INDEX:

---EDITOR'S NOTE--

---EDITOR'S CHOICE---

·	NFIB Legal Foundation Scores Victory for Small Business in U.S. Court of Appeals
·	Fifth Circuit Defers to Corps on Sheet Flow to Determine Jurisdiction
·	Environmental Groups Seek to Join Fight Over Water Standards
·	Paper Available on Water's of the U.S.- CWA Definition, Court Cases, Discussion of Legal and Factual Issues Related to Determining Jurisdiction
·	FL: Wetlands Could Get Easier To Destroy
·	Public Input Session: Native American/First Nations Activities that Protect and Restore Lake Superior Basin

---NATIONAL UPDATES---

·	Judge Says Bush's Easing of Forest Plan Is Illegal
·	VA: Corps Says Parkway Would Harm Wetlands
·	Protected River Areas Cut Back - Administration Says Salmon Won't Be Harmed By Action
·	A New Section 319 Nonpoint Source Success Stories Web Site Has Been Launched
·	USDA Selects Proposals For Wetlands Reserve Enhancement Program. Nearly $4.2 Million Available for the Program in Fiscal Year 2005
·	USDA Announces WEB Soil Survey - Internet-based System Allows Users Access to Soil Survey Information

---LEGISLATIAVE NEWS---

·	Task Force Takes Aim At NEPA, Freaks Out Environmentalists
·	Minnesota, Louisiana Governors Seek Funds For Ducks, Wetlands
·	Congress Approves A Funding Increase For NAWCA
·	Environmental Red Lights, Green Lights In New Transportation Law
·	EPA Issues Final 2006 Integrated Report Guidance

---STATES NEWS---  

·	WI: Ashley Expansion Takes Step Forward
·	CA: Giacomini Wetlands Project Gets Boost
·	IL: Something Fishy about New Chicago Hotel
·	LA: Louisiana Agonizes Over the Future of Its Majestic Cypress Forests
·	EPA Cracks Down On Illegal Development of Wetlands In Western Puerto Rico
·	FL: EPA Approves Everglades Water Quality Standard
·	VA: Wetlands Could Stall Reservoir - The U.S. Wildlife Service's Intervention Could Delay Issuing the Permit to Build the Project for an Unknown Time
·	NJ: NJDEP Fines Company $555,000 for Failure to Comply With Wetlands Permit
·	NJ Company to Protect More Than 260 Acres and Pay for Wetlands Restoration
·	MI: Wetlands Deal Smells Good, Bad. Owners Want Landfill Option; Others Opposed
·	CA: Wetlands Project Serves as Model for California. A 35-Year Battle to Save Precious Habitat Succeeds
·	NH: Stricter Wetlands Standards
·	TX: Developer Honored for Wetlands Work
·	VT: Coventry Landfill Owner Seeks Wetlands Permit For Cleanup
·	MT: Wetlands Violations Prompt Corps to Halt Park Paving
·	GA: Gwinnett Requests Wetlands Mitigation Bank
·	WA: County Wetlands Bank Has First Loan
·	MI: Developers Found Guilty of Destroying Wetlands
·	NY: DEC Proposes Revised Putnam and Dutchess Wetland Maps. Revised Maps Will Offer Increased Protection of Region's Important Ecosystems
·	FL: Residents Fear for Neighborly Bears
·	NY: New Paltz Rejects More Delay on Wetlands Plan. Panel Sought Time to Make Changes
·	EPA Takes Action to Correct Wetlands Violations in San Isidro
·	TN: Tennessee Coal Road Blocked To Protest Mountaintop Removal
·	WI: Report: Wetlands Violations on Incline
·	NV: Nevada Moves toward $5 Billion Las Vegas Water Project
·	ND: Official Says Pelican Exodus Not Alarming
·	NY: New York Authorities Battle Intruding Snakehead Fish
·	MT: $100 Million Settlement Reached To Remove Century-Old Montana Dam
·	MI: K&K Construction, Inc. v. Department of Environmental Quality, 2005

---PUBLICATIONS AND RESOURCES---

·	Office of Water Launches New Watershed Discussion Board

---POTPOURRI---

·	Call for Papers for 9th National Mitigation & Conservation Banking Conference
·	Western Wetland Conference Call for Papers Deadline is Extended toSeptember 1
·	Job Opening
·	Career Opportunity - Executive Director
·	Lessons Learned From Wetland Rescue?
·	2006-2007 Wisconsin Coastal Management Program Grant Program
·	Stream and Wetland Restoration Specialist (Engineer or Environmental Scientist)
·	NOAA Community-based Restoration Program Individual Project Grants

---MEETINGS AND CONFERENCES---

For a rolling calendar of meeting, conferences, and other events visit the ASWM calendar.

EDITOR'S NOTE

Dear friends and colleagues,

We're in the homestretch! This baby and I only have a few weeks to go until his grand entrance into this world. My husband and I escaped for a weekend for our tenth anniversary, our first trip together - without my daughter - since her birth six years ago. It seemed prudent to get the trip in now before this next one comes along. How relaxing it is to have dinner in a restaurant without a child declaring every menu item "yuck" or "gross" (unless it is spaghetti, of course). We hiked some mountain trails, swam, and even splurged on a pair of massages. Now that we're rested and pampered we are ready for the blessed event. Sort of. Well, not really but then howready can one be? Anyway, I may eke out one more edition of WBN before leaving for maternity break. If not, I'll be in touch again before the New Year; meanwhile Laura Burchill and Jeanne Christie, both of ASWM, will take over research and editorial duties until my return. A decision was made recently to change the names of all USGS Districts to USGS Water Science Centers. That's a great idea, although I always wonder how much name changes cost in terms of paper supplies, web sites, etc. I suppose in the long run it is worth it if it makes the general public more aware about the services offered by USGS.

Happy Labor Day! Jennifer Brady-Connor Editor, Wetland Breaking News

Dear Readers, Many of us in the wetland community have understood that New Orleans and the sinking Louisiana coastline were particularly vulnerable to damage from a major hurricane. Like many of you, I have attended a number of conferences on wetlands held in New Orleans over the years. I've visited the white alligator in the aquarium, walked the levee along the Mississippi River in New Orleans and noted that the city was lower than the river, paddled among cypress trees in a pirogue, motored along canals past herons and unpainted cabins, and listened to people from Louisiana talk about their unique corner of the world. Concerns about the future of the Louisiana coastline have been part of many of these experiences. Nevertheless, even knowing what was possible, the scenes of destruction and loss from Louisiana and Mississippi are beyond anything I had imagined. On behalf of myself and the Association, our thoughts and prayers go out to the many, many people whose lives and livelihoods have been changed forever by the hurricane. As the recovery effort begins, there will be many more discussions about the future of Louisiana's and Mississippi's coastlines-their cities and small rural communities, the nation's energy resources, and the role of wetlands, floods, hurricanes, and many other natural resources and natural events. Sound science, interdisciplinary approaches, and dedication to serving the public interest will, I think, be vital components of these discussions. Above all strong, visionary leadership will be critical to developing successful strategies to restore and rebuild. I hope that many of you will take an interest in this important topic and participate in discovering long- term solutions. Jeanne Christie Executive Director Association of State Wetland Manager

EDITOR'S CHOICE

NFIB Legal Foundation Scores Victory for Small Business in U.S. Court of Appeals

NFIB Issues in the News 8/1/2005 WASHINGTON, D.C. - The National Federation of Independent Business Legal Foundation commends the U.S. Court of Appeals for the D.C. Circuit on its decision to enforce the Regulatory Flexibility Act of 1980 and require the District Court for the District of Columbia to hear NFIB's RFA challenge against the U.S. Army Corps of Engineers' permitting regime. The decision could have tremendous impact on federal agencies. Many agencies have insisted that their permitting activities are not regulatory and therefore exempt from the RFA, an argument the court explicitly rejected for nationwide permits issued under the Clean Water Act. The Court of Appeals reiterated that the RFA "requires an agency to evaluate the adverse economic effects" of its actions before it takes them. The Corps issued the new permitting scheme without complying with those procedures, claiming its broad permits were not regulatory. For more of the complete press release visit: http://www.nfib.com/object/IO_23951.html. See also: BNA, Inc, Aug 2, 2005 Appeals Court Reverses District Court, Allows Lawsuit over Wetlands Permits at: http://www.colliershannon.com/documents/BNA_Frulla.pdf and the court's decision is available at: http://pacer.cadc.uscourts.gov/docs/common/opinions/200507/04-5009a.pdf

Fifth Circuit Defers to Corps on Sheet Flow to Determine Jurisdiction

From Julie Sibbing, National Wildlife Federation, 8/8/05. City of Shoreacres, et al., v. Waterworth - Deferring almost entirely to the Corps of Engineers' factual determination, the Fifth Circuit Federal Court of Appeals declined to make a substantive legal ruling regarding whether" sheet flow" can constitute a hydrological connection that establishes Clean Water Act jurisdiction over wetlands and other waters. The case involved an application to dredge and fill wetlands in order to construct a cargo and cruise ship terminal in Galveston Bay. The site has approximately 146 acres of wetlands. The Corps assumed jurisdiction over 19.7 acres, finding 126.7 acres to be not jurisdictional. The City of Shoreacres, along with other municipalities and local conservation groups, argued that all of the wetlands are jurisdictional due primarily to sheet flow between the wetlands and the Bay. The Court, in rejecting Shoreacres' argument, stated that, in this instance, the question of whether the sheet flow established jurisdictional was a factual question best left to the expertise of the Corps, not a legal one for the Court to decide: "The Corps did not categorically refuse to use overland sheet flow in its analysis. Rather, it determined that in this particular setting the overland sheet flow shown was as a factual, scientific matter inadequate to establish a sufficient hydrological nexus with interstate waters. In other words, unlike in In re Needham, in which the appellant challenged the district court's construction of the Oil Pollution Act, the jurisdictional issue here may be more properly considered as a question of fact concerning "the extent, not the existence, of agency jurisdiction." The Corps generally has broad discretion to decide whether a sufficient hydrological nexus exists to bring wetlands under regulatory control*." A press release from the Pacific Legal Foundation can be found at: http://www.pacificlegal.org/view_PLFCaseDetail.asp? iID=357&iParentMediaType=16&sParentMediaTitle=Cracking+Down+On+Wetlands+Regulatory+Abuses&sTitle=City +of+Shoreacres+v%2E+Waterworth The court's decision can be found at: http://caselaw.lp.findlaw.com/data2/circs/5th/0420527p.pdf

Environmental Groups Seek to join Fight Over Water Standards

By Ben Neary, The Santa Fe New Mexican Knight Ridder/Tribune Business News,  8/18/05 - A coalition of environmental and religious groups wants to wade into a fight over New Mexico's water quality. Amigos Bravos, a Taos-based environmental group, together with other groups Wednesday asked the New Mexico Court of Appeals to allow them to intervene in a lawsuit that industrial organizations filed this June. In their lawsuit, the industrial groups challenged the right of the state's Water Quality Control Commission to set water quality standards more stringent than those set by the federal government. The full story can be found at: http://www.fortwayne.com/mld/newssentinel/news/editorial/12416951.htm.

Paper Available on Water's of the U.S.- CWA Definition, Court Cases, Discussion of legal and Factual issues Related to Determining Jurisdiction

The Association of State Wetland Managers is holding a conference on Clean  Water ct jurisdiction: Identifying "Waters of the U.S." After SWANCC. It will be held at the Albuquerque Marriott Pyramid North on October 18-19, 2005.   In preparation for this workshop a draft background paper has been prepared by Jon Kusler on "Waters of the U.S." After SWANCC. This paper is intended to promote discussion. 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. Any comments or suggestions will be welcome. The draft paper is posted at: http://www.aswm.org/calendar/legal/legalpaper.pdf. For those interested in attending the workshop: the agenda is posted at http://www.aswm.org/calendar/legal/legaloct.htm and the registration form: http://www.aswm.org/calendar/legal/regform.pdf.

FL: Wetlands Could Get Easier To Destroy

Craig Pittman, St. Petersburg Times, sent us a follow-up article to the St. Petersburg Times series that ran in May on Florida wetland policy. For the complete article visit http://www.sptimes.com/2005/07/31/State/Wetlands_could_get_ea.shtml ; if you'd like to see their previous coverage of this issue, visit http://www.sptimes.com/wetlands By CRAIG PITTMAN and MATTHEW WAITE, Published July 31, 2005, St. Petersburg Times. Florida's builders and developers have launched a behind-the-scenes campaign to make it easier to wipe out wetlands, using their political clout to get help from state legislators and members of Congress. A developers' lobbyist helped write a state bill that would make it easier to get a permit to destroy wetlands of 10 acres or smaller. When it passed, the builders persuaded 15 members of Congress to send Gov. Jeb Bush a letter urging him to sign it. He did. Since then, builders have met three times - in Washington and Florida - with top officials from the U.S. Army Corps of Engineers, the federal agency that issues permits to clear wetlands. Their aim: Get the corps to go along with the bill's goal of putting state officials, not federal ones, in charge of issuing permits for nearly half of Florida's development projects . . . " http://www.sptimes.com/2005/07/31/State/Wetlands_could_get_ea.shtml

Public Input Session: Native American/First Nations Activities that Protect and Restore Lake Superior Basin

Submitted by Lissa Radke. The Lake Superior Binational Forum will be hosting a free public input session called "The Seventh Generation: Native American Activities that Protect and Restore the Lake Superior Basin" on Saturday, September 10, 2005, from 8:30 a.m. to Noon at the Grand Portage Lodge and Casino, Grand Portage, MN. Speakers from American and Canadian tribes will talk about what they are doing to protect and restore the natural  environment, especially regarding food sources such as wild rice bed and fisheries restorations. Speakers include a representative from Grand Portage Band of Lake Superior Chippewa, Great Lakes Indian Fish and Wildlife Commission, Bad River Band of Lake Superior Chippewa, and a First Nations' representative from Ontario. In addition to learning what Tribes and First Nations are doing to protect the natural environment, the public is invited to tell the Binational Forum what Lake Superior issues are important to them and what is needed to adequately protect the lake from harm. For more information contact the US Coordinator at (715) 682-1489; lradke@northland.edu

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NATIONAL UPDATE

Judge Says Bush's Easing of Forest Plan Is Illegal

8/3/05. By Bettina Boxall, Times Staff Writer. "A federal judge has concluded that the Bush administration broke environmental laws last year when it cleared the way for more commercial logging of old-growth forests in the Pacific Northwest and Northern California. In 1994, the government adopted environmental protections and limits on timber harvesting - the Northwest Forest Plan - to halt the decline of the northern spotted owl and other wildlife that depended on large, old trees. Last year, the administration dropped part of the plan - a requirement that before logging, federal forest managers search for rare plants and animals associated with old growth, and that if the species turn up, managers alter logging plans to prevent harm to the ecosystem . . . " http://www.latimes.com/news/nationworld/nation/la-na-forest3aug03,1,1004065.story?ctrack=1&cset=true

VA: Corps Says Parkway Would Harm Wetlands

The Associated Press Jul 31, 2005. NORFOLK - "Citing environmental and practical concerns, the Army Corps of Engineers has given a thumbs-down to the proposed Southeastern Parkway and Greenbelt, a move that could sideline the long-awaited project. If completed, the $1 billion, limited-access toll road linking Virginia Beach and Chesapeake could destroy 243 acres of forested wetlands -- more than any highway project in recent state history. In a letter to state and federal transportation officials, the corps' Norfolk District questioned whether highway planners could set aside enough wetlands to offset what would be lost through construction. . . " http://www.timesdispatch.com/servlet/Satellite?pagename=RTD%2FMGArticle%z 2FRTD_BasicArticle&c=MGArticle&cid=1031784162321&path=% 21news&s=1045855934842

Protected River Areas Cut Back - Administration Says Salmon Won't Be Harmed By Action

8/13/05. By Robert McClure, Seattle Post-Intelligencer Reporter - The Bush administration on Friday scaled back protection of thousands of miles of rivers across the Northwest and California previously designated as important to protected salmon runs. The government said the new rules are more "cost-effective" and -- despite what environmentalists say -- show that the National Marine Fisheries Service is "reaffirming its commitment to salmon recovery." Among the areas losing protection as "critical habitat" are waterways on military bases and Indian-controlled lands. The same goes for three Washington timber operations with so-called habitat conservation plans -- which allow killing and harming endangered species in exchange for taking certain actions to help the ones that survive. http://seattlepi.nwsource.com/local/236475_salmon13.html

A new Section 319 Nonpoint Source Success Stories Web site Has Been Launched.

The site features projects receiving grant funds from the Clean Water Act Section 319 program that have achieved documented water quality  improvements, including the achievement of water quality standards and removal from the state's section 303(d) list of impaired waters. The new site initially includes 18 stories. An additional 10 new stories will be posted on the Web site within the next several weeks and other stories will be added over time. You can access the new site at www.epa.gov/nps/success. For more information, or to suggest another Section 319 success story, contact Stacie Craddock at 202-566-1204 or by e-mail at craddock.stacie@epa.gov.

USDA Selects Proposals For Wetlands Reserve enhancement Program. Nearly $4.2 Million Available for the Program in Fiscal Year 2005.

USDA News Release, 8/18/05. INDIANAPOLIS, Ind. - Agriculture Deputy Secretary Chuck Conner today announced that nine partnership proposals will receive nearly $4.2 million through the Wetlands Reserve Enhancement Program (WREP) to restore, enhance, protect and manage habitat for migratory birds and other wetland-dependent wildlife. http://www.usda.gov/wps/portal/! ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2005/08/0316.xml

USDA Announces WEB Soil Survey - Internet-based System Allows Users Access to Soil Survey Information

USDA News Release, 8/16/05. UNIVERSITY PARK, Pa., - Agriculture Secretary Mike Johanns today announced the launch of a USDA Web Soil Survey site that will provide secure public access to the national soils information system. This site is a simple yet powerful way to access and analyze soils data that contributes to every aspect of public and private land use and development. http://www.usda.gov/2005/08/0312.xml

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LEGISLATIVE NEWS

Task Force Takes Aim At NEPA, Freaks Out Environmentalists

Daily Grist "Hear Me Out" - "So ... what's a task force like you doing in a place like this? That's what environmentalists are wondering about a House Resources Committee group that's studying ways to "improve" the National Environmental Policy Act. Created by Rep. Richard Pombo (R-Calif.), the task force is holding monthly listening sessions across the country. Troubleis, worried watchers say, the locations and dates keep changing, and the handpicked speakers are largely pro-industry. What might this mean for NEPA, a cornerstone environmental law? Suzi Parker investigates." new in Main Dish: Hear Me Out http://www.grist.org/news/maindish/2005/08/04/parker-nepa/index.html?source=daily.

Minnesota, Louisiana Governors Seek Funds For Ducks, Wetlands

8/3/05. Dennis Anderson, Star Tribune. "Hoping to save more of the nation's fast-disappearing wetlands and restore waterfowl populations, Gov. Tim Pawlenty on Tuesday joined Louisiana Gov. Kathleen Blanco in urging the federal government to double the money it spends annually on habitat under its duck stamp program. Different as the two states are, on opposite ends of the Mississippi Flyway, Louisiana and Minnesota share a common problem: Like other states, neither has stanched its wetland losses, and their hunters report seeing ever fewer ducks. . . " http://www.startribune.com/stories/587/5540193.html

Congress Approves A Funding Increase For NAWCA

Ducks Unlimited news release, 8/2/05. WASHINGTON - "Congress recently approved $40 million in appropriations for the North American Wetlands Conservation Act (NAWCA) for the upcoming fiscal year. After remaining flat for the past three fiscal years, this is a net increase of more than $2 million from 2005, an impressive gain considering the current fiscal climate. To date, more than 2,000 partners have leveraged NAWCA dollars to conserve more than 20 million acres of wetlands and waterfowl habitat in North America . . . " http://www.ducks.org/News/NAWCAReleaseAug2005.asp

Environmental Red Lights, Green Lights In New Transportation Law

Environmental News Service, 8/1/05. WASHINGTON, DC - A $286.4 billion transportation bill was signed into law by President George W. Bush on Saturday, funding federal highways and transit programs, as well as highway safety and motor carrier safety. Environmentalists called the law a mixed bag, but applauded a provision that includes wildlife conservation in transportation planning.http://www.ens-newswire.com/ens/aug2005/2005-08-01- 07.asp

EPA Issues Final 2006 Integrated Report Guidance

NPS Information Exchange, 8/17/05. EPA has released the 2006 Integrated Report Guidance for states, territories, authorized tribes, and interstate commissions that help states prepare and submit Clean Water Act reports on their water quality. The document outlines development of biennial  Integrated Reports (IR) that support EPA's strategy for achieving a broad-scale inventory of water quality conditions. Each IR will report on the water quality standards attainment status of all waters, document the availability of data and information for each waterbody, identify certain trends in water quality conditions, and provide information to managers in setting priorities for future actions to protect and restore the health of our nation's water resources. The IR Guidance, fact sheet, and highlights are posted on EPA's Web site at: http://www.epa.gov/owow/tmdl/2006IRG . For more information contact Sarah Furtak at furtak.sarah@epa.gov or 202-566-1167.

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STATES NEWS

WI: Ashley Expansion Takes Step Forward

8/17/05. By David Krotz / Lee Newspapers. ARCADIA, Wis. - "All indications are Ashley Furniture will get its state permit to expand its Arcadia