FOR IMMEDIATE RELEASE

Contact:

Julie Sibbing, National Wildlife Federation, (202) 797-6832
Daniel Rosenberg, Natural Resources Defense Council, (202) 289-2389

AMERICA'S WETLANDS IN DANGER

 Legal Loophole Leaves "Isolated" Wetlands in Peril, Says New Report

WASHINGTON (Embargoed until July 23, 2002) -A new report from two of the
nation's leading environmental groups warns of serious threats to people
and wildlife stemming from a 2001 Supreme Court decision narrowing the
scope of federal environmental protection for the nation's wetlands. The
National Wildlife Federation (NWF) and the Natural Resources Defense
Council (NRDC) say the ruling invites the destruction of millions of acres
of so-called isolated wetlands, eliminating their important role in
providing flood control, natural water purification and essential wildlife
habitat.

The report, "Wetlands at Risk: Imperiled Treasures," details the vital role
played by isolated wetlands across all regions of the country, highlighting
the important functions at risk. The report also calls for federal
legislation that would clarify Congress' view that the protection of
isolated wetlands is critical to water quality, public safety, wildlife and
other public interests, including hunting and fishing and that the Clean
Water Act protects isolated wetlands and other waters. The clarification is
essential because tens of thousands acres of wetlands of all types continue
to be lost each year in spite of Clean Water Act protections.

"America can't afford to squander all the benefits these wetlands provide,"
said Julie Sibbing NWF's wetlands legislative representative. "The court
may have opened the door to misguided wetlands destruction, but Congress
can shut it again."

Isolated wetlands get their designation from their lack of a direct surface
connection to other water bodies, though they are critically necessary to
the healthy functioning of the overall ecosystem. Because isolated wetlands
are often small or exist only for a short period each year, their
importance is often not appreciated by policymakers and the public. The
lack of awareness of their environmental importance makes isolated wetlands
especially vulnerable to development.

Congress included protections for wetlands in the 1972 Clean Water Act.
However, in January 2001 a divided Supreme Court held that a federal agency
had exceeded its regulatory authority under the law when it tried to block
construction of a landfill site that would destroy some 17 acres of
seasonal ponds that provide habitat for hundreds of migratory birds. (Solid
Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of
Engineers) The court held that habitat protection for the birds was not
enough to warrant government jurisdiction over the ponds and raised the
question whether the Clean Water Act protects "non-navigable, isolated,
intrastate" waters.

The court's ruling has created confusion by leaving open to interpretation
the question of which wetlands are in fact "isolated." Some have read the
decision to mean that isolated wetlands - possibly comprising as much as 30
percent of America's wetlands - are, in fact, excluded from protection
under the Clean Water Act.

Under the Clean Water Act, the Environmental Protection Agency has the
primary responsibility for protecting the nation's waters. In the absence
of clear guidance from EPA interpreting this ruling, U.S. Army Corps of
Engineers district offices across the country are taking widely varying
approaches to jurisdictional questions, in some instances declining to
protect waters that are still covered by the Clean Water Act. In addition
to supporting new legislation, NWF and NRDC are urging the Bush
administration to act quickly and definitively to ensure that federal
agencies fully understand the limits of the court's ruling and their
inherent responsibility to safeguard the nation's water resources.

"The Supreme Court's ruling makes the future uncertain for millions of
acres of wetlands, but the Bush administration can clear up the confusion,"
said Daniel Rosenberg, and attorney with NRDC's Clean Water Project. "It
all depends on how the administration views wetlands, either as natural
treasures worthy of protection or as places best suited for landfills,
strip malls, parking lots, and subdivisions."

###

Wetlands at Risk: Imperiled Treasures can be found online at www.nwf.org or
www.nrdc.org.

The nation's largest member-supported conservation education and advocacy
group, the National Wildlife Federation unites people from all walks of
life to protect nature, wildlife and the world we all share. On the web at
www.nwf.org, the Federation has educated and inspired families to uphold
America's conservation tradition since 1936.

The Natural Resources Defense Council is a national, non-profit
organization of scientists, lawyers and environmental specialists dedicated
to protecting public health and the environment. Founded in 1970, NRDC has
more than 500,000 members nationwide. Learn more about NRDC by visiting our
Web site at: www.nrdc.org.

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