In February, the Corps of Engineers (“Corps”) issued revised versions of its 48 nationwide permits (“NWPs”), authorizing certain categories of dredge and fill activities in wetlands and water bodies under Section 404 of the Clean Water Act. On the same day, the U.S. Fish and Wildlife Service (“FWS”) issued a Biological Opinion (“BiOP”) finding that the Corps’ NWPs do not adequately protect threatened or endangered species, and describing a series of reasonable and prudent alternatives (“RPAs”) to limit harms. Because FWS consultation is required under the Endangered Species Act (“ESA”), the BiOP resulted in the legality of activities authorized by… Read more