Setting Back Water Suppliers

In a decision with far-reaching implications for major water supply projects around the country, the United States Court of Appeals for the Fourth Circuit upheld the Environmental Protection Agency veto of an Army Corps of Engineers permit for the construction of the Ware Creek Reservoir in James City County, Virginia, under §404(c) of the Clean Water Act. In its December 30, 1993 decision, the Fourth Circuit applied a very narrow and literal reading of EPA's CWA §404(c) veto authority. The decision: (1) excuses EPA for disregarding its own longstanding policy of considering whether practicable, less environmentally damaging alternatives exist, and (2) ignores the important public policy concerns of providing water to the public.