Federal Agencies Issue New ‘Dredge and Fill' Permit Guidance

In December 2008, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) issued joint guidance on the extent of federal control over water and wetlands.  Currently, a construction project owner or operator must receive approval from the Corps before building (i.e., conducting dredge and fill activities) in federally-controlled waters/wetlands. AGC commented on the 2007 draft version and brought meaningful change to the guidance.  Previously, a 2006 Supreme Court decision set some limits on what waters are subject to federal control, and the most recent guidance explains how both the Corps and EPA plan to exercise authority based on the decision. Click here for more information, or contact Leah Pilconis at (703) 837-5332 or pilconisl@agc.org.