.jpg)
On January 20th, President Trump’s Chief of Staff, Reince Priebus issued a Memorandum to the Heads of Executive Departments and Agencies imposing a regulatory freeze. There appears to be a lot of confusion among environmental attorneys and consultants as to whether the freeze applies to the Army Corps of Engineers (ACOE) Nationwide Permits (NWP).
404/401 Permits
Supreme Court Decides Army Corps JD’s Can be Appealed
By Joseph Koncelik on
Posted in Wetlands and Streams
In a very significant case for property owners and developers, the U.S. Supreme Court issued its decision today that Army Corps Jurisdictional Determinations (JDs) are final agency actions which can be challenged in Court. In U.S. Army Corps of Engineers v. Hawkes, the Court determined that JDs meet the test for final agency actions:…
Challenging Jurisdictional Stream and Wetland Determinations Proves Difficult
By Joseph Koncelik on
Posted in Wetlands and Streams
Under the Clean Water Act (CWA), you cannot impact a federally protected stream or wetland unless you obtain a 404 permit from the Army Corps of Engineers (ACOE). The key issue- what is a "federally protected stream or wetland?"
As discussed previously on this blog, which streams and wetlands are protected under the CWA has…
Army Corps Wetland Jurisdictional Determinations Are Not Reviewable
By Joseph Koncelik on
Posted in Wetlands and Streams
According to the 5th Circuit in Belle v. Army Corps of Engineers, nothing has changed with regard to the inability of a property owner to challenge an Army Corps of Engineers (ACOE) decision that federally protected wetlands exist on the owner’s property.
The initial step in the federal wetland permitting process is the…
Ohio EPA Budget Testimony Sheds Light on New Initiatives
By Joseph Koncelik on
Posted in Federal and State Developments
On April 5th, Ohio EPA Director Nally testified on the Agency’s proposed budget before the House Finance and Appropriations – Agriculture and Natural Resources Subcommittee. According to the Director’s Testimony, Ohio EPA is not asking for any fee increases. Ohio EPA’s proposed budget calls for a reduction of 11.8% for fiscal year 2012 and 13.8% …