The Environmental Protection Agency and Army Corps of Engineers said on Nov. 28 that they will extend until Jan. 21 the comment period on their guidance document dealing with wetlands jurisdiction following the Supreme Court’s 2006 Rapanos decision.
The guidance was issued in June to conform to the court ruling, which said that although federal Clean Water Act authority extends beyond strictly “navigable waters,” some areas should be evaluated case by case. Associated General Contractors contends the guidance increases paperwork and may result in delays. Leah Pilconis, an AGC consultant, says AGC generally supports the guidance effort but will recommend the agencies develop a formal rule. “Only through a rulemaking can real lines [be drawn] and direction be given,” she says.