Proposed rules on endangered species and clean water: the impacts on project development

Over the course of three weeks in the spring of 2014, the United States Environmental Protection Agency (EPA), Army Corps of Engineers (Corps), U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) proposed three new rules and a policy regarding the regulation of water and endangered species. Each proposal on its own represents a significantly change to the current regulatory environment; combined, their effect is even more substantial and could slow or stop development in certain areas of the country. The three new rules are all responses in some degree to court decisions ruling that prior regulations or policies did not correctly reflect the statutory mandate. In all of the proposals, the administration has taken the opportunity to significantly expand the protections afforded the environment. The presentation would explain the proposed rules, how they would change the current regulatory regime, why the changes are significant, and their current status.