Corps Requiring New WOTUS Determinations For Pending 404 Permits

The Army Corps of Engineers is withdrawing Clean Water Act (CWA) jurisdictional determinations made under the Trump-era definition of waters of the United States (WOTUS) for new or pending dredge-and-fill permitting decisions after a federal court vacated it last year, creating uncertainty for many permit applicants. “This departure from normal policy will have implications for many who secured [determinations] in reliance on previous practice and the provisions of the [Trump-era definition],” says Ann Navaro, a former Corps attorney who is...