Law360 quoted partner Duke McCall in an article on environmental policy developments to track in the new year, where he discussed hurdles faced by the US Environmental Protection Agency (EPA) in its proposal to streamline the process for states and Native American tribes to administer the Clean Water Act’s Section 404 permitting program for discharges of dredged and fill material.
"The agency's refusal to allow tribes and states to assume only parts of the Section 404 program (e.g., for only certain water bodies or types of projects), combined with continuing uncertainty and potential future changes regarding the water bodies that are [waters of the United States and] subject to the Section 404 program, is likely to dampen the interest of tribes and states in pursuing assumption," said Duke.