What’s in store in 2026 for federal environmental permitting (Video)

On November 20, 2025 EPA published a proposed Rule defining Waters of the United States (WOTUS) with a final Rule changing the WOTUS definition likely in 2026. Based on EPA’s proposed Rule, proposed legislative NEPA changes, and implementation of recent Supreme Court decisions, 2026 will be a year of federal environmental policy uncertainty. 

Our colleague Ed Fleming spoke about this at a seminar in September (prior to the proposed Rule being published) sponsored by Burns & McDonnell.  

When it comes to permitting rules, Ed has first-rate insights and extensive experience. As former Commander of the US Army Corps of Engineers Charleston and New Orleans Districts, he oversaw permitting application and decisions on thousands of permit applications including several with major environmental and public impact.

If you want to know how the rules are likely to change (and in some areas, how they have already changed), watch excerpts of Ed’s discussion here:

If your organization is planning development that requires federal environmental permits and you would like to discuss how federal permitting rules may affect this effort, feel free to contact Ed at EFleming@DawsonAssociates.com.