Corps Recasts §404 Permit Program, Braces for Political, Legal Skirmishes

May 1983
Citation:
13
ELR 10128
Issue
5
Author
Frances L. McChesney

Editors' Summary: Section 404 of the Federal Water Pollution Control Act, the Corps of Engineers' dredge and fill permit program, is once again the focus of legislative and administrative reform efforts. Legislative reforms include proposed bills to return the Corps' jurisdiction to traditionally navigable waters and to limit permitting time to 90 days. Administrative reforms have been more concrete. In July 1982, the Corps issued amendments to its regulations in response to the goals of the President's Task Force on Regulatory Relief. It also made substantial changes in memoranda of agreements between the Corps and other agencies, including the Environmental Protection Agency and the U.S. Fish and Wildlife Service, involved in reviewing permits. Environmental groups and some states are alarmed about the possible impacts on wetlands that such changes may allow. The National Wildlife Federation and other groups filed suit last December challenging many of the regulations. In addition, interest in §404 is heating up on Capitol Hill with hearings to consider the effectiveness of the program.

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Corps Recasts §404 Permit Program, Braces for Political, Legal Skirmishes

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