EPA to “Veto” Its Own Veto Authority under the Clean Water Act?
By Ankur K. Tohan, Cliff L. Rothenstein, Endre M. Szalay, and Tad J. Macfarlan
On 26 June 2018, in one of his final acts as Administrator of the US Environmental Protection Agency (EPA), Scott Pruitt issued a memorandum [1] that has set in motion a process to amend the regulations that govern the agency’s exercise of its “veto” authority under Section 404(c) of the Clean Water Act. [2] The memo directs EPA staff to prepare a proposal, within six months, that would potentially curtail EPA’s authority to effectively bar development projects that require a Section 404 dredge-and-fill permit from the US Army Corps of Engineers.
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