EPA Wetlands Permitting Rule Makes State Plans ‘Unattractive’

Environment attorney Rafe Petersen spoke with Bloomberg Law about how recent developments in federal water law affect Alaska's plans to assume control of a federal wetlands dredge-and-fill permitting program. The U.S. Supreme Court's ruling in Sackett v. EPA, which removed Clean Water Act protections on wetlands throughout the country, combined with a U.S. Environmental Protection Agency (EPA) proposed rule imposing judicial review for decisions to approve or deny dredge-and-fill permits, impede the state's ability to take over the program. Mr. Petersen commented on Alaska's concerns about the EPA's proposal.

"EPA wants to mandate certain jurisdictional requirements for courts in state-assumed programs. They will reject any state that has fee-shifting requirements or what they consider to be ‘narrow standing restrictions,'" he said.

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