
- This event has passed.
April 14th (or 13th) is the deadline to comment on ACE rules for Energy Emergency process for Sec 404 of the Clean Water Act
April 14 @ 9:50 pm - 9:59 pm
April 14th (or 13th) is the deadline to comment on Army Corps of Engineer’s (ACE) rules for Energy Emergency process for Sec 404 of the Clean Water Act
Special Public Notice National Energy Emergency E.O. 14156 – use
of emergency processing procedures for Energy Emergency permits and use of
36 CFR 800.12(b)(2)
of emergency processing procedures for Energy Emergency permits and use of
36 CFR 800.12(b)(2)
The Omaha District [ACE] posted a special public notice
<https://www.nwo.usace.army.mil/Media/Public-Notices/Article/4147898/special-public-notice-for-special-emergency-processing-procedures-under-eo-1415/>
to our [ACE] website on April 7, 2025 for the use of the special emergency
processing procedures for activities covered by the National Energy
Emergency declared in Executive Order (EO) 14156
<https://www.federalregister.gov/documents/2025/01/29/2025-02003/declaring-a-national-energy-emergency> for Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act permits, which includes use of existing emergency procedures for compliance with Section 106 of the National Historic Preservation Act.
<https://www.nwo.usace.army.mil/Media/Public-Notices/Article/4147898/special-public-notice-for-special-emergency-processing-procedures-under-eo-1415/>
to our [ACE] website on April 7, 2025 for the use of the special emergency
processing procedures for activities covered by the National Energy
Emergency declared in Executive Order (EO) 14156
<https://www.federalregister.gov/documents/2025/01/29/2025-02003/declaring-a-national-energy-emergency> for Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act permits, which includes use of existing emergency procedures for compliance with Section 106 of the National Historic Preservation Act.
Quote from cited document:
” Special Public Notice for SPECIAL EMERGENCY PROCESSING PROCEDURES UNDER E.O. 14156 IN MONTANA, NEBRASKA, NORTH DAKOTA, SOUTH DAKOTA, AND WYOMING FOR SECTION 10 RIVERS AND HARBORS ACT AND SECTION 404 CLEAN WATER ACT PERMITS ISSUE DATE: April 7, 2025
” Special Public Notice for SPECIAL EMERGENCY PROCESSING PROCEDURES UNDER E.O. 14156 IN MONTANA, NEBRASKA, NORTH DAKOTA, SOUTH DAKOTA, AND WYOMING FOR SECTION 10 RIVERS AND HARBORS ACT AND SECTION 404 CLEAN WATER ACT PERMITS ISSUE DATE: April 7, 2025
TO WHOM IT MAY CONCERN: The purpose of this notice is to advise the public that the U.S. Army Corps of Engineers (USACE), Northwestern Division has approved the use of special emergency processing procedures by the Omaha District in accordance with 33 CFR § 325.2(e)(4) for activities covered by the National Energy Emergency declared in Executive Order (EO) 14156. That EO was issued on January 20, 2025, under the President’s legal authorities, including the National Emergencies Act (50 U.S.C. §§ 1601 et seq.) and 3 USC § 301. For the reasons stated in Section 1 of EO 14156, the President has found that insufficient energy production, transportation, refining, and generation constitutes an unusual and extraordinary threat to our Nation’s economy, national security, and foreign policy and declared a national emergency on the basis of those findings. The President has directed agencies to use, to the fullest extent possible and consistent with applicable law, emergency USACE permitting provisions to facilitate the Nation’s energy supply. These special emergency processing procedures have been approved for activities associated with the identification, siting, production, transportation, refining, and generation of domestic energy sources, including energy infrastructure, that require Department of the Army authorization under Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and/or Section 103 of the Marine Research, Protection, and Sanctuaries Act of 1972, as amended, where there would be an unacceptable hazard to life, a significant loss
of property, or an immediate, unforeseen, and significant economic hardship if the action
requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures
of property, or an immediate, unforeseen, and significant economic hardship if the action
requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures
To facilitate quick and effective communication given the 7-day comment
period under 800.12(b)(2) ( https://www.ecfr.gov/current/title-36/chapter-VIII/part-800/subpart-B/section-800.12 ) the Omaha District intends to submit Section 106
documentation electronically. Emails regarding Section 106 for E.O. 14156
projects will include “E.O. 14156” in the subject line
period under 800.12(b)(2) ( https://www.ecfr.gov/current/title-36/chapter-VIII/part-800/subpart-B/section-800.12 ) the Omaha District intends to submit Section 106
documentation electronically. Emails regarding Section 106 for E.O. 14156
projects will include “E.O. 14156” in the subject line
=============
Here is legal review of Trumps attempt to change regulations for energy emergency: