Bush Supports Clinton's Wetlands Rule

By CHRISTOPHER NEWTON
.c The Associated Press

WASHINGTON (April 17) - President Bush's support of a Clinton-era
environmental rule to expand protection of the nation's swamps and
marshes must be followed by constant vigilance in the courtroom, watchdog
groups say.

The new rule, which takes effect Tuesday, states that activities such
as landscaping or ditch digging in or near wetland areas must be regulated
by the Environmental Protection Agency. But if the administration wavers in taking legal action against
violators, the rule could quickly become moot, said Daniel Rosenberg, an attorney
with the Natural Resources Defense Council. ''(The decision) comes as a welcome surprise,'' Rosenberg said. ``That
said, we are viewing it with some degree of caution. It remains to be seen
how vigorously the administration will defend the rule. It could be
weakened or killed in the courtroom, through court settlements with the industry.''

The rule, which is part of the Clean Water Act, had been scheduled to
take effect on Feb. 16. It was delayed until after the Bush administration
completed a review of regulations approved by former President Clinton
in his final days in office. The EPA estimates that 20,000 acres of wetlands have been destroyed in
the past two years because of work done without government approval.
``In addition to serving as habitat for wildlife, wetlands help filter
and protect our country's water supply,'' EPA chief Christie Whitman said
Monday. ``Today's action will help preserve our wetlands for ourselves and for
future generations.''

Home builders immediately criticized the rule as federal overstepping.
Jerry Howard, president of the National Association of Home Builders,
said he was disappointed that the administration didn't sink the new rule. His
organization had already filed a federal lawsuit to have the rule
thrown out.

The issue of wetlands preservation has long been a battleground for
environmental groups and the construction industry.

Under the Clean Water Act, introducing pollutants into waterways
requires a permit. But whether the entirety of the act applied to wetlands - areas
of low-standing water - was left ambiguous by a 1997 U.S. District Court
ruling in favor of a construction effort. That ruling allowed companies to dig
soil and gravel and reintroduce it into streams and waterways.
Environmentalists say the process can ruin the delicate ecology of wetlands.
The loophole also has allowed construction companies to clear land and
expand channels.

President Bush, who has faced growing criticism over his stewardship of
the environment, went out of his way to praise the wetlands decision.
``The president applauds EPA Administrator Whitman's decision to move
forward with pending regulations to protect our wetlands,'' the White House
said in a prepared statement. The new rule closes a loophole in the Clean Water Act ``that could have
been used to jeopardize vital wetlands,'' the statement said. The administration said the new rule ``will also provide much-needed
regulatory certainty by clarifying the kinds of activities that the EPA
and the U.S. Army Corps of Engineers believe may result in harmful
discharges into our nation's wetlands.''

But environmental groups were cautious in their optimism. Joan Mulhern, legislative counsel for Earthjustice, an advocacy group,
said Bush has proved little by allowing the rule to go forward. ``The true test of the administration's commitment to clean water
protection will be whether the administration aggressively implements the rule and
faithfully defends it from industry attacks in court,'' Mulhern said.
In recent weeks, Bush has been criticized by environmental groups for
his decision to break a campaign promise to limit carbon dioxide emissions.
He was also criticized for rescinding a Clinton rule to slash the
acceptable level of arsenic in drinking water.