States Split Over ESA Consultation Mandate Before Assuming 404 Permits

States are split over whether EPA should reconsider its position that Endangered Species Act (ESA) consultations are not required before allowing states to assume Clean Water Act (CWA) wetlands permitting, with the divide appearing to relate to whether states are exploring assumption or are already issuing dredge-and-fill permits. The debate over a potential policy change, outlined in recent comments to EPA, is also reflected in positions taken by environmental and industry groups, where environmentalists believe ESA consultation should occur but...