The Biden administration finalized a rule Wednesday to ease the process for states and tribes to become responsible for permitting decisions that affect wetlands.
The rule will help reduce barriers for states that are interested in overseeing projects such as roads, pipelines and real estate projects that can damage or destroy wetlands within their jurisdiction, the agency said.
Currently, the Army Corps of Engineers considers wetlands permitting requests in all but two states. Companies and private citizens cannot harm or pollute wetlands regulated by the Clean Water Act without a permit.
The new rule reflects Congress’ vision of the Clean Water Act as a collaborative process among the federal and state governments, said Bruno Pigott, EPA principal deputy administrator for water. Some states have expressed interest in assuming oversight of wetlands permits but complained that the process — which was last updated in 1988 — was confusing and burdensome.
