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| Wetlands Assault (Part Two) |
| After the 2001 Supreme Court decision, which limited federal jurisdiction for isolated non-navigable wetlands, protections for wetlands are gradually diminishing in a mirage of bad science and skewed interpretations of laws. According to an article in the Los Angeles Times, "Rule Drafted That Would Dilute the Clean Water Act," the Bush administration has drafted a rule that will narrow the scope of the Clean Water Act. This change would virtually guarantee the filling of wetlands and the creation of a new market for commercial development. The Act would no longer protect ephemeral washes or streams that do not have groundwater as a source, streams that flow for less than six months out of a year, and wetlands. In January 2003, the EPA and Army Corps of Engineers announced that they were looking into "what wetlands and streams are included in definitions of waters of the United States." At that time states urged the federal government to retain a broad definition but, invariably, it appears the Bush administration has ignored the doctrine of states' rights in the pursuit of commercial gain. Worst of all, if this regulation change occurs, it will be up to states to provide protection for another class of wetlands and it may be the case that some are not prepared to do this. As the building trend continues, especially true of large-scale upper class homes, states may invariably lose the opportunity to protect their remaining wetlands before commercial building interests capitalize on these regulation lapses. It already seems to be occurring in one state -- Florida. An EPA employee, Bruce Boler, left after he disagreed with a methodology being used to review wetland permits. The methodology, known as the Harvey Harper methodology, promotes as one of its concepts the ludicrous idea that wetlands discharge more pollution than they absorb. This strange conclusion was made after a study, "Evaluation of Alternative Stormwater Regulations for Southwest Florida," conducted by the company Harvey Harper heads, Environment Research & Design, was commissioned by the Water Enhancement and Restoration Coalition (WERC). Although the name sounds as if they are for wetland protection, it is actually a group primarily composed of developers who are apparently fed up with some of their permit rejections in Southwest Florida. The report was presented in August to WERC and is now in use by state and federal permitting agencies as sound science; even though there was no public review and many scientists question its validity. The report not only has questionable methodology, but also has not been reviewed by other water quality experts and has conclusions that are widely rejected by mainstream science. It has been shown numerous times that the loss of wetlands can be detrimental, especially in times of high rain. Developers and builders contend that man-made wetlands serve the purpose and, in some cases, do a better job, but experience and sound science indicate otherwise. There is no substitute for real wetlands, which protect us from flooding, filter our water, and provide critical natural habitat. If the Bush Administration has its way and other states follow Florida's example, wetlands will be, at some point, something we look at in museums. |
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more information about SERC, or to use our services, contact our national
headquarters at:
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106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
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106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]
