Bold Joins Group Letter Objecting to Army Corps Proposal to Re-issue “Nationwide Permits”

Bold Education Fund joined a July 18 letter addressed to the U.S. Army Corps of Engineers, objecting to the Corps’ proposal to re-issue several nationwide permits, which allow for streamlined environmental review, but the groups argue violate both the National Environmental Policy Act and the Endangered Species Act.

“In many instances, these permits are unlawful and unwise and must be either substantially modified or not re-issued,” the letter states. “Fundamentally, the Corps’ proposal fails to ensure that authorized activities will not cause more than minimal adverse impact individually and cumulatively. In several instances, the Corps allows unlimited or barely limited use of dozens of permits in a way that will affect or destroy stream and wetland resources, and even the Corps predicts that tens of thousands of acres of water resources will be impacted by authorized activities without being mitigated. Additionally, the Corps has provided little, if any, scientific data or analysis to support its claims that most of these NWPs have no more than a minimal adverse effect, individually or cumulatively, on the environment.

Although the Corps’ failure to abide by the Clean Water Act’s minimal adverse effect requirement is alone a fatal flaw with many of the proposed NWPs, the proposal is unlawful in several additional respects. For one, NWPs may not be used to cover activities that are not similar in nature, but several proposed permits fail to meet this criterion. Also, in many cases, the Corps does not comply with the section 404(b)(1) Guidelines, such as ensuring that impacts to waters of the United States be avoided and minimized before being allowed. Many of these flaws are especially pronounced in the Corps’ proposal to reissue NWP 12 without substantial changes. This permit has enabled significant environmental harm from the construction of oil and gas pipelines and attendant features without adequate project-level review and without meaningful opportunities for public engagement.” 

The joint letter was submitted by the Natural Resources Defense Council, Appalachian Mountain Advocates, Bayou City Waterkeeper, Bold Education Fund, Clean Water Action, Earthjustice, Environmental Integrity Project, Environmental Law & Policy Center, Food & Water Watch, Kentucky Waterways Alliance, League of Conservation Voters, Mississippi River Collaborative, National Wildlife Federation, Ohio River Foundation, Riverkeeper, Inc., and Sierra Club.

2025 NWP Multi-Group Comments for Submission