by Michelle Diffenderfer and Katherine L. Hupp

On Monday May 20, 2024, a three-judge panel for the D.C. Circuit Court of Appeals (“D.C. Circuit”) denied Florida’s request to reinstate its Clean Water Act Section 404 assumed permitting program. As a result, the United States Army Corps of Engineers (“Corps”) will continue to process 404 permit applications in Florida. This will be the status quo until the D.C. Circuit opines on the lower court’s decision to vacate Florida’s permitting program. Florida stated it will be seeking an expedited briefing schedule from the Court in order to move the case along.

 

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