EPA Guidance?

By Steve Zurier. The federal EPA and the Army Corps of Engineers now want field staff to contact headquarters in Washington before issuing a permit in isolated wetlands. The new guidelines were issued as a follow-up to a 2001 Supreme Court decision that limited federal authority under the Clean Water Act to regulate certain isolated wetlands. The EPA and Army Corps also, in mid-January, initiated a 45-day public comment period to review wetlands regulations. What’s interesting is that both developers and environmentalists are upset. Environmental groups say the edict from the federal government weakens the Clean Water Act, thus making it easier for developers to obtain permits, while the NAHB issued a statement that said the EPA/Army Corps guidance was ambiguous and will lead to more confusion and litigation.