The Nickel Report

Even as COVID-19 is altering daily routines and operations within the federal agencies, all indications are that natural resource agencies continue to work on agency priorities and to advance the regulatory agenda.  Agencies including the Environmental Protection Agency (EPA), US Army Corps of Engineers (Corps), US Fish & Wildlife Service (FWS), Natural Marine Fisheries Service (NMFS), and Council on Environmental Quality (CEQ) have not indicated any plans, at this point, to delay their efforts on the Administration’s key initiatives. Public interest groups and organizations representing state and local officials have asked the White House to freeze rulemakings that are not directly related to the COVID-19 response effort.  EPA has responded to these requests by noting that it continues to be open for business and is fully functioning.

The U.S. Army Corps of Engineers (Corps) recently issued the first Regulatory Guidance Letter (RGL) of the Obama Administration.  RGLs were developed by the Corps as a means of providing written, mandatory guidance to field offices, and are normally issued as a result of evolving policy, judicial decisions, and/or changes to the Corps’ regulations that affect the Corps’ permit program.