"Alaska and Nebraska are the only states that say they’re actively pursuing taking over the EPA’s dredge-and-fill permitting program for waters and wetlands as the agency prepares to update its rule governing such takeovers.
The states’ fervor to assume control of wetlands permitting within their borders is partly linked to the Supreme Court’s upcoming ruling in Sackett v. EPA. The states are watching to see whether the justices narrow the number of wetlands that fall under federal protections as waters of the US, or WOTUS.
States seeking to take over wetlands dredge-and-fill permitting hope it will speed up development because builders could avoid having to obtain a costly and time-consuming federal permit from the Army Corps of Engineers. If the high court shrinks federal protections for wetlands, taking over the federal wetlands permitting program will be easier, states say.
“If it reduces WOTUS, it reduces the permitting actions the DEC would have to do,” said Julie Pack, general counsel for the Alaska Department of Environmental Conservation, referring to the Supreme Court. “We’re quite excited for what effects that will have on our program once we assume.”"
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