In Precedent, Federal Judge Affirms EPA’s Views Of CWA 404 Guidelines

In a precedent-setting ruling, a federal judge is affirming EPA’s interpretation of its Clean Water Act (CWA) section 404(b) guidelines, which detail criteria for evaluating dredge-and-fill activities, while rejecting the Army Corps of Engineers’ view, an approach that raises the bar on when the Corps can permit discharges of dredge-and-fill material. The ruling came in an Oct. 16 order in Save the Colorado, et al., v. Semonite, et al. , where Judge Christina Arguello of the U.S. District Court for...