The Bush administration recently abandoned a proposal, sought by developers, to remove federal protection for as much as 20 million acres of wetlands after receiving more than 133,000 comments in opposition from environmentalists, sportsmen, state officials, and others. In offering the proposal last January, EPA claimed to be responding to a contentious 5-4 decision by the Supreme Court, which determined that the Clean Water Act covers only “navigable waters,” and cannot be applied to isolated intra-state ponds and wetlands that have been protected only because of the presence of migratory birds. Notably, however, the court’s ruling was narrow and did not direct the wholesale policy changes pursued by EPA. The administration’s change of heart recognizes this. Nonetheless, the administration has not repealed internal guidance -- issued at the same time as the proposal -- to staff at EPA and the Army Corps of Engineers that if fully implemented would have the same effect as the proposed rule change. “In order to fully enforce the Clean Water Act and protect all waters, the Bush administration must not only stop the proposed rulemaking, but must rescind the guidance policy,” said Joan Mulhern, senior legislative counsel for Earthjustice. Without federal protection, isolated wetlands -- which make up nearly one-fifth of the nation’s wetlands -- are highly vulnerable because most states do not have programs in place to defend them.