challenge to a Michigan hardrock mine sidestepped questions about whether groundwater falls under the reach of the Clean Water Act (CWA), though the Army Corps of Engineers says the ruling offers a precedential statement of its discretion in administering its dredge-and-fill permitting program.Lee...
The federal §404 program currently operates in 48 of the 50 states, and still protects many aquatic resources even in Michigan andrnNew Jersey (the two states that have assumed certain §404 program responsibilities) because a state can only assume §404 permitting authority for non-tidal and ...
The Center for Biological Diversity (CBD) is urging a federal district court to find that EPA violated the Administrative Procedure Act (APA) when it allowed Florida to assume Clean Water Act (CWA) section 404 permitting authority, arguing the agency erred in setting an immediate effective date ...
A federal judge appeared sympathetic to environmentalists’ claim that the Trump administration’s approval of Clean Water Act (CWA) dredge-and-fill permitting powers for Florida was procedurally flawed, but during a March 15 hearing struggled with whether they were directly harmed by those violation...
EPA, et ah, from the agency says its ability to block states from issuing section 404 dredge-and-fill permits that it deems too lenient is merely part of the permitting process set out in the water law and not \"tyranny\" requiring judicial intervention as Marquette's allies have claimed ...
Florida is seeking to develop a novel agreement with EPA and federal wildlife agencies to address concerns about endangered species protections that have prevented the state from assuming federal Clean Water Act (CWA) dredge-and-fill permitting authority from the Army Corps of Engineers.Lara Beaven...
rejected a petition that sought judicial review of EPA's \"objections\" to proposed Clean Water Act (CWA) dredge-and-fill permits, letting stand an appeals court's decision that requires applicants to instead wait until a formal agency approval or denial before challenging the permitting process...
EPA is poised to issue its long-awaited proposal that would update requirements and processes for states to assume Clean Water Act (CWA) 404 dredge-and-fill permitting authority amid uncertainty on the rule's scope in the wake of the high court's decision in Sackett v. EPA and what waters...
The source compares this to sectors involving linear projects or land disturbances, such as mining, oil and gas development, or housebuilding, which under the new rule could face increased CWA section 404 permitting. One environmentalist says that agriculture is "treated disproportionately leniently in...
Trump administration plans to narrow the Obama-era standard for determining Clean Water Act (CWA) jurisdiction might undercut some states' plans to assume CWA section 404 dredge-and-fill permitting authority, a top state water official says, because it would limit the waters subject to the law ...