Maintaining Cooperative Permitting Act of 2024 - Scott and Rubio

Senators Rick Scott and Marco Rubio are supporting the above referenced act. Regarding vacatur of Florida’s 404 permitting: Michigan was delegated in 1984, New Jersey in 1994 and Florida in 2021 this bill will codify these delegations which cannot be removed, if the State is doing the job - unless “the withdrawal is expressly authorized by an Act of Congress enacted after the date of this Act.”

Representative Aaron Bean will be supporting the companion bill in the House. The US House approved the “Creating Confidence in Clean Water Permitting Act.” (WEL blog 3/28) However the scuttlebutt shows Schumer will not table the bill for a vote.

The Florida Wetland Delineation methodology derived by Dr. John D. Tobe has been utilized in our State for decades - even when the Corps was overseeing 404 permitting process! The Jacksonville Corps office was in agreement, Dr. Tobe and his methodology was broader and more inclusive. (WEL blog 3/1) Reminder - SCOTUS last year removed isolated wetlands from Federal protections. (WEL blog 2/9)

Bottom-line development, bridges, restoration, education, energy, … all these projects and more have been taken off course by DC Judge Randolph Moss and his vacatur summary decision. Our Federal Representatives and Senators are putting efforts forth to remove this 404-permitting quandary; however it is apparent they are getting stonewalled.