ARTICLES

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Rulemaking Not Needed for Nation’s Waters PDF

by Scott Yaich

The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers’ request for comments prior to a possible rulemaking on the definition of “waters of the United States” leaves many scientists and environmentalists urging the agencies to continue to view the waters as interconnected systems in need of federal protection.

Scott Yaich, Ph.D., is the director of Conservation Programs for Ducks Unlimited, based in Memphis, Tennessee. His article draws on the organization’s comment to EPA’s Advance Notice of Proposed Rulemaking on the Clean Water Act definition of “waters of the United States.” The full text, along with a reference list, can be found at http://www.ducks.org/news/DUComments.pdf.

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Clean Water Act Congressional Intent PDF

by Leon G. Billings and Russ Feingold

Two voices from Capitol Hill present congressional perspectives on the Clean Water Act. The first recalls the intent of Congress during the writing of the original legislation; the second provides a contemporary view and proposes a clarification of the 1972 language.

Leon G. Billings is president of Leon G. Billings Inc., an environmental consulting firm in Washington, D.C. In 1972, he was staff director of the Senate Environment Subcommittee and principal environmental advisor to the chair, Senator Edmund S. Muskie of Maine, in which capacity he drafted the Clean Water and Clean Air Acts. This article first appeared in the May-June 2003 issue of the Environmental Forum, published by the Environmental Law Institute.

U.S. Senator Russ Feingold of Wisconsin was elected to the Senate in 1992 and re-elected in 1998. He serves on the Senate Committees on Judiciary, Foreign Relations, Budget, and the Special Committee on Aging.

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Local Regulatory Overreach Can Result in Illogical Applications PDF

by Ken Farfsing

Regulations in proper balance facilitate protection of threatened resources. Taken too far, they can become an unnecessary burden on local governments trying to manage local budgets and land resources. Experiences in California highlight the potential for regulations to hinder rather than help.

Ken Farfsing is city manager for the city of Signal Hill, California, and spokesperson for the Coalition for Practical Regulation, and group of 46 cities in the Los Angeles basin.

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Small Streams are Indispensable Waters PDF

by Judith L. Meyer

For federal agencies grappling with the question of which waters to regulate, aquatic scientists suggest policy solutions that are based on science. They report that very small streams play a disproportionately large role in maintaining the chemical, physical, and biological integrity of the nation’s waters.

Judith L. Meyer is the Institute of Ecology and River Basin Science and Policy Center’s Distinguished Research Professor of Ecology at the University of Georgia in Athens. Her article draws from comments on the Advance Notice of Proposed Rulemaking on the Clean Water Act regulatory definition of “waters of the United States.” The comments were signed by 85 professional aquatic scientists from more than 40 states.

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Federal Agencies: In Brief, Follow Your Own Counsel PDF

by Joan Mulhern and Michael Lozeau

While the regulatory agencies question the definition of “waters of the United States,” their own lawyers are arguing on their behalf that the current definition is sufficient. Environmentalists detail recent federal briefs and why the agencies should heed the decisions of the lower courts.

Michael Lozeau is a staff attorney with the Earthjustice Environmental Law Clinic at Stanford University. Joan Mulhern is senior legislative counsel in Earthjustice policy and legislation department. This article largely is based on comments filed by Earthjustice and 10 other environmental and conservation organizations that contain a full discussion of the legal, policy, and scientific arguments against the Bush Administration’s ANPRM and guidance. The groups’ comments are available at http://www.earthjustice.org.

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Jurisdiction Requires Overdue Overhaul PDF
by Virginia S. Albrecht

Much has changed over the 30-year life of the Clean Water Act, and the evolving patchwork of regulations has created jurisdictional uncertainties that hurt the nation’s economy. The regulated community would benefit from resolution of many of the questions brought to the forefront by the SWANCC decision.

Virginia S. Albrecht is a partner with Hunton & Williams LLP, a law firm based in Washington, D.C. Her practice focuses exclusively on environmental law and administrative law — in particular, the Clean Water Act wetlands program and other federal regulatory programs that affect land use.

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The Public Speaks Out: Comments from the Federal Docket PDF

The mountain of comments submitted through the federal agencies’ Advance Notice of Proposed Rulemaking offers an array of perspectives on the definition of “waters of the United States.” A selection of states and private groups provide a flavor of the public’s varied opinions.

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