Corps of Engineers Suspends Issuance of All New Federal Nationwide Wetlands Permits
For the second time in just 60 days, the U.S. Army Corps of Engineers (the Corps) has suspended the issuance of any new Section 404 nationwide wetlands permits (NWPs) as a result of a court ruling on Oct. 21 by the Northern District of California vacating the Trump administration’s changes to the Clean Water Act (CWA) Section 401 Certification Rule. However, builders and developers can still use existing NWP permits.
Builders and developers rely on NWPs for a much faster and cheaper authorization process for projects that may impact federally regulated wetlands. For example, a 2002 study found that it takes an average of 313 days and $28,915 to obtain an NWP, while the average time and cost to secure an individual permit were 788 days and $271,596.
The permit stoppage is due to a procedural failing regarding the Corps’ programmatic certification of the recently reauthorized NWPs under the CWA Section 401 Certification Rule.