EPA, Florida Scramble To Prevent Vacatur Of State 404 Program, Citing Harms

February 6, 2024
EPA and Florida are urging a federal court against vacating the biological opinion (BiOp) and/or incidental take statement (ITS) the agency relied on when it approved the state’s assumption of Clean Water Act (CWA) 404 permitting authority, calling instead for a remand that would avoid what they cite as “severe regulatory uncertainty” in the wake of a vacatur. EPA filed a Feb. 4 post-hearing submission of remedy to the U.S. District Court for the District of Columbia in the suit...

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