WETLANDS BUREAUCRATIC WARS - COURTS MAY SHIFT BALANCE OF POWER

The Federal Water Pollution Control Act, which later became the Clean Water Act, handles pollution from industrial and commercial discharges differently from dredge and fill pollution associated with waterway m aintenance and navigation. Congress divided responsibility for the lat ter between the Environmental Protection Agency and the Corps of Engin eers. Some ambiguity has arisen as to which agency has primary respons ibility for the 404 permit program. Although the Corps is presumed to have major administrative responsibility, the Environmental Protection Agency through its veto power to the permit system has become the dom inant agency since 1980. A Virginia project that involves a permit to destroy wetlands for an urgently needed water supply illustrates the p roblems associated with shared responsibility. The validity,of a permi t for this project is currently in the courts. There is the possibilit y that the policy guiding the current 404 permit program may change, a t least with respect to permits involving water supply. The ultimate d ecision in this case could make significant changes in the operation o f the 404 permit program in the future.