Surfrider Foundation, MAKING WAVES, February 2004

MAKING WAVES, February 2004 issue: Table of Contents

By Chad Nelsen

"George W. Bush will go down in history as America's worst environmental president. In a ferocious three-year attack, the Bush Administration has initiated more than 200 major rollbacks of America's environmental laws, weakening the protection of our country's air, water, public lands and wildlife."

-Robert F. Kennedy Jr., Rolling Stone, Dec., 2003

This is the last in the series of Federal Laws that are important to Surfrider Foundation activists. Over the last year we have outlined several federal laws that are particularly important for the issues that Surfrider Foundation chapter activists attend to: the Clean Water Act, the Coastal Zone Management Act, National Environmental Policy Act, and the Water Resources Development Act. Although these laws are federal and most Surfrider Foundation activities are local, these environmental laws are the foundation for many state and local regulations that are used to defend the coastal environment. Meanwhile, the current Federal Administration has been quietly dismantling many of the important laws that have been used to defend our oceans, waves and beaches for more than 30 years. This article summarizes some of the recent federal activities with respect to these sentinels for clean water, healthy beaches and livable coastal communities.

Clean Water Act

The news is mixed when is comes to the Clean Water Act. The good news is that the Bush Administration has backed off a controversial proposal that would have reduced federal protection of millions of acres of wetlands. Wetlands, which are transitional areas between the land and sea that provide important habitat for marine species, juvenile fish, and birds, also act as natural filters, improving water quality at the beach. According to Environmental Protection Agency officials, a primary reason for the reversal in plans was due to the overwhelming response in opposition to this weakening of the Clean Water Act. This destructive proposal not only brought opposition from the environmental community but also from hunting and fishing groups.

The bad news is that a new rule proposed by the EPA will allow cities and towns to pump sewage into rivers, lakes and coastal waters during high rains without completing required sewage treatment procedures. During heavy rainfall, partially-treated sewage would be "blended" with treated sewage and discharged into our waterways. This proposal would increase our exposure to virus and bacteria laden waters. It's already bad enough when it rains due to stormwater runoff, this would add insult to injury.

Take action today and send a letter to the EPA opposing this "crappy" idea by visiting: http://www.surfrider.org/stop_sewage

Illustration by Michael Ramirez courtesy Copley News Service

Coastal Zone Management Act

The Coastal Zone Management Act (CZMA) that set standards for coastal development, protection of beaches, and beach access also contains an important provision which ensures that federal actions offshore are consistent with state programs to protect our shorelines. After losing a battle in the courts to try and extend leases for future oil drilling off the California coast, the Bush administration proposed changes to the CZMA that would eliminate the right for states to rule against projects that would negatively impacts their coasts, beaches and oceans.

National Environmental Policy Act

This fall the While House Council on Environmental Quality (CEQ) made recommendations that could obstruct the public's ability to provide input on federal decisions regarding the environment, a key provision of the National Environmental Policy Act (NEPA). NEPA is the law that requires officials to assess the environmental impacts of federal agency decisions and provide adequate opportunity for the public to provide input. This process is commonly completed through an Environmental Impact Statement (EIS). In the name of "streamlining" the report recommends scaling back the amount of analysis required, excluding some damaging activities from review and triggering the EIS process less frequently. This would result in a reduction of environmental review and public involvement.

Water Resources Development Act

The Water Resources Development Act (WRDA) of 2003, also known as House of Representatives bill "H.R. 2557 passed the House of Representatives last fall. The WRDA bill is a bill that provides authority for the Army Corps of Engineers to conduct water resources projects throughout the nation. It is a significant piece of legislation that authorizes billions of dollars of work and policy changes for the Army Corps. Some of the policy changes in the new WRDA will have the effect of reforming some Corps activities for the betterment of the environment. There is some concern that this bill will be included in the Omnibus Appropriations Bill, a bill that is lumping a massive amount of government spending into one package. This inclusion would reduce the scrutiny that the bill would normally undergo and is opposed by the Corps Reform Network, which includes the Surfrider Foundation.

Clean Air Act

Although this series on federal legislation did not previously report on the Clean Air Act-something that is typically outside of the Surfrider Foundation's missionthe Bush Administration's proposal to weaken regulations on mercury emissions poses a threat to our environment and human health in a way that is very relevant to those who love the coast. Recently, the Food & Drug Administration and 45 states have issued warnings about avoiding fish, such as tuna, because they are contaminated with mercury, a known and potent neurotoxin. The EPA's own experts have said that a 90 percent reduction of mercury emissions from coal-burning power plants was achievable through the Clean Air Act using available technology. In stark contrast, the Bush Administration's expected decision will allow up to three times the attainable amount.

Conclusion

In the late 1960's and early 1970's a series of environmental disasters such as oil spills, rivers catching fire and obscene toxic waste crisises triggered a massive public movement that demanded environmental protection. The result was a series of federal laws far beyond those discussed in this series that have served as the foundation for much of the environmental protection that exists today. Even at the local level, many of the rules and regulations that Surfrider activists use to fight for clean water, open beach access or a threatened beach, trickle down from these federal laws and the programs such as the EPA. Unfortunately, as you can see, the current administration is proving to be one of the most hostile governments in the history of these laws. This makes our local efforts all the more important. Each and every effort to protect our coastal resources and educate the pubic about the importance of environmental stewardship sends a message from the bottom up to the federal government. As demonstrated by the reversal on wetlands protection, each individual can make a difference.

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