Industry Fears EPA Connectivity Study Could Aid CWA Jurisdictional Findings

摘要

Industry groups are urging EPA to include experts with regulatory and policy backgrounds on its Science Advisory Board (SAB) panel that will review the agency's long-awaited study on water "connectivity," saying the agency has indicated it plans to rely on the study in making field determinations on Clean Water Act (CWA) jurisdiction even before it revises its policies for determining the law's reach. The industry groups, and some state regulators, argue in comments obtained by Inside EPA through a Freedom of Information Act request that it is imperative that at least some panelists have familiarity with the legal implications of CWA jurisdiction and the water law's section 404 permitting program-given that jurisdictional determinations often trigger requirements that landowners obtain 404 permits for dredge-and-fill activities.