December 09, 2019

State Assumption of Section 404 Permitting: The Ongoing Evolution of Cooperative Federalism under the Clean Water Act

Christopher Brooks

Section 404 of the Clean Water Act (CWA) regulates the discharge of dredged or fill material into waters of the United States. The 404 permitting program is traditionally administered by the U.S. Army Corps of Engineers (Corps), but 404(g) establishes a process by which a state or tribe may request authority from the Environmental Protection Agency (EPA) to administer its own dredge and fill permit program.

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