April 4, 2014
Update (June 2015): the proposed changes are now in effect.
Contact us with any questions regarding how the changes affect your projects.
The U.S. Army Corps of Engineers and U.S. Environmental Protection Agency issued a proposed update to the Clean Water Act (CWA) on March 25, 2014. It seeks to clarify the definition and scope of Waters of the United States following the 2006 Rapanos v. United States ruling which narrowed the definition of Waters of the United States. The update addresses certain aquatic resources currently not under CWA jurisdiction, including isolated wetlands, riparian areas, and tributary streams that flow perennially or ephemerally, and provides increased consistency across regional and local agencies in the application of jurisdictional water determinations. If finalized after the 90 day comment period, the update will affect both Section 404 permitting and mitigation requirements significantly impacting future development projects