Corps' Memos Could Boost Lawsuit Claiming 'Waters' Rule Violates NEPA

摘要

Internal Army Corps of Engineers memos suggesting the administration's Clean Water Act (CWA) jurisdiction rule should have undergone a full National Environment Policy Act (NEPA) assessment - despite EPA's position to the contrary - could potentially boost a lawsuit filed by 13 states claiming that the rule is fundamentally flawed because it violates NEPA. Instead of conducting a sweeping environmental impact statement (EIS) on the rule's potential adverse impacts and weigh options to mitigate those harms as required by NEPA, the Corps conducted a narrower environmental assessment (EA) and issued a finding of no significant impact (FONSI) to the environment. EPA in contrast claims that rule is exempt from NEPA requirements and that the Corps' EA was done "voluntarily."