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Corps Finalizes NWP Revisions

The Corps this past week finalized the NWP revisions that were started last August, some two years before the permits expired. Here's a link to the Corps' January 4 notice. To my knowledge, it has not yet published in the Federal Register. The permit changes will go into effect, unless challenged, 60-day after publication in the Federal Register. https://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/2021nwp/2021NationwidePermitsFinalRule.pdf?ver=g4tGQeq3l9W4HUYgk2-F6w%3d%3d


I must say it's pretty rare for the government to revise and renew permits in advance of the expiration date. I suspect they knew they wouldn't get another chance in two years. See my Aug. 6, Sept. 14 and Nov. 19, 2020 blogposts for more on the proposed permits. If this goes final before the Biden administration comes in, expect litigation. And expect the Biden administration to not defend and ask for a voluntary remand. Expect the pipeline industry and the API to fight hard to keep the revisions in place.



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