Environmental Law & Policy Alerts – Update from Somach, Simmons & Dunn

April 21, 2021

Trump-Era Clean Water Act Rule Takes Effect in Colorado on April 23, 2021, While Colorado Public Officials Renew Efforts to Craft a State-Level Dredge-and-Fill Permitting Program

Following a temporary delay in Colorado federal court, the Trump administration’s Navigable Waters Protection Rule (NWPR) will now take effect in Colorado on April 23, 2021.  Under the NWPR, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers will no longer require permits for operations affecting certain categories of streams and wetland areas previously subject to the Clean Water Act.  As a result, efforts are now underway in Colorado to establish the state’s own permitting program specifically for “dredge-and-fill” operations which, according to state executive officials, is necessary to create a lawful path forward for such activities that will no longer require federal permits. … Read More

Written by Daniel J. Condren