A federal court decided in February that in the rush to transfer wetlands permitting authority to Florida in the final days of the Trump administration, federal agencies and officials had violated the Endangered Species Act and other federal laws.
Florida took over permitting under Section 404 of the Clean Water Act in December 2020. The EPA oversaw Florida’s program by reviewing draft permits. The state’s move was immediately challenged by environmental groups, seven of which filed a lawsuit in January 2021.
Courthouse News Service Reports: "The groups argued that the federal agencies and officials violated the Administrative Procedure Act, the Clean Water Act, the Endangered Species Act and the Rivers and Harbors Act..."
The decision, by U.S. District Judge Randolph Moss only resolves part of the lawsuit. Issues raised by the plaintiffs concerning other violations of the Clean Water Act and the Administrative Procedure Act still remain before the court. More https://www.courthousenews.com/epa-broke-federal-law-in-handing-off-wetlands-permit-approval-to-florida-d-c-judge-rules/
A newly released Government Accountability Office (GAO) report is shining a spotlight on a concern many in the mitigation banking industry have raised for years: inconsistent implementation of the federal compensatory mitigation program across U.S. Army Corps of Engineers districts. Under Section 404 of the Clean Water Act, the Corps requires compensatory mitigation
Read MoreFor too long, environmental policy debates have been framed around a false and unproductive premise: that economic growth and environmental protection are inherently at odds. This mindset is not only outdated—it is actively harmful to both outcomes. Mitigation banking offers a clear path forward. By design, it aligns economic incentives with ecological restoration, proving
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