Inside EPA - 01/31/2020

7th Circuit Ruling Highlights Limits Of State CWA 404 Reconsideration

January 28, 2020
A federal appellate court has affirmed a lower court’s dismissal of a challenge to a state-issued Clean Water Act (CWA) section 404 permit, agreeing there was no final agency action to review but raising concerns about the limited options to reassess state oversight of certain waters for dredge-and-fill permitting. The ruling, in Menominee Indian Tribe of Wisconsin v. EPA, et al. , highlights a concern that there are few options available to parties to review which waters states control under...

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