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Profile: US Army Corps of Engineers

 
  

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US Army Corps of Engineers actively participated in the following events:

 
  

January 10, 2003      Bush's environmental record

       The Bush administration announces a policy directive and proposed rulemaking that would significantly restrict the scope of the Clean Water Act, removing as much as 20 percent, or 20 million acres, of the country's wetlands from federal jurisdiction. Officials claim the measures are necessary in order to comply with a 2001 Supreme Court decision that the US Army Corps of Engineers does not have the authority to regulate intrastate, isolated, non-navigable ponds solely on the basis that they are used by migratory birds. But the proposed rule and policy directive ignores a decision by the Department of Justice that the court's ruling does not necessitate modifying the scope of the Clean Water Act. The administration's directive and proposed rule interpret the 2001 decision to mean that all “isolated” intrastate, non-navigable waters are outside the jurisdiction of the Clean Water Act. [Environmental Protection Agency, 1/10/2003; New York Times, 1/10/2003; New York Times, 1/11/2003; League of Conservation Voters, n.d.; Natural Resources Defense Council, 1/10/2003; Natural Resources Defense Council, 7/11/2003; Earthjustice, et al., 8/2004 Sources: Federal Register, Vol 68., No. 4] Whereas the proposed rule must go through a lengthy federal process before going into effect, the policy directive is enacted immediately. The directive instructs regional offices of the EPA and the Army Corps of Engineers to halt protection of wetlands unless (1) the waterway lies adjacent to navigable rivers, streams and their tributaries or (2) the EPA's headquarters in Washington has granted explicit approval to exercise regulatory authority. No approval however is required for the commencement of activities that could potentially pollute these waters. As a result of this directive, thousands of acres of wetlands, small streams, and other waters instantly lose federal protection. [Natural Resources Defense Council, 7/11/2003; New York Times, 1/10/2003; Earthjustice, et al., 8/2004] The proposed rule will generate an immense public outcry. Ninety-nine percent of the 135,000 comments submitted to the EPA and Army Corps on this proposal will be opposed to it. Comments supporting the proposed rule will come from the National Mining Association, the Independent Petroleum Association of America, National Association of Home Builders, and other industry groups. Additionally, environmental and natural resource government agencies from 39 states, including 17 with Republican governors, will oppose the plan, while agencies from only three states will support it. Numerous local government entities, scientific groups, as well as a bi-partisan group of 219 representatives and twenty-six senators, will also come out against the proposal. [Earthjustice, et al., 8/2004; Natural Resources Defense Council, 7/11/2003]
People and organizations involved: US Army Corps of Engineers, Bush administration, Environmental Protection Agency  Additional Info 
          

May 28, 2004      Bush's environmental record

       The US Army Corps of Engineers relaxes water quality and stream protections for mountaintop removal mining without consulting the Environmental Protection Agency. According to internal agency “guidance” obtained by Inside EPA, the Corps has recommended its staff to approve proposed clean water projects that would allow sewers and constructed ditches—rather than newly created streams, wetlands or water habitat—to qualify as mitigation projects replacing streams buried by mining operations. Commenting on the policy, Natural Resources Defense Council attorney Daniel Rosenberg says, “As if letting coal companies get away with destructive mountaintop removal mining isn't bad enough; the Bush administration says it's a fair trade to replace buried pristine natural streams with sewers and ditches.” [Inside EPA, 5/2004; Natural Resources Defense Council, 5/2004]
People and organizations involved: Environmental Protection Agency, US Army Corps of Engineers, Bush administration
          

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