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6/6/2023 7:23:07 PM
 
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Section 4: General Subject: Supreme Court & Wetlands Msg# 1187623
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I believe the bill was originally about waters of the United States, not low lying woodlands that may be “wet” at times. Look at the case involved. To deny a permit at that small lot was ridiculous.
ephemeral body of water
All of Ocean Pines is an ephemeral body of water. |
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For reference, the above message is a reply to a message where: Just because it's dry today or even this year doesn't mean it's not wet. Hydrology, soil and plant species surveys will still be required for the basis of a permit. Consultants that were previously being paid to determine "significant nexus" will now be paid to determine "continuous surface connection". Whatever that means... The court didn't make a clear definition. Things are about to become a lot worse for permitting before they get better. More than 50% of our wetlands are now under question and without guidance, the permit process will be at a stand still. Just about any ephemeral body of water could now be considered non-jurisdictional since the court implied "waters" as permanent. The USACE is already pausing permitting in areas that lack definition under the new ruling. States will pass their own regulations and muddy up the permitting process even further. Take a look at the mess Florida has created under DeSantis with the FDEP 404 takeover of the permitting process. Who's to say Florida's next administration won't throw it all out and start over leading to even more uncertainty. Now take that same model and apply it to every state. If it does become a free for all on wetlands under the old definition, we can look forward to an increase in pollution, a decrease in migratory birds, expanded threatened species and inevitable flooding in low lying areas. Congress should act to clean up the SCOTUS ruling but I doubt thats possible in todays partisan climate. |
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