Florida's Vanishing Wetlands
and the Failure of No Net Loss

New study shows Supreme Court decision left wetlands vulnerable

Posted on Sept. 13, 2011 8:07 p.m.
By Craig Pittman

Last week the Environmental Law Institute released an extensive new study on the state of the nation's wetlands in the wake of the U.S. Supreme Court's decision in the Rapanos case.

The Rapanos case, as we've written about previously, ran counter to the intention of the original sponsors of the Clean Water Act, and thus has been the cause of confusion and other problems.

Now the ELI study shows how the U.S. Army Corps of Engineers has used the ruling to duck its responsibilities under the Clean Water Act by claiming it lacked jurisdiction to require permits.

ELI reviewed all of the Corps' publicly available online determinations from 2008 and 2009 that it lacked federal jurisdiction to require permits to alter wetlands because of Rapanos. That meant examining more than 2,500 wetland jurisdiction determinations from 31 Corps districts.

Over and over, the study found, the Corps cited Rapanos to claim no jurisdiction over ephemeral streams, prairie potholes, vernal pools, arroyos, bogs, Carolina bays, closed-basin lakes, oxbow wetlands, playas, and Southeast coastal plain gum pond wetlands -- even though, the study notes, " these wetlands provide valuable ecological services."

"Our study identifies loopholes in our Clean Water Act jurisdiction," ELI President John Cruden said. "The report should help state, local, and tribal governments fill the gap and protect vulnerable aquatic resources.” At least, until the next time the Supreme Court bungles a wetlands case.

Clean Water Act turns 40

Posted on Oct. 18, 2012 8:50 p.m.
By Craig Pittman

Today marks the 40th anniversary of passage of the Clean Water Act, one of the most remarkable, far-reaching and contentious ...

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Supreme Court gets a chance to botch another wetlands case

Posted on Jan. 8, 2012 9 p.m.
By Craig Pittman

On Monday, the U.S. Supreme Court will take up the somewhat tangled case of Mike and Chantell Sackett , whose ...

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U.S. wetlands are "at a tipping point" -- and worse off than report says

Posted on Oct. 13, 2011 10:05 p.m.
By Craig Pittman

The U.S. Interior Department issued its latest report on the status and trends of the nation's wetlands last week, and ...

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New study shows Supreme Court decision left wetlands vulnerable

Posted on Sept. 13, 2011 8:07 p.m.
By Craig Pittman

Last week the Environmental Law Institute released an extensive new study on the state of the nation's wetlands in the ...

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House casts historic vote to yank EPA's Clean Water Act authority

Posted on July 13, 2011 9:57 p.m.
By Craig Pittman

In a historic vote late Wednesday, the U.S. House of Representatives voted to yank the Environmental Protection Agency's authority over ...

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