4 Environmental Law Practice Guide § 19.02

Copyright © 2025 LexisNexis and/or its Licensors


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,9

    See 33 U.S.C. § 1344(a).

    and the Corps is also responsible for enforcement of permit conditions.10

    See 33 U.S.C. §§ 1319(g), 1344(s).

    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.11

    See 33 U.S.C. § 1344(b)(1).

    EPA has ultimate authority to determine the extent of federal jurisdiction under the CWA12

    See 43 Op. Att’y Gen. 15 (1979).

    and may also “veto” a Corps permit decision or otherwise prohibit the use of certain sites.13

    See 33 U.S.C. § 1344(c).

    EPA also has enforcement authority with respect to unauthorized discharges.14

    See 33 U.S.C. § 1319.

    Finally, EPA has the power to authorize states to administer the 404 ...