The California State Water Resources Control Board is considering the adoption of a controversial Wetland and Riparian Area Protection Policy purportedly designed to "fill the gaps" in federal wetland protections left by the Supreme Court in its SWANCC (2001) and Rapanos (2006) decisions. This is a curious development in light of the fact that the EPA and Corps are still regulating virtually every pond, puddle and ditch in the Nation under the Clean Water Act sec. 404(b) provision.
The federal Rapanos Guidelines are so broad as to encompass any wetland anywhere and public comments suggest the State Water Board's policy goes too far. Nevertheless, the State is pressing forward and will consider adopting the proposed policy at its April 15 meeting. The draft policy and comments can be read here. http://www.swrcb.ca.gov/cwa401/wrapp.html
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