EPA Centralizes Responsibility For Clean Water Act Jurisdictional Determinations

On March 30, 2018, EPA Administrator Scott Pruitt issued a memorandum and delegation of authority that move responsibility for the EPA's role in Clean Water Act Jurisdictional Determinations to EPA's Assistant Administrator for Water. Responsibility for this role previously resided with regional EPA administrators.

Jurisdictional Determinations are a critical aspect of the "dredge-and-fill" permitting requirements under section 404 of the Clean Water Act, and the determinations are closely linked to the contentious "Waters of the United States Rule" (see previous blog coverage here, here, and here). Jurisdictional Determinations are used to determine whether a particular project is subject to federal permitting requirements under the Clean Water Act.