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The ECOS Proposal for Expanded State Assumption of the CWA

March 2009

Citation: 39 ELR 10209

Issue: 3

Author: Lance D. Wood

Editors' Summary

The Environmental Council of the States (ECOS) recently proposed that Clean Water Act §404 be amended to "remove the barriers" to state assumption of the §404 program. ECOS' specific proposals are unnecessary, unwise, and unworkable. The best and most reliable approach for protecting aquatic resources involves a vigorous federal §404 program along with effective state use of state §401 water quality certifications, Coastal Zone Management Act consistency certifications, and supplemental state law to fill in any gaps in the federal program.

Lance D. Wood is Assistant Chief Counsel, Environmental Law and Regulatory Programs, U.S. Army Corps of Engineers Headquarters, Washington, D.C., where he has been employed since 1976, and is an Adjunct Professor of Law at George Washington University Law School. This Article presents only the personal opinions of the author; it does not necessarily represent the official viewpoint of the U.S. Army or the Corps.

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