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.
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