Resume Permitting, ARTBA tells Army Corps of Engineers

What happened: Last week ARTBA and its coalition allies filed comments to the Army Corps of Engineers (Corps) urging the agency to immediately resume the permitting process under the Clean Water Act (CWA).

Why it matters: Michael Connor, assistant secretary of the Army, told the House Transportation and Infrastructure Committee June 22 that the Corps will not issue permits under the CWA until a final Waters of the United States (WOTUS) rule is issued, effectively stalling certain projects. The Corps and the Environmental Protection Agency (EPA) work in tandem to regulate the CWA. Separately, EPA indicated it planned to issue a new final rule by Sept. 1, offering no details, nor indicating if it plans to allow public comment. EPA’s draft final rule is currently under review at the White House’s Office of Management and Budget (OMB).

What’s next: The Army Corps has yet to signal it will resume issuing the necessary determinations under the CWA. ARTBA also requested a meeting with OMB to share comments on EPA’s rule, but to date has not heard back.