In 1993, the EPA and US army Corps of Engineers closed this loophole in the Clean Water Act with a new rule, commonly referred to as the Tulloch Rule. In 1998 the DC Circuit Court ruled in favor of the National Mining Association and developers overturning the Tulloch Rule. In January of 2001, the Clinton administration created a different rule requiring a permit to show that a project won't discharge materials into water as regulated by the Clean Water Act. The Bush administration had put a moratorium on implementation of this rule until their decision today to let it stand. Wetlands provide flood protection, homes for a wide array of wildlife, and hunting and fishing opportunities for millions of Americans.
Wetlands also filter streams and rivers protecting water quality.
The Sierra Club is also calling on Congress to fully close this loophole and strengthen the Clean Water Act to better protect America's wetlands.