Lawmakers Again Targeting EPA Authority To Veto Dredge-and-Fill Permits at Any Time

摘要

Attempts to limit the Environmental Protection Agency's authority to veto dredge-and-fill permits are under way in the 114th Congress, with introduction of one bill in January, another on Feb. 11 and a third on the way. The debate over the EPA's authority under Clean Water Act Section 404(c) will involve many of the same players as during the last Congress, when six bills were introduced, but none went to a floor vote. Lawmakers could target Section 404(c) authority by means other than stand-alone legislation, such as by attaching riders to appropriations bills, one environmental lobbyist told Bloomberg BNA. Either way, he said, if bills are passed and sent to the White House, President Barack Obama is unlikely to sign them. The business community is concerned about the EPA's authority to withdraw approval of disposal sites at any time because it could hinder certainty and discourage investment. However, opponents of the bills have said restricting the EPA would hinder the agency from fulfilling its duty of protecting the environment from irreparable harm.