August 11, 2000
EPA Announces "Tulloch" Clarification
Clean Water Network member organizations across the country and in
Washington, DC have been urging the EPA to close the "Tulloch loophole"
since it was opened in 1998. Today's announcement starts the ball
rolling by announcing a proposed rule. The rule and a fact sheet can be
found at http://www.epa.gov/owow/wetlands/dredgedmat/dredmat.html.
The EPA and the Corps have published a new proposal to strengthen
wetlands protection. The proposal will help stem the loss of the
Nation's wetlands by clarifying the types of activities that are likely
to result in a discharge of dredged material regulated under the Clean
Water Act. EPA estimates that since 1998 at least 20,000 wetland acres
have been targeted for ditching, draining, and destruction and
aproximately 150 miles of streams channelized because of a loophole in
Clean Water Act regulations. This new proposal will close that loophole
insofar as EPA has the authority under the Clean Water Act.
Once the Clean Water Network's wetlands workgroup has a chance to read
through the proposed rule we will post an analysis of the rule as well
as some sample comments. The public comment period does not officially
start until the rule is published in the FR (which should in the next
few days). There will be a 60 day comment period.
Some CWN members who have been working on this issue released press
releases yesterday. Below please find the press release from the
National Wildlife Federation and the Sierra Club.
For Immediate Release
August 10, 2000
Contact: Mary Burnette, (703) 790-4097
Julie Sibbing, (202) 797-6832
New Wetland Drainage Rule Will Help Arrest Abuse of Clean Water Act
The destruction of thousands of valuable wetlands acres nationwide could
be halted if a new Environmental Protection Agency/U.S. Army Corps of
Engineers proposed rule is adopted. The National Wildlife Federation
(NWF) applauds these government agencies for their recent attempt to
narrow a legal loophole in the Clean Water Act used to degrade and
destroy wetlands and streams. The loophole, commonly referred to as the
Tulloch-rule loophole, has been used by developers to side-step the need
for obtaining permits when draining or excavating wetlands, ponds or
streams.
"Since 1998, when this loophole was created by a U.S. Court of Appeals
ruling, developers have been given carte blanche to destroy more than
30,000 acres of wetlands," said Julie Sibbing, wetlands specialist for
NWF. "This abuse of the Clean Water Act has jeopardized an important
natural resource."
The EPA/Corps-proposed rule explains that many excavation and drainage
projects result in dredge or fill material being deposited in wetlands,
and as a result require a permit and environmental evaluation. It will
help to protect wetlands across the country from destruction like that
which occurred in North Carolina. Developers there drained more than
ten thousand acres of wetlands before the state could enforce a state
law to crack down on such activities.
"It was utterly devastating," said Chuck Rice, executive director of the
North Carolina Wildlife Federation. "Practically overnight they managed
to destroy these diverse, productive systems that sustain a variety of
wildlife species and protect our communities from flooding." During the
last hurricane, eastern North Carolina suffered severe flooding and Rice
is concerned that further wetlands loss will only exacerbate flooding
problems in the future.
Wetlands play an important role in reducing floods, recharging and
purifying water, and providing habitat to numerous species of plants and
animals. Use and abuse of the loophole has threatened important
national treasures, such as the Great Dismal Swamp in Southern Virginia,
which is at risk of being drained by ditches built to enable development
of nearby properties. A farmer's decision to clean out a section of the
headwaters of the Darby National Scenic River in Ohio caused a massive
discharge of sediment that reached miles downstream, degrading water
quality and threatening aquatic life.
A developer in Colorado, denied a permit by the U.S. Army Corps of
Engineers to drain wetlands, took advantage of the loophole to destroy
fragile wetland habitat along the Yumpa River. This was done despite
warnings that the project would lower water quality, increase downstream
flooding and endanger wildlife. The resulting waterskiing lake has been
dubbed Lake Tulloch.
Streams in the Rockies are at risk from in-stream gold mining, while
farmers in the central valley of California have interpreted the legal
loophole to mean anything goes in their efforts to drain wetlands and
channelize streams.
Much of the abuse of the country's valuable wetlands, streams, and
rivers that has been attributed to the Tulloch-rule loophole are
activities that are in fact covered by the Clean Water Act. "Hopefully,
this new rule will make local Corps districts take a closer look at
whether activities that claim exemption to the Clean Water Act really
are exempt," said Sibbing. While ultimately Congress needs to plug this
loophole for good in an amendment to the Clean Water Act, the new rule
will help provide better protection in the short term.
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.
The Federation has educated and inspired families to uphold America=s
conservation tradition since 1936.
FOR IMMEDIATE RELEASE
August 10, 2000
Contact:Robin Mann (610) 527-4598
Dirk Manskopf (202) 675-7915
IN CLEAN-WATER VICTORY, FEDERAL GOVERNMENT PROPOSES LIMITING
STREAM-DESTRUCTION LOOPHOLE
WASHINGTON -- The Sierra Club today applauded an announcement by the
U.S. Environmental Protection Agency and the Army Corps of Engineers
that those agencies will limit a loophole allowing developers to
destroy streams and wetlands. Since 1998, developers have used this
loophole in the Clean Water Act to destroy an estimated 20,000 acres
of wetlands and 150 miles of streams -- all without any oversight.
"Limiting this loophole should protect the streams and wetlands that
are home to thousands of birds, fish and other wildlife," said Robin
Mann, Chair of Sierra Club's National Wetlands Committee. "Streams
and marshes protect our communities by acting as a natural sponge,
soaking up water that would otherwise flood our neighborhoods. The
Sierra Club applauds the EPA and Army Corps of Engineers for working
to protect wildlife habitat and our communities."
In 1998 the D.C. Circuit Court ruled in favor of the National Mining
Association and developers, opening a gaping hole in the Clean Water
Act's provision that protects wetlands and streams. That ruling
directed that developers no longer need a permit from the Army Corps
of Engineers to excavate, ditch or drain a wetland -- as long as they
didn't dump soil on the site.
"The ruling created great confusion as to what was regulated and what
was not, and developers have taken advantage of that confusion to
wreak havoc on streams and wetlands," said Mann. "Crafty developers
have exploited the loophole by carving out ditches that drain wetlands
and redirect streams all without having to obtain any permit. This
loophole threatens America's water quality, flood protections, a wide
array of wildlife, and hunting and fishing opportunities for millions of
Americans."
>From one coast to the other, communities are suffering from dramatic
examples of stream and wetland destruction as developers and miners
use modified construction equipment to exploit the loophole. Today's
proposal should stem some of these losses.
"While we strongly welcome the actions taken today by the EPA and the
Army Corps, the ultimate solution to close the entire loophole must
come from Congress," said Mann. "However, it is unlikely this Congress
will step to the plate on this issue anytime soon and in fact we are
more concerned at this time that developers have been pushing riders to
weaken wetlands protections."
For more detailed information regarding this loophole and its impacts
visit http://www.sierraclub.org/wetlands/tulloch/.
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