Number: 2002-12
WHEREAS, on January 9, 2001, the United States Supreme Court handed down what could potentially become the most devastating decision in recent history concerning wetland conservation;
WHEREAS, in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, et al. (the SWANCC decision), the Supreme Court concluded the Clean Water Act does not allow the regulatory agencies to assert jurisdiction over “non-navigable, isolated and intrastate” waters and wetlands based solely on their use by migratory birds; and
WHEREAS, the SWANCC decision, according to an Environmental Protection Agency /Army/Corps legal memorandum, states that “waters of the United States” that are, or potentially are, affected by the SWANCC decision consist of “all other waters such as intrastate lakes, rivers, streams, mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds”; and
WHEREAS, most prairie pothole wetlands are potentially at risk due to the SWANCC decision and it has been estimated by the U.S. Fish and Wildlife Service that the loss of the easiest to drain wetlands in the region could reduce fall waterfowl migrations by as much as 48%; and
WHEREAS, in the spring of 2001, the upper Midwest and much of the Mississippi valley once again experienced severe flooding, magnified in many cases by drainage in the upper Mississippi watershed in past years; and
WHEREAS, the SWANCC ruling has put wetlands across the country at greater risk of destruction and wetlands perform numerous important functions, including reducing flooding, filtering pollutants from surface water, recharging groundwater, providing habitat to a variety of species, and offering numerous recreational opportunities; and
WHEREAS, amendments to the Swampbuster program in the past two Farm Bills and inappropriate interpretations of the law by Natural Resources Conservation Service staff have significantly weakened the “Swampbuster” provisions of the 1985 Food Security Act resulting in increased drainage of agricultural wetland.
NOW, THEREFORE, BE IT RESOLVED that the National Wildlife Federation, at its Annual Meeting assembled March 7-9, 2002 in Stone Mountain, Georgia, declares its commitment to increased protection of wetlands, waters and our environment and calls on the United States Congress to pass legislation amending the Clean Water Act to ensure protection for all waters and/or to pass independent legislation to fully protect all of America’s waters and wetlands to the extent of Congress’ powers under the Constitution; and
BE IT FURTHER RESOLVED that the National Wildlife Federation calls on Congress to strengthen “Swampbuster” provisions and to strengthen existing and add new conservation programs in the 2002 Farm Bill and other federal legislation to bolster support by producers for wetland and water protection in their management plans; and
BE IT FURTHER RESOLVED that the National Wildlife Federation also calls on state legislatures to pass and/or strengthen laws protecting wetlands and waters of their states, as was accomplished by the state of Wisconsin within months of the SWANCC decision.