Court Nixes Corps Memos Narrowing Farmland Water Permit Exemption

摘要

A federal court in Florida has overturned Army Corps of Engineers memos narrowing a Clean Water Act wetland permit exemption for farmland, backing industry in its argument that the Corps illegally set national policy in the memos without going through the formal rulemaking process.rnHowever, the court held a related case in abeyance pending possible appeals, leaving the door open for a continuing challenge to the memos if the court's decision is overturned or rescinded.rnThe U.S. District Court for the Southern District of Florida in a Sept. 29 order handed down a summary judgment in favor of industry in the case New Hope Power Company, et al. v. U.S. Army Corps of Engineers, arguing the memos were a "definite shift" in the Corps' policy and "were procedurally improper." The order is available on InsideEPA.com. Seepage 2 for details.