Taking the Symms Amendment Seriously

A recently passed amendment to the Senate Surface Transportation Efficiency Act could severely hamper federal environmental programs particularly wetlands protection. Introduced by Senator Steve Symms (R-ID), the amendment would require all executive branch agencies to minimize the possibility that their regulations or any other "actions" could result in a "taking" of private property. Proponents of the Symms measure have made it clear that a prime target is the Federal Water Pollution Control Act's §404 program.