Industries Urge EPA To Maintain ‘Non-Discretionary’ Position On 404 Permits

Industry and free-market groups are urging EPA to maintain its current policy position that Endangered Species Act (ESA) consultations are not required before allowing states to assume Clean Water Act (CWA) wetlands permitting, and are calling on the agency to reject an alternative interpretation advanced by Florida officials. The debate over whether the agency should reconsider its position that state assumption of CWA section 404 dredge-and-fill permitting is a non-discretionary action -- and thus no ESA section 7 consultation is...