Apalachicola Riverkeeper is part of Waterkeepers Florida, a coalition of 13 Waterkeeper organizations around the state. Together, we seek to protect and restore water resources across 45,000 square miles. Waterkeepers Florida (WKFL) supports regional efforts such as those affecting the Apalachicola River and Bay, but it also coalesces around statewide challenges and initiatives that can affect everyone. One current issue concerns Section 404 of the federal Clean Water Act. The following information summarizes Waterkeepers Florida letter sent to the Florida Department of Environmental Protection, expressing opposition to changes in federal Clean Water Act Section 404 related to for the discharge of dredge and fill material into Waters of the United States, including wetlands.
As we all know, Florida’s waterways are uniquely connected and are critical to our public health, our economy, and our environment. In light of our rapidly growing population and increasing development pressure, it is essential that these waters are afforded the utmost oversight and protection to ensure that the resources on which we depend are adequately protected. The Clean Water Act Section 404 requires permits for the discharge of dredge and fill material into Waters of the United States, including wetlands. Florida has particularly fragile and critical areas that are regulated by Section 404 dredge and fill permits, and which require the highest level of review and scrutiny.
Currently, federal Section 404 permits and state Environmental Resource Permits overlap in that both must be obtained for impacts above regulatory thresholds in federal waters. The additional oversight provided by the federal government based on their historic jurisdiction and agency expertise in this area is critical to adequately protecting our waterways. The federal authority to govern our waters has its origins in the Commerce Clause of the Constitution due to the central role that our waterways play in interstate commerce. Traditionally, wetlands have been subject to federal jurisdiction as well due to their critical role in providing watershed connectivity. As such, the Clean Water Act authority should remain with the federal government. Any delegation to the state would be inappropriate and incongruous with the spirit of the law. Our organizations vehemently oppose the state of Florida’s attempt to assume this authority. Read the full letter here.
We also submitted comments calling on the state to halt wetlands permitting changes until the public can comment in person, highlighted by a column by former senator and governor Bob Graham.Â
