How to Appeal a Corps of Engineers Decision

It is not uncommon for disagreements to arise regarding the regulatory status of a wetland or stream. With changes to the Waters of the United States (WOTUS) rule, the development industry has often been left in a state of confusion. Additionally, there are instances where the Corps of Engineers' decision on a permit or jurisdictional determination may be challenged.

Army Corps of Engineers Appeals

In such cases, the Corps offers a regulatory appeals process that enables applicants and landowners to contest their decisions. This process requires the preparation of a request for an appeal, which must clearly articulate the reasons for the appeal and provide supporting evidence. The appeal must be filed within 60 days of receiving the permit or jurisdictional determination (JD) and will be reviewed by an appeals reviewer within the same division.

Follow The Process

If you are planning to file an appeal regarding the WOTUS rule, it is important to adhere to the following guidelines. Firstly, the request for an appeal must be submitted within 60 days of the original decision. Secondly, the appeal can only include information that is publicly available and has already been submitted; it cannot introduce any new information from the administrative record. Thirdly, it is crucial to identify the specific issue being appealed and provide content that relates to the language of the regulation at that time. The appeal must be contextualized within the WOTUS rule as it existed at the time of the challenged submission.

The appeal will be reviewed by an appeal review officer from the Division Office, provided an officer is available in that division. This appeal process offers applicants an opportunity to contest a district's decision outside of a court of law.

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