The Federal Government Accepts
Federal decision-makers would at last consider environ-
mental quality as an important national g a o l
Environmentalism
An objective evaluation of the Corps of Engineers
r e c o r d d u r i n g t h e 1960's a n d '70's w i l l , I t h i n k ,
As already mentioned, the decade of the 1960's saw a
demonstrate conclusively that the Corps not only ac-
belated quickening of public and governmental concern
cepted the environmental policies adopted by the Federal
f o r t h e d e t e r i o r a t i n g A m e r i c a n e n v i r o n m e n t . I n 1963
Government, but that it actually provided environmental
Congress enacted the Clean Air Act, a statute that proved
leadership. Before and after the enactment of these
less than effective in ending air pollution, but did reflect
Federal environmental laws, the Corps worked t o
F e d e r a l c o n c e r n w i t h t h e problem.15 S o o n t h e r e a f t e r
r e d i r e c t n a t i o n a l a t t e n t i o n to p r o g r a m s t h a t s e e k t o
Congress passed the Water Quality Act of 1965,16 a law
balance the objectives of development and conservation,
which did not reduce significantly the problem of water
rather than merely emphasizing development.
pollution, but which was a trial-and-error attempt to im-
The Corps' New Environmental Consciousness
prove water quality. In 1968 Congress adopted the Wild
a n d S c e n i c R i v e r s Act,17 w h i c h r e q u i r e d a l l W a t e r
Resource Development Plans to consider setting aside
In this brief article I cannot do more than begin to ex-
the river in question as a free-flowing, natural stream.
plain the many measures which the Corps has initiated
since the 1960's to elevate environmental quality to an
The growing "environmental movement" achieved a
equal status with economic development as a Corps ob-
signal victory in 1969 with the passage of the National
jective. An abbreviated summary must suffice.
Environmental Policy Act-NEPA.18 That now-famous
statute also created the Council on Environmental
One Activity which has led many environmentalists to
Quality and required preparation of a thorough environ-
praise the Corps (and has led some land developers to
mental impact statement for every major Federal action
revile us) has been the Corps' regulatory protection of
which could have a significant impact on the human
U . S . waters and wetlands against unjustifiable dredging,
environment.
filling, a n d p o l l u t i n g . T h e C o r p s h a s a t t e m p t e d t o
safeguard U.S. navigable waters since passage of the
One can hardly overemphasize the value and impor-
R i v e r a n d H a r b o r A c t of 1899; h o w e v e r , b e f o r e t h e
tance of other environmental legislation which followed
1960's court decisions and Attorney Generals' opinions
NEPA. For example, Congress recognized the inade-
restricted Corps regulations to protection of navigation.
quacies of earlier statutes, and so adopted the 1970 Clean
Nevertheless, once a U.S. Supreme Court decision gave
A i r A c t A m e n d m e n t s 19 a n d t h e 1972 F e d e r a l W a t e r
us expanded authority in 1966,22 the Corps began to a c t
gave the Federal Government authority to act against air
against water polluters even if their discharges would not
have hindered commercial navigation.
and water pollution. Another example is the 1973 En-
I n 1967, t h e C o r p s e x p a n d e d i t s e f f o r t s t o s t o p
dangered Species Act,21 w h i c h e s t a b l i s h e d a n e f f e c t i v e
destructive dredging and filling of productive wetlands
Federal program to preserve species of animals and
and shallow water areas. We initiated a regular practice
plants threatened with extinction. In short, the national
of denying the "dredge and fill" permits requested by
movement which had been inspired by Carson's Silent
land developers, who seemed intent upon eliminating all
Spring and by other environmental declarations of the
our remaining marshes, and the fisheries, wildlife, and
1960's a c t u a l l y d i d b e g i n r e d i r e c t i n g t h e c o u r s e o f
clean water resources dependent on them. Under the
America's government by the 1970's ensuring that all
The Corps protects U.S. waters and wetlands against unjustifiable dredging and filling.
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