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General Permits: An Environmental Minefield

August 2016

Citation: ELR 10668

Author: William W. Sapp, April S. Lipscomb, and M. Allison Burdette

At bottom, Eric Biber and J.B. Ruhl argue in their recent article that general permits are a panacea for many of the difficult permitting issues that modern administrative agencies face. We have no quarrel with their conclusion in theory; however, in practice—at least in the environmental arena—agencies such as the U.S. Army Corps of Engineers often abuse general permits.

Bill Sapp is a Senior Attorney with the Southern Environmental Law Center. April Lipscomb is an Associate Attorney at the Southern Environmental Law Center. Allison Burdette is an Associate Professor in the Practice of Business Law at Emory University’s Goizueta Business School.

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