Out with the Old, in with the New: The Corps' Controversial Interpretation of the 404(b)(1) Guidelines

In South Attleboro, Massachusetts, lies a 50-acre wetland which is the focus of a potentially precedent-setting decision under Section 404 of the Clean Water Act. The site-specific issue is whether a developers’ proposal to construct a shopping mall complies with the Environmental Protection Agency (EPA) 404 (b) (1) Guidelines and, thus, is authorized under 404. In a broader context, however, the controversy may decide whether EPA or the Army corps of Engineers has the final authority for interpreting the Guidelines.