ARTBA Voices Opposition to Expansion
of Federal Wetlands Jurisdiction

Contacts:
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Washington, D.C. [Dec. 17, 2007]—The American Road and Transportation Builders Association (ARTBA) told members of the Senate Environment and Public Works (EPW) Committee December 13 a unique partnership between federal and state governments is responsible for the many successes of the Clean Water Act (CWA).  The association has been actively involved in CWA litigation concerning federal jurisdiction over the nation’s waters and wetlands for the better part of the past two decades.

As part of a hearing examining the effect of recent Supreme Court decisions on the CWA, ARTBA submitted testimony explaining the CWA’s structure of shared responsibility between federal and state governments allows states the essential flexibility to protect truly environmentally sensitive areas within their borders, while at the same time, make necessary transportation infrastructure improvements.

Specifically, ARTBA’s written testimony states that while the association appreciates “the desire of Congress to protect legitimately environmentally sensitive wetlands, we believe such efforts should not extend federal regulation to isolated areas that have no environmental value and have been removed from the Corps’ jurisdiction…Protecting an area simply for the sake of protection adds little from the standpoint of environmental quality, but can create needless, time-consuming regulatory complications.”

ARTBA further warned the Committee against expanding federal jurisdiction beyond the original intent of the CWA.  The association also recommended expanding the use of wetlands mitigation banking as a way to further build upon the CWA’s successes.

Since 1993, ARTBA has been the transportation construction’s primary advocate on environmental and regulatory matters in the Nation’s Capital. In the past year, the association has submitted comments to EPA eight times highlighting the impacts on proposed air quality regulations on transportation improvement projects.

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Editors Note: A copy of ARTBA’s testimony can be accessed online at the “Government Affairs” section of www.artba.org.