A Bi-Weekly Publication Friday February 25, 2005

				In This Issue: · FORMER DEQ DIRECTOR HARDING UNDERMINES WETLAND PROGRAM · FLAWED PROPOSAL FOR UPPER SAGINAW DREDGING PROJECT - PUBLIC MEETING ON TUESDAY, MARCH 1^ST. · PACIFIC LEGAL FOUNDATION AIMS TO ELIMINATE WETLAND PROTECTION WITH RAPANOS CASE FORMER DEQ DIRECTOR HARDING UNDERMINES WETLAND PROGRAM In a recent guest editorial published in the Oakland Press, former DEQ Director (now with the Mackinac Center) Russ Harding called for abandoning the state's wetland permitting program. Mr. Harding argued that since the Corps exclusively operates the wetland program in all other states but Michigan and New Jersey, we should return the program to the Corps to be on an equal footing with other states. Mr. Harding's one-size-fits-all approach fails both the ecologic and economic tests. State assumption is critical from a natural resource perspective. Michigan is the Water Wonderland. Wetlands are critical to the healthy functioning of the Great Lakes, our inland lakes, rivers, and streams. A federal program with generic standards doesn't acknowledge the unique climate, topography, and wetland ecosystems that are essential to Michigan's economy and quality of life. Further, Mr. Harding's argument is flawed even from the perspective of the regulated community. Michigan's Wetland Protection Act only became politically feasible (i.e. gained support from the regulated community) when an amendment to the Clean Water Act allowed states to assume jurisdiction for the federal permitting program. Michigan became the first state to do so in 1984. Our program provides regulatory certainty for applicants because they know their application will be processed in 90 days, whereas the Corps has no mandated timelines. It is not surprising that Mr. Harding would continue to work against wetland protection, we would only hope that he wouldn't do so under the guise of improving public policy. ADVOCATES NEEDED AT PUBLIC MEETING TUESDAY, MARCH 1^ST ON FLAWED PROPOSAL FOR UPPER SAGINAW DREDGING PROJECT The Michigan DEQ has announced a public meeting to discuss the Corps' proposed Upper Saginaw River navigational dredging project, and the associated dredged material disposal facility. The bottom line is they've chosen a fatally flawed site that is dangerously close to the flood-prone Upper Saginaw River, Crow Island State Game area, and residential housing. The dredging is estimated to take at least 20 years, during which time the toxic sediment would be exposed. DEQ staff will present the overall regulatory framework for the facility and status of DEQ permits. The meeting will allow the public an opportunity to informally discuss all aspects of the project with DEQ and Corps of Engineers staff. It will be important to have a strong showing of advocates at this meeting. Details follow: March 1^st, 7pm Saginaw Valley State University, Performing Arts Center, Recital Hall 7400 Bay Road University Center, MI 48710			PLF AIMS TO ELIMINATE WETLAND PROTECTION WITH RAPANOS CASE The rabidly anti-environment group, Pacific Legal Foundation, has again appealed to the high court, this time with the Rapanos civil case. In December, 2003 PLF was rejected by the Supreme Court in its appeal of the Rapanos criminal case. The group clearly wishes to see no regulation of wetlands whatsoever, and is using the Rapanos case as a red herring for its wetland trashing agenda. PLF's principal attorney made this clear in ominous terms, “We’re going to keep taking this question of federal authority over wetlands back to the Supreme Court until it’s decided.”
	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