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Floodplain Management: Executive Order No. 11988, 1977. May 24, 1977, 42 F.R. 26951
President Jimmy Carter issued this order in support of the National Environmental Policy Act, the National Flood Insurance Act of 1968, and the Flood Disaster Protection Act in order to avoid to the extent possible the long and short term adverse impacts associated with the occupancy and modification of floodplains. The order directed federal agencies to avoid direct or indirect support of floodplain development wherever there is a practicable alternative.
Protection of Wetlands: Executive Order No. 11990, 1977 . May 24, l977, 42 F.R. 26961
This order directs all federal agencies to avoid to the extent possible the long and short term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or Indirect support of new construction in wetlands wherever there is a practicable alternative.
Comprehensive Environmental Response, Compensation, and Liability Act , 1980.
42 U.S.C. §§ 9601-9675, December 11, 1980, 1986-1988, 1990, 1992, 1994 and 1996.
This Act, popularly known as CERCLA, provides for the cleanup of sites contaminated by hazardous substances. It authorizes the federal government to clean up sites using the Hazardous Substance Superfund. It also imposes liability for cleanup on responsible parties and requires them to perform the cleanup, reimburse others for their cleanup expenses or reimburse the Fund when the Fund is used to pay for cleanup. The Act requires that responsible parties pay damages to the federal, state or tribal government for the destruction or loss of, or injury to, natural resources. CERCLA requires that the President revise and republish the National Contingency Plan (NCP) for the removal of oil and hazardous substances. The NCP must include a national hazardous substance response plan based on priorities defined in the National Priorities List (NPL). The NPL provides the hazardous ranking system for chemicals (ranked by degree of potential harm to human health and to the environment. One of the disturbing features of the act is that there is no liability if the party responsible for the release of a hazardous substance can establish that the release and the resulting damages were caused solely by an act of God. Coastal storms could bring pond-stored chemicals into coastal wetlands and waters with substantial damage to wildlife and fishery resources.
CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986. This allowed the continuation of clean-up activities at Superfund sites. It also authorized the Emergency Planning and Community Right-to-Know Act (EPCRA), and included additional enforcement authorities.
Coastal Wetlands Planning, Protection and Restoration Act (CWPPRA), 1990. 16 U.S.C. §§ 3951-3956, November 29, 1990, as amended 1991 and 1996.
The Coastal Wetlands Planning, Protection, and Restoration Act of 1990 (CWPPR) is the significant legislation aimed at protecting and restoring coastal wetlands. This bill was introduced by Senator John Breaux of Louisiana after he recognized the importance of coastal wetlands and how fast they were disappearing particularly in Louisiana. The U.S. Fish and Wildlife Service conducted the National Wetlands Trends Analysis study beginning in 1978. In the study they noted changes in wetlands from 1950 to 1970 by analyzing aerial photographs. They found that during those 20 years 400,000 acres of coastal marshes and mangrove swamps were destroyed. Current estimates of coastal marsh loss in Louisiana alone are about 8760 acres per year.
Coastal salt marshes and mangrove swamps are important wintering areas for waterfowl and breeding grounds for wading birds. These habitats are also important nursery areas for sport and commercial fish, shrimp, and crabs. Continued loss of these habitats will adversely affect fishery production. The causes of the destruction are multiple; some are: rise in sea level, subsidence of the coastal plain, levee construction, channelization, oil and gas extraction, dredging and filling for housing, municipalities, and industrial developments. Thus, the marshes were drowned, dug up, washed away, or burried. CWPPR projects are attempting to rebuild coastal salt marsh and to reinforce protective barrier islands to prevent further marsh loss.
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