Federal Agencies to Implement Contingency Plans Following Government Shut-down: Update #5

October 15, 2013

Updated October 15, 2013 (3:00 PM)

While negotiations are ongoing to fund the federal government and raise the nation’s debt limit, the U.S. Army Corps of Engineers today announced the closure of all regulatory offices nationwide that had been previously operating despite the government shut-down.  Additionally, the Chairman of the Federal Energy Regulatory Commission announced that the agency could continue operating at full staff for several more weeks.

AGENCY UPDATES

Army Corps of Engineers (Corps) (UPDATE).  The Corps announced, effective today, the closure of all regulatory offices nationwide.  The Corps will no longer be able to process individual permit applications (including Section 404 permits), pre-construction notifications for nationwide permits or regional general permit authorizations, or requests for jurisdictional determinations until after current year funding is received and the offices reopen.

Federal Energy Regulatory Commission (FERC) (UPDATE).  FERC Chairman Jon Wellinghoff indicated that he believes the agency could continue operating at full staff for “at least another couple of weeks.”  [Subscription required].   A FERC spokesman stated that there was no clear timetable for when normal business operations would cease if the shutdown continues. 

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Avi Zevin, Gabe Tabak, and Mike O’Neill, Van Ness Feldman’s newest associates, contributed to this alert.