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February 2006, Week 4

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Subject:
Fwd: UPDATE ON CWA SUPREME COURT CASES HEARD THIS WEEK
From:
Charles Winterwood <[log in to unmask]>
Reply To:
Iowa Discussion, Alerts and Announcements
Date:
Thu, 23 Feb 2006 07:42:56 -0800
Content-Type:
text/plain
Parts/Attachments:
text/plain (151 lines)
--- Navis Bermudez <[log in to unmask]>
wrote:
> 
> U.S. SUPREME COURT HEARS MAJOR CLEAN WATER ACT CASES
> 
> Yesterday, the U.S. Supreme Court heard oral
> arguments in two cases that
> could undermine federal protection of the vast
> majority of our nation's
> streams, wetlands, ponds and other waters.  The
> petitioners in the two
> cases (Rapanos v. U.S. Army Corps of Engineers and
> Carabell v. U.S. Army
> Corps of Engineers) maintain that the 1972 Clean
> Water Act protects only
> "traditional navigable" waters (those suitable for
> use by commercial
> vessels) and those wetlands and streams that are
> directly adjacent to those
> waterways.  This radical position -- which the Bush
> Administration's
> Justice Department is opposing -- contradicts how
> the act has been applied
> for more than 30 years.
> 
> It is clear from the oral arguments yesterday that
> the parties who wish to
> narrow the scope of the Clean Water Act are not
> going away.  This is an
> important time for highlighting those waters in your
> state that are at risk
> of losing protections if the Supreme Court sides
> with the petitioners in
> these cases.  Please take a moment to write an LTE
> (letter-to-the-editor)
> to your local paper.  I have provided a sample LTE
> below, as well as some
> state specific information that may be helpful in
> tailoring the LTE to your
> state.  Also, please feel free to contact me at
> [log in to unmask] if you need additional
> information or
> assistance.  Thanks, Navis
> 
> 
> This week/[February 21, 2006], the Supreme Court
> heard arguments in two of
> the most important Clean Water Act cases in the
> 34-year history of the
> Clean Water Act.  The decision before the court is
> whether the law protects
> all the waters of the United States--or only those
> waters you can float a
> boat on and the wetlands and streams immediately
> adjacent to those waters.
> If the court were to decide to limit the waters
> protected under the law,
> Iowa could lose [insert what is at risk]. 
> The Clean Water Act has
> worked for more than 30 years because it protects
> all waters of the United
> States.  I'm glad the State of Iowa signed on to a
> brief urging the Court to
> uphold these protections.[Or I'm really concerned
> that the State of Iowa
> signed on to a brief in favor of weakening the Clean
> Water Act.]  The
> Supreme Court should uphold the longstanding
> interpretation of the Clean
> Water Act and protect all streams and wetlands that
> are the lifeblood of
> America's waterways.
> 
> States Signing Brief in support of CWA
> New York
> Michigan
> Arizona
> Arkansas
> California
> Connecticut
> Delaware
> Florida
> Hawaii
> Illinois
> Iowa
> Kentucky
> Louisiana
> Maine
> Maryland
> Massachusetts
> Minnesota
> Mississippi
> Missouri
> Montana
> New Hampshire
> New Jersey
> New Mexico
> North Carolina
> Ohio
> Oklahoma
> Oregon
> Rhode Island
> South Carolina
> Tennessee
> Vermont
> Washington
> Wisconsin
> District of Columbia
> Pennsylvania
> 
> States Submitted Brief in opposition of CWA
> Alaska
> Utah
> 
> 
> 
> SUPREME COURT CASES PUT AT RISK WATERS IN YOUR STATE
> What is at Risk in your State
> Iowa*
> According to the U.S. EPA, nearly 43,000 miles of
> Iowa’s waters are
> non-perennial, the type of streams at greatest risk
> for elimination from
> the Clean Water Act if the Supreme Court rules in
> favor of the petitioners.
> In addition, some of the most common wetlands in
> Iowa, including prairie
> potholes, could lose federal protection. The Iowa
> Department of Natural
> Resources estimates that as many as 72% of the
> state’s prairie pothole
> wetlands could be at risk of losing federal
> protection.
> 

> Navis Bermudez
> Washington Representative
> Clean Water Campaign
> Environmental Quality Program
> 202.675.2392


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