State Moves to Protect Central New York Wetland

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Subj: Spitzer Moves to Protect Wetlands, Challenges Corps
Date: 11/15/2004 4:18:31 PM Eastern Standard Time
From: jen@glu.org
To: Reysmont@aol.com
Sent from the Internet (Details)

A great action to protect wetlands by NY Attorney General....please pass along to interested parties!


NEWS RELEASE FROM ATTORNEY GENERAL ELIOT SPITZER

For Immediate Release: November 15, 2004
For Information: Marc Violette, 518 473 5525


STATE MOVES TO PROTECT CENTRAL NEW YORK WETLAND
Lysander Project to Test Federal Wetlands Protection Rules

Attorney General Eliot Spitzer today announced legal action to protect
a sensitive 19-acre wetland in Onondaga County.

The move by Spitzer's office is a direct challenge to the Bush
administrations interpretation of federal wetlands protection rules. The
move is also an effort to address flooding problems in Central New
York.

"New York's wetlands are being lost at an alarming rate," Attorney
General Spitzer said. "And federal authorities are not doing enough to
halt the damage. The Administration has interpreted the law in ways that
violate Congress's intent to protect waters and wetlands. This
approach undermines the protection of critical natural areas."

At issue is a recent decision of the U.S. Army Corps of Engineers,
which has claimed that it does not have legal authority to protect this
wetland in the Town of Lysander in northern Onondaga County. The Corps
says that the specific wetland in question -- which is slated for
development -- is not a protected wetland because it is not connected
directly to another water body.

Spitzer's office contends that the Lysander wetland drains directly
into the Seneca River, approximately one-half mile away and is a
protected wetland, according to federal law. Spitzer's office noted
that construction of new housing tracts have already affected Lysander
wetlands and that further development may exacerbate regional flooding
problems as displaced water flows to downstream areas.

Spitzer said that while new development is welcome, the state must
carefully monitor wetlands development because of worsening flooding
problems, especially in Central New York. Projects with the clear
potential to create an ecological imbalance should be modified, he
said.

James Murphy, Wetlands and Water Resources Counsel of the National
Wildlife Federation said: "The Army Corps of Engineers has taken a minor
loophole and created a gap big enough to drive a bulldozer through and
it's clear that its district offices are not going to close it.
We're encouraged that the New York Attorney General's Office is
pursuing this important case to ensure that new York's wetlands
receive the protection required by law."

The Attorney General's office has filed a Notice of Intent to sue the
Army Corps of Engineers and the Environmental Protection Agency. The law
requires that the agencies have 60 days to respond before a lawsuit is
filed.

In August of 2003, a local builder, Greenfield Homes, LLC, requested
that the Army Corps of Engineers determine that the wetland in Lysander
is not protected by the Clean Water Act because it is not next to
another body of water such as a river or a stream. The Army Corps'
Buffalo District office agreed with the developer, ruled that the
wetland is not protected under the Clean Water Act and allowed the
project to move forward. The Attorney General's Office, which became
involved in the case after receiving complaints from local residents, is
seeking to have the decision reversed.

Wetlands are important natural resources because they help prevent
flooding, improve water supplies, provide wildlife habitat, ensure
biodiversity and provide recreational and aesthetic enjoyment for many
New Yorkers.

The case is being handled by Assistant Attorneys General Lemuel
Srolovic and Lisa Feiner, with Environmental Scientist Charles Silver.

#

Judith Enck, Policy Advisor
NYS Attorney General's Office
Environmental Protection Bureau
State Capitol
Albany, NY 12224-0341
Phone: 518 473 9037
Fax: 518 473 2534
E mail: Judith.Enck@oag.state.ny.us