Corps of Engineers Sued Over Failure to Protect Wetlands

Atlanta- Conservation groups have sued the Savannah District of the U.S. Army Corps of Engineers for issuing a permit allowing titanium mining in a Georgia wetland in violation of the Clean Water Act. This is the third challenge the groups have filed this year over mismanagement of Georgia wetlands by the Corps.

Represented by the Southern Environmental Law Center, the National Wildlife Federation and the Center for a Sustainable Coast filed the lawsuit today in U.S. District Court for the Southern District of Georgia.

"Wetlands are among the state's most ecologically valuable resources and should be given every protection possible. Unfortunately, the Savannah District of the Corps of Engineers consistently fails to do its job to safeguard these resources, compelling us to enforce the Clean Water Act in the courts." said Chris DeScherer, SELC attorney.

The federal Clean Water Act requires the Corps to prove that there are no feasible alternatives to excavation of regulated wetlands. Without an adequate review of such alternatives, the Corps granted an excavation permit to TE Consolidated, LLC for activities at their Brantley County titanium mine.

"The Army Corps' reckless abandonment of wetlands destroys crucial habitat for fish and wildlife," said Jim Murphy, who is NWF's wetlands and water resources counsel. "Wetlands are important to Georgia's hunters, anglers and other wildlife enthusiasts and must be protected for future generations."

The Savannah District of the Corps of Engineers has faced legal action a number of times recently for improper management of Georgia wetlands. In April, as a result of an action filed by SELC on behalf of NWF and others, a federal district judge required the Corps to reexamine its failure to protect a stream and wetlands located upstream of a quarry near Augusta. Then, in September after SELC, NWF, the Center for a Sustainable Coast and others filed notice of their intent to sue over the Corps' determination that so-called "isolated" wetlands in Effingham County were not protected by the Clean Water Act, the Corps reversed its position and decided to re-examine the wetlands at issue.

Wetlands serve as one of the most significant biological resources in the state. They are recognized as providing a host of "ecosystem services" such as water purification, flood protection, and fish and wildlife habitat, which are of tremendous economical, ecological, and cultural importance.

"We simply can't look the other way as the Savannah District of the Corps of Engineers again fails to protect wetlands. These areas are invaluable to the wildlife and landscapes that are so important to coastal Georgia's quality of life. We must prevent another act of negligence by the Corps that ignores the public interest," said David Kyler, Executive Director of the Center for a Sustainable Coast.