For the profession, the decision appears to signal a change in direction. Section 404 had been stretched well beyond any conceivable legislative intent, and had been the basis for total ecosystem protection as opposed to a device for the protection of downstream water quality. Wetlands have been an environmental cause celebre for years, but the rationale for their protection has been remarkably fluid. Early on it was popular to claim that wetlands were essential to aquifer recharge. When it was generally recognized that many wetlands had no recharge function, values for flood control, filtration, and finally, habitat were touted.
Some wetlands simply have no significant effect on surface water quality.
Section 404 should not pose an impediment for development of wetlands in this category. The Wilson decision indicates judicial recognition of the proper scheme of Section 404. Copyright 1998, All Rights Reserved.