12 Sep 2019

CLEAN WATER ACT FINAL RULE REPEALING THE 2015 CLEAN WATER RULE

On September 12, 2019, the Environmental Protection Agency and Department of the Army (the agencies) signed a final rule to repeal the 2015 Clean Water Rule (2015 Rule) and re-codify the regulatory text defining "waters of the United States" (WOTUS) that existed prior to the 2015 Rule. This action will, when effective, provide regulatory certainty as to the definition of “waters of the United States” in light of ongoing litigation over the 2015 Rule. This final rule will be implemented in accordance with Supreme Court decisions, agency guidance, and longstanding practice.

10 May 2019

Special Public Notice - Finalization of the Missouri Bat Programmatic Informal Consultation Framework

The purpose of this public notice is to announce the Kansas City, Little Rock, St. Louis, Rock Island, and Memphis Districts of the U.S. Army Corps of Engineers (Corps) and the United States Fish and Wildlife Service have completed programmatic informal consultation for all activities requiring Department of the Army permits. This consultation, which covers activities in waters of the United States within the state of Missouri, complies with the provisions of Section 7 of the Endangered Species Act (ESA). Completion of this consultation eliminates the need for individual ESA consultation on most permit applications submitted to the Corps for activities located in habitat for bats protected under the ESA. The completion of this consultation will improve the permit evaluation process by reducing the time required for evaluation of many permit applications while assuring compliance with the requirements of the ESA.

14 Feb 2019

Special Public Notice

On February 14, 2019, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) published for public comment a proposed rule revising the definition of “waters of the United States,” which would establish the scope of federal regulatory authority under the Clean Water Act (CWA). The proposed rule is intended to satisfy the requirements of Executive Order (EO) 13778 that directed the EPA and the Army to review and rescind or replace the 2015 Clean Water Rule (80 FR 37053) and consider interpreting the scope of “waters of the United States” consistent with the Justice Scalia opinion (plurality standard) from Rapanos v. United States (2006). The EO instructed that any new proposed rule shall ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.

17 Nov 2017

MWMM

Expiration date: 12/8/2017

The U.S. Army Corps of Engineers Districts within the State of Missouri (Kansas City, Little Rock, Memphis, Rock Island, St. Louis) (Corps) have adopted the MWMM on November 17, 2017. The MWMM is the primary tool the Corps will use for the evaluation of wetland impacts and mitigation proposals for Department of the Army permit actions within the State of Missouri. This MWMM will enhance the Corps ability to protect the Nation’s aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions.

28 Oct 2016

Regworks

Expiration date: 12/19/2016

The U.S. Army Corps of Engineers has prepared a Draft Supplemental Environmental Impact Statement (DSEIS) for the Middle Mississippi River Regulating Works Project. The DSEIS is available for public review and comment. A Notice of Availability will appear in the Federal Register on November 4, 2016. The 45-day comment period will end on December 19, 2016.