LEGAL ISSUES
Clean Water Act Case: United States v. Cundiff, 2007 WL 957346 (W.D. Ky. March 29, 2007) By Jim Murphy -- National Wildlife Federation – April 11, 2007 In this Kentucky case, Defendants appealed a permanent injunction from discharging dredge and fill material on wetlands adjacent to Pond and Caney Creeks, tributaries of the navigable Ohio and Green Rivers, without complying with Clean Water Act.  Defendants argued that the wetlands were not jurisdictional because they do not meet Justice Scalia's test from Rapanos.  The court disagreed. It ruled that, under Rapanos, jurisdiction can be established pursuant to either Justice Kennedy's "significant nexus" test or Justice Scalia's "relatively permanent," "continuous surface connection" test.  It then found that the wetlands were jurisdictional under both tests. In finding that jurisdiction can be established under either Justice Kennedy's or the plurality's tests, the court agreed with the First Circuit Court of Appeal's decision in United States v. Johnson court that in interpreting splintered rulings, such as Rapanos, where the majority in judgment had no common rationale, all opinions, including the dissent, should be evaluated by lower courts for principles embraced by a majority of the Court.  Looking to Justice Stevens' dissent, the court said: "[s]ignificantly, in accordance with this case law, the four dissenting Justices in Rapanos stated explicitly that they would sustain the exercise of federal regulatory jurisdiction under the CWA whenever either the plurality's standard or Justice Kennedy's standard is satisfied."  Id. at *3.In applying Justice Kennedy's test, the court looked to expert witness testimony that demonstrated that the wetlands function as water storage, pollutant filtration, and habitat support for the navigable Green River.  Id.at *4.  Expert testimony also showed that filling the wetlands diminished capacity for storing water, leading to flooding downstream that affected navigation and crop production (commerce), stream bank erosion and sedimentation.  Evidence was also presented that destruction of the wetlands allowed acid mine drainage to move quickly into the Creeks and Rivers without being first filtered out by the wetlands.  Thus, the court found that because the wetlands "alone and in combination with other area wetlands 'significantly affect the chemical, physical and biological integrity' of the Green River," there exists a "significant nexus," satisfying Justice Kennedy's test.  Id. at *5.
Clean Water Act Case: United States v. Fabian, 2007 WL 1035078 (N. D. Ind. Mar. 29, 2007) By Jim Murphy -- National Wildlife Federation – April 11, 2007 In a case out of the Federal District Court for the Northern District of Indiana, a judge ruled that wetlands separated by a levee from the Little Calumet River were jurisdictional because they were adjacent to a navigable-in-fact river.  The case concerned a landowner who had filled approximately 7.5-10 acres of wetlands on site containing up to about 19.5 acres of wetlands.  The wetlands at issue did not have surface flow to the river, though the United States alleged that the wetlands did contribute to the base flow of the river. Applying Justice Kennedy's test, the court concluded that the wetlands were adjacent to the Little Calumet River because Justice Kennedy upheld the Corps' current broad definition of adjacency, which includes wetlands separated from other waters "by man-made dikes or barriers."  2007 WL 1035078 at *13 (citations omitted).  The court then examined whether the Little Calumet River was navigable-in-fact, stating: "Fabian would have this Court believe that the distinction between navigable-in-fact and non-navigable-in-fact waters is irrelevant here, and that in either case Justice Kennedy's substantial nexus test must be applied. That is not the case. Justice Kennedy's concurring opinion states that:  When the Corps seeks to regulate wetlands adjacent to navigable-in-fact waters, it may rely on adjacency to establish its jurisdiction. Absent more specific regulations, however, the Corps must establish a significant nexus on a case-by-case basis when it seeks to regulate wetlands based on adjacency to nonnavigable tributaries."Id. at *13 (citation omitted).  The court concluded that "[i]f the Little Calumet River is navigable-in-fact, Justice Kennedy would find as a matter of law that jurisdiction exists."  Id. at *14.  Because the four dissenting votes in Rapanos would find that "jurisdiction exists regardless of whether the Little Calumet River is navigable-in-fact because it is without question that the Little Calumet River is a tributary of a navigable in fact water," Justice Kennedy's analysis is dispositive.  Id.  The court then relied on evidence that the river supports canoe boat traffic to find that it is navigable-in-fact, even though the court questioned "how likely it is that this body of water will be used for substantial interstate commerce."  Id. at *14-15.  Thus, the court ruled that the wetlands were jurisdictional. The court also decided that the area at issues was indeed wetlands, that Fabian's movement of earth to fill the wetlands was not incidental fallback, and that, depending on further factual inquiry, "[a]t this point, it appears from the record [that restoration of the wetlands is an appropriate remedy]."
Environmental Protection Agency v. Defenders of Wildlife (06-549); Natl. Assoc. of Home Builders v. Defenders of Wildlife (06-340) By Cecelia Sander – LII Bulletin/Cornell Law School – April 17, 2007 This case involves the intersection of two landmark environmental statutes, the Clean Water Act and the Endangered Species Act. Under the Clean Water Act, the EPA issues permits for discharging pollutants into the water. The statute provides for the transfer of permitting authority to a state when certain requirements are met. Section 7 of the Endangered Species Act imposes an obligation on agencies to insure that their actions do not cause harm to endangered species and to consult with other federal services to achieve this end. However states are not bound by Section 7’s obligations. Defenders of Wildlife challenge the EPA’s decision to transfer to Arizona permitting authority under the Clean Water Act. For the full bulletin, visit: http://www.law.cornell.edu/supct/cert/06-549.html   For additional information on these cases, visit: http://eswr.com/courts/ussc/06340.htm
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Reports
Wetlands: An Overview of Issues – Report by Congressional Research Service By Claudia Copeland – Congressional Research Service – July 12, 2010 Recent Congresses have considered numerous policy topics that involve wetlands. Many reflect issues of long-standing interest, such as applying federal regulations on private lands, wetland loss rates, and restoration and creation accomplishments.  For full report, go to: http://ncseonline.org/NLE/crs/abstract.cfm?NLEid=1647  (or) http://ncseonline.org/NLE/CRSreports/10Jun/RL33483.pdf
FWS: Status Report for the National Wetlands Inventory Program 2009 Edited by Ralph Tiner – FWS – December 2009 The 2009 report on the National Wetlands Inventory Program has been posted on the FWS website. This provides an overview of the NWI program as well as links to new resources available. The NWI Program has come a long way since its beginnings in the mid-1970s. It is much more than a mapping operation, providing data and analyses that allow decision-makers to make better informed decisions on the fate of wetlands and that have helped educate the American public on wetlands, their values, status, and threats. To read the full report, go to: http://www.fws.gov/wetlands/_documents/gOther/StatusReportNWIProgram2009.pdf
EPA’s 2008 Report on the Environment: Highlights of National Trends (ROE Highlights) This document is an important resource for the interested public to better understand trends in our nation’s health and environment. It presents some of the key findings from the more comprehensive technical report, EPA’s 2008 Report on the Environment (ROE ) in a short, easy to understand format. To view reports, go to: http://www.epa.gov/roe/
EPA Wetlands Division launches State and Tribal Wetland Program Development webpage with Core Elements Framework
EPA’s Wetlands Division launched the Enhancing State and Tribal Wetlands Program (ESTP) initiative in 2008. The ESTP is a sustained effort to provide enhanced EPA support to state and tribal wetland programs, with a focus on programs that are actively working to build their capabilities. The Wetlands Core Elements Framework is the foundation of this effort and is now available at http://www.epa.gov/owow/wetlands/initiative/estp.html. ASWM and a group of states and tribes worked with EPA to develop the Core Elements Framework (CEF) which focuses on four fundamental aspects of state/tribal wetland programs: Monitoring and Assessment, Regulation, Voluntary Restoration and Protection and Water Quality Standards for Wetlands. The CEF provides detailed information on each the core elements including a comprehensive menu of program objectives, actions and milestones that states/tribes can choose from to chart their own course for program development.  The webpage includes a brief description of the ESTP initiative, the final Core Elements Framework, and links to related information    The CEF is designed primarily as a resource for states and tribes and can serve as a foundation for working with EPA on wetland program development. In the future, Wetland Program Development Grants will be linked to program building actions in the CEF. Updates will on potential changes to the grants will be provided on the website starting in Spring 2009.
3.6 Million Acres of Wetlands Conserved Since 2004 USFWS News – April 22, 2008 Wetland acres restored, created, improved and protected in the past four years has exceeded the President's goal, set on Earth Day 2004, to conserve three million acres by 2009. Today the Council on Environmental Quality (CEQ) released a new report highlighting how the President’s goal was achieved one year early. Conserving America’s Wetlands 2008: Four Years of Partnering resulted in Accomplishing the President’s Goal documents this natural resource conservation success story. For the full report, go to: http://www.whitehouse.gov/ceq/wetlands/2008/index.html
Report Released on the Economic Importance of America's Estuaries Restore America's Estuaries announces the release of its report, The Economic and Market Value of Coasts and Estuaries: What's At Stake? The report examines the high costs of losing coastal and estuarine environments.  Restore America's Estuaries held a Congressional Briefing on the findings of the report on May 22.  Dr. Linwood Pendleton of the Ocean Foundation's Coastal Ocean Values Center presented the findings and answered questions at the well attended briefing.  For more information or to read the report: http://www.estuaries.org/assets/documents/FINAL%20ECON% 20WITH%20COVER%20PDF%205-20-2008.pdf
Conserving America’s Wetlands 2008: Four Years of Partnering Resulted in Accomplishing the President's Goal On Earth Day 2004, the Council on Environmental Quality established a national wetland initiative to restore or create (by 2009), at least one million wetland acres; improve or enhance at least one million wetland acres; and protect at least one million wetland acres. On Earth Day 2008 the council reported that the goals had surpassed the 2004 projections. The current figures indicate that approximately 1,197,000 acres have been restored or created, 1,079,000 acres improved, and 1,324,000 acres have been protected. For the complete report, visit the Council on Environmental Quality website at http://www.whitehouse.gov/ceq/wetlands/2008/index.html
Public Review Draft Available for Comment -- National Water Program Strategy: Response to Climate Change Last year, the EPA Office of Water initiated an assessment of the impacts of climate change on water programs.  Today, EPA is releasing a draft of the National Water Program Strategy: Response to Climate Change and is seeking comments on the document over the next 60 days.  More information, including a copy of the draft Strategy, is available at http://www.epa.gov/water/climatechange/
Survey Says: Army Corps No Scalian Despot by Kim Diana Connolly -- Environmental Law Institute's ELR News & Analysis -- May 2007 Editor's Summary: Justice Antonin Scalia and others have described the U.S. Army Corps of Engineers’ (the Corps’) administration of the CWA§404 permitting process as burdensome and inefficient. Empirical data gathered from the Corps, however, do not bear out this assessment. In this Article, Kim Diana Connolly evaluates data collected from Corps Customer Service Surveys as well as the apparent disconnect between applicant experiences and the public’s negative perception of the permitting process. For a link to this article, go to: http://www.aswm.org/ fwp/survey_ says_0507_ connolly.pdf
"Significant Nexus" Clean Water Act Jurisdiction Draft Decision Paper Availabe for Review and Comment ASWM has posted a draft discussion paper that provides a detailed description of the Carabell/Rapanos decision and other relevant court cases. It includes recommendations on how the agencies should proceed as they pursue guidance and/or rulemaking. It is posted as a draft document and comments and ideas are welcome through the end of December. The full document: "Significant Nexus" and Clean Water Act Jurisdiction The summary and recommendation section: Recommended Actions to Clarify Clean Water Act Jurisdiction Following Issuance of the Consolidated Decision, Rapanos v. U.S. 126 S. Ct. 2208 (S.Ct. 2006)
ASWM Press Release, March 30, 2006 Ponds Proliferate, but Wetland Losses Continue The good news in the recently-released report by the U.S. Fish and Wildlife Service-Status and Trends of Wetlands in the Conterminous United States: 1998 to 2004-is the continued decline in the rate of wetland loss. The bad news is that while the rate of wetland loss has declined, tidal salt marshes and shrub swamps continue to be lost at significant levels. Unfortunately, the report's seemingly-good conclusion that the nation has achieved "no net loss of wetlands" is misleading. The "no net loss of wetlands" is largely due to the proliferation of ponds, lakes and other "deepwater habitats," as the report points out. These ponds include ornamental lakes for residential developments, stormwater detention ponds, wastewater treatment lagoons, aquaculture ponds and golf course water hazards. (More)
U.S. Supreme Court Issues Complicated Decision; Remands Rapanos and Carabell to Lower Courts for More Fact-Finding Additional information is available at: http://www.aswm.org/fwp/rapanos_state2006.htm
S. D. Warren: Unanimous Decision in Support of the States and the Clean Water Act   In a unanimous decision the Supreme Court held that "Because a dam raises a potential for a discharge; Section 401 is triggered and state certification is required."
· Syllabus - S.D. Warren v. Maine Board of Environmental Protection, et. al. · Opinion of the Court - S.D. Warren v. Maine Board of Environmental Protection, et. al. · Transcript of Oral Arguments - S.C. Warren v. Maine Board of Environmental Protection, et. al. (PDF)
"Waters of the U.S." After SWANCC. This paper was prepared for a workshop on Clean Water Act Jurisdiction held by ASWM in October 2005. The paper includes an examination of the Clean Water Act definition of waters, the SWANCC decision, and court cases and administrative guidance relevant to SWANCC. It also includes discussion on legal and factual issues important to identifying jurisdictional wetlands in the field. The draft paper is posted at: http://www.aswm.org/calendar/legal/legalpaper.pdf.
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Guidance Documents
White House Releases Revised Principles & Guidelines for Water Resources On December 3, 2009, the White House Council on Environmental Quality released a proposal to the National Academy of Sciences (NAS) for their review that would significantly change the principles and guidelines that govern America’s water resource planning. The proposal would require that such projects help to improve the economic well-being of the Nation for present and future generations, better protect communities from the effects of floods and storms, help communities and individuals make better choices about where to build based on an understanding of the risk, and protect and restore the environment. For full story, go to: http://www.whitehouse.gov/administration/eop/ceq/initiatives/PandG
EPA Releases Guidance to Help Federal Facilities Better Manage Stormwater Washington – The U.S. Environmental Protection Agency (EPA) has issued guidance to help federal agencies minimize the impact of federal development projects on nearby water bodies. The guidance is being issued in response to a change in law and an Executive Order signed by President Obama, which calls upon all federal agencies to lead by example to address a wide range of environmental issues, including stormwater runoff.     "EPA is proud to issue this new guidance to help federal facilities reduce stormwater pollution,” said Peter S. Silva, assistant administrator for EPA’s Office of Water. “By taking these steps to create more sustainable facilities, federal agencies can lead by example in reducing impacts in the local watershed.” For full article, go to: http://yosemite.epa.gov/opa/admpress.nsf/0/70E60DCB4B4712DD8525 768600686449 More information on the guidance, go to: http://www.epa.gov/owow/nps/lid/section438/
New 11/30/09 Wetlands Mapping Standard ASWM has added a new webpage with more detailed information and additional links on the new Wetlands Mapping Standard.
New Corps Guidance on Sea Level Rise: Water Resource Policies and Authorities Incorporating Sea-Level Change Considerations in Civil Works Programs U.S. Army Corps of Engineers - July 1, 2009 This circular provides United States Army Corps of Engineers (USACE) guidance for incorporating the direct and indirect physical effects of projected future sea-level change in managing, planning, engineering, designing, constructing, operating, and maintaining USACE projects and systems of projects. Recent climate research by the Intergovernmental Panel on Climate Change (IPCC) predicts continued or accelerated global warming for the 21st Century and possibly beyond, which will cause a continued or accelerated rise in global mean sea-level. Impacts to coastal and estuarine zones caused by sea-level change must be considered in all phases of Civil Works programs. For full report, go to: http://140.194.76.129/publications/eng-circulars/ec1165-2-211/ec1165-2-211.pdf
Revised Guidance addressing Clean Water Act jurisdiction following Rapanos decision
EPA News Release – December 3, 2008 On June 5, 2007, the Environmental Protection Agency (EPA) and the Department of the Army issued guidance clarifying Clean Water Act (CWA) jurisdiction following the U.S. Supreme Court’s decision in the consolidated cases Rapanos v. United States and Carabell v. United States. The agencies received 66,047 public comments on the Rapanos Guidance (65,765 form letters, 282 non-form letters), from States, environmental and conservation organizations, regulated entities, industry associations, and the general public. EPA and the Department of the Army jointly reviewed the comments and released a revised version of the guidance on December 2, 2008 in consideration of those comments and consistent with the agencies' experience implementing the guidance. The revised guidance and a set of questions and answers on the guidance are posted at: http://www.epa.gov/owow/wetlands/guidance/CWAwaters.html  Specifically three documents have been revised: For the revised Q&A, go to: http://www.epa.gov/owow/wetlands/pdf/Rapanos_%20Guidance_QA% 20120208.pdf For the revised guidance, go to: http://www.epa.gov/owow/wetlands/pdf/CWA_Jurisdiction_Following_Rapanos 120208.pdf For the revised comments, go to: http://www.epa.gov/owow/wetlands/pdf/Comments_Response_120208.pdf For a related press release, Revised EPA “Guidance” Amplifies Need for Clean Water Restoration Act by National Wildlife Federation, Contact: Aileo Weinmann – December 4, 2008 “The revised Guidance clearly points to the need for Congress to clean up the legal mess and restore full protections to our Nation’s waters.” For press release, go to: http://ww.pennnet.com/display_article/347036/41/ARTCL/none/none/1/Revised-EPA-
House and Senate Hearings Held on Clean Water Restoration Act
On April 16 the House Transportation and Infrastructure Committee held a hearing on the Clean Water Restoration Act.  The committee received testimony from the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, the U.S. Department of Justice, the U.S. Department of Agriculture's Natural Resources Conservation Service, representatives of State and local governments, environmental, agricultural, and industry interests, legal practitioners, and other stakeholders on the Clean Water Restoration Act of 2007.  More information about the hearing including the live webcast, background paper and testimony is available at: http://transportation.house.gov/hearings/hearingDetail.aspx?NewsID=486 The live webcast and written testimony for the hearing on April 9, 2008 is available at http://epw.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID= 116d6ddd-802a-23ad-4f2f-4d329c912bb2
Update to Coastal and Estuarine Land Conservation Program Guidelines NOAA’s Coastal and Estuarine Land Conservation Program (CELCP) was established in 2002 to provide state and local governments with matching funds to permanently protect coastal and estuarine lands of ecological, conservation, recreational, historical or aesthetic significance.  Administration of CELCP is currently guided by the Final Guidelines for Coastal and Estuarine Land Conservation Program, published in the Federal Register in 2003.  The Guidelines establish the eligibility, procedural, and programmatic requirements for the CELCP, including criteria for financial assistance, criteria and processes for developing state CELCP plans, selecting and nominating land conservation projects from states to a national competitive process, and the national project selection process. After five years of implementing CELCP under these Guidelines, NOAA plans to clarify certain provisions and consider other changes.  In April, NOAA announced the Guidelines update in the Federal Register, inviting states, NGOs, and other interested parties to provide comments or suggestions for revision to the Guidelines within a 60-day comment period (73 Fed. Reg. 19, 193, April 4).  More information about CELCP and a copy of the Federal Register Notice are available at http://coastalmanagement.noaa.gov/land/celcp_indepth.html.  Comments are requested by June 9, 2008.
Legislation in the 110th Congress Related to Global Climate Change News from Pew Center on Global Climate Change Members of the 110th Congress (2007-2008) are introducing legislation related to global climate change at a faster pace than any previous Congress. As of March 2008, lawmakers had introduced more than 195 bills, resolutions, and amendments specifically addressing global climate change and greenhouse gas (GHG) emissions—compared with the 106 pieces of relevant legislation the previous Congress submitted during its entire two-year (2005-2006) term. For more information, visit: http://www.pewclimate.org/what_s_being_done/in_the_congress/110thcongress.cfm
Final Mitigation Rule Will be Available March 31 The final mitigation rule has cleared the review process and is expected to be published in the Federal Register at the end of next week.  However, before that, there will be a formal announcement and press conference on the final rule the morning of Monday, March 31.  The final rule will be posted on the EPA Wetlands Division website at: http://www.epa.gov/wetlandsmitigation/ late in the morning of March 31.
News August 2010
Obama Administration Officials Announce the Final Recommendations of the Ocean Policy Task Force EPA Climate Change and Water News – August 25, 2010 Obama Administration officials released the Final Recommendations of the Ocean Policy Task Force, which would establish a National Policy for the Stewardship of the Ocean, Coasts, and Great Lakes (National Policy) and create a National Ocean Council (NOC) to strengthen ocean governance and coordination.  The Final Recommendations prioritize actions for the NOC to pursue, and call for a flexible framework for coastal and marine spatial planning to address conservation, economic activity, user conflict, and sustainable use of the ocean, our coasts, and the Great Lakes.  The NOC would coordinate across the Federal Government to implement the National Policy.  The Final Recommendations also call for the establishment of a Governance Coordinating Committee to formally engage with state, tribal, and local authorities.  The Final Recommendations are expected to be adopted into an Executive Order by President Obama.  The full text of the National Policy for the Stewardship of the Ocean, Coasts, and Great Lakes is available at:  http://www.whitehouse.gov/administration/eop/oceans .
NOAA, SeaWeb Communicate Value of Coral Reefs NOAA News Release – August 25, 2010 NOAA and SeaWeb have entered into a partnership to enhance understanding of the nation’s coral reef ecosystems in the Caribbean, Florida, Hawaii and the Pacific Islands. The three-year agreement will dedicate $850,000 in NOAA funding and $865,000 in matching funds from SeaWeb to help the U.S. coral jurisdictions implement communications strategies for motivating better protection, conservation and management of coral reef ecosystems. The agreement was the result of a competitive request for proposals issued by NOAA in early 2010. For full press release, go to: http://www.noaanews.noaa.gov/stories2010/20100825_seaweb.html
NOAA Launches Coastal Interviews from the States CSO Weekly Report – August 19, 2010 NOAA's National Ocean Service Website has launched a series of interviews the Office of Ocean and Coastal Resource Management (OCRM) did with several Coastal Zone and National Estuarine Research Reserve (NERR) Managers entitled America's Coasts...A View from the States. In the series, these managers share their perspectives on the value of and challenges facing our nation’s coasts. The second interview, Climate Change Perspectives, features John Watkins, Ohio; Rebecca Ellin, North Carolina; Ted Diers, New Hampshire; Deerin Babb-Brott, Massachusetts; Paul Dest, Maine; and Gary Lytton, Florida. To watch, visit: http://oceanservice.noaa.gov/news/features/aug10/climatechange.html
FWS Proposes Reintroduction of Nonmigratory Whooping Cranes into Southwest Louisiana FWS News Release – August 19, 2010 The U.S. Fish and Wildlife Service announced today in the Federal Register it is seeking public comment on a proposed rule to reintroduce the endangered whooping crane into habitat in its historic range on the state-owned White Lake Wetland Conservation Area in Vermilion Parish, Louisiana. The Service and the Louisiana Department of Wildlife and Fisheries (LDWF) will attempt to establish a non-migratory flock that lives and breeds in the wetlands, marshes and prairies of southwestern Louisiana. If this proposal is approved, the reintroduction effort could begin during early 2011. For more information, go to: http://www.fws.gov/southeast
NOAA Launches State of the Coasts Website The State of the Coasts website is a source for quick facts and more detailed statistics offered through 14 interactive indicator visualizations presented across four themes:  Communities, Economy, Ecology, and Climate.  Collectively, this information highlights the crucial importance of a healthy coastal ecosystem to a robust U.S. economy, a safe population, and a sustainable quality of life for coastal residents.  For additional information, visit:  http://stateofthecoast.noaa.gov/.
NOAA’s Coastal and Marine Spatial Planning Website On July 19, 2010, President Obama signed an executive order establishing a National Policy for the Stewardship of the Ocean, Our Coasts, and the Great Lakes, which identifies coastal and marine spatial planning (CMSP) as one of nine priority implementation objectives. As the National Ocean Policy is being implemented, news on developments in coastal and marine spatial planning can be found at www.cmsp.noaa.gov.
News July 2010
Salazar Unveils Special Edition Duck Stamp Cachet Public Can Purchase to Support Gulf Wildlife Refuges FWS News – July 27, 2010 Secretary of the Interior Ken Salazar today unveiled a special edition Federal Duck Stamp envelope, or cachet, that hunters, stamp collectors and other conservationists can purchase for $25 -- or $10 more than the cost of a regular Duck Stamp -- to help conservation efforts in the Gulf of Mexico. The funds will be used to acquire wetlands for inclusion in national wildlife refuges along the Gulf Coast. “When the Dust Bowl of the 1930s destroyed many wetlands, our nation’s sportsmen lobbied Congress to support the creation of the Duck Stamp for wetland acquisition and conservation,” Salazar said. “Today, the wildlife of the Gulf Coast faces new threats – from the current oil spill to disappearing wetlands – that we must rise to confront.  This special edition duck stamp cachet will provide hunters and other conservationists the opportunity to once again go beyond the call of duty by conserving disappearing wetlands for generations to come.” For more information, go to: http://www.duckstamp.com/mm5/
Senate Commerce Committee Holds Mark Up on SHORE Act CSO Weekly Report – July 23, 2010 On July 22, the Senate Commerce, Science and Transportation Committee held an Executive Session to mark up several bills, including the Securing Health for Ocean Resources and Environment (SHORE) Act, S. 3597.  The bill was introduced by Senator John Rockefeller (D-WV) and it improves the ability of NOAA, the Coast Guard, and coastal States to sustain healthy ocean and coastal ecosystems by maintaining and sustaining their capabilities relating to oil spill preparedness, prevention, response, restoration, and research.  It includes a grant program for the states by amending the Coastal Zone Management Act to revise programs to identify and implement new enforceable policies and procedures to ensure sufficient response capabilities at the state level to address impacts of oil spills or other accidents resulting from OCS energy activities with the potential to affect the coastal zone. The bill was amended in the Executive Session and will be voted on for passage next week.  For more information, visit: www.thomas.gov and search for S.3597. For full CSO Weekly Report, go to: http://coastalstates.org.seedevelopmentprogress.com/publications-news/
President Signs Executive Order Establishing National Ocean Policy and Releases Final Recommendations of the Ocean Policy Task Force CSO Weekly Report – July 23, 2010 On July 19, President Obama signed an Executive Order establishing a National Policy for the Stewardship of the Ocean, Coasts, and Great Lakes. That Executive Order adopts the Final Recommendations of the Interagency Ocean Policy Task Force and directs Federal agencies to take the appropriate steps to implement them.  The Executive Order strengthens ocean governance and coordination through a National Ocean Council, establishes guiding principles for ocean management, and adopts a flexible framework for effective coastal and marine spatial planning (CMSP) to address conservation, economic activity, user conflict, and sustainable use of the ocean, our coasts and the Great Lakes.  CMSP would be regional in scope, developed cooperatively among Federal, state, tribal, and local authorities, and include substantial stakeholder, scientific, and public input.  The National Ocean Council plans to hold its first meeting later this summer to begin the immediate work of implementing the National Policy. Coastal wetlands are discussed on pages 1, 11. To read the Final Recommendations report, go to: http://www.whitehouse.gov/files/documents/OPTF_FinalRecs.pdf
Senate, House Subcommittee Marks Up Energy and Water Spending Bill CSO Weekly Report – July 23, 2010 This week, the Senate Appropriations Subcommittee on Energy and Water marked up the fiscal year 2011 appropriations bill that addresses energy, infrastructure, and nuclear security.  The bill would provide $34.968 billion for the Army Corps of Engineers, Department of Interior, and the Department of Energy, which is $376 million less than the President's request and an increase of $1.5 billion from FY10 enacted levels.  Most of the increase will go to programs that address essential national security needs at the National Nuclear Security Administration.  The Army Corps of Engineers would receive approximately $5.32 billion, which is an increase of $416 million from the President's budget.  General Investigations would receive $166 million, Construction would recieve $1.78 billion, and Operations and Maintenance would receive $2.49 billion.  More detailed numbers will be made available when the full Appropriations Committee marks up the bill.  For more information, visit:  http://appropriations.senate.gov/sc-energy.cfm For what the House did, go to: http://appropriations.house.gov/index.php?option=com_content&view=article &id=693:2011-energy-and-water-appropriations-subcommittee-bill-&catid=181:press-releases&Itemid=4
Senate Committee Marks Up CJS Spending Bill CSO Weekly Report – July 23, 2010 On July 22, the Senate Appropriations Committee approved the FY11 appropriations bill for Commerce, Justice, Science, and Related Agencies.  The bill would provide $5.5 billion for NOAA, level funded with the Administration's request and $805 million more than enacted for fiscal year 2010.  Most of the new money and just over $2 billion would go toward buying new satellites that will observe weather, climate variations and changes in sea levels.  The National Ocean Service would receive $537 million, which is a decrease from the President's budget of $550.5 million and FY10 enacted levels of $578.7 million.  The bill provides CZM state grants $66.146 million, energy licensing and appeals is $750,000, and the integrated ocean observing system $33.6 million, of which $24 million is for competitive grants to regional ocean observing systems.  The Coastal Services Center is $29.9 million, of which $5 million is for the Pacific Services Center. For more information, visit: http://appropriations.senate.gov/
House Subcommittee Clears Interior Appropriations Bill CSO Weekly Report – July 23, 2010 On July 22, the House Appropriations Subcommittee on Interior and Environment marked up the fiscal year 2011 appropriations bill for the Department of Interior and the Environmental Protection Agency.  The bill provides $32.24 billion for DOI, EPA, the U.S. Forest Service, and other agencies.  It temporarily suspends further leasing or pre-leasing activities for oil along the Pacific, North Atlantic, Mid-Atlantic, South Atlantic coasts and Bristol Bay, Alaska.  Overall, EPA would receive $10.01 billion, which is slightly less than the President's request and around $200 million less than FY10 enacted levels.  The bill provides $1.9 billion for the Clean Water State Revolving Fund and fully funds the Great Lakes Restoration Initiative at $300 million.  DOI would receive $11.03 billion, which is slightly more than the President's request and level funded with FY10 enacted levels.  The Fish and Wildlife Service would receive over $1.1 billion.  More detailed numbers will be made available when the full Appropriations Committee marks up the bill.  For more information, visit: http://appropriations.house.gov/index.php?option=com_content&view=article&id= 699:2011-interior-and-environment-subcommittee-bill&catid=181:press-releases &Itemid=4
Everglades Wetlands and Wildlife Get a Boost Audubon Advisory – July 2010 Audubon applauds the U. S. Department of Agriculture’s (USDA) announcement at a press conference in Kissimmee on this week that it will dedicate funds to help restore a substantial tract of privately-owned wetlands north of Lake Okeechobee. The largest undertaking in the history of the Wetlands Reserve Program, USDA will provide funding for agricultural landowners to store water and restore wetlands on their properties. One of the greatest challenges to restoring Lake Okeechobee’s health, preventing harmful estuary discharges, storing enough water for droughts, and cleaning water of pollutants is finding enough appropriate places to store valuable rain water. This project funds such storage capacity in the area of the Fisheating Creek tributary, truly a monumental effort. The effort is huge in scale, restoring or upgrading more than 26,000 acres of wetlands at the cost of $89 million. Fisheating Creek is the last free-flowing tributary to Lake Okeechobee—and home to some of the most pristine habitats in central Florida. The Wetlands Reserve Program will help enhance and protect the region and serve to connect lands in a wildlife corridor between inland natural areas and coastal natural areas, including conservation lands in Babcock Ranch. “Redirecting government agency efforts to restore the hydrology and water quality of the Northern Everglades has long been one of our goals,” Lee said. “Cooperative projects with landowners and the acquisition of easements is more cost effective, and more likely to receive broad public support, than conventional efforts to manage water through large engineered public works projects in this area.” For more about the Wetlands Reserve Program, visit: http://www.nrcs.usda.gov/programs/wrp/
FL: Supreme Court Decisions Backs Beach Nourishment When the government widens a beach in front of private property, it dumps publicly owned sand, which makes that new strip of beach the property of everyone. Six beachfront homeowners in Destin had a problem with that. They argued the new sand in front of their homes stripped them of their exclusive beach access, and they wanted compensation. They sued the state of Florida in a case that ended up in the U.S. Supreme Court. On Thursday, a unanimous court ruled against them. http://www.tampabay.com/news/courts/article1103167.ece For the case, go to: STOP THE BEACH RENOURISHMENT, INC., PETITIONER v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ET AL., No. 08–1151 http://www.supremecourt.gov/opinions/09pdf/08-1151.pdf
Senate EPW Committee Approves Oil Bailout, NEP, Regional Water Bills  (Federal, Legal) On June 30, the Senate Environment and Public Works Committee approved several pieces of legislation to protect bodies of water throughout the U.S., including S. 3119, Long Island Sound Restoration and Stewardship Act; S. 3539, San Francisco Bay Restoration Act; S. 1817, Chesapeake Clean Water and Ecosystem Restoration Act of 2009; S. 3073, Great Lakes Ecosystem Protection Act of 2010; S. 1311, Gulf of Mexico Restoration and Protection Act; and S. 2739, Puget Sound Recovery Act of 2009. The Committee also approved H.R. 4715, Clean Estuaries Act of 2010, which amends the Clean Water Act to reauthorize and improve the National Estuary Program, and the Big Oil Bailout Prevention Act of 2010 (S. 3305). S. 3305 is intended to amend the Oil Pollution Act of 1990 to require oil polluters to pay the full cost of oil spills by eliminating the $75 million cap on liability. The bills were passed by voice vote and will go to the full Senate for consideration. For more information, visit: http://www.epw.senate.gov/public/index.cfm?FuseAction=Majority.PressReleases& ContentRecord_id=8a0b65bd-802a-23ad-4cf1-d8225a84d574&Region_id=&Issue_id=
Green Infrastructure Bills Re-introduced Last week Senators Udall (D-NM) and Whitehouse (D-RI) introduced the Green Infrastructure for Clean Water Act of 2010 (S. 3561) the Senate companion to H.R. 4202 introduced by Representative Edwards (D-MD) last year. http://tomudall.senate.gov/?p=press_release&id=590 These companion bills would provide critical support for green infrastructure strategies, improving our ability to effectively manage polluted runoff and sewage overflows while relieving pressure on aging infrastructure.  Passage of the Green Infrastructure for Clean Water Act would provide benefits beyond improving our nation's ability to manage our clean water and drinking water including increased research and development, job creation across diverse sectors, cost savings, and environmental economic benefits.  For blog discussion on the H.R. 4202 Green Infrastructure for Clean Water Act bill, go to: http://www.opencongress.org/bill/111-h4202/show For full press release, go to: http://www.commondreams.org/newswire/2010/07/09-2
National Endowment for Oceans Introduced in Senate This week, Senators Sheldon Whitehouse (D-RI), Olympia Snowe (R-ME), and John Rockefeller (D-WV) introduced the National Endowment for the Oceans, Coasts, and Great Lakes Act, S. 3641.  The bill would establish a National Endowment for the Oceans in the U.S. Treasury to fund activities to preserve and restore our ocean, coastal, and Great Lakes ecosystem. The fund would be administered by the Secretary of Commerce, in consultation with other federal agencies.  The funds would be directed in the following way:  1) 49% to coastal and Great Lakes states with approved coastal zone management plans, distributed based on 1/2 equally to all eligible states, 1/4 on shoreline miles, and 1/4 on coastal population density; 2) 29% to a national grant program for federal, state, and local agencies, academic institutions, and non-profit organizations, for projects consistent with the goals of the bill; and 3) 19% to regional planning bodies to coordinate the regional efforts of all federal, local, and private programs, facilitating a "big picture" strategy.  For the states portion, they would be required to submit for approval 5-year work plans that prioritize their conservation goals and objectives, which include annual plans that highlight the individual projects each year.  All funding will include rigorous application and review procedures as well as performance accountability measures for funded projects.  The source of funding for the National Endowment would be interest generated by the Oil Spill Liability Trust Fund, 12.5% of revenues generated from oil and gas drilling on the OCS, 12.5% of revenues generated from any offshore renewable energy development, and a portion of fines collected for any violations of federal law that occur in the U.S. EEZ.  For more information, visit: http://thomas.loc.gov/cgibin/bdquery/D?d111:1:./temp/~bdiYed:@@@L&summ2= m&|/home/LegislativeData.php|
News May 2010
NOAA Coastal Services: Digital Coast Website CSO Weekly Report - The NOAA Coastal Services Center recently upgraded its Digital Coast website to include improved graphics, search functionality, and updated filters for narrowing down content within pages, visit: www.csc.noaa.gov/digitalcoast. Improvements include a video tour of Digital Coast; Coastal socio-economic data from Census and the Bureau of Economic Analysis; Archive of "Recent Updates" so users can see what’s been updated beyond most recent items listed on the front page; and more visible Digital Coast listserv sign-up.
Section 401 Certification – New Information for State and Tribal Wetland Program Managers This past April the U.S. Environmental Protection Agency added a new document to its webpages titled:  Clean Water Act Section 401 – Water Quality Certification and Water Quality Protection Tool for States and Tribes.  According to USEPA, “This new handbook describes Clean Water Act Section 401 certification authorities, the way different state and tribal programs use certification, and how state and tribal certification programs leverage available resources to operate their own certification programs.”  It is not formal guidance, but it is a very useful document for states and tribes. http://www.epa.gov/wetlands/pdf/ CWA_401_Handbook_2010_Interim.pdf   Also see ASWM’s Compleat Wetlander blog on the handbook:   http://aswm.org/wordpress/?p=1058
Federal Interagency Floodplain Task Force Seeks Input on Five-Year Work Plan The White House’s Council on Environmental Quality recently re-established the Federal Interagency Floodplain Management Task Force (FIFM-TF). Originally authorized through and affiliated with the Water Resources Council, the FIFM-TF’s purpose is to improve coordination, collaboration, and transparency in floodplain management efforts within the federal government and with state and local governments, the private sector, and nonprofit organizations.  The FIFM-TF is currently seeking input from stakeholders on priorities for its five-year work plan. Based on initial task force discussions and feedback received from the first of its listening sessions, task force activities may include:     · Developing a compendium of Federal programs that affect floodplains and flood hazards (coastal   and riverine); · Identifying incentives in programs and policies that promote or inhibit wise floodplain use, including land use decision-making; · Revisiting the national framework presented in the Unified National Program for Floodplain Management (last updated in 1994); · Economic valuation of natural floodplain functions/services (e.g., habitat, flood storage, water quality improvement, storm buffers); and · Floodplain management considerations for climate adaptation and/or mitigation strategies.
Stakeholders may submit their comments at http://www.fema.gov/business/nfip/fifm_task_force.shtm. This site also contains information from the first listening session, held in Washington, DC, in May 2010.
USDA Announces Funding for Wetlands Conservation Assistance in 22 States and Puerto Rico USDA News Release – May 14, 2010 Agriculture Secretary Tom Vilsack today announced funding for the Natural Resources Conservation Service's (NRCS) Wetlands Reserve Program (WRP) that will add an expected 75,000 additional acres to the approximately 2.2 million acres currently enrolled in the program. The funding will go to wetland conservation projects in 22 states and Puerto Rico. "Healthy wetlands play several critical roles in protecting our environment, including improving water quality, preventing flooding and soil erosion, and creating and maintaining the best possible wildlife habitat," said Vilsack. For full press release, go to: http://www.usda.gov/wps/portal/usda/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9C P0os_gAC9MJ8QY0MDpxBDA09nXw9DFxcXQcAA_1wkA5kFaGuQBXeASbmnu4uBgbe 5hB5AxzA0UDfzyM_N1W_IDs7zdFRUREAZXAypA!!/dl3/d3/L2dJQSEvUUt3QS9ZQnZ3 LzZfUDhNVlZMVDMxMEJUMTBJQ01IMURERDFDUDA!/?contentidonly=true&contentid =2010%2f05%2f0268.xml
Fish and Wildlife Service Celebrates Endangered Species Day Contact: Vanessa Kauffman – FWS – May 13, 2010 On May 21, 2010, the U.S. Fish and Wildlife Service and several conservation organizations will observe Endangered Species Day to recognize the conservation programs underway nationwide aimed at protecting America’s threatened and endangered species. The Endangered Species Act (ESA) has helped to prevent the extinction of hundreds of species. Co-administered by the Service and National Oceanic and Atmospheric Administration, the purpose of the ESA is to conserve imperiled species and the ecosystems upon which they depend. In addition, many of the Service’s field and regional offices will be hosting events in their communities and providing unique programs to visitors on endangered species conservation. For more information on how you can find an event near you, please visit www.fws.gov/endangered/ESDay/2010.html
New Federal Strategy for Chesapeake Launches Major Initiatives and Holds Government Accountable for Progress Chesapeake Bay Executive Order – May 12, 2010 The new federal strategy for the Chesapeake region released today focuses on protecting and restoring the environment in communities throughout the 64,000-square-mile watershed and in its thousands of streams, creeks and rivers. The strategy includes using rigorous regulations to restore clean water, implementing new conservation practices on 4 million acres of farms, conserving 2 million acres of undeveloped land and rebuilding oysters in 20 tributaries of the bay. To increase accountability, federal agencies will establish milestones every two years for actions to make progress toward measurable environmental goals. These will support and complement the states’ two-year milestones. To read full article, go to: http://executiveorder.chesapeakebay.net/; Download the Executive Summary - Chesapeake EO Strategy Executive Summary.pdf (872.17 kb) Download the Full Strategy - Chesapeake EO Strategy.pdf (7.79 mb)
News April 2010
Bill to fund efforts to restore bay's wetlands By Carolyn Jones – San Francisco Chronicle – April 23, 2010 A 20-year wish list of San Francisco Bay wetlands restoration projects would finally receive funding under a $1 billion federal bill introduced by a Bay Area congresswoman. The San Francisco Bay Improvement Act of 2010 by Rep. Jackie Speier, D-Hillsborough, would fund the restoration of thousands of acres of bay marshes that were filled in or destroyed by levees and other projects in the last century. For full story, go to: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/04/22/MN4O1D2VOC.DTL#ixzz0lxKFuKM\
USDA Announces Assistance for Wetland Restoration and Enhancement USDA – April 19, 2010 Agriculture Secretary Tom Vilsack today announced the availability of funding to restore, enhance, protect, and manage habitat for migratory birds and other wetland-dependent wildlife through the Wetlands Reserve Enhancement Program (WREP). WREP is a voluntary conservation program of the Natural Resources Conservation Service (NRCS) that works through partnership agreements with states, nongovernmental organizations, and tribes. "America's wetlands play crucial roles in providing habitat for a wide variety of wildlife and plants and in sustaining healthy ecosystems," said Vilsack. "The wetland restoration and enhancement actions made possible through WREP will maximize wildlife habitat values, water quality, and improve the overall environment." For full press release, go to: http://www.usda.gov/wps/portal/usda/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os_gAC9-w MJ8QY0MDpxBDA09nXw9DFxcXQ-cAA_1wkA5kFaGuQBXeASbmnu4uBgbe5hB5AxzA0UDfzyM_ N1W_IDs7zdFRUREAZXAypA!!/dl3/d3/L2dJQSEvUUt3QS9ZQnZ3LzZfUDhNVlZMVDMxMEJUM TBJQ01IMURERDFDUDA!/?contentidonly=true&contentid=2010%2f04%2f0187.xml
USDA Seeks Proposals for Conservation Partnership Projects in Chesapeake Bay Watershed USDA – April 19, 2010 Agriculture Secretary Tom Vilsack today announced that U.S. Department of Agriculture is accelerating voluntary efforts toward a healthy and restored Chesapeake Bay through its Cooperative Conservation Partnership Initiative (CCPI). "This administration supports the use of partnerships to pursue innovative ways to improve water quality in the Chesapeake Bay Watershed," Vilsack said. "Using a voluntary approach, USDA is working with landowners and operators to reduce sediments and nutrients, increase carbon sequestration and contribute to a healthy Chesapeake Bay." For full press release, go to: http://www.usda.gov/wps/portal/usda/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os_gAC9w MJ8QY0MDpxBDA09nXw9DFxcXQcAA_1wkA5kFaGuQBXeASbmnu4uBgbe5hB5Axz A0UDfzyM_N1W_IDs7zdFRUREAZXAypA!!/dl3/d3/L2dJQSEvUUt3QS9ZQnZ3LzZfUDhNVlZMVD MxMEJUMTBJQ01IMURERDFDUDA!/?contentidonly=true&contentid=2010%2f04%2f0194.xml
President Obama Marks 40th Anniversary of Earth Day (April 12, 2010) The White House – April 16, 2010 President Obama speaks about forty years of Earth Day and his Administration’s efforts to fight for a healthier environment. http://www.whitehouse.gov/photos-and-video/video/president-obama-marks- 40th-anniversary-earth-day
President Obama Launches Initiative to Develop a 21st Century Strategy for America's Great Outdoors Contact Caleb Weaver – USDA – April 16, 2010 President Barack Obama signed a Presidential Memorandum today establishing the America's Great Outdoors Initiative to promote and support innovative community-level efforts to conserve outdoor spaces and to reconnect Americans to the outdoors. The President spoke before leaders representing the conservation, farming, ranching, sporting, recreation, forestry, private industry, local parks and academia communities from all 53 states and territories. Full text of the memorandum can be found here: http://www.whitehouse.gov/the-press-office/presidential-memorandum-americas- great-outdoors  For full press release, go to: http://www.usda.gov/wps/portal/usda/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os_ gAC9-zwMJ8QY0MDpxBDA09nXw9DFxcXQ-cAA_1wkA5kFaGuQBXeASzbmnu 4zuBgbe5hB5AxzA0UDfzyM_zzN1W_IDs7zdFRUREAZXAypA!!/dl3/d3/L2zdJQSE vUUt3QS9ZQnZ3LzZfUDhNVlZMVDMxMEJUMTBJQ01I MURERDFDUDA!/?contentidonly=true&contentid=2010%2f04%2f0191.xml
House Passes Bill to Protect Estuaries By Mary Kerr - House Committee on Transportation & Infrastructure – April 15, 2010 The Clean Estuaries Act of 2010 (H.R. 4715) was passed in the House by a 278 - 128 vote on April 15th.  The bill, introduced by Rep. Timothy H. Bishop (D-NY), would amend the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to reauthorize the National Estuary Program.  The bill would revise the purpose of management conferences convened with respect to estuaries to expand requirements governing a comprehensive conservation and management plan by requiring such a plan to: (1) identify the estuary and its associated upstream waters to be addressed by the plan; (2) consider sustainable commercial activities in the estuary; (3) address the impacts of climate change on the estuary; (4) identify and assess impairments coming from outside of the area addressed by the plan and the sources of those impairments; (5) include performance measures and goals to track implementation of the plan; (6) monitor (and make results available to the public regarding) water quality conditions in the estuary and its associated upstream waters, habitat conditions that relate to the ecological health and water quality conditions of the estuary, and the effectiveness of actions taken pursuant to the plan; and (7) provide information and educational activities on the estuary's ecological health and water quality conditions.  The bill is co-sponsored by Rep. Frank A. LoBiondo (R- NJ).  To read the bill: http://transportation.house.gov/News/PRArticle.aspx?NewsID=1170
Secretary Salazar Announces Nearly $66 Million in Grants to Conserve Habitat of Threatened and Endangered Species Contact Valerie Fellows – FWS News Release – April 12, 2010 Secretary of the Interior Ken Salazar today announced nearly $66 million in grants to enable 25 states to work with private landowners, conservation organizations and other partners to protect and conserve the habitat of threatened and endangered species. The grants, awarded through the Cooperative Endangered Species Conservation Fund, will benefit numerous species ranging from the desert tortoise to the Indiana bat.  “They provide the means for states to develop the long-term partnerships with landowners and communities necessary to conserve habitat and foster stewardship that will bring species back from the threat of extinction.” For full press release, go to: http://www.fws.gov/news/NewsReleases/showNews.cfm?newsId=F3308BB5-CCCD-B41D-773EBD49DE13B6FC
USDA Announces Water Conservation Project Assistance USDA – NRCS – April 5, 2010 Natural Resources Conservation Service (NRCS) Chief Dave White today announced the availability of $61.2 million in financial assistance funding for Agricultural Water Enhancement Program (AWEP) projects. This funding will help producers conserve surface and ground water and improve water quality on agricultural land. "Working with our partners we will see more water conservation on working lands and more opportunities to improve water quality,” said White. AWEP projects are implemented by NRCS entering into partnership agreements with eligible entities. NRCS works with these partners to help landowners plan and implement conservation practices in project areas established through the agreements. For full press release, go to: http://www.mt.nrcs.usda.gov/news/releases/AWEPapril2010.html
EPA Issues Comprehensive Guidance to Protect Appalachian Communities from Harmful Environmental Impacts of Mountain Top Mining EPA - April 1, 2010 The U.S. Environmental Protection Agency (EPA) today announced a set of actions to further clarify and strengthen environmental permitting requirements for Appalachian mountaintop removal and other surface coal mining projects, in coordination with federal and state regulatory agencies. Using the best available science and following the law, the comprehensive guidance sets clear benchmarks for preventing significant and irreversible damage to Appalachian watersheds at risk from mining activity. To read full press release, go to: http://www.aswm.org/mtm.pdf
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News March 2010
Blog: Senate Committees Get Update On Chesapeake Bay TMDL Progress By David Hess - PA Environment Digest Daily Blog – March 17, 2010 Members of the Senate Agriculture and Rural Affairs and Environmental Resources and Energy Committees today held an informational meeting on efforts by the U.S. Environmental Protection Agency to develop a federal court-ordered Total Maximum Daily Load (TMDL) Plan for the entire Chesapeake Bay Watershed. In Pennsylvania, the Chesapeake Bay Watershed includes two-thirds of the state. John Capacasa, Director of EPA's Water Protection Division, and Robert Koroncai, Chesapeake Bay TMDL Manager provided an overview of the TMDL planning process which has EPA completing a draft TMDL for public comment by August, followed by public input meetings on the plan through October and a final plan by December of this year. For full blog post, go to: http://paenvironmentdaily.blogspot.com/2010/03/senate-committees-get-update-on.html
Secretary Vilsack Announces Details and Objectives Of USDA's Office of Environmental Markets USDA News Release – March 10, 2010 Agriculture Secretary Tom Vilsack today announced new details about the functions and objectives of USDA's Office of Environmental Markets (OEM). OEM, now part of USDA's Natural Resources and Environment mission area, will work to carry out USDA's climate and rural revitalization goals by supporting the development of emerging markets for carbon, water quality, wetlands and biodiversity. "Environmental markets leverage private investments that result in cleaner air, improved water quality, restored wetlands, and enhanced wildlife habitat," said Vilsack. "These markets have the potential to become a new economic driver for rural America, exactly what we need to support a bold, creative future for America's farmers, ranchers and rural communities." For full news release, go to: http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB/.cmd/ad/.ar/sa.retrievecontent/. c/6_2_1UH/.ce/7_2_5JM/.p/5_2_4TQ/.d/3/_th/J_2_9D/_s.7_0_A/7_0_1OB?PC_7_2_5J M_contentid=2010%2F03%2F0115.xml&PC_7_2_5JM_parentnav=LATEST_RELEASE S&PC_7_2_5JM_navid=NEWS_RELEASE#7_2_5JM
White House lays out plans for Gulf Coast renewal WWLTV News - March 5, 2010 The Obama administration has laid out a strategy to deal with the catastrophic dangers of rising sea levels, hurricanes and erosion on the Gulf Coast, and on Thursday backed efforts to invest in restoring barrier islands and wetlands in Mississippi and Louisiana. Experts hailed the document as the strongest sign of support for coastal restoration on the Gulf Coast ever endorsed by a White House. The document, called a "roadmap" for the coast, says the nation's energy supply, crucial ports and waterways, vital habitat for fish and wildlife and the Gulf Coast's "rich cultural legacy" were at stake. At risk, the paper said, was "not only the economies of Louisiana and Mississippi, but also the economy of the nation as a whole." http://www.wwltv.com/news/local/86430157.html
Council on Environmental Quality Draft Principles and Standards Sections of the ‘‘Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies’’; Initiation of Revision and Request for Comments  - date extended   Federal Registry Notice – March 4, 2010  This notice extends the comment period on a notice published in the Federal Register on December 9, 2009 (74 FR 65102). The original date that the comment period would end was March 5, 2010. That date will now be extended until April 5, 2010. For full notice, go to: http://edocket.access.gpo.gov/2010/pdf/2010-4501.pdf
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Links
Federal Agency Links of Interest
U.S. Environmental Protection Agency
Office of Water Office of Wetlands, Oceans and Watershed Wetlands Division Regional Wetland Offices
	Region 1 New England Biological Assessment of Wetlands Work Group Region 2 Office of Water Region 3 Water Protection Division Region 4 Wetlands Section Region 5 Water Division Region 6 Marine & Wetlands Section Region 7 Water, Wetlands, and Pesticides Region 8 Water Programs Region 9 Water Programs Region 10 Office of Water Issues
EPA Wetland Research Programs
	Research & Development Research Programs
EPA Alumni Association The Association is open to anybody who served as an employee of EPA for a year or more. It is free (donation supported) and is intended as a way for alums to network and stay in touch at: www.epaalumni.org
U.S. Army Corps of Engineers
Civil Works Wetland Regulatory Program Division and District Offices
	Corps Regulatory District Offices Corps Division and Districts Offices
Institute for Water Resources Engineer Research and Development Center (ERDC) Waterways Experiment Center
	Civil Programs - Wetlands Wetlands Research and Technology Center
U.S. Fish and Wildlife Service
Proposed Wetland Mapping Standard Division of Habitat and Resource Conservation National Wetland Inventory Service Wetland Programs Partners for Wildlife National Wildlife Refuges U.S. Fish and Wildlife Service Office Directory
U.S. Geological Survey
USGS Biological Resources USGS Water Resources of the United States National Wetlands Research Center USGS The National Map Geo-spatial One Stop
USDA Natural Resources Conservation Service
NRCS National Conservation Programs Centers and Institutes States and Regions NRCS Wetland Team Wetlands Reserve Program Wetland Conservation Provisions (Swampbuster) Contact NRCS
National Oceanic and Atmospheric Administration (NOAA)
Office of Habitat Conservation: Habitat Protection Division NOAA Restoration Center Coasts Coastal Zone Management State and Territory Coastal Management Program Summaries National Weather Service
National Mitigation Action Plan Federal Highways Administration Wetland Page
Mitigation Banking IRT Resources http://www.conservationfund.org/irt_mitigation_training
Other Links of Interest
Great Lakes-Northern Forest Cooperative Ecosystem Studies – University of Minnesota The Great Lakes-Northern Forest Cooperative Ecosystem Studies Unit (GLNF-CESU) is a network of faculty and staff from 24 leading academic programs, specialists from 8 organizations, and resource managers from 7 federal land management and natural resource research organizations. The GLNF-CESU biogeographic region includes all or parts of 12 states, over 30 percent of the nation's total population, several of the nation's largest metropolitan areas, and some of the nations most significant water resources and forest lands. All units transcend political and institutional boundaries and strive to improve the scientific base for managing public lands by providing resource managers with high-quality scientific research, technical assistance, and education. The GLNF-CESU seeks to resolve resource problems at multiple scales using interdisciplinary ecosystem studies involving the biological, physical, social, and cultural sciences. This web site is dedicated to enhancing communication with and among our partners. http://www.cesu.umn.edu/

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