Florida Eyes Novel MOU To Overcome ESA Hurdles For CWA 404 Permitting

Florida is seeking to develop a novel agreement with EPA and federal wildlife agencies to address concerns about endangered species protections that have prevented the state from assuming federal Clean Water Act (CWA) dredge-and-fill permitting authority from the Army Corps of Engineers. One state official says the planned Memorandum of Understanding (MOU) could serve as a model for other states seeking to assume the federal permitting authority by providing liability protections for incidental takes, a step that New Jersey and...