A number of months ago, I wrote a post about a decision of the D.C. Circuit Court of Appeals that upheld EPA’s broad interpretation of its authority to veto discharge sites assigned by the U.S. Corps of Engineers under section 404 of the Clean Water Act.  The case was appealed to the U.S. Supreme Court, which seemed likely to take the controversial case.  However, on April 18, 2014, the Supreme Court declined to do so. As such, EPA continues to have a solid legal basis for vetoing Corps’ discharge point decisions even after the 404 permit has been issued–which creates significant regulatory uncertainty for parties who have or wish to obtain a 404 permit.

Advertisements