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Wetlands Skirmish

Wetlands are no longer only the zone between land and water, but now the line of skirmish between private property rights and environmental quality as competing Clean Water Act revisions duke it out in Washington D.C. The bitterest fight is in the House, between a bill proposed by Don Edwards (CAL) and favored by environmentalists and a bill proposed by James Hayes (LA) which limits wetlands protection.

Most controversial perhaps, is the Hayes bill's "takings" provision which equates certain forms of environmental protection with a "taking" of private property (a major tenet of the so-called "Wise Use" movement). This provision would require the federal government to immediately purchase any wetlands placed in a type A category, a category which includes most sensitive wetlands.

Environmentalists worry that a deluge of compensation demands would inundate the feds if the Hayes bill passes. "Something that is worthless on the market can be quite expensive for the federal government," says the Sierra Club's Ellen McBarnette. The Hayes bill, which has 103 cosponsors, would also allow development of type A wetlands in cases of "overriding public interest concerns."

Edwards' competing bill would significantly increase wetlands protection by adding to the number of activities (draining, clearing, dredging etc.) which require a permit under the Clean Water Act. And Senator Barbara Boxer recently initiated a bill similar to Edwards'.

Senate wetlands hearings are scheduled for September.

Contact: (202)224-3121

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