Activists Fault Wetlands Guide Despite Epa Adoption Of Key Principles

摘要

Environmentalists are publicly criticizing a recently revised EPA-Army Corps guidance for determining whether isolated wetlands and other marginal waters are subject to the Clean Water Act (CWA), even though the guidance expands oversight of the waters consistent with activists' recent recommendations. One EPA source says environmentalists are not willing to praise the guidance publicly because they fear it may undermine their arguments to Congress to quickly pass legislation addressing the issue. Activists "indicated privately that the guidance was actually very good... but no one was willing to say that publicly because it would undermine efforts to move legislation," the source says. An environmentalist says EPA's adoption of the legal principles is "very helpful" but that limits in the guidance "make you wonder how far you can really go" in asserting jurisdiction over marginal waters. Despite their disagreements, the EPA source and environmentalists agree that it is difficult for EPA to resolve the issue under its existing authority and is best for Congress to act.