Spencer Fane attorneys Brianna Mathias and Jessica Merrigan authored the article What’s Changed In Army Corps’ Reissued Nationwide Permits, recently published by Law360.
In the article, which was originally a firm blog post, the team examines the U.S. Army Corps of Engineers’ reissued nationwide permits, highlighting key changes and clarifications in the 2026 final rule. They discuss modifications to general conditions, preconstruction notice requirements, and specific permits as well as the legal implications, emphasizing continued district-level discretion, the need for careful interagency coordination, and steps project proponents should take to maintain compliance and minimize regulatory risk.
“With respect to newly added notes encouraging coordination with the Coast Guard and the National Ocean Service, commenters raised concerns that the notes shift responsibility for information sharing from the Corps to permittees,” the team wrote. “In response, the Corps clarified that permittees are not required to wait for a response from these agencies before submitting a PCN, and that district engineers should not delay PCN review based on the engagement of other agencies.”
At the firm, Brianna provides practical, compliance-based counsel to businesses navigating both simple and complex environmental and energy law matters, with specific experience addressing regulations concerning health and safety within the mining industry.
Jessica counsels clients on environmental matters regarding regulatory requirements and represents them in litigation of environmental claims. She has significant experience helping clients in administrative negotiations with both the Environmental Protection Agency and state agencies, and assists with facility audits, compliance initiatives, and waste reduction programs.
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