Defining EPA Oversight

The current legal controversy over the Homestead Golf Course Project in Michigan is not about gold courses or wetlands. Rather, it is a dispute between citizen groups and the Environmental Protection Agency over how to interpret §404 permitting procedures of the Clean Water Act. This dispute began in 1988 when the Michigan Department of Natural Resources and EPA Region V disagreed over whether to issue a wetlands permit to a developer proposing to build a golf course next to the Crystal River. The legal controversy stemming from this disagreement highlights concerns for states interested in assuming the §404 permitting program, namely federal oversight. To avoid similar disputes in the future, EPA must more explicitly document the scientific basic for its decisions. In addition, federal regulation on assumption must be revised to be clearer and more flexible.