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
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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News April 2008
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
Environmental Defense Fund, American Rivers Back EPA Decision to Stop Construction of Yazoo Pumps Contact: Sharyn Stein – Environmental Defense Fund News Release – April 17, 2008 Environmental Defense Fund (EDF) and American Rivers experts testified in favor of blocking the Yazoo Backwater Area Project at a public hearing tonight, with EDF’s expert calling the planned pumping station “bad for fish and wildlife, bad for water quality, and a poor use of taxpayer dollars.” Brian Jackson, part of EDF’s Land, Water and Wildlife program staff, and Melissa Samet, Senior Director of Water Resources for American Rivers, joined scientists, environmental activists, and Mississippi residents in opposing the plan. Another 14,000 EDF members have written letters to the Environmental Protection Agency (EPA), Department of Interior, and the Army Corps of Engineers strongly opposing the Yazoo Pumps project, and 28,000 people signed an EDF petition on the subject. For full article, go to: http://www.edf.org/pressrelease.cfm?contentID=7814  For background information, visit: http://epa.gov/owow/wetlands/404c/notice.html
Senators push for bill to protect water quality By Eric Niiler – Vermont Public Radio (VPR) – April 11, 2008 Vermont's senators are pushing for a bill that they say will ensure federal protection for water quality and biodiversity around Lake Champlain. Eric Niiler has the story. (Niiler) The bill is being debated in the Senate Environment Committee. It is designed to reverse two Supreme Court rulings that define the Clean Water Act as protecting only "navigable" waterways. That covers streams that flow year-round and their nearby wetlands. A federal study shows that about 17 percent of Vermont's wetlands are now left out of federal safeguards. For full story, go to: http://www.vpr.net/news_detail/80098/
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 Introduced to Conserve Rapidly Disappearing Migratory Birds Contact: Steve Holmer – American Bird Conservancy – April 14, 2008 Representatives Ron Kind (D-WI) and Wayne Gilchrest (R-MD) have introduced legislation to fund efforts to help protect migratory birds.  The act, H.R. 5756, reauthorizes the existing Neotropical Migratory Bird Conservation Act (NMBCA), but at significantly higher levels, to meet the growing needs of our migrants, many of which are in rapid decline. For full press release, go to: http://www.abcbirds.org/newsandreports/releases/080414.html
Snowe and Feinstein Want EPA to Release Finding That Greenhouse Gas Emissions Are Public Health Threat Free Press Online – April 2008 In the face of EPA’s failure to comply with the Supreme Court’s mandate in Massachusetts v. EPA, issued one year ago, U.S. Senators Olympia Snowe (R-Maine) and Dianne Feinstein (D-Calif.) introduced legislation last week to set a deadline for EPA to complete an endangerment finding on the public health threat from greenhouse gas emissions. The bill would require action within 60 days of enactment. For full story, go to: http://www.freepressonline.com/features.cfm
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
News March 2008
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 February 15, 2008
EPA Says No to the Yazoo Pumps By Melissa Samet – American Rivers News Release – February 4, 2008 For only the 12th time in its entire history, the Environmental Protection Agency (EPA) has begun the veto process to kill an environmentally devastating project. For the past 67 years, the Army Corps of Engineers has been trying to convince America to waste more than 200 million dollars, to drain more than 300 square miles of wetlands in Northwestern Mississippi. Such an area is equal to the size of New York City, including all 5 boroughs. For full news release, go to: http://www.americanrivers.org/site/News2?page=NewsArticle&id=11305&news_iv_ctrl=-1 For a link to the EPA 404 (c) on Veto Authority, go to: http://www.epa.gov/404c/
NOAA Requests Comments on Draft Sea Level Rise Report The National Oceanic and Atmospheric Administration is seeking comments on the draft report, U.S. Climate Change Science Program Synthesis and Assessment Product 4.1: Coastal elevation and sensitivity to sea level rise (73, Federal Register, p.10005, February 25).  The report analyzes information from the ongoing mapping efforts by federal and non-federal researchers related to the implications of rising sea level. The report will also develop a plan for sea level rise research to answer the questions that are most urgent for near-term decision-making. The deadline for comments is April 10, 2008.  For more information, visit http://www.climatescience.gov/Library/sap/sap4-1/public-review-draft/
Groups Sue to Block Alaska Oil Drilling Plan By Chris Baltimore --Reuters News Service -- February 4, 2008 The US Interior Department plans to lease about 30 million acres of land in the Chukchi Sea -- home to about 10 percent of the world's polar bear population -- on Feb. 6. Environmental groups including the National Audubon Society, Natural Resources Defense Council and Earthjustice filed suit in a federal court along with Alaska native groups to stop the lease sale -- which the federal government has put on a fast track for action. The Chukchi Sea is one of the few "frontier areas" where new oil and natural gas deposits can be found in North America, and could hold 15 billion barrels of oil, according to the Minerals Management Service, which oversees oil and gas leasing for the Interior Department. [...] This is the first time global warming has been a factor in arguing for "threatened" status for any species in the United States , and that makes the decision more complex. For full article, visit: http://www.planetark.com/dailynewsstory.cfm/newsid/46747/story.htm
President's Fiscal Year 2009 Budget Request to Include Funding for Water Programs WaterHeadlines -- EPA Office of Water -- February 4, 2008 The President's Fiscal Year 2009 budget request including for EPA's National Water Program was announced on February 4, 2008. EPA's request for water programs is over $ 2.5 billion or 35 percent of the agency's overall budget, and will allow EPA, along with our state, tribal and local partners, to make continued progress in ensuring America's waters are clean, safe and secure. This budget will help EPA to: - restore and maintain waters across the country through state and tribal Clean Water Act programs, - continue to improve the health of the country's major coastal ecosystems, and achieve a net increase of wetlands - increase the populations served by systems providing water that complies with drinking water standards, and - implement a total of five water security infrastructure pilots. For more information on the budget request: http://www.epa.gov/ocfo/budget/index.htm
News January 16, 2008
Southeast Alaska Conservation Council v. Army Corps of Engineers, 486 F.3d 638 (9th Cir. 2007) Aarcher Institute News Release – January 2008 In this important mining Clean Water Act case, the Ninth Circuit held that the Corps of Engineers violated the Clean Water Act by issuing a permit under Section 404 to a mining company which would permit slurry discharge into federal waters. The Ninth Circuit reversed the district court's granting of a motion for summary judgment in favor of the defendants and held that the more specific sections 301 and 306 of the Clean Water Act applied. For a direct link to this case, go to: http://www.aarcherinstitute.com/docs/seacc-v-corps-of-engineers-ninth-circuit-2007.pdf
Congress Passes Massive Appropriations Bill with Cuts to Clean Water State Revolving Fund Natural Resources Defense Council’s Legislative Watch – January 11, 2008 On 12/19, Congress passed a massive $474.6 billion omnibus appropriations bill (H.R. 2764) that includes nearly $30 billion to subsidize industries such as those involved with nuclear energy and the production of liquid fuels from coal, even though "liquid coal" emits about twice the amount of global warming pollution compared to gasoline. The bill also contains drastic cuts to the Clean Water State Revolving Fund. On the positive side, the bill includes increases for national wildlife refuges, the National Park Service, Forest Service road decommissioning and the Diesel Emissions Reduction Act. Environmental groups nevertheless opposed the bill because these positive elements were outweighed by the short-sighted investment of billions of dollars in the polluting nuclear and coal energy industries. For a link to NRDC’s Legislative Watch, go to: http://www.nrdc.org/legislation/legwatch.asp
News December 21, 2007
Addendum to New England District Compensatory Mitigation Guidance Issued by Corps Contact: Ruth Ladd – New England District, U.S. Army Corps of Engineers – December 18, 2008 The Council on Environmental Quality (CEQ) has defined mitigation in its regulations at 40 CFR 1508.20 to include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time, and compensating for impacts. For the full public notice, go to: http://www.nae.usace.army.mil/reg/2602_001.pdf
Banking on Loss By Craig Pittman – American Planning Association Magazine – December 2007 About 15 minutes outside the Central Florida town of Clermont is a rolling hillside covered with wildflowers. The sandy hill, full of stunted oaks, rises to about 140 feet above sea level, which means it's about as dry as land in Florida can get. But as far as the government is concerned it's a muddy swamp. Welcome to the Lake Louisa Wetland Mitigation Bank, part of a billion-dollar industry that for more than a decade has been making it easier to replace the nation's dwindling supply of wetlands with new homes, stores, and highways. Instead of making up for the damage to wetlands themselves, builders can write a check to a mitigation banker, buying "wetland credits" that are supposed to equal what's been lost. For full article, visit: http://www.aswm.org/wbn/banking_on_a_loss_planning_dec_07_pittman.pdf  (This has been made accessible with permission from the author and APA’s editor.) For a link to American Planning Association, visit: http://www.planning.org/
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News November 21, 2007
Mitigation of Impacts to Fish and Wildlife Habitat: Estimating Costs and Identifying Opportunities New Report Available from the Environmental Law Institute (ELI). Every year, human activities cause significant harm to fish and wildlife habitat and the environment.  Many of the impacts to these natural resources are never addressed.  In certain cases, however, federal, state, and local laws and programs can require monetary or in-kind compensation for these impacts.  A new report from the Environmental Law Institute (ELI) estimates that private and public expenditures for such compensation under key federal programs total up to $3.8 billion annually. The report also highlights potential opportunities to use the fifty State Wildlife Action Plans to help direct these compensatory mitigation funds in a manner that could support state, regional, or local conservation objectives; and, in so doing, to help conserve fish and wildlife species and biodiversity nationwide and over the long term.  You may follow this link to view and download the report: http://www.elistore.org/reports_detail.asp?ID=11248. For more information, please contact Jay Austin at (202) 558-3103, or austin@eli.org
National Estuaries Program Celebrates 20th Anniversary and Wetland Successes National Estuaries Celebrates 20th Anniversary Thanks to EPA's National Estuary Program (NEP), more than 1 million acres of critical habitat has been sustained or restored--- that's a figure that is just shy of the total area of the state of Rhode Island. The NEP, which includes 28 estuaries across the country, was developed 20 years ago to protect and restore these national resources. Stories of success and on-the-ground environmental results are evident from coast-to-coast. These examples help tell the story:  Indian River Lagoon Estuary in Palm Bay, Fla., has rehabilitated 34,943 acres of wetlands; the Charlotte Harbor NEP restored 700 acres of Florida habitat by eliminating exotic plant species. It also founded the Babcock Preservation Partnership to save 91,361 acres from development;  81,000 students have learned about stormwater management through the Lower Columbia River Estuary Partnership's Schoolyard Stormwater Project; the Massachusetts Bays program has restored 13 shellfish beds; the Barnegat Bay Program in New Jersey has saved more than 32,000 acres of critical habitat; Coastal Bend Bays Estuary in Corpus Christi, Texas, secured $6 million to protect more than 1,000 acres of wetlands; and the Narragansett Bay Estuary Program's dissolved oxygen surveys which documented hypoxia and anoxia in that estuary were a catalyst for Rhode Island to legislate a 50 percent reduction in nutrients from treatment plants discharging to the Narragansett Bay. The NEP was authorized under the 1987 Amendments to the Clean Water Act to improve estuarine waters, habitats and living resources by working with partners and the public. More information about the NEP: http://www.epa.gov/owow/estuaries/
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News October 26, 2007
House Vote on 1872 Mining Law Reform Set for Halloween: HR 2262 Expected to Pass; Face Hurdles in the Senate This Wednesday, October, 31st, the U.S. House of Representatives will vote on a major rewrite of the 1872 Mining Law. Championed by House Natural Resources Committee Chairman Nick Rahall, H.R. 2262, would help clean up western waters contaminated by tens of thousands of abandoned mines, ensure that new mines do not become perpetual water polluters, and give federal land managers and local elected officials more say in balancing mining with other important public land values, such as for drinking water, wildlife habitat, and places to hunt, fish, hike and camp. For more information, visit: http://www.earthworksaction.org/us_program.cfm
U.S. Ramsar Wetlands Small Grants Program Application Deadline: November 30, 2007 - Awards up to $10,000 For a link to the grant guidance, go to: http://www.aswm.org/grant/ramsar_grant_guidance.pdf For a link to the grant application, go to: http://www.aswm.org/grant/ramsar_grant_application.pdf Please check back for more information.
National Wetlands Awards Program Welcomes Nominees for 2008 The deadline for submitting nominations is January 15, 2008. For information or to submit a nomination, please visit www.nationalwetlandsawards.org or contact: National Wetlands Awards, 2000 L St. NW, Suite 620, Washington DC, 20036; Phone: (202) 939-3862; Email: wetlandsawards@eli.org
35th Anniversary of the Clean Water Act is Thursday October 18
On the 35th Anniversary of the Clean Water Act there is an opportunity to reflect on the progress made and the challenges ahead. CWA 35th Anniversary:  The Clean Water Act: An Effective Means to Achieve a Limited End by G. Tracy Mehan past Assistant Administration U.S. EPA Office of Water. For a direct link, visit: http://www.wef.org/ScienceTechnologyResources/Publications/WET/07Oct/Oct07CWA35th.htm As the Clean Water Act Nears 35th Anniversary, Polluters Continue to Contaminate America’s Waterways:  Report from U.S. PIRG (Public Interest Research Groups) http://www.uspirg.org/news-releases/our-rivers-lakes-and-streams/our-rivers-lakes-and-streams/as-the-clean-water-act-nears-35th-anniversary-polluters-continue-to-contaminate-americas-waterways
Clean Water Act Threatened By Rachel Dawson – Ducks Unlimited – October 18, 2007 Waterfowl and other wildlife have enjoyed habitat protection under the Clean Water Act for more than three decades.  October 18th marks the Act’s 35th Anniversary, but celebration will be tempered.  Recent Supreme Court rulings have stripped much of the Act’s capacity to protect our nation’s wetlands.  Coinciding with the anniversary, both the House of Representatives and the Senate are debating ways to restore the Clean Water Act. “Because of the success of the Clean Water Act, the rate of wetland loss in the United States has slowed.  Wetlands aren’t important only to breeding and wintering habitat for ducks and geese; they recharge ground water, offer recreational opportunities, provide flood protection, and help filter pollution,” said Ducks Unlimited’s Executive Vice-President Don Young.  “Federal protection of these areas is critical.” For full article, visit: http://www.ducks.org/news/1404/CleanWaterActthreate.html
Bush's EPA Is Pursuing Fewer Polluters By John Solomon and Juliet Eilperin – Washington Post – September 30, 2007 The Environmental Protection Agency's pursuit of criminal cases against polluters has dropped off sharply during the Bush administration, with the number of prosecutions, new investigations and total convictions all down by more than a third, according to Justice Department and EPA data. The number of civil lawsuits filed against defendants who refuse to settle environmental cases was down nearly 70 percent between fiscal years 2002 and 2006, compared with a four-year period in the late 1990s, according to those same statistics.  For full story, go to: http://www.washingtonpost.com/wp-dyn/content/article/2007/09/29/AR2007092901759.html
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News September 29, 2007
Fate of Increased Bay Funding in Farm Bill in Senate's Hands
Chesapeake Bay Journal – September 2007 The Senate this fall will consider whether its version of the Farm Bill should contain the sharp increases in Chesapeake Bay cleanup funding that were approved by the House in July. The House bill includes $212.5 million over five years in conservation funding specifically directed toward curbing nutrient and sediment pollution from farms in the Chesapeake region. In addition, it boosts spending for other nationwide conservation programs, which could bring tens of millions of additional funds to the region annually. The total value to the Bay over the five-year period covered by the bill could be about $500 million, supporters say. "This landmark effort represents a major new chapter in the Chesapeake Bay cleanup effort," said Rep. Chris Van Hollen, D-MD, who earlier had introduced alternative legislation aimed at boosting support for Bay efforts. Parts of that were incorporated in the final bill. "I will continue to work with my colleagues to ensure that this legislation passes the Congress and is signed into law so that we can provide critical funds to the farmers in the Chesapeake Bay region to support their conservation efforts and help clean up the Bay," Van Hollen said. For full article, visit: http://www.bayjournal.com/article.cfm?article=3156
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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
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

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