WASHINGTON, June 5 /PRNewswire-USNewswire/ -- The following is a statement of Bob Perciasepe, Audubon Chief Operating Officer:
"The Administration's so-called guidance has done little to unmuddy the water. The only real solution is legislation. A perfect storm of government ambivalence, aggressive polluter activism, and a split Supreme Court have subverted the original intent of the Clean Water Act and make it vital that Congress fix the problem."
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The Clean Water Act (CWA) is landmark environmental legislation passed in 1972 to protect all surface water bodies in the U.S. As the nation's primary law governing water quality, it sets standards, defines permit requirements, and establishes enforcement powers and penalties. CWA is credited with cleaning up nearly one-third of our nation's lakes and rivers since its enactment.
Last year, a divided Supreme Court created chaos instead of protection for over 50 percent of the nation's waters, issuing a decision on the Clean Water Act, making it much harder for agencies to determine what bodies of water qualify for protection. The Environmental Protection Agency and the Army Corps of Engineers are the federal agencies responsible for clarifying the Clean Water Act.
The agencies' non-binding guidance, released by the EPA and the Corps and effective immediately, adds to the confusion on what waters and wetlands are protected under the Act. For example, it suggests that certain waters important to water quality and wildlife, such as swales, ditches, gullies, ephemeral washes, and intermittent streams, may not be protected.
The agencies are inviting comments on the guidance during the first six months. Asked about a possible rulemaking, which the Supreme Court invited the agencies to undertake, the agencies refused to commit to such a rulemaking, which would have the force of law and be subject to judicial review.
Legislation is needed. Audubon strongly supports passage of the Clean Water Authority Restoration Act (HR2421), which would clarify the scope of the Clean Water Act and provide stronger protection for our nation's environment.
Now in its second century, Audubon is dedicated to protecting birds and other wildlife and the habitat that supports them. Our national network of community-based nature centers and chapters, scientific and educational programs, and advocacy on behalf of areas sustaining important bird populations, engage millions of people of all ages and backgrounds in conservation.
National Audubon Society
CONTACT: Tony Iallonardo of the National Audubon Society,
+1-202-861-2242 Ext. 3042, tiallonardo@audubon.org
