On December 17, 2003, President Bush, the Environmental Protection Agency and the Army Corps of Engineers announced, “After soliciting public comment to determine if further regulatory clarification was needed, the EPA and the Corps have decided to preserve the federal government's authority to protect our wetlands.” In the face of overwhelming public and Congressional opposition, the EPA and federal administration has decided to stop proposed rulemaking that would weaken protection of many waters of the United States.

Without a doubt, the plan to drop any rulemaking is great news for the Clean Water Act. However, the guidance directing federal staff still threatens to jeopardize Georgia’s landscape. According to Joan Mulhern of Earthjustice, “The nation’s waters will not be fully protected until the guidance is withdrawn.”

As covered in the Georgia Conservancy’s Spring Panorama cover story, many feared the administration’s plan to redefine the definition of protected waters, would drastically reduce the protection of important types of waters such as isolated wetlands and intermittent streams. The Georgia Conservancy’s issues committee strongly opposed this action and in January, we submitted comments to the administration in opposition to such a move. We extend thanks to members and trustees who expressed their opinions to help uphold the authority of the Clean Water Act. In addition, special appreciation goes to Congressman John Lewis for his support of the Clean Water Authority Restoration Act, introduced to reaffirm the federal agencies’ authority to protect waters of the US.

We are very pleased that the administration reconsidered the rulemaking and will continue to encourage withdrawal of the guidance instructing federal staff.

The press release is available on the EPA website.

This New York Times Editorial contains additional information about the issue.

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