Corps of Engineers Promulgates Revised Dredge and Fill Regulations
On July 19, the Army Corps of Engineers issued final revised regulations1 for its program of controlling discharges of dredge and fill material into waters of the United States pursuant to §404 of the Federal Water Pllution Control Act (FWPCA). The final rules contain a number of revisions from the interim regulations2 published in response to a court order in 19753 and are intended to meet criticism that the regulatory regime initially imposed was too complex and the relevant procedures and requirements too uncertain. Provisions for general and nationwide rather than individual permits for certain classes of activities, for instance, seem particularly designed to counter accusations that the Corps' dredge and fill jurisdiction under §404 of the FWPCA as interpreted by the court and the agency is overly extensive and should be legislatively cut back. The Corps does in fact face just such a legislative challenge from a section of the bill to amend the FWPCA passed by the House earlier this year.4