The Biden administration is close to finalizing a new policy that could allow more states to assume oversight of federally regulated wetlands, a prospect that has some environmental advocates on edge.
The EPA rule would change the process for the agency to give states and tribes the power to issue permits for infrastructure projects that harm wetlands. In all but two states, that authority currently lies with EPA and the Army Corps of Engineers.
The rule was proposed in response to states’ requests for clarity and improvements to the permitting takeover process, which has not been updated since 1988, according to EPA. On Wednesday, the White House Office of Management and Budget finished reviewing the final rule.
Some environmental advocates say the rule lacks sufficient guardrails, something they fear could be exploited under the incoming Trump administration.
