Congress must restore Clean Water Act protections
Last update: November 11, 2005 at 4:52 PM
<snip> It was a narrow and somewhat technical decision, which appeals courts have subsequently refined. But the Bush administration has seized on it to essentially stop protecting wetlands except when the law leaves it no choice.
One GAO study found that Corps headquarters requires its local offices to get its permission for applying wetlands rules in cases where its authority could be questioned, and unofficially discourages them from doing so. The administration has promised a new jurisdictional rule since 2001, but it's still in the talking stages, leaving citizens powerless to challenge the Corps' enforcement decisions. Indeed, there's no real way to gauge the breadth of this new hands-off approach; the GAO found that the Corps records almost nothing about its decisions to decline jurisdiction.
In a separate investigation, requested by Minnesota's Rep. Jim Oberstar, the GAO looked at how thoroughly the Corps is assessing developers' compliance with wetland-replacement rules. No surprise: Corps officials, citing vague and sometimes conflicting requirements from Washington, are requiring only a handful of developers to document these projects, and rarely inspect the results to see if they live up to developers' claims.
The consequences of this abandonment? Not another city-killing hurricane, perhaps, but thousands of little environmental disasters -- local floods, tainted drinking water, vanished wildlife, big repair bills. The solution is so simple: Congress can amend the Clean Water Act to restore the Corps' pre-2001 authority. What is it waiting for?
http://www.startribune.com/stories/561/5722248.html