Renewable Energy Law Alert: U.S. Army Corps of Engineers' Nationwide Permits Reissuance

On February 16, 2011, the U.S. Army Corps of Engineers ("Corps") published in the Federal Register its proposal to reissue 48 of its existing nationwide permits ("NWPs") and issue two new NWPs. 76 Fed Reg 9,174 (Feb. 16, 2011). The Corps is soliciting comments on the reissuance of the existing NWPs, General Conditions ("GCs"), and definitions, with some modifications, as well as the issuance of two new permits for land-based and water-based renewable energy projects and two new GCs. Several of the existing NWPs, GCs, and definitions; proposed modifications thereto; and the proposed new NWPs could apply to the development of renewable energy facilities. Additionally, as part of this process, Corps District offices are proposing Regional Conditions that will apply to the implementation of the NWPs in the District's territory.

Comments are due on the NWPs Reissuance by April 18th. Stoel Rives is preparing comments on the reissuance of NWPs on behalf of certain renewable energy clients, and is tracking each Corps District's proposal to issue Regional Conditions. The deadlines for submitting comments on District Regional Conditions vary by District. The following Districts have already issued proposed Regional Conditions:

• Alaska
• Albuquerque for Colorado
• Albuquerque for New Mexico
• Albuquerque for Texas
• Ft. Worth
• Hawaii
• Little Rock
• Louisville for Illinois
• Louisville for Indiana
• Louisville for Kentucky
• Memphis
• Nashville
• New York-Philadelphia for New Jersey
• Norfolk
• Portland
• Sacramento
• San Francisco
• Seattle
• Vicksburg
• Wilmington

Please feel free to call Aaron Courtney (503-294-9411), Sarah Stauffer Curtiss (503-294-9829) or Michael O'Connell (206-386-7692) if you would like further information. We would be happy to advise on the issues associated with the existing and proposed NWPs, or to assist with the formulation of comments.