Georgia Coastal Initiative
Defending One of the Nation’s Ecological Gems
SELC scores stronger safeguards for Georgia’s coast
Court victories lead to stronger wetland protections
With a string of strategic legal victories in Georgia, SELC is helping to close loopholes in the Clean Water Act that developers and land speculators have exploited to avoid complying with federal wetland protections. The result will be tougher enforcement of wetland safeguards and cleaner water for Georgians.
Misuse of exemptions for farmers and foresters
Under the Clean Water Act, filling a wetland requires a federal permit and mitigation of the impacts—in other words, the restoration or preservation of another wetland to make up for the lost resource. To reduce the regulatory burden on farmers, tree farmers, and ranchers, Congress amended the law in 1977 to exempt agricultural and silvicultural operations from these requirements.
For years, timber companies, developers, and landowners on the Georgia coast have treated the farming and tree-farming exemptions as an easy escape hatch from government oversight, and for years, the Army Corps of Engineers and other agencies have been too willing to let them get away with it. The result has been the illegal destruction of wetland ecosystems to create new roads, artificial lakes and ponds, and drained land for development projects.
Precedent-setting victories
SELC’s precedent-setting court victories are curbing this abuse of the law and are reshaping in the regulatory landscape. They include:
- A 2008 federal ruling that the silviculture exemption applies only to ongoing forestry operations, with evidence of timber harvesting in the past and clear plans for growing more trees in the future.
- A 2009 court decision finding that a logging company violated the law when it cut a road through wetlands along the Ogeechee River and claimed it was for a tree-farming operation, when in fact it was part of a home site up for sale.
- A 2010 legal settlement that will help prevent developers from flooding streams and wetlands to create “farm ponds” that are actually amenity lakes for high-end residential and commercial projects.
New regulatory guidelines
In response to our legal outcomes, the Army Corps of Engineers in Georgia has issued new guidelines clarifying the limits on farming and tree-farming exemptions in the Clean Water Act and spelling out how the Corps will work with other agencies to ensure that timber companies and landowners adhere to the law. Similar guidelines are needed on a national scale, but in the meantime, these results provide stronger protection for Georgia’s precious waters and wetlands.
Case Summary
Admired worldwide for its stunning beauty and rich biological diversity, the Georgia coast encompasses a lacework of barrier islands, mud flats, tidal creeks, blackwater rivers, freshwater wetlands, and some 378,000 acres of salt marsh. Though it has largely escaped the ravages of massive resort development, this special region faces a perfect storm of threats, including lax enforcement of environmental laws, the sell-off of timberlands to developers, and intense growth pressures that continue to mount even in today’s weak economy.
These pressures have brought the Georgia coast to a tipping point. If we fail to counter them, some of America’s most cherished natural resources will be lost forever.
Saving the Georgia coast is one of the toughest conservation challenges we face in the South today, and it is also one of SELC’s highest priorities. To defend this ecological gem, we have launched a comprehensive initiative that draws on all our skills and expertise.
What’s at Stake
Many people are surprised to learn that Georgia harbors one-third of the salt marsh remaining on the East Coast. Most of the marsh is held by the state―not as the state’s own property, but “in trust for the public.” Thus, the marshes are a public resource, and one of incredible value. These vast expanses of grasses and meandering tidal creeks are not only beautiful; they serve as nurseries for marine life and as vital buffers against storms.
Dotting the marsh are more than 1,650 islands, called "marsh hammocks," that provide a secluded sanctuary for wildlife. Sheltering the marshes are 14 barrier islands rimmed with more than 100 miles of white sandy beaches.
Inland wetlands along the coast are an important resource for people and wildlife alike: they improve water quality, reduce flooding, and provide habitat for an array of wild creatures. The ocean waters off the Georgia coast are prime calving grounds for the North Atlantic right whale―one of the rarest marine mammals on the planet and one of several endangered species that make their home in this region, including manatees, wood storks, and sea turtles, among others.
Conservation Groups Join Forces
As part of its conservation initiative, SELC has joined forces with other groups to provide a powerful counterweight to the destructive pressures bearing down on the region. Called Save Georgia’s Coast, our coalition combines the strengths of a ten local, state, and regional organizations, which together can take on high-leverage projects that result in real protections for the ecological treasures that make the Georgia coast such a special place. SELC plays a vital role in the coalition by serving as its law and policy advocate and by helping to shape and implement conservation strategies.
More background on this case:
Georgia Coastal Initiative: Background >>
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Attorneys on Case
{REL[20489][case_staff]KxuHZU0rREL}Bill Sapp Catherine Wannamaker David Pope Nathaniel H. Hunt