Regulatory Alerts

On February 3, 2022, the United States Fish and Wildlife Service (Service) announced that the Morro shoulderband snail is no longer in danger of extinction and the Service is improving the snail’s listing status from endangered to threatened under the Endangered Species Act (ESA). 

On November 18, 2021, the U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (EPA) issued a proposed rule to define waters of the United States (2021 WOTUS Rule).

On October 21, 2021, a California District Court judge vacated the 2020 Clean Water Act 401 Water Quality Certification Rule (401 WQC) based on the determination that the rule is inconsistent with Supreme Court caselaw. Although 401 WQC can still occur under the 1971 401 WQC rule, the judge’s order has put project authorization under the 2021 Nationwide Permits (2021 NWPs) into limbo, resulting in a ‘pause’ of the U.S. Army Corps of Engineers (USACE) review and verification of projects seeking authorization under these general permits.