A Bi-Weekly Publication Friday October 8, 2004

				Dear Wetlands Advocate, We hope this e-newsletter continues to be a valuable resource for Michigan's wetland advocates. Please forward this on to those you think would be interested. If you would like to be added to or unsubscribed from this list, please email Chris Grubb. POSITIVE POST-SWANCC RULING FROM SIXTH CIRCUIT A recent Sixth Circuit Court decision in Carabell v. U.S. Army Corps of Engineers (No. 03-1700) held that a forested wetland area in Macomb County is jurisdictional despite lacking a direct surface water connection to the nearest navigable waterbody. The wetland was seperated from a non-navigable manmade ditch by a four foot wide manmade berm. The court ruled that, "Because the wetlands on the Carabells' property are separated from a tributary of 'waters of the United States' only by a man-made berm or barrier, they are considered 'adjacent wetlands'…" (Slip Op. at 8) Michigan's wetland advocates should be pleased that a majority of federal courts continue to interpret the SWANCC decision in a way that protects wetlands. We will continue to push for broad protection of our state's wetland resources. MUNIES SEEK TO LIMIT CWA CITIZEN SUIT PROVISIONS Last week the Congressional House Water Resources Subcommittee held a hearing at the request of wastewater and municipal groups who would like to narrow the conditions for filing a citizen suit under the Clean Water Act. Some of the controversy revolves around a ruling from the U.S. District Court for the Northern District of California that required the city of Healdsburg to obtain a permit for sewage discharges into a pit that connects through groundwater to the Russian River. The ruling has been appealed to the Ninth Circuit. While the request for congress to limit citizen standing is reportedly unlikely to gain traction in Congress, if a proposal along these lines were to gain momentum, it will be important for wetland advocates to vigorously defend the right of citizens to file suit under the Clean Water Act. Subcommittee Summary			Buy a Sticker – Fight Aquatic Invaders The Michigan Secretary of State is now selling decals for $35, of which $25 will go to the Great Lakes Protection Fund to fight aquatic invasive species. You can learn more and purchase one online at the Department of State website. The state must sell 2,000 within one year to keep the program going. Restoring the Connections Tip of the Mitt Watershed Council is currently printing a wonderful new publication, Restoring the Connections – Stories of Ecosystem Restoration in the Great Lakes. This 4 color book features 18 successful restoration projects from across the Great Lakes. To order your copy, please call (231) 347-1181 x. 100
	Tip of the Mitt Watershed Council 426 Bay Street , Petoskey, Michigan 49770 Phone: (231) 347-1181 x 118 Fax: (231) 347-5928 Email: chrisgrubb@watershedcouncil.org Web: http://www.michiganwetlands.org