Spitzer Hails Federal Decision On Onondaga County Wetland

Attorney General Spitzer today hailed a decision by the federal government to apply protective regulations to a sensitive wetland in Onondaga County.

The decision by the U.S. Army Corps of Engineers means that a 19-acre parcel in the Town of Lysander will be considered a protected federal wetland. The site is slated for development as a housing subdivision.

"I applaud this decision," Spitzer said. "Wetlands are vital natural resources that improve water quality, prevent flooding and provide essential habitat to wildlife. I hope this reversal signals a broader decision by the Bush administration to conform its wetland policy to the mandates of the Clean Water Act and provide greater protections for critical wetlands throughout the state and nation."

The move reverses an earlier decision by the Corps of Engineers not to designate the parcel as a wetland. The Corps originally determined that the parcel was not protected under the Clean Water Act because the agency ruled the Lysander wetland was not directly connected to another body of water.

Spitzer, believing that the agency had unlawfully interpreted the Clean Water Act, challenged the Corps’ decision not to protect the Lysander wetland. He argued that the Lysander parcel was clearly protected under the Clean Water Act because it drained into the nearby Seneca River. He also noted that serious flooding problems are sometimes aggravated by unmonitored development of wetlands.

On November 15, 2004, the attorney general filed a notice of intent to sue the Corps and the U.S. Environmental Protection Agency over the decision not to protect the Lysander wetland. In his filing, the Attorney General said the Bush administration’s interpretation of the Clean Water Act undermined the intent of Congress to protect wetlands, which are disappearing at an alarming rate.

The Army Corps of Engineers has now reversed its initial ruling and brought the Lysander wetland under its regulatory jurisdiction. The Attorney General’s Office took no position on the proposal by Greenfield Homes, LLC to build homes in the Lysander wetland.

John Stouffer, Legislative Director of the Sierra Club Atlantic Chapter said: "Attorney General Spitzer and his dedicated staff have scored another victory in the protection of one of New York’s most valuable natural resources - its clean water. Sierra Club appreciates Attorney General Spitzer’s commitment to protecting New York’s environment from polluters within the state and from the misguided environmental policies of the Bush administration."

James Murphy, Wetlands and Water Resources Counsel for the National Wildlife Federation, said: "The National Wildlife Federation is pleased that the Corps has decided to follow the law and protect this wetland. However, the threat of court action should not be necessary to convince the Corps to enforce the law. The root of the problem is a guidance issued by the Bush Administration that curtails full enforcement of Clean Water Act protections for wetlands and other waters. The needed solution is to withdraw the guidance and replace it with a mandate that the Corps broadly and correctly apply the law in every instance."

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