Oberstar Sets the Record Straight on Wetland Protection Bill by Congressman James L. Oberstar Appearing in Press Release on 2006-10-20. Duluth-In the past two weeks, Congressman Jim Oberstar’s challenger has made a number of false and misleading statements about Oberstar’s legislation to keep the Clean Water Act protecting America’s waters. Oberstar’s bill, H.R. 1356, The Clean Water Authority Restoration Act of 2005, would clarify federal law in the wake of two Supreme Court decisions that could limit the federal government’s ability to protect wetlands. “This legislation simply makes it clear that the Clean Water Act covers all of the waters of the United States,” said Oberstar. “That is how the bill was written in 1972, that’s how it’s been enforced since and we have cleaned up half of the polluted water in our country because of it.” In a debate on Twin Cities Public Television’s Almanac on October 13th, Grams claimed that the Clean Water Act has violated the rights to U.S. Citizens. “There’s a guy in prison for filling in a pothole on his property!” Grams exclaimed. Grams later identified three people who he claims were unfairly prosecuted under the Clean Water Act. They are: James J. Wilson, a Maryland Developer who filled-in 70 acres of wetlands on his property after he was repeatedly warned over a period of four years by his own consultants and the Army Corps of Engineers that he was not permitted to do so. [Washington Post, 3/1/96] Ocie Mills and his son, Corey Mills of Navarre, Florida, who purchased a piece of land at a reduced price because it had a wetlands restriction on development and then filled the land after repeated warnings not to do so. Mill was a well known activist in the property rights movement; testimony in his case revealed that he wanted to challenge the authority of the Clean Water Act. [Los Angeles Times October 18, 1992] John Pozsgai of Pennsylvania, who was convicted of criminal wetlands violations in 1989. Here is the reference to this case that is cited in the Grams campaign’s latest press release on this subject: United States v. Pozsgai In December 1989, a Philadelphia jury convicted John Pozsgai on 40 counts of knowingly filling wetlands in Bucks County, Pennsylvania, without a Section 404 permit. Mr. Pozsgai was sentenced to three years in jail, ordered to restore the site upon his release, and assessed a fine. His conviction and sentence have been affirmed by the U.S. Supreme Court. Even prior to purchasing the 14-acre tract in 1987, Mr. Pozsgai was told by private consultants that the site contained wetlands subject to permitting requirements of Section 404. He purchased the property at a reduced price due to the presence of wetlands, and then proceeded to ignore no fewer than ten warnings from EPA and Corps field staff to stop filling the wetlands without first getting a Section 404 permit. He also defied a temporary restraining order (TRO) issued by a Federal court judge. In fact, the government documented violations of the TRO on videotape, thanks to the cooperation of neighbors whose homes were being flooded as a result of Mr. Pozsgai’s filling in his wetlands. [EPA website: http://www.epa.gov/OWOW/wetlands/facts/fact15.html] “It’s clear that Grams is siding with people who have flagrantly disregarded federal clean water laws,” said Oberstar. “He is demonstrating that he is going to go to bat for polluters over people. This bill is critical to protecting the habitat of water fowl and other indigenous species. It is supported by duck hunters, fishermen, recreational enthusiasts and environmental groups from across the country.” ###

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