Way down upon the Suwannee River......the rules are changing.

[madfloridian]

http://www.motherjones.com/news/feature/2003/36/ma_495_01.html

SNIP....."Until January 10, 2003, many of the streams and wetlands on 3,997 acres of the expansion area were protected by the Clean Water Act. But on that date the Bush administration, through its Army Corps of Engineers and Environmental Protection Agency (EPA), issued a "guidance document" instructing field agents on how not to apply the Clean Water Act. No longer were they to bust parties who filled or fouled "isolated waters" that are non-navigable and "intrastate" (completely in one state) just because migratory birds are present.
No definition of "isolated waters" was provided, but the agencies have since proclaimed them to be streams that flow intermittently or dip underground, and wetlands that don't have obvious connections to larger waters. The document also ordered agents to seek "headquarters approval" before issuing a citation, thereby dooming enforcement by initiating an endlessly ascending chain reaction of butt-covering permission requests...."

[quaker bill]

1. a bit of info

"Isolated wetlands" under 404 CWA are typically termed "above the headwaters" which is defined as the point where streamflow is typically less than 5 cubic feet per second (CFS). Many minor contiguous tributarys will be eliminated from federal jurisdiction under this ruling as well.

This change was spawned by a SCOTUS decision. It was greeted warmly and expanded by the Bushies. There are several challenges still working their way through the courts on this issue.

I do environmental enforcement for a living for a state agency. In the past I always had good cooperation from the Feds on wetlands and Endangered Species Act cases. They are no longer on the scene.

I started a case on a Bald Eagle management issue last year. I was working from the federal guidelines and the specific guidance given for this particular nest by USFWS under Clinton.

The USFWS completely abdicated under Bush. They not only refused to take action, but actually rewrote the guidance to give the violator after-the-fact permission to violate the previous standards.

Fortunately I had seperate authority to work under, shut the project down and collected a substantial penalty. Best of all, I was there the day the eagles fledged.

Unfortunately most states do not have their own seperate jurisdiction on these matters. Worse yet the Feds are no longer enforcing theirs.