The American Road & Transportation Builders Association (ARTBA) has announced the availability of a legislative guide to help state governments implement a U.S. Supreme Court ruling on "isolated wetlands."

At issue is the high court’s Jan. 9, 2001, decision (Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers) that knocked down the so-called "migratory bird rule" that the Army Corps of Engineers had been using to expand its regulatory authority over wetlands. The court ruled federal authority under the Clean Water Act does not extend to isolated wetlands.

In response to the ruling, the Association of State Wetland Managers developed model legislation that would establish state regulations with respect to isolated wetlands that would create onerous requirements and extensive, burdensome paperwork mandates on contractors.

ARTBA joined with the National Association of Realtors, National Stone, Sand and Gravel Association, National Multi Housing Council, and National Apartment Association to produce comprehensive legislative materials to assist states in properly responding to the Supreme Court decision. The guide summarizes each state’s laws and regulations governing wetlands and provides the four groups’ own model legislation to foster an effective, common sense approach to regulating wetlands at the state level.

ARTBA is distributing the guidance to the state through its nationwide network of state chapters.

For more information, visit www.artba.org.