Vol. 29, No. 10 ● November 23, 2021
In This Issue:
Corps Guidance Positions Permitting to Move Forward
Latest on WOTUS Definition Changes
Virginia Advances Plans for Tribal Inclusion in State Development Decisions
Corps Guidance Positions Permitting to Move Forward
WSSI received confirmation from the U.S. Army Corps of Engineers that they have resumed issuing permits that until recently relied on the 2020 Clean Water Act Section 401 Certification. This means that the Corps can begin to finalize Individual Permits and authorizations for work under the sixteen 2021 Nationwide Permits that were halted when a U.S. District Court vacated the Certification in October 2021.
Latest on WOTUS Definition Changes
On November 18, 2021, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced their intention to re-establish a more “durable” definition of the Waters of the United States (WOTUS). The definition reverted to its 1986 status, for the most part, and also follows guidance from subsequent Supreme Court decisions; this is how the definition has been treated since court decisions in late summer 2021.
Virginia Advances Plans for Tribal Inclusion in State Development Decisions
Virginia’s Governor Northam issued Executive Order 82 on November 18, 2021, directing certain state agencies to coordinate with federally-recognized tribes during the state review and permit process for development projects. The agencies – the Department of Conservation and Recreation, Department of Environmental Quality, Department of Historic Resources, and the Virginia Marine Resources Commission – have 90 days to provide plans outlining their consultation process.
