Judges Doubt Florida 404 Plan’s ESA Compliance But Query CBD’s Standing

A three-judge panel is weighing Florida and EPA’s appeal of a lower court ruling vacating the agency’s approval of the state’s Clean Water Act (CWA) section 404 program given its failure to ensure compliance with the Endangered Species Act (ESA), though during May 5 arguments the judges also questioned environmentalists’ standing to bring suit. Any ruling in the suit could set an important precedent as the Trump administration is expected to encourage other states to seek approval from EPA and...