USACE Broadening Definition of WOTUS

Adriana Caldarelli

The Army Corps of Engineers (USACE) recently announced that it was broadening its definition of “waters of the United States” under the Clean Water Act, consistent with the Biden Administration’s policy positions and recent court litigation.  This policy change could impact a number of projects across the country, specifically those project developers who obtained a Corps Jurisdictional Determination prior to the change in policy who may no longer be able to rely on it for permitting or development purposes.

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