Senate rider called threat to wetlands

If new wetland law goes into effect, the U.S. Army Corps of Engineers faces more red tape while developers are granted leniency.

June 22, 1999
Web posted at: 5:23 p.m. EDT (2123 GMT)

The rider, attached to the Senate energy and water development appropriations bill, would allow developers to appeal an Army Corps of Engineers decision that wetlands exist on certain private property. On the other hand, the rider would not allow other interested parties to appeal, no matter what the corps decided.

"The rider would only allow people with wetlands on their property to appeal. It would not allow neighbors or people downstream from the wetland to appeal the decision," said Julie Sibbing, Audubon Society assistant director for wetlands and wildlife refuge policy.

"Developers would have a lower cost alternative to be heard again," said Sibbing, whereas groups like the Audubon Society would have to take the corps to court to appeal their decision.

The rider is headed to the U.S. House of Representatives for debate. If the rider remains attached to the bill, and the bill is passed, it will more than likely become a law, according to the Audubon Society. The group has asked the House to kill the rider.

According to the rider, the corps would have to designate $5 million of its budget to the new appeals process. This is a major problem, said Sibbing, because the corps has not seen a budget increase in recent years. "If they require $5 million of a very limited budget to do that, it means even less money for the corps to go out and enforce laws."

The Environmental Protection Agency, the U.S. Army Corps of Engineers, the Clinton administration and several senators have voiced opposition to the rider.

Currently, wetland determinations can only be appealed only after a permit has been applied for to develop the land. Under the new rider, property owners could appeal the corps decision regardless of whether an application for a permit exists.

If the rider and bill it's attached to become law, "the results could be the corps would be a lot more conservative in determining what are wetlands because they don't want to be hung up in court in the appeals process," said Sibbing. "They don't have the personnel or resources to go into court."

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