The Trouble with Assumptions: An Analysis of the Ongoing Struggles with §404 Assumption

Abstract

The Clean Water Act's §404 allows states to assume control of wetland dredge-and-fill permitting from the Federal Government. However, since the bill was passed in the 1970's, only two states have successfully assumed control of the permitting program. Each state that has looked into assumption has run into barriers, issues, and problems that have prevented them from successfully assuming the program. I interviewed people involved with assumption at different levels of involvement, and this thesis seeks to provide a conflict management design system that will help states overcome some of the most pernicious issues.