Who Regulates Wetlands?
Federal protection of wetlands stems from several sources. Under the Clean Water Act, the Army Corps of Engineers (ACE) is authorized to issue permits for the discharge of dredge and fill material into waters of the United States. Coupled with this authority, and pursuant to the National Environmental Policies Act (NEPA), the ACE must complete an “environmental impact study” before issuing a permit for work in sensitive areas, especially wetlands. As added checks on the ACE’s authority to issue dredge and fill permits, the ACE is required to consult with other federal and state agencies whenever relevant and, by virtue of the Clean Water Act, the Administrator of the Environmental Protection Agency (EPA) retains the power to veto ACE-issued permits at the EPA’s discretion. While this veto is rarely used, it creates a type of power-sharing system.
