Cypress Lake

Despite the benefits they bring to coastal areas, Cypress Lake and other hardwood swamps across the South are facing increasing pressures from encroaching development as well as the sale of garden mulch made from these trees. Fortunately, legal action taken by SELC will give thousands of acres of wetlands across Georgia and the country the protections they deserve under the law.

At Issue

This latest wetlands battle was fought in South Georgia, where the Savannah District of the Corps of Engineers, the agency responsible for carrying out the protections of the federal Clean Water Act, illegally allowed 60 acres of forested wetlands to be harvested from Cypress Lake without requiring a permit.

The Army Corps of Engineers decided to exempt a proposed timber harvest from Clean Water Act regulation on the basis that the harvest was a part of an ongoing tree farming operation.

Not only did this violate the Clean Water Act, but the decision would have meant that the lake would be drained for up to four years to allow the trees to grow back, sacrificing natural habitat as well as recreational opportunities in the meantime. Furthermore, if regrowth didn’t occur, 60 acres of vital habitat for wildlife could have been permanently lost.

The Court’s Decision

In November 2006, SELC filed suit against the Army Corps of Engineers to require that permits be obtained before any tree harvesting occurs.

The judge handed down a decision in June 2008 that will provide forested wetlands across the country with landmark protections and will prevent destructive tree harvesting operations along the Georgia coast. Judge Edenfield held that the proposed harvest was not a part of an ongoing tree farming operation and therefore not exempt from clean water regulations.