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.
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