Dredge and fill activities are an essential feature of mining projects, infrastructure construction, and coastal rehabilitation. While the U.S. Army Corps of Engineers is the largest dredge and fill operator in the United States, it is also the federal agency responsible for permitting such activities. As a check on the Corps, the Clean Water Act grants the United States Environmental Protection Agency veto power over dredge and fill permits. Over the last thirty years, however, the increased use of nationwide general permits has disrupted the balance of power between these two federal agencies. General permits authorize dredge and fill activity without individualized environmental review. Significantly, the Environmental Protection Agency has never vetoed a general permit. This Note addresses this power imbalance by arguing that statutory authority exists for an expanded application of the veto power.
The Case for Vetoing General Permits under Section 404(c) of the Clean Water Act
