The US EPA Memo Intends to Restrict EPA’s Authority to Veto 404(c) Permits
On June 26, 2018 EPA Administrator Scott Pruitt released a memorandum addressing EPA’s veto authority over 404(c) permits under the Clean Water Act. Pruitt directed EPA to develop a rule proposal that would amend the regulations governing EPA’s veto authority which allows EPA to veto permits issued by the US Army Corps of Engineers or an approved state to discharge dredge or fill material at specified sites.
Pruitt’s suggestion is to restrict EPA’s prior use of its veto authority before a permit application has been filed or after a permit has been issued. Additionally, Pruitt’s proposed rule would require a regional administrator to review and consider the findings of a final Environmental Assessment or Environmental Impact Statement prepared by the Corps or a state before preparing and publishing notice of a proposed determination, and require EPA to publish and seek public comment on a final determination before the determination takes effect.
Source:
Memorandum from E. Scott Pruitt, Updating the EPA’s Regulations Implementing Clean Water Act Section 404(c), June 26, 2018