Riders Attack Environment, Groups Charge Environmental groups once again are accusing Republicans in Congress of launching stealth attacks on the environment through riders tacked onto sometimes unrelated proposals. The groups have launched a concerted publicity campaign about the riders, which could have some influence in upcoming congressional elections. Several of the riders relate to road-building on public land. In April, President Clinton signed an emergency disaster relief bill that included a plan to construct a six-lane highway through New Mexico's Petroglyph National Monument. More recently, the massive highway bill, known as TEA-21, was amended to include an authorization of construction of a highway through Denali National Park in Alaska.

Wetlands Banking Bill Approved The House Transportation Subcommittee on Water Resources approved legislation (H.R. 1290) to establish mitigation banking as part of the Clean Water Act statute. While mitigation banking projects have been under way for some time, they are guided by limits set by federal agencies, not by law. Environmentalists said the bill would encourage regulators to allow developers to destroy lands as long as mitigation banking is an option. Clinton administration officials have embraced the mitigation concept, but also cautioned that avoidance of wetlands destruction, followed by minimization of adverse impacts, should be the top regulatory priorities. In other developments, the Environmental Protection Agency and the Army Corps of Engineers issued guidelines to field personnel on how to proceed in light of the Wilson decision. The 1997 Fourth Circuit decision ruled that regulators have gone too far in regulating isolated wetlands. The guidance makes clear the agencies do not plan to back down from their jurisdictional claims. The guidelines state that the agencies will assert jurisdiction over isolated wetlands outside Fourth Circuit states (Maryland, Virginia, West Virginia, North Carolina and South Carolina). The agencies said that within Fourth Circuit states, they will claim jurisdiction where "an actual link between that water body and interstate or foreign commerce" can be demonstrated.

Reporting Exemptions Proposed for Sand, Gravel The EPA proposed lightening the regulatory burden on sand and gravel users. Under the Emergency Planning and Community Right-to-Know Act, facilities handling 10,000 lb of sand or gravel must provide state and local emergency response personnel with reports on the amount and location of the materials, in the interest of preparedness for an accident. But EPA officials said they believe that sand and gravel, along with rock salt, "have minimal inherent hazards and generally would not have the potential to present significant risks to the community or to emergency responders on site." EPA proposed setting what it describes as an infinite threshold for reporting on these substances, which translates into the removal of reporting requirements regardless of the amount on site. One exception would be if someone requests the information, EPA said. The agency is seeking comments from the public on "any emergency situations in which any of these three substances threatened the health or safety of emergency response officials or the surrounding community." Comments are due Sept. 8. For more information, contact: EPA's Meg Victor or John Ferris, Chemical Emergency Preparedness and Prevention Office, (202) 260-1379.