For decades, federal agencies have used the wetlands regulatory process to slow or halt the development of resources on state lands, and often impose permit conditions such as costly compensatory mitigation requirements that challenge the economics of a project. In some cases, Alaskans conducting activities on their own property that accidentally disturb wetlands have received severe fines for not obtaining prior federal authorization.
Such federal control over wetlands emphasizes the importance of identifying the jurisdictional boundaries that determine whether a project is subject to state or federal permit standards. This is particularly true in Alaska given that the state contains 175 million acres of wetlands, which equates to 63% of all wetlands in the United States.
AIDEA has been diligently studying the implications of the Sackett decision with legal and scientific experts* and has released this technical method for determining whether wetlands are subject to federal or state regulatory jurisdiction. The AIDEA JEM results from the United States Supreme Court's decision in Sackett v. Environmental Protection Agency (Sackett), which clarified the definition of Waters of the United States and significantly narrowed the reach of federal wetlands regulatory jurisdiction under the Clean Water Act.
AIDEA remains steadfast in its dedication to promoting economic vitality and ensuring the sustainable development of Alaska's natural resources. By championing the rights of private landowners, AIDEA continues to lead the charge in reducing federal overreach, mapping the path to a prosperous future for Alaska and its residents.
For more information about the AIDEA JEM, we encourage you to view the AIDEA JEM Press Release, Correcting 50 Years of Error - Applying the "JEM" to Wetlands on the Ambler Access Project, AIDEA JEM Application Presentation, AIDEA JEM Technical Methodology Description (draft), and *ECP Statement of Qualifications.