Impact Of New US Army Corps NWPs On Renewable Projects

Law360, New York (June 11, 2012, 12:52 PM EDT) -- Recently, the U.S. Army Corps of Engineers reissued 48 of its 49 existing nationwide permits (NWP) and also announced two new NWPs applicable to land- and water-based renewable energy development projects.[1]

The Army Corps issued the NWPs, which became effective on March 19, 2012, pursuant to Section 404 of the Clean Water Act, which governs discharges into “waters of the United States,” including wetlands (jurisdictional waters).[2]

The Army Corps announcement results in important changes that could impact already-approved projects or projects currently under review by federal...
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