Does it make sense to petition for something that is technically required?
Many supposedly “required” elements of state programs, such as antidegradation implementation procedures, have fallen through the cracks over the years. When people find such deficiencies in their state programs, their instinct is often to file a lawsuit. But a simple petition for a rule change can be quicker, easier, cheaper, and less politically draining. It can also put you in the driver’s seat. By proposing specific, needed changes, you deal with a problem proactively. This can be good short-term strategy and long-term politics. Approaching a legal problem in this way also creates a record that can strengthen a lawsuit if one does indeed become necessary.
