Climate-Proofing Our Infrastructure: Building Climate Resilience with the Army Corps of Engineers
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Our law firm secured an entitlement ruling for a dredging contractor in a $5.7 million claim against the U.S. Army Corps of Engineers. The Armed Services Board of Contract Appeals (ASBCA) ruled that the government withheld...more
On July 28, 2025, the Director of Civil Works for the United States Army Corps of Engineers (USACE), Eddie Belk, issued guidance for analyzing induced flooding. This guidance is intended to help USACE Districts and Divisions...more
The Congressional Research Service (“CRS” has issued an August 6th Explanatory Memorandum titled: Continuing Authorities Programs (CAPs) of the U.S. Army Corps of Engineers (“Memorandum”). The Memorandum provides an...more
A new Executive Order directs agencies to accelerate federal permitting and environmental review processes for large-scale AI data center projects and supporting components. The DOE has designated four federal sites for...more
There have been more changes to the National Environmental Policy Act (“NEPA”) and its implementing regulations in the past nine months than perhaps at any point since NEPA was signed into law by President Nixon on January 1,...more
1 See National Environmental Policy Act Implementing Regulations, 90 Fed. Reg. 29498, 29498 (July 3, 2025) (codified 43 C.F.R. Part 46); Procedures for Implementing NEPA; Processing of Department of the Army Permits, 90 Fed....more
The U.S. inland waterway system is a critical and underutilized component of the domestic supply chain that serves intrastate commerce and non-contiguous markets originating in or destined for Alaska, Hawaii, and U.S....more
The debris removal process for the LA fires is currently underway. The process is split into two phases, each managed by a different government agency. Phase One is managed by the United States Environmental Protection Agency...more
The Army Corps of Engineers has identified over 600 energy and other infrastructure projects that could be fast-tracked under President Donald Trump’s National Energy Emergency declaration, according to a Reuters review of...more
The United States Government Accountability Office (“GAO”) published a February 20th report titled: Army Corps of Engineers: Geographic Distribution of Construction Funding for Water Resources Projects (“Report”)....more
President Trump concluded that the integrity and expansion of the energy infrastructure of the United States is an immediate priority for the nation's economic and national security....more
The United States Government Accountability Office (“GAO”) issued a January 9th report titled: Army Corps of Engineers: Expedited Permitting Process Would Benefit from More Transparency (“Report”)....more
Pursuant to Executive Order 14156, the United States Army Corp of Engineers (“Corps”) has reclassified 690 Clean Water Act Section 404 Wetland Permits as Emergency Actions. Executive Order 14156 is entitled “Declaring a...more
On January 24, 2025, President Trump issued Executive Order 14181 (“EO 14181”), entitled “Emergency Measures to Provide Water Resources in California and Improve Disaster Response in Certain Areas.” While alluding to...more
The United States Senate Environment & Public Works Committee has advanced the following legislation: Water Resources Development Act of 2024 (“WRDA2024”). The Water Resources Development Act is biennial legislation...more
Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled: Murky Water: Navigating...more
Reports of climate-related disaster have made headlines across the country, from flooding in California to record-breaking heatwaves in the Pacific Northwest and all manner of extreme weather in between. These phenomena seem...more
ntroduction America’s water infrastructure has long faced a critical need for funding and modernization. According to the American Society of Civil Engineers, there is a $105 billion funding gap for drinking water and...more
The dust from the 2022 Midterm Elections has settled and the 118th Congress has begun. Republicans were successfully able to flip control of the House and now have a 222-212 majority with one vacancy to be filled. Democratic...more
The Water Resources Development Act of 2022 (“WRDA 2022”) was recently enacted into law. WRDA was enacted as a component of the National Defense Authorization Act....more
On December 19, 2022, the U.S. Army Corps of Engineers (Army Corps), Sacramento District released its Draft Environmental Impact Statement (EIS) for the Delta Conveyance Project. The Army Corps is the federal agency tasked...more
On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes...more
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more