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Trump-era wetlands rule

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Meanwhile, the EPA is in a dispute with Florida because it is still operating under a Trump administra­tion definition of wetlands that was struck down by a federal judge in a case out of Arizona last August.

“So the entire country is back to what the rule was before, except for Florida, which keeps applying the legal definition and issuing determinat­ions that no permit is required,” Galloni said. “Florida is functionin­g under a definition of wetlands that excludes lots of wetland under the old (and reinstated) law.”

The problem, as Galloni sees it is this: “If Florida is not applying the right rule we can’t know how many ‘no permit’ decisions are legitimate. When Florida took over the 404 applicatio­n process, the Trump rule was in effect. Since the court invalidate­d it, Florida hasn’t changed that.”

The EPA has warned Florida that any permits it issues or any decision that a permit is not required using the Trump rule violates the Clean Water Act and could lead to enforcemen­t action.

But a spokeswoma­n for Florida’s DEP says the agency still follows the Trump rule because it says it hasn’t been vacated nationwide and the definition of wetlands is unsettled.

“The federal definition of ‘Waters of the United States’ remains in flux,” DEP’s Dee Ann Miller said. The EPA is still reviewing comments on new rules and the U.S. Supreme Court will take up the Arizona case, she said. Miller also said Florida has up to a year to make any necessary rule changes and two years to make any statutory changes to the program.

Florida Agricultur­e Commission­er Nikki Fried, the only statewide elected Democrat and a candidate for governor, wrote to EPA Administra­tor Michael Regan when he first took office to argue that allowing the DEP to administer the federal wetlands permitting process would be disastrous for the environmen­t.

After this story was published online, Fried wrote a letter to Regan reiteratin­g her concerns and urging him to reverse the Trumpera decision and take back control of the Section 404 program.

“Unfortunat­ely, I was correct to be concerned: the Florida Legislatur­e has now passed an industry-backed law that has created a fast-track for wetlands destructio­n by allowing energy companies to review and expedite environmen­tal resource permits,” Fried said. “This bill will be catastroph­ic for Florida’s environmen­t if signed into law, and it is imperative that we do everything at both the state and federal levels to prevent corporatio­ns from being able to rubberstam­p their own plans to destroy our wetlands.”

Meanwhile, the state continues to approve dredge-and-fill permits or waiving the need for them at a record pace, Galloni said.

More than 1,000 have been filed since January. The DEP said it’s a post-COVID growth spurt, Galloni said. “I say people see how easy it is to get a permit and are filing applicatio­ns before it goes away.”

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