EPA, Army Corps Guidance Walks Back Regulatory Certainty

By ​​​​​​​Anna Wildeman and Dave Ross (September 14, 2021, 3:20 PM EDT) -- On Aug. 19, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a joint memorandum offering guidance concerning implementation of the EPA's 2020 water quality certification rule.

The agencies explained that the guidance applies specifically to 41 Clean Water Act Section 404 nationwide permits proposed in September 2020 that have already received certification — or for which certification was denied or waived — but that have not yet been finalized. A more detailed enclosure is intended to be applied generally to the Corps' permit programs.

The guidance also cryptically suggests that the agencies may revisit the 16...

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