EPA Will Conduct ESA Consultation For Florida’s CWA 404 Assumption

September 17, 2020
EPA is changing its position on whether Endangered Species Act (ESA) consultation is required as part of a state’s request to assume Clean Water Act (CWA) dredge-and-fill permitting from the Army Corps of Engineers, announcing it will conduct such consultation as a part of Florida’s formal application to receive such permitting authority. The policy shift is quietly included in a Sept. 16 Federal Register notice announcing the start of a 45-day public comment period on Florida’s complete program submission...

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