Latest Army Corps CWA Permits Omit Reference to WOTUS Rule

A final package of Clean Water Act (CWA) permits issued January 6 by the Army Corps of Engineers authorizing activities in wetlands and waterways omits references to the Environmental Protection Agency's (EPA) Waters of the U,S, rule (WOTUS), which is currently on hold by the courts, pending litigation.Had the corps cited WOTUS, it could have expanded the types of areas subject to those permits. However, the decision not to do so was in response to concerns raised in June 2015 by the Waters Advocacy Coalition (WAC) that the final package of nationwide permits would incorporate the revised definitions contained in WOTUS, which remains under review by the U.S. Court of Appeals for the Sixth Circuit.WAC includes farm, mining, public and private electricity generation and construction groups that will be affected by the new permits.The corps did indicate that it would pursue rulemaking if it determines that the nationwide permits need to be modified to address changes in the geographic scope of CWA jurisdiction -- as WOTUS would do if upheld -- or other regulatory changes.