Wheat Growers Told to Lobby on Wetlands Report
April 5, 1999

A recent ruling on wetlands by the U.S. Army Corps of Engineers has so upset members of Congress that hearings on the issue are expected, says the National Wheat Growers Association.  NAWG has urged members to get in touch with their members of Congress to protest the ruling.

The new final rules will make the appeals process "far more burdensome and will hinder appeals at the Corps of Engineers," says NAWG.

Congress ordered the Corps to design an administrative appeals process for parties such as farmers interested in filling in wetlands.  The Corps ruled that a farmer cannot appeal an initial jurisdictional determination on whether the wetland is protected by the Clean Water Act.

"This arbitrary rule...is provoking a great deal of outrage among people who may be subject to wetlands determination," says NAWG.  "The other problem...is that instead of being able to go directly to court, a producer, for example, must appeal the administrative regulatory decision first before going to court.  This new procedure drags out the process and makes it more expensive."

A farmer can appeal only a final Corps decision denying a permit to fill wetlands.

NAWG terms the rule a "grab for power" by the Corps.