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Florida Lost Its CWA Permitting Power. Now What?

Environmental Law Chair Jeff Porter spoke with Law360 about the chances that the State of Florida, or any other State, will receive authority from the EPA to issue Clean Water Act Section 404 “dredge and fill” permits anytime soon. Florida had been given that authority by the EPA at the end of the Trump administration, only to have a Federal Judge take it away last week.

Jeff told Law360, “I don’t think a bunch of states are going to be seeking to be delegated this authority, at least while there’s a Democratic administration. And I don’t think a lot of states are going to find a receptive audience in the federal government, which I would expect is pretty passionate about keeping the remaining authority [it has since the Supreme Court’s decision in Sackett v. EPA dramatically scaling back that authority last year].”