According to the updated regulation, a decision on a permit application will require either an environmental assessment or an environmental impact statement unless it falls under a categorical exclusion. The Corps also confirmed that district engineers must follow 33 CFR Part 333, which outlines procedures required under the National Environmental Policy Act (NEPA).
On July 3, 2025, the Corps issued an interim final rule that removed its former NEPA procedures. These procedures had previously been aligned with now-rescinded Council on Environmental Quality (CEQ) guidelines. The updated rule was designed to:
The rule also opened a public comment period through August 4, 2025, inviting input on potential further changes to the Corps’ NEPA implementation process.
Soon after publication, the Office of the Federal Register identified an error related to the instruction for §325.2. This triggered the July 15 correction.
This clarification reinforces that the Corps must conduct environmental reviews—either through assessments or full impact statements—before issuing permits for projects like bridges, dams, dredging, or construction in or near waterways. Unless a categorical exclusion applies, these reviews are required under NEPA.
The clarification is important for:
A policy analyst familiar with NEPA noted that the correction may seem technical, but it helps ensure procedural safeguards remain intact. “The original language could have been interpreted to weaken those protections. This correction reaffirms the Corps’ obligations,” they said.
Public comments are being accepted through August 4, 2025. Comments should reference Docket ID: COE–2025–0006.
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