Headquarters Press Release
For Release
EPA and Army
Corps Issue Wetlands Decision
Contact: Cathy Milbourn 202-564-7824/milbourn.cathy@epa.gov
The
Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps)
today reiterated the Administration's commitment to the goal of "no net
loss" of wetlands in the United States. EPA and the Corps announced that
they would not issue a new rule on federal regulatory jurisdiction over
isolated wetlands.
"Today
we are reaffirming and bolstering protections for wetlands, which are vital for
water quality, the health of our streams and wildlife habitat," said EPA
Administrator Mike Leavitt.
Assistant
Secretary of the Army John Paul Woodley Jr. added, "We will continue our
efforts to ensure that the Corps' regulatory program is as effective, efficient
and responsive as it can be."
The
Supreme Court's 2001 decision in the case of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers
(commonly referred to as to "SWANCC") overturned the Corps' assertion
of federal jurisdiction over certain isolated wetlands based on the presence of
migratory birds. EPA and the Corps responded by issuing revised guidance to
their field offices. At the same time, the Agencies reaffirmed federal
jurisdiction over the majority of wetlands not impacted by the decision.
After
soliciting public comment to determine if further regulatory clarification was
needed, the EPA and the Corps have decided to preserve the federal government's
authority to protect our wetlands. The agencies will continue to monitor
implementation of this important program to ensure its effectiveness.
The
Administration is currently implementing dozens of programs to protect and
restore millions of acres of our Nation's wetlands. These include the Food
Security Act's "Swampbuster" requirements and the Wetlands Reserve
Program, both under the authority of the U.S. Department of Agriculture. EPA
programs include its "Five-Star Restoration" grant program, the EPA
wetlands grants programs and the National Estuary Program. Other federal
programs include: the Fish and Wildlife Service's "Partners in
Wildlife" program, the National Marine Fisheries Service's Coastal Wetlands
Restoration Program and the Migratory Bird Conservation Commission, composed of
the Secretaries of Interior and Agriculture, the Administrator of EPA, and
Members of Congress.
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