EPA Weighs ESA Policy Change For States To Assume Wetlands Permitting

May 20, 2020
EPA is considering changing its position that Endangered Species Act (ESA) consultations are not required before allowing states to assume Clean Water Act (CWA) wetlands permitting after Florida -- one of several states eyeing such permitting authority -- wrote a white paper contending that the consultations are necessary. In a Federal Register notice scheduled for publication May 21, EPA explains its current position, first outlined in 2010 and based on a 2007 Supreme Court ruling, as well as the...

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