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“By precisely defining federally-desig- nated wetlands in conformity with the U.S. Supreme Court Sackett opinion, we have brought clarity to the process and reduced federal control,” the governor said. “Unfortunately, even after Sackett and another important High Court decision, federal agencies are attempting to retain authority that Congress never gave in stat- ute,” Ruaro said. “It is this kind of control and endless litigation that leads to delays in many projects.” Dr. Eddie Packee, a recognized Alaska soil and water specialist, developed JEM for AIDEA. “Through rigorous research and col- laboration, we have meticulously crafted a pragmatic and legally defensible method to assess and delineate federally regulated wetlands accurately,” Packee said. Packee earned his doctorate in mining from the University of Pretoria in South Africa in 2005. He received his master’s and undergraduate degrees from the University of Alaska Fairbanks. He also is a certified professional soil scientist with a specialty in stormwater erosion and sediment control and has per- formed erosion and sediment control-re- lated work since 1992. Packee is a Master Instructor for the Alaska Certified Erosion and Sediment Control Program, a collabo- ration of government agencies and Alaska contractor associations. AIDEA’s new tool could help Alaska de- velopers but the common assumption is that until Sackett is further defined by the lower courts, it must be assumed that large new Alaska projects will still fall under the feder- al Clean Water Act and USACE jurisdiction, and the requirement to go through the federal Environmental Impact Statement process. One option for Alaskans, however, is for the state to assume “primacy” for the Clean Water Act permits, which could at least have state rather than federal officials administer permits, although the broad re- quirements of the Clean Water Act would still control. The state has investigated this, but the cost of primacy has been a concern, so no action is currently underway. Primacy is another area addressed by the Sackett decision that the Corps has re- sisted. In Sackett, the court noted that un- der the Clean Water Act, states are to have primacy control over resource development decisions. The court has not implemented this part of the decision.
“Because the presence or lack of federal wetlands can delay a project for years and cost huge amounts of funds, AIDEA worked with profes- sional hydrologists to develop a method, a tool, for applying the new post-Sackett wet- lands determination standards."
— Randy Ruaro, Executive Director, Alaska Industrial Development and Export Authority
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www.AKRDC.org
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