4 Environmental Law Practice Guide § 19.02


Summary

  • [1] Federal Agencies

    Responsibility for implementing section 10 of the Rivers and Harbors Act remains with the Corps, while the CWA divides authority under section 404 between the Corps and the EPA. The Corps administers the permitting program under section 404 of the CWA,9Link to the text of the note and the Corps is also responsible for enforcement of permit conditions.10Link to the text of the note

    Section 404(b)(1) provides that the Corps’ decision whether to issue a permit must be based on guidelines developed by EPA “in conjunction with” the Corps.11Link to the text of the note EPA has ultimate authority to determine the extent of federal jurisdiction under the CWA12Link to the text of the note and may also “veto” a Corps permit decision or otherwise prohibit the use of certain sites.13Link to the text of the note EPA also has enforcement authority with respect to unauthorized discharges.14Link to the text of the note Finally, EPA has the power to authorize states to administer the 404 ...