Category Archives: USACE News

EPA and Army Corps Propose New Definition of “Waters of the United States.”

On December 11, 2018, the Environmental Protection Agency and the United States Army Corps of Engineers proposed a new definition of “waters of the United States” (WOTUS) and will soon publish the new definition in the Federal Register for a … Continue reading

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Don’t step in that Puddle! The U.S. Army Corps of Engineers Adopts new Iowa Stream Mitigation Rules

Before someone decides to remove or alter “Waters of the United States” (“WOTUS”) through construction, plowing, grading or other similarly activities a 404(b) permit must be obtained. Part of the permitting process involves proving that the  “Least Damaging Practicable Alternative” … Continue reading

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Donald Trump and his Administration’s Environmental and Energy Policy

Now that we know we will have a Republican House, Senate, and President beginning in 2017, it is time to consider is what environmental and energy changes might take place during Donald Trump’s first term as President. I am neither supporting nor … Continue reading

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US Fish and Wildlife has a tool you can use to look for wetlands

Are you building on wetlands? Is the real estate you are buying listed by the US Fish and Wildlife Service as a wetlands on its maps? If your property or prospective purchase has been identified as a wetlands then think twice … Continue reading

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United States is immune from flood claims

With floodwaters of the Missouri and Mississippi rivers causing widespread devastation, some are asking if the Army Corps of Engineers can be held responsible for the damages. Unfortunately, for lawsuits based on a negligence or similar theory, the answer is … Continue reading

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Army Corps to decide on flooding 3 million acres in Louisiana to save New Orleans

The U.S. Army Corps of Engineers made a decision today of historic importance. If projected water flows continue, the Corps of Engineers may open the Morganza Floodway, located in Pointe Coupee, LA, as a result of rising river stages and … Continue reading

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EPA and USACE propose Clean Water Protection Guidance on Jurisdictional Waters

The Environmental Protection Agency and the U.S.Army Corps of Engineers have submitted to the Administration a draft Clean Water Protection Guidance document. The 90-day review period was to expire on March 11, 2011. A copy of the document is available … Continue reading

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National Mining Association v. Lisa Jackson – Forcing a new age of EPA Rulemaking?

One of the most interesting and potentially far-reaching environmental cases for some time comes out of the United States District Court for the District of Columbia in a Memorandum Opinion filed on January 14, 2011 by U.S. District Court Judge … Continue reading

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U.S. Army Corps of Engineers proposes to charge for the use of Missouri River water

The U.S. Army Corps of Engineers (USACE) proposes to charge for the use of Missouri River water. As background, the federal 1944 Flood Control Act, Public Law 78-534, created the Pick-Sloan Missouri River Basin Program. This resulted in the construction … Continue reading

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