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What to Do When the Corps of Engineers Turns You Down

Updated: May 20

“It may surprise some who have had contentious relationships with the Corps of Engineers over project permits, but Corps professionals take no delight in pointing out deficiencies within an application…. But the law is the law. Regulations stemming from that law must be met. Otherwise, Corps approvals risk being overturned during judicial review leading to additional delays and lost revenue.

“So, what do you do when the Corps tells you your project’s permit application is in jeopardy of disapproval? We’ve compiled a menu of strategies to consider that will best position your project for rescue.”

Our colleagues Gary Loew and Michael Walsh have more than 70 years combined service in the U.S. Army Corps of Engineers. Michael served as Commanding General of three Corps of Engineer divisions before being promoted to Deputy Commanding General for Civil and Emergency Operations.

Gary’s service included six years as head of the Army Civil Works Programs Integration Division where he was responsible for the Corps’ $5+ billion annual civil works programs involving navigation, environmental restoration, natural disaster response and waterway regulation.

They recently co-authored an important article for anyone seeking to better understand Army Corps of Engineers environmental permitting, especially how to respond when a project is turned down. Titled “What to Do When the Corps of Engineers Turns You Down,” the article appears in Pipeline & Gas Journal, the industry’s top trade publication.

In addition to suggestions on overcoming Corps of Engineer objections, the article explains why the Corps makes the decisions it does and how applicants can sometimes head off a negative decision before it happens.

Dawson & Associates has posted the article here [LINK], with permission from the magazine. If you are with a company planning a federal permit application, we welcome the opportunity to speak with you. Please reach out here.

Steve Dawson

Chief Counsel


The views expressed here are those of the author and do not necessarily reflect the views of Dawson & Associates.


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