Comment on whether EPA’s approval of a Clean Water Act Section 404 program is non-discretionary for purposes of Endangered Species Act Section 7 Consultation

Activity

Western Urban Water Coalition filed 1 comment on this docket between Jul 10, 2020 and Jul 10, 2020. 11 other organizations filed here. The comment window closed 2213d ago.

What Western Urban Water Coalition filed (1)

Abstract

The Environmental Protection Agency (EPA) requests comment on whether the EPA should reconsider its current position that consultation under Endangered Species Act Section 7(a)(2) is not required when the EPA approves a State or Tribe's request to assume the Section 404 dredged and fill permit program under Section 404(h) of the Clean Water Act (CWA). CWA Section 404(h)(2) states that if the Administrator determines that a State program submitted under Section 404(g)(1) has the authority set forth in Section 404(h)(1) of the CWA, then the Administrator “shall approve” the State's application to transfer the Section 404 permitting program. The Agency has received a request to reconsider its position that approval of a State’s Section 404 program is a nondiscretionary action, and thus under the Endangered Species Act, Section 7 consultation is not required. Comments in response to this notice will be considered as the EPA reviews this position. If the EPA changes its current position, then the Agency would take the position that the Agency has discretion to consult on CWA Section 404 program assumption. Therefore, Section 7 consultation under the Endangered Species Act (ESA) would apply to State and tribal requests to assume the Section 404 program (and some subsequent program revisions) and the EPA would consult on these actions with the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) under the Endangered Species Act FWS under the ESA as appropriate.

• Western Urban Water CoalitionTHIS ORG

  1 filing · confidence 85%
• National Association of Home Builderstrade assoc.

  2 filings · confidence 97%
• American Petroleum Institutetrade assoc.

  1 filing · confidence 97%
• Defenders of Wildlife

  1 filing · confidence 97%
• Earthjustice

  1 filing · confidence 97%
• Florida Chamber of Commercetrade assoc.

  1 filing · confidence 85%
• National Wildlife Federation (the Federation or NWF)trade assoc.

  1 filing · confidence 85%
• Oregon Concrete and Aggregate Producers Associationtrade assoc.

  1 filing · confidence 85%
• Oregon Farm Bureau Federationtrade assoc.

  1 filing · confidence 85%
• Pacific Legal Foundationtrade assoc.

  1 filing · confidence 85%
• Region 10 Tribal Operation Committeetrade assoc.

  1 filing · confidence 85%
• Southern Environmental Law Center (SELC)

  1 filing · confidence 97%