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May 6, 2003
 

Sierra Club Study Released:

Isolated: Illinois Wetlands At Risk

261 Chicago-Area Wetlands OK’d for Destruction in One Year Following Supreme Court Decision

Chicago, IL – A study released today by the Sierra Club, Illinois Chapter reveals that at least 261 Chicago-area wetlands lost all federal protection in a single year following a U.S. Supreme Court decision that scaled back wetland protection programs.

"Clearly we can’t count on Washington to protect Illinois’ wetlands for future generations,” said Jack Darin, Director of the Sierra Club, Illinois Chapter. “If we want to protect our last remaining marshes and wetlands, Illinois must establish its own safeguards against their destruction.”

The study is based on information obtained by Sierra Club from the U.S. Army Corps of Engineers Chicago District office. Historically, the Corps has been the sole protector of wetlands in Illinois, but a U.S. Supreme Court decision on January 8, 2001 severely limited the Corps’ authority to protect wetlands across the country. In the case, the Court ruled that the Corps did not have the authority to deny a permit to the Solid Waste Agency of Northern Cook County (SWANCC) to destroy numerous wetlands near Bartlett to build a garbage balefill. The Court ruled that “isolated” wetlands (those not connected to or adjacent to a lake or river), were no longer protected under the federal Clean Water Act.

Wetlands are considered highly valuable for the many benefits they provide to humans and wildlife. They help prevent or reduce flooding by soaking up rainwater, filter pollution out of rivers and lakes, and provide a home for a wide variety of plants and animals. In Illinois, 90% of the state’s original wetlands have been destroyed. Protecting what remains is a high priority for conservationists and many public officials.

Of Illinois’ remaining wetlands, 60% (by number) and 12% (by acreage) are thought to be isolated, according the Illinois Department of Natural Resources, and therefore have lost all federal protection.

In the wake of the Supreme Court ruling, developers and others began requesting a determination from the Corps if particular wetlands were still protected from destruction. Through a Freedom of Information Act request, Sierra Club found that 261 cases northeastern Illinois where the Corps cleared wetlands for destruction at the request developers, landowners, and others. In at least two cases, enforcement proceedings against developers who had illegally destroyed a wetland area were abruptly halted due to the court’s ruling.

The 261 wetlands at risk were spread across the 6 counties of the Chicago region:

“These endangered areas unfortunately represent only the tip of the iceberg,” said Douglas Chien, Conservation Field Representative for the Sierra Club, Illinois Chapter. “These wetlands are only examples of the areas at risk – the actual number is undoubtedly much higher.”

Three area counties reacted to the threat by passing county-level ordinances to protect the areas. DuPage, Kane, and Lake counties currently require county approval to develop wetlands in their counties. McHenry County is considering adopting such an ordinance, while Will has decided not to. Cook County has not yet addressed the issue. Developers and realtors are lobbying in Springfield for legislation that would take away these counties’ ability to administer these programs.

State Representative Karen May (D-Highland Park) has been working since the 2001 Supreme Court decision to pass state legislation to provide protection to wetlands left vulnerable. The Illinois House is expected to act on wetlands legislation this month.

“Wetlands are important for wildlife, but this is also a health and safety issue for Illinois citizens,” said May. “Protecting wetlands can save lives and property by reducing flooding, and improve our drinking water by filtering out pollution.”

While the Supreme Court’s ruling in the SWANCC case has had the most impact so far on wetlands protections in Illinois, in other cases court rulings have also had the effect of weakening federal protections. The Bush Administration is currently considering a major deregulation of wetlands and small streams based on these decisions, and the end result could mean even more Illinois areas left vulnerable to destruction.