Restrictions on Nationwide Pollution Permits Upheld

[NVMojo]

Oct. 4 – Last week, a federal court overrode an attempt by industry groups to further ease regulations on industrial pollution of water.

The ruling upheld limits on nationwide pollution permits issued by the US Army Corps of Engineers. Unlike normal water-pollution permits for specific projects, nationwide permits grant blanket clearance across the country for pollution caused by certain types of industrial activities like mining and construction, which fall into a category known as "dredged or fill materials." The Corps can choose to fast track projects with a nationwide permit if it decides the proposed actions will overall cause "minimal" ecological damage.

Environmental groups decry such nationwide permits as a blank check for companies to pollute waterways while circumventing normal regulatory review.

Beginning in the late 1990s, the Corps of Engineers moved to tighten standards for nationwide permits. The new regulations included barring the exercise of nationwide permits in certain sensitive locations, requiring environmental mitigation measures, and limiting the size of the area that a project could impact.

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