Industries Doubt States’ Fears Of CWA Rule Undermining 404 Power Push

Construction and other industry attorneys are doubting state water regulators’ fears that Trump administration plans to narrow the scope of the Clean Water Act (CWA) could undermine states’ push to assume dredge-and-fill permit power under section 404 of the law, countering that the precise impacts of the CWA rule remain unclear. “I don’t yet understand how a state could say confidently that it doesn’t really make a lot of sense for them to pursue 404 because they perceive a narrowing...