Conservationists Challenge Administration to Defend Against Industry Legal Attack and Implement Rule Immediately

Washington D.C. - The Environmental Protection Agency's (EPA) decision to move forward with a Clinton-era wetlands rule will greatly narrow a loophole in federal wetlands protection, preventing the destruction of thousands of acres of valuable wetlands and hundreds of miles of streams, according to the nation's largest conservation group. The National Wildlife Federation (NWF) says the administration's decision to allow the rule, originally issued on January 17, to take effect closes the "Tulloch loophole," which has been used by developers to side-step the need for obtaining permits when draining or excavating wetlands, ponds or streams.

National Wildlife Federation (NWF) President Mark Van Putten called the EPA announcement "a welcome and surprising departure from recent administration environmental actions." He said, "It's a ray of hope amid a threatening sky of gloomy disappointments."

But NWF cautions the real proof of the administration's commitment to closing this loophole is whether they vigorously defend the new rule against a legal challenge brought by industry groups and warns that equally important will be how the U.S. Corps of Engineers and EPA field staff fully implement the new rule on the ground.

The Court of Appeals ruling, which established the loophole, held that the EPA and the Corps had no authority to regulate activities that resulted in only small amounts of dirt falling back into the same place in a wetland or stream. The EPA and the Corps retained the authority to regulate most activities involving heavy machinery in wetlands and streams, because such activities usually disturb large quantities of sediment, and that sediment is moved by the water to other parts of the wetland or stream.

Yet, according to Julie Sibbing, NWF's Wetlands Legislative Representative, abuses of the loophole over the past three years have been rampant. "The new rule clarifies the EPA and Corps' authority and will help field staff decide whether a particular project needs a permit to proceed."

The National Association of Homebuilders and the National Stone, Sand and Gravel Association filed legal challenges to the new rule in February. NWF believes the rule has a strong legal basis and should be vigorously defended by the administration in court. Any legal settlement which would be agreed to by the Homebuilders and Stone Association would very likely gut the new rule and leave millions of wetlands and streams at risk.

"These industry groups have shown time and time again that they will stop at nothing to rollback wetland protections," said Sibbing. "We are hoping the Bush administration will step up to the plate and defend our nation's aquatic resources from this latest attack."