Last December, under pressure from states, environmentalists, and hunting and fishing groups, the Bush administration withdrew a proposal to limit protection of wetlands under the Clean Water Act.
But the administration did not rescind policy guidance that relaxed protection for isolated wetlands, and environmentalists say this has allowed federal regulators to approve the destruction of thousands of acres of wetlands and avoid protecting many of the nation’s streams, lakes and rivers from pollution and development.
A new study released Thursday by Earthjustice, the Sierra Club, the National Wildlife Federation and the Natural Resources Defense Council (NRDC), documents some of the impact of the policy change.
It identifies 15 case studies where the U.S. Army Corps of Engineers has followed the policy guidance to justify lifting protection for ponds, lakes, rivers and entire watersheds, many of which the Corps considered ecologically sensitive.
The Suwannee River in northern Florida (Photo courtesy Florida Trail Association)
One case study highlights a decision by the Corps to remove protection for 3,997 acres of Suwannee River wetlands in Florida as part of the agency’s approval of a phosphate mine expansion.
Another documents how the Corps’ interpretation of the policy guidance relaxes federal protection for 20 percent of New Mexico’s waters, including 84 miles of perennial streams and rivers and 3,900 miles of intermittent streams and rivers.
“The Bush administration’s policy is based on the fantasy that if you let polluters dump sewage, oil and other toxic waste into small wetlands and streams, it will not ultimately wind up in our lakes, rivers and coastal waters,” said Daniel Rosenberg, an NRDC senior attorney.
The Army Corps did not comment on the report, which is based on federal documents obtained through Freedom of Information Act requests submitted to the Corps' headquarters and individual Corps districts.
It is not just environmentalists who are upset with the wetlands policy guidance.
Last week, 34 U.S. Senators – including four Republicans – sent President George W. Bush a letter asking him to rescind the policy guidance.
The administration says the guidance was needed in the wake of a 2001 U.S. Supreme Court ruling that found the Clean Water Act does not authorize the federal government to protect non-navigable, isolated wetlands solely based on their use by migratory birds.
The ruling demonstrated that the jurisdiction of the federal government under the Clean Water Act is vague and in need of clarification, according to the Bush administration.
Constructed pond on a recreational property in New Mexico built in 2000 now attracts birds and wildlife. (Photo courtesy Gila River House)
The policy guidance issued in January 2003 ordered the Army Corps and the U.S. Environmental Protection Agency (EPA) not to protect wetlands that are located within a single state and are not associated with any navigable waterway.
In addition, the administration told federal regulators in regional offices to check with officials in Washington before deciding whether to require permits for activities in intrastate, nonnavigable waters.
The EPA has estimated that some 20 million acres of wetlands in the continental United States may lose federal protection under the guidance.
The guidance could also leave tens of thousands of miles of seasonal and headwater streams and countless numbers of small lakes, and ponds without federal protection.
The administration has said that states can choose to protect any waters that fall through the cracks of the Clean Water Act, but critics believe the removal of a federal backstop undermines the law and ignores the interconnections of the nation’s waters and the value of isolated wetlands.
“The Bush administration is sweeping away 30 years of protection for some of our nation’s most important waters,” said Joan Mulhern, senior legislative counsel for Earthjustice. “Polluters have been given a green light to ignore the Clean Water Act, even when it may affect drinking water supplies.”
Critics say the administration is using a narrow ruling to instigate broad, sweeping changes to the Clean Water Act.
Three federal court rulings have supported the argument that the 2001 Supreme Court decision is a narrow ruling - not the basis for a sweeping change to the authority of the Clean Water Act.
Developers and some industries are keen to see less regulation of wetlands, and environmentalists believe that is what is truly driving the Bush policies, not the Supreme Court ruling.
"The Bush administration is pursuing a short-sighted policy aimed at satisfying oil industry and other polluter interests bent on dismantling our fundamental clean water safeguards," said Robin Mann, chair of Sierra Club's Clean Water Campaign. "The [report’s case studies] are just the tip of the iceberg.”
Sandhill cranes winter at isolated wetlands on the High Plains known as playa lakes. These small wetlands help support the surrounding agriculture by providing irrigation water and seasonally recharging the Ogallala Aquifer which is being used for irrigation and drinking water faster than it is being replenished. (Photo courtesy EPA )
The concern over isolated wetlands stems from the important roles they play in providing flood control, natural water purification and essential wildlife habitat.
More than half the wetlands in the lower 48 states have been destroyed – the federal government estimates some 105 million acres remain.
President Bush frequently touts his support of wetlands protection – in April he unveiled a plan to restore, improve and protect some three million wetlands over the next five years.
In response to the growing number of environmental concerns in the mostly pristine Suwannee River basin and the Suwannee River estuary system, the states of Florida and Georgia, several federal agencies, and local organizations have identified the Suwannee River as an ecosystem in need of protection because of its unique life forms and important water resources.
The U.S. Geological Survey is planning a scientific workshop on the Suwannee River Basin and Estuary September 22 to 24 in Cedar Key, Florida. Participants will discuss current and past research findings,identify information gaps and research priorities, and develop an action plan for coordinated and relevant research activities in the future.
A national symposium on U.S. wetlands of international importance will be held October 19 to 22 in Kansas City, Missouri. Wetlands 2004: Wetlands and Migratory Birds is organized by the Association of State Wetland Managers.
