The state is now applying state regulations against draining that has limited recent destruction. Although, that regulation is currently being challenged in the courts. Acting to stop the rampant destruction, the Virginia legislature passed a new state law regulating draining activity in 1999. These actions are killing endangered mussels and fish that live in the stream. According to the EPA, the number of wetlands destroyed through the loophole will increase as more developers find out how to exploit it.
Many states remain vulnerable to the loophole.
Closing the Loophole Government estimates show developers destroy over 117,000 acres of wetlands yearly. Only by closing this loophole can Americans stop developers from unrestricted wetland destruction. Americans can get involved by calling upon Congress to close the loophole and amend the Clean Water Act Section 404 permitting program to protect our water quality, prevent increased flooding, preserve wildlife habitat, and promote recreational opportunities. Let your Congressional Representatives know you want to see comprehensive CWA protection of wetlands and streams.