US EPA & Florida Debate Trump-era Clean Water Act Permitting Regulations
The U.S. EPA and Florida are debating Trump-era Clean Water Act regulations for permitting.
According to E&E News, Florida wants to continue applying the old Trump definition in its permitting decisions.
The state has said that at least one project does not need a Clean Water Act (CWA) permit to damage wetlands and surface waters as a result.
In 2021, Florida was the third state in history to obtain authority from EPA to oversee wetland permitting in the state.
According to E&E News, the Florida Department of Environmental Protection (DEP) wants to continue applying the Trump rule under the State 404 program. In an email, Florida environmental officials said they will continue to implement the rule while discussions continue, stating that the Trump-era regulation was in effect when EPA transferred CWA permitting authority to the state. Additionally, the Florida DEP stated that these discussions encompass a “complex and unusual legal situation.”
Wetlands are at risk of being destroyed without a CWA permit review, including shallow, seasonal wetlands surrounding the Everglades that wood storks rely on for food, reported Greenwire.
If EPA objects to Florida’s management of specific projects and the state goes ahead with the project, EPA has the power to transfer the decision to the Army Corps of Engineers.
Tania Galloni, Florida managing attorney for Earthjustice, said EPA’s letters clearly outline that Florida is violating the Clean Water Act and that the state’s desire to continue forward with the Trump-era CWA regulations will ultimately benefit developers.
These deliberations will ultimately impact individual projects regarding wetlands and waterways affected by proposed mines, highway projects and construction. Additionally, the state argues that it has up to a year to make rule changes in response to EPA’s change in what constitutes WOTUS and two years to make statutory changes, reported E&E News.