"The Biden administration last week quietly and abruptly announced that developers can no longer rely on decisions made under a high-profile Trump-era Clean Water Act rule about which waters are federally protected to obtain new permits.
Legal experts say the move could have far-reaching effects throughout the building, mining and agricultural sectors.
At issue is a Jan. 5 post on the Army Corps of Engineers website explaining the agency will “not rely on” an approved “jurisdictional determination” issued under the Trump-era Navigable Waters Protection Rule “in making a new permit decision.”
The announcement applies to "jurisdictional determinations” that the Army Corps makes, good for five years, which pave the way for mining companies, developers and property owners to obtain permits to fill or dredge streams, tributaries, lakes and wetlands, ditches, swales and stormwater ponds. Wetlands and streams that are not given federal protections can be damaged and destroyed forever, along with their abilities to sequester carbon and protect downstream water quality."