Here are a couple of interesting notes from GREENLines today.
Forwarded by Jane Clark at [log in to unmask]
The wetlands loophole is the Tulloch Rule, which has allowed draining of
wetlands. Countless acres of wetlands are still senselessly destroyed each
year through other NWPs or individual permits or the "Tulloch loophole." We
must work towards fixing these loopholes in the Clean Water Act which
continue to let our wetlands to be destroyed. See related article I pasted
in below.
Closing the Tulloch loophole -- see related article in accompanying
message.
*I posted the cave note because of the reference to karst terrain, which is
the type of terrain found in NE Iowa and susceptible to pollution from
various sources.
========================================================
GREENLines, Tuesday, August 15, 2000, Issue #1194
From The Endangered Species Coalition.
ADMIN MOVES TO CLOSE WETLANDS LOOPHOLE: The Clinton-Gore
administration is proposing new rules "to protect environmentally
sensitive wetlands from development" says the NY Times 8/10. A court
decision 3 years ago opened up the loophole that has resulted in the
loss of 20,000 acres of wetlands and 150 miles of streams in the last
two years.
CAVE CLEAN UP VITAL TO ENDANGERED SPECIES: The clean-up of Hidden River
Cave in Kentucky highlights "one of the least-know frontiers of
pollution control: protecting subsurface landscapes, which underlie
one-fifth of the U.S." says The Christian Science Monitor 7/21. Caves
are among the least understood and "most sensitive" ecosystems in the
world and the karst terrain where caves are found is one of the most
vulnerable to pollution "because it lacks the natural filtration
provided by sand or soil layers." Some "10% of the cave systems in
America have been seriously damaged by water contamination, in some
cases threatening endangered species of fish, bats and other
creatures."
===========================================================
Tulloch Rule -- Background
COURT DECISION PAVES WAY FOR DEVELOPERS
The sounds of bulldozers ditching and draining wetlands can be heard
throughout the country as developers exploit a loophole in a law meant to
protect our clean water.
Last year (1998) the National Mining Association and developers won a huge
victory in the D.C. Circuit Court at the expense of our environment. The
court's ruling opened a gaping hole in the Clean Water Act's provision that
protects wetlands.
Developers no longer need a permit from the Army Corps of Engineers to
excavate, ditch or drain a wetland--as long as they haul the soil offsite.
The loophole has allowed a group of crafty developers to evade any
oversight by carving out ditches that drain wetlands. Eventually, they turn
the land into sites for golf courses, mini-malls and tract housing.
From one coast to the other, communities are suffering from dramatic
examples of stream and wetland destruction as developers use modified
construction equipment to exploit the loophole in the law.
Chesapeake, Virginia: Hundreds of ditches, some as deep and wide as eight
feet, have been used to drain and destroy more than 2,000 acres of forested
wetlands in and around the town of Chesapeake. Wetland losses in the first
ten months of the loophole were eight times greater than the total wetlands
destroyed over the last five years combined. More than 50 species of birds,
foxes and a variety of snakes are threatened. Popular bird watching sights
near Stumpy Lake and the canoe destination, the Great Dismal Swamp, are in
danger.
Colorado Springs, Colorado: After being turned down for permits, a
developer used the loophole to create a private water-skiing lake,
obliterating a fragile habitat along the Yampa River which included a great
blue heron rookery. The developer proceeded even after being warned by the
Environmental Protection Agency (EPA) that his plan would "result in
serious adverse impacts to the aquatic environment." EPA also noted that
the developer's actions would lower water quality, increase downstream
flooding and endanger wildlife, and have dubbed the project "Lake Tulloch."
Big Darby Creek, West-central Ohio: A farmer who felt he would never be
granted a permit from the Army Corps of Engineers because the creek is a
National and State Scenic River, exploited the loophole by changing the
direction of the creek near his property. Biologists fear the change in
flow of the creek has killed endangered mussels in the stream and will lead
to more downstream flooding.
Although the EPA estimates this loophole alone is causing 30 times more
wetland destruction than normal in certain regions, they can only estimate
since developers no longer need to notify the public of their activities. A
recent memorandum by the EPA describes how wily developers can use the
loophole in order to escape oversight and destroy wetlands and channelize
streams. EPA figures also show that between the date of the court ruling
and March 1999, more than 30,000 acres of wetlands were destroyed and over
150 miles of streams channelized as a result of this loophole.
The magnitude of wetland losses has been so great that the EPA memorandum
noted the loophole has created "significant and increasingly widespread
impacts on the Nation's human health and the environment." Furthermore, J.
Charles Fox, assistant EPA administrator of water called the loophole, "a
virtual blank check for [developers] in trying to get around the wetland
laws."
Wetlands protect our water quality, reduce flooding, provide habitat for
many endangered species, and provide hunting, fishing and bird watching
opportunities for millions of Americans. The EPA has stated the
"destruction of wetlands and channelization of streams we are seeing will
almost certainly result in increased property flooding for downstream
landowners, water quality impairment, loss of valuable wildlife habitat,
and negative effects on recreation and commercial fisheries."
The Clinton Administration has committed to proposing a new rule that would
comply with the language of the court's decision and still address much of
the pillaging. The federal agencies also need to follow through with
enforcement efforts that lessen the effects of the loophole. However,
Congressional action is the ultimate solution. Congress needs to enact
legislation to close this loophole and bring full protection to wetlands
and streams under the Clean Water Act. The American public must let their
members of Congress know that wetland and stream protection are important
to them. This loophole needs to be closed now.
By Kathryn Hohmann, Director
Environmental Quality Program
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