State enforcement of wetland laws:

David Thomson wrote in the “Corps issues Rapanos Guidance” topic 08/14/07:

quote:

the Fed has happily handed over the CWA to states enforcement when their programs have met the Fed's expectations. There is at least one such instance, in New England, where the states are now in complete charge of CWA enforcement from NPDES to Section 404; the Fed is merely a "rubber stamp" in that region (i.e. programmatic permit for the state's programs).

David, I disagree with your statement on two counts. First, the corps has jurisdiction beyond the states’ powers in New England. At least in Vermont and New Hampshire. There is differing jurisdiction, and more importantly, if the corps doesn’t like a state wetland permit, they can object and refuse 404 coverage.

Secondly, it does not seem that the EPA actually want to give 404 authority to the states. Two states have managed to take over 404 authority from the EPA: Michigan and New Jersey. In Michigan at least, the corps later went to court to wrest back oversight authority from the state. Now the corps and EPA once again have the ultimate say over wetlands in Michigan.

So, far from giving authority to the states (as seems encouraged under the CWA), the corps and EPA are determined retain control over wetlands. What the corps and EPA do want is for states to do all of the hard work for them so they can sit back and choose which battles to fight. Why should the corps and EPA fight a thousand wetland permit battles if a state is willing to fight for them.