A Bi-Weekly Publication Friday July 27, 2007

In This Issue: · NEW HANDBOOK ON CLEAN WATER ACT JURISDICTION · HEARINGS HELD ON THE CLEAN WATER ACT THE STORY BEHIND THE GUIDANCE RECENTLY ISSUED Last year's Supreme Court ruling in Rapanos v. United States left regulators, activists, and landowners nationwide scrambling to understand the scope of Clean Water Act jurisdiction over wetlands and streams. Unless and until Congress amends the law to clarify its intended coverage of the "waters of the United States," we are left to sort out the present law. There is now a comprehensive resource designed to shed light on the topic, the Clean Water Act Jurisdictional Handbook, just released by the Environmental Law Institute (ELI). The ELI Handbook lays out the various tests for Clean Water Act coverage under current law. Additionally, the Handbook brings science to bear on the question of determining CWA coverage for certain categories of wetlands and streams, in a way that no other publication to date has attempted. The Handbook is a necessary and informative complement to the joint guidance document issued last month by the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers to guide their respective field staff in making jurisdictional determinations in the wake of the Rapanos decision. With the support of the Turner Foundation, and the assistance of numerous experts in wetlands science and law, ELI has analyzed the key case law, compiled the relevant scientific studies and literature, and provided a set of jurisdictional "checklists" to assist the legal layperson in determining whether a particular wetland or stream is covered. The Handbook is a must for anyone faced with understanding what information is needed to assess CWA jurisdiction. For a free download of the Handbook, visit www.eli.org. CLEAN WATER ACT HEARINGS The Committee on Transportation and Infrastructure held two full committee hearings related to Clean Water Act jurisdiction and the Clean Water Restoration Act. The hearings covered the history of the Clean Water Act, the intent of Congress in enacting the law, and how the recent Supreme Court decisions have undermined the original intentions. The Committee heard testimony from legal scholars, governmental officials, and stakeholders on their view of the scope of the nation’s waters under the jurisdiction of the Clean Water Act. There was overwhelming support expressed for the passage of the Clean Water Restoration Act to reaffirm the historical jurisdiction of the 1972 Clean Water Act and ensure all "waters of the United States" that have been covered by federal safeguards against pollution for more than 34 years retain Clean Water Act protection. You can obtain information including testimonies from the hearings by clicking on the following: July 17^th hearing July 19^th hearing

The Michigan Wetland Action Coalition (MWAC), a project of Tip of The Mitt Watershed Council, is a network of wetland protection advocates across the state. MWAC is focused on promoting sound wetland protection policies at the state and federal level through education and advocacy. Tip of the Mitt Watershed Council 426 Bay Street , Petoskey, Michigan 49770 Phone: (231) 347-1181 x 114 Fax: (231) 347-5928 Email: jenniferm@watershedcouncil.org Web: http://www.michiganwetlands.org/