Search
  • Mark Ryan

Enviro Groups Challenge EPA's Approval of the Florida 404 Program

A group of seven environmental groups has filed a complaint in the D.C. District Court challenging EPA's recent approval of the Florida 404 program. Florida is only the third state to ever be approved, after Michigan and N.J., which were both approved years ago. The complaint, a copy of which is attached below, raises numerous legal arguments under the CWA, the RHA, the ESA and, of course, the APA. It will be interesting to see how the new Biden administration treats this complaint. I suspect the new administration will remain favorable to approving the Florida program, but will be more of a stickler for complying with the law. I wouldn't be surprised if we saw a voluntary remand to allow EPA to fix the problems, then re-approve the program.

001 - Complaint
.pdf
Download PDF • 345KB


If you would like to receive email notifications of new blogposts, go to the signup button above, leave your email, and you'll be alerted to updates.

22 views0 comments

Recent Posts

See All

A Special Treat

In my April 12 blogpost, I explained that I would be retiring soon, and with retirement I would be retiring the CWA Blog at the end of May. In that post, I referenced a special treat for my readers. A

Six New Cases

We have three Circuit Court cases this round, which is unusual. None are earth-shaking, but the Rio Hondo case is worth a read if TMDL/anti-backsliding/WQ permit limits are your thing. The Center for

Enviro Groups Sue the Corps Over Pipelines

A number of environmental groups have sued the Corps over NWP 12, alleging that the modifications to the NWP failed to properly analyze environmental impacts of pipelines. The NWP modifications pushed