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,9 and the Corps is also responsible for enforcement of permit conditions.10
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 EPA has ultimate authority to determine the extent of federal jurisdiction under the CWA12 and may also “veto” a Corps permit decision or otherwise prohibit the use of certain sites.13 EPA also has enforcement authority with respect to unauthorized discharges.14 Finally, EPA has the power to authorize states to administer the 404 ...