The Biden administration is preparing to finalize a new rule that could make it easier for states and tribes — rather than the federal government — to sign off on permits for polluting and filling in wetlands.
EPA’s rule updating the permitting transfer process is now under review by the White House Office of Management and Budget, according to a notice posted last week. It would be the first update to the requirements for state takeover of wetlands permits in 30 years and comes amid controversy over the issue in Florida.
Under the Clean Water Act, federally protected wetlands cannot be filled in for development, energy production or other uses without a permit. The permits are normally issued by the Army Corps of Engineers, but states and tribes can apply to run their own program instead.
For years, only two states — Michigan and New Jersey — had been granted that authority. Then, under the Trump administration, EPA granted Florida’s request to handle permitting for wetlands in the Sunshine State. But the decision was controversial, and a judge ruled this year that it ran afoul of the Endangered Species Act.
