EPA Wetlands Permitting Rule Makes State Plans ‘Unattractive’

Alaska’s plan to take over a federal wetlands dredge-and-fill permitting program is becoming “unattractive” because of a proposed EPA regulation that would impose judicial review requirements on states and on the uncertain scope of wetlands protected under the Clean Water Act, Alaska officials say.

The Environmental Protection Agency in July unveiled the proposed rule that the agency said would help “streamline” requirements for states to assume control of dredge-and-fill permitting. The proposed rule would support “co-regulator” status with states over the discharge of dredged or fill material into federally protected waters, EPA said in its announcement.

But the US Supreme ...