Last week, U.S. House Transportation and Infrastructure Water Resources Subcommittee Chairman Bob Gibbs (R-Ohio) reintroduced H.R. 896, the “Regulatory Certainty Act,” which would clarify the Environmental Protection Agency’s (EPA) role under Section 404 of the Clean Water Act (CWA).
The bill clarifies that EPA does not have the authority to veto a Section 404 permit after the Army Corps of Engineers has issued the permit as the Agency did in the case of the Spruce Mine in West Virginia.