Defending Against Clean Water Act Rollbacks

 

 

 

October 18^th, 2002 was the 30^th Anniversary of the Clean Water Act, one of our nation’s most important pieces of environmental protection legislation. Not only has Washington State and the rest of the nation failed to meet the Act’s goal and policy of making our lakes, rivers, and estuaries safe for swimming and fishing by 1983 and to eliminate all surface water pollution by 1985, but the Bush Administration announced on January 10, 2003 a pair actions that would take Clean Water Act protections away from many of our nation’s streams and wetlands.

The Bush Administration’s environmental protection rollback attempt is based on the Supreme Court ruling in Solid Waste Agency of Northern Cook County v. the U.S. Army Corps of Engineers, or SWANCC. The SWANCC decision (Jan. 2001) declared the protection of isolated, intrastate, non-navigable waters beyond the jurisdiction of the Clean Water Act when the sole basis for protection is the actual or potential use of the water as habitat for birds protected by Migratory Bird Treaties or which cross state lines. That protection is part of what has become known as the “Migratory Bird Rule,” which also includes establishment of CWA jurisdiction for waters used as habitat for endangered species or to irrigate crops sold in commerce. Although the SWANCC decision only specifically struck down CWA jurisdiction for protecting a particular body of water because of use by migratory birds, the Administration is seizing on this opportunity and field staff have already been instructed to cease application of CWA jurisdiction over isolated, intrastate, non-navigable waters that had been protected by any aspect of the Migratory Bird Rule.

The other action announced on January 10^th was an Advanced Notice of Proposed Rulemaking (ANPRM). The ANPRM is calling for “public input on issues associated with the definition of “waters of the United States” and information or data … on the implications of the SWANCC decision for jurisdictional decisions under the CWA.” Essentially this review is calling into question what waters should be included within “waters of the United States,” which is the language used in the CWA to determine what waters fall beneath its jurisdiction. This review has the potential for removing Clean Water Act protection from additional types of waters, including tributaries to navigable waters, waters that flow for some length through manmade structures such as ditches or pipes, and adjacent wetlands.

            The implications these proposed actions could have for Washington’s wild fish populations are tremendous, and Washington Trout is actively working to help fight the rollbacks. WT will collect and submit field data and specific examples of the precious waters and habitats that could be damaged or lost if Clean Water Act protections are removed, and how that will impact important habitat for native wild fish. WT has been working with American Rivers (www.amrivers.org) and will work to assist other organizations on campaigns to defend the Clean Water Act.

 

Read WT’s Action Alert about the ANPRM

 

Read WT’s Action Alert to defend the Clean Water Act in Oregon