• Mark Ryan

EPA Flips on the Yazoo Pumps 404(c)

In 2008, EPA vetoed the 404 permits needed for the massive Yazoo Pumps flood control project. It had been estimated that the project would impact 67,000 acres of wetlands. That's a crazy big number. The Corps has changed the project only very slightly by proposing to move the pumps a few miles from the orignally-planned location. Otherwise, it appears to be the same project with the same or very similar impacts. The EPA has now determined that it is a new project, and therefore not subject to the prior 404(c) veto.

This will almost certainly be challenged in the courts, and I doubt the Biden administration will support this new approval. I think the Agency is on weak ground calling it a new project. It'll be interesting to see how much weight the courts give the lame-duck EPA's current interpretation.

I have attached below some of the EPA and comment documents that were sent to me.

Conservation Organization Comments_Yazoo
Download • 3.64MB
Yazoo DSEIS Cover Letter Final 11.30
Download 20 • 282KB
Yazoo DSEIS Enclosure
Download PDF • 178KB
Yazoo DSEIS comments - final letter
Download PDF • 232KB
Final MRN letter from 123 groups_Yazoo P
Download • 449KB
Letter from 114 Scientists_Yazoo Pumps D
Download • 164KB

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.

35 views0 comments

Recent Posts

See All

Two New Cases

Red Lake Band of Chippewa Indians v. USACOE, 2021 WL 75744 (D.C. D.C. 2021) (granting motion to intervene by pipeline company in case challenging 404 permit for pipeline project, held that intervenor

Yazoo Pumps

Speaking of big last-minute administrative actions, the Corps is fast-tracking approval of the controversial Yazoo Pumps project. The comments below regarding the EIS were provided to me. Expect this

© 2016 by Ryan & Kuehler PLLC.

  • Facebook Basic Black
  • LinkedIn Basic Black
  • Twitter Basic Black