I’m a fan of Steven Wright’s sardonic humor and deadpan delivery (“I bought some powdered water… but I don’t know what to add to it.”). Apparently, the US Army Corps of Engineers is also a fan of Wright-esque word play based on a recently announced series of WRDA implementation guidance listening sessions where they are … Continue Reading
Most of our past Blog posts have been focused on current events, analysis of new trends, and breaking news. Today, we are sharing some news that is eight months old but that offers a potential and promising path for getting things done. Some of you may already know of a not-very publicized policy memo distributed … Continue Reading
If you answer yes to the questions below, you should carve out some time to participate in the US Army Corps of Engineers (Corps) next Public Private Partnership (P3) webinar: You are the non-federal sponsor of a federally authorized Corps project; The project construction cost exceeds $50M; The construction of the project includes a design, … Continue Reading
Amidst much fanfare, on Friday President Trump released a Presidential Memoranda (much like an Executive Order, yet different?) directing Federal agencies to work together to reduce regulatory burdens on Western water deliveries. It appears that the main thrust of the Memoranda is for NOAA Fisheries (which has Endangered Species Act oversight over certain fish species) … Continue Reading
We previously reported on and provided what appeared to be final drafts of the new 408 guidance. On Friday we received the formal version, and are providing access to it here: EC_1165-2-220. Keep coming back for more helpful information on legal updates & commentary on flood risk and floodplain management.… Continue Reading
We have reported many times in the past on U.S. Army Corps of Engineers’ 408 policy: Here, here, here, here, here, and here. Well, we recently obtained a copy of what appears to be the final guidance, albeit with no date on it. Also, we can’t find it on any government websites yet. So, we think this is … Continue Reading
Many thanks to the Louisiana Coastal Protection and Restoration Authority for filing such thoughtful comments on the Corps of Engineer’s draft 408 guidance. If you filed your own comments, please share them so we can post them here as well.… Continue Reading
The National Waterways Conference has submitted a letter in response to the notice published in the Federal Register on February 5, 2018, seeking comment on the draft Engineering Circular (EC) on 408 permissions. According to the notice, comments must be submitted by March 7, 2018. 83 Fed. Reg. 5075. The National Waterways Conference requests that … Continue Reading
Unfortunately, USACE has audio technical problems with its first webinar on the draft 408 policy. For those that are interested in downloading the Powerpoint, you can find it here. Also, here is the draft guidance. Remember, comments should be due on March 7 (30 days after Feb 5 if our math is correct). Finally, here … Continue Reading
Happy New Year!!!!!! Yes, it is actually February, but it is a new year for this blog as we turn our attention to a world full of flood risk reduction actions in the second year of the Trump Administration. We are hearing that on February 6 the Corps will be releasing draft guidance for 33 … Continue Reading
August 15, 2017 was a busy day for the Trump Administration. While interacting with the press and other politicians regarding the protests and counter-protests in Charlottesville, Virginia, the White House was also issuing an Executive Order with potentially far-reaching effects on flood management.… Continue Reading
A June 21, 2017 Memorandum issued by James Dalton, the U.S. Army Corps of Engineers Director of Civil Works, is designed to streamline a number of USACE processes, including: Embracing risk-based decision-making. While USACE has always been good at evaluating the risk of flooding from the present condition, or the future condition, it has not been … Continue Reading
This is a follow-up to our blog post last week, “FEMA Issues Draft Regulatory Amendments To Implement President Obama’s Executive Order 13690 And The Federal Flood Risk Management Standard; Comments Due By October 21, 2016.” FEMA’s Approach to Amending Its Regulations Many of the proposed amendments to the regulations focus on the details for the … Continue Reading
Introduction Executive Order 11988 (EO 11988) requires Federal agencies to avoid, to the extent possible, the long- and short-term adverse impacts associated with the occupancy and modification of floodplains where there is a practicable alternative. The Federal Emergency Management Agency (FEMA) is now proposing to amend its regulations (found in 44 CFR Part 9) which … Continue Reading
A little more than a year after the passage of the Water Resources Reform and Develop Act (WRRDA), the U.S. Army Corps of Engineers (USACE) has issued the draft guidance required by section 1018. And, from a local perspective, the draft guidance is quite good and appears to reflect a softening on some crediting issues that … Continue Reading
The U.S. Army Corps of Engineers (USACE) issued a new engineering circular (EC 1165-2-216) to provide policy and guidance for processing requests to alter USACE civil works projects pursuant to 33 U.S.C. section 408. This new circular collects existing guidance from several informal documents, codifies USACE practice from some USACE Districts that process many 408 … Continue Reading
