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Abstract:
The unique wetlands of the arid, interior western United States are a valuable resource that has been on the decline for centuries. This decline continued because many of the wetlands of the interior west enjoy only limited protection under current federal law. This is due to the unique characteristics of these wetlands relating to climate, hydrology, soils, vegetation, and location, which often result in the failure of these wetlands to qualify for protection under the federal regulatory definitions. Additional protections are needed to protect wetlands of the interior west, particularly western riparian areas that serve the same functions as regulatory wetlands, that may meet the scientific definition of wetlands, but nevertheless are not protected because they do not meet the regulatory definitions of wetlands. Additionally, isolated western wetlands need additional protection because they are in jeopardy of losing current protection through the federal courts' narrowing interpretation of the Commerce Clause and the applicability of federal wetland protection statutes. Additional federal protection for western wetlands is unlikely because of the movement in the courts and in Congress to diminish federal reach into the regulation of private land. Thus, the western states should take the initiative to supplement federal wetland protection with state programs that strike a balance between cost and regulatory intrusion onto private land. Such programs may include participation in federal cost-share programs and programs for the purchase of conservation easements.
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