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ARTICLE · 11 NOVEMBER 2016

Army Corps Rolls Out Guidance To Help Determine Jurisdiction

Troutman Pepper Locke LLP
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The United States Army Corps of Engineers has issued its first Regulatory Guidance Letter in 8 years.

United StatesEnvironment
Shannon Varner
Shannon Varner
Andrea Wortzel
Andrea Wortzel
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The United States Army Corps of Engineers has issued its first Regulatory Guidance Letter ("RGL") in 8 years. The new RGL supersedes two previous guidance letters (RGL 07-01 "Practices for Documenting Jurisdiction under Sections 9 & 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act" and RGL 08-02 "Jurisdictional Determinations.") and describe differences between "approved" jurisdictional determinations ("AJDs") and "preliminary" jurisdictional determinations ("PJDs").  Issuance of RGL 16-01 appears to be motivated by a recent US Supreme Court decision holding that "approved" jurisdictional determinations are subject to judicial review (US Army Corps of Engineers v Hawkes Co., 136 S.Ct. 1807 (2016)) and questions on that decision's impact on the Corps' willingness to issue JDs.

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