posts

See All

Waterkeeper Files NOI in Coal Ash Case

Waterkeeper last week served the NOI below on Ameren Corp, which is an electric utility in Missouri. The NOI alleges that Ameren is discharging without a permit wastewater from coal ash ponds into the

Two New (Oddball) CWA Cases

These two cases bring up issues one seldom sees in the case law, which makes them mildly interesting. Reading the clever arguments raised by defendants in the Earth Island case below reminded me of my

A Modest Proposal to Fix WOTUS

As I have argued numerous times in the past, Congress needs to fix the WOTUS problem. They created it by so vaguely defining “navigable waters,” and only they can permanently fix the problem (assuming

© 2016 by Ryan & Kuehler PLLC.

  • Facebook Basic Black
  • LinkedIn Basic Black
  • Twitter Basic Black