January 13, 2017
The Corps’ decision to exclude references to the WOTUS Rule affirmatively responds to concerns raised by ICSC that NWPs would incorporate the revised definitions contained in the water rule, whose merits the U.S. Court of Appeals for the Sixth Circuit are reviewing. Had the Corps included those references in the NWP package, it could have expanded the types of areas subject to those permits.
For more information, please contact ICSC Global Public Policy at gpp@icsc.com.