The U.S. Army released a memorandum taking initial steps to empower States and tribes in assuming Section 404 permit authority under the Clean Water Act (CWA). Letters are also being sent to all fifty State Governors and the tribal leaders encouraging them to assume the federal 404 permitting program. The memorandum and more information is available at: https://www.army.mil/asacw/. Swamp School will be holding a webinar on the topic.
Also below, please find information on the upcoming FDEP Public Land Acquisition and Management Conference, which will be returning after a 10-year hiatus.
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Trump admin encourages states to take over water permitting
By Annie Snider
08/07/2018 11:47 AM EDT
The Army Corps of Engineers and EPA are encouraging states to take over their controversial Clean Water Act permitting program and are boosting their process for allowing them to do so.
The process of obtaining a dredge-and-fill permit can be one of the most time consuming and expensive aspects of major projects for industries such as mining, homebuilding and oil and gas. The Trump administration says its goal is to streamline that process, allowing states to be one-stop shops by assuming responsibility for implementing that part of the Clean Water Act.
A new memo from R.D. James, the top political official overseeing the Army Corps, marks the first step in that process. James outlined a narrow interpretation of the Clean Water Act’s requirement for the federal government to retain oversight of waterways used for interstate navigation, a move that would allow states to assume control of over most wetlands and streams within their boundaries. The issue is entirely separate from the question of which waterways are protected under the Clean Water Act — the fight over the definition of Waters of the U.S.
EPA, which holds ultimate oversight of the 404 program, is also updating its regulations for how the program can be taken over by the states, David Ross, its top water official, told reporters on a conference call Tuesday.
More than 15 states have approached the administration with interest in taking over the program, said Alex Herrgott of the White House Council on Environmental Quality.
“This is an administrative change that is harmonizing our coordination with states,” Herrgott said of the Army Corps memo. “There are no compromises to existing environmental protections.”
Florida, with the support of its state Legislature, has been moving to assume the program, and other states are also beginning to lay the groundwork.
While the Clean Water Act allows states to take over the dredge-and-fill program for most waters, only two states — Michigan and New Jersey — have so far done so since the law was enacted in 1972. By comparison, more than 40 states have taken over a separate permitting program for discharges from factories and wastewater treatment plants.
But Herrgott said it would be up to states to find money within their budgets to take over the new program. The Trump administration has previously moved to cut such federal grants to states.
In the past, states have decided against taking over the program when they realized how much it would cost to take over such a large and complicated effort with little support from the federal government.
“When it becomes a question of funding, it becomes a question of priorities at the state level of reducing project times,” Herrgott said.
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Swamp School Webinar on 404 Assumption
To better help us all understand the scope and impact of this major policy change, The Swamp School will be hosting an interactive webinar on August 29, 2018 at 1 PM ET. They will be discussing the July 2018 Corps Memo, the EPA’s 2017 Assumable Waters Subcommittee report and discussing how some states may move to expedite the assumption process. In addition, they will also discuss the how the current Waters of US definition debate factors into this as well as what may define a Federal wetland versus a state wetland.
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FDEP Public Land Acquisition & Management Conference registration information is available at http://www.ces.fau.edu/plam2018/index.php. It should be a wonderful forum to meet with the regulators.
DATE AND TIME
Mon, Oct 1, 2018, 5:30 PM –
Wed, Oct 3, 2018, 12:00 PM EDT
LOCATION
Hyatt Regency Sarasota
1000 Boulevard of the Arts
Sarasota, FL 34236
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