EPA Seeks Narrow Remand Of Florida 404 Approval Over ESA Consultation

EPA is conceding that it failed to consult with the National Marine Fisheries Service (NMFS) while reviewing Florida’s Trump-era application to assume Clean Water Act (CWA) section 404 permit powers, and is asking a federal appeals court to remand its approval of the program on that narrow issue even as it defends other aspects of its decision. The agency’s Sept. 16 opening brief in Center for Biological Diversity (CBD), et al. v. EPA, et al. maintains that EPA properly...