Petition of the day

Issue: Whether, under Section 404(c) of the Clean Water Act, which gives the Environmental Protection Agency authority to “prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site” for dredged or fill material before the Army Corps of Engineers has issued a permit to discharge that material, the EPA has the uncabined authority to withdraw disposal site specifications years after the Corps has issued a permit, thereby effectively nullifying a permit properly issued by the Corps.