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Context of 'January 10, 2003: Bush Administration Proposal Would Put More Wetlands at Risk'

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The Bush administration proposes to reduce the US Army Corps of Engineers’ fiscal year 2003 budget by 10 percent, from $4.6 to $4.175 billion. (The Corps requested more than $6 billion.) [Clarion Ledger, 3/7/2002]

Entity Tags: Bush administration (43), US Army Corps of Engineers

Timeline Tags: Hurricane Katrina

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 pdf file; Natural Resources Defense Council, 1/10/2003; Environmental Protection Agency, 2/28/2003 pdf file; Natural Resources Defense Council, 7/11/2003; Natural Resource Defense Council et al., 8/12/2004 pdf file] 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. [New York Times, 1/10/2003 pdf file; Natural Resources Defense Council, 7/11/2003; Natural Resource Defense Council et al., 8/12/2004 pdf file] 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. [Natural Resources Defense Council, 7/11/2003; Natural Resource Defense Council et al., 8/12/2004 pdf file]

Entity Tags: US Army Corps of Engineers, Environmental Protection Agency, Bush administration (43)

Timeline Tags: Hurricane Katrina, US Environmental Record

(Show related quotes)

The Bush administration announces that it will abandon its January proposed rule (see January 10, 2003) to limit the scope of the Clean Water Act. However, the administration does not retract the policy directive that was announced the same day instructing regional EPA offices and the Army Corps of Engineers to halt protection of certain wetlands. [Natural Resource Defense Council et al., 8/12/2004 pdf file]

Entity Tags: Bush administration (43), Environmental Protection Agency, US Army Corps of Engineers

Timeline Tags: US Environmental Record

The US Army Corps of Engineers relaxes water quality and stream protections for mountaintop removal mining without consulting the Environmental Protection Agency (EPA). 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. [Inside EPA, 5/2004; Natural Resources Defense Council, 12/31/2005] 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.” [Natural Resources Defense Council, 12/31/2005]

Entity Tags: Bush administration (43), Environmental Protection Agency, US Army Corps of Engineers

Timeline Tags: US Environmental Record

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