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April 17, 2007

---EDITOR'S CHOICE---

· LA: Wetlands Program Dead in the Water
·

NM: Mitigation Dollars Proposed for EQIP-Like Playa Program in NM

· Supreme Court Decision in Massachusetts et al vs. EPA on Clean Air Act issue
· Drugs Are in the Water. Does It Matter?
·

NV: EPA to Administer CWA Programs on Tribal Lands

·

Calling All Wetland Specialists - Seeking Information on Growing Season

---NATIONAL NEWS---

·

Clean Water Act Case: United States v. Cundiff, 2007 WL 957346 (W.D. Ky. March 29, 2007)

·  

Clean Water Act Case: United States v. Fabian, 2007 WL 1035078 (N. D. Ind. Mar. 29, 2007)

· 

Environmental Protection Agency v. Defenders of Wildlife (06-549)

· 

Warming Could Spark N. American Water Scramble – UN Expert Says

·  

2007 National Wetlands Awards -- Honoring Leaders in Wetland Conservation

---LEGISLATIVE NEWS---

·

House Passes Three Water Bills and Reauthorizes Water Resources Development Act

---STATE NEWS---  

·

PA: A Plan to Curb Farm-to-Watershed Pollution of Chesapeake Bay

·

MD: Md. to Review Enforcement in Environmental Cases

· CT: Court Rules Against Farmer on Wetlands
· NE: Commission, RMBO Study Southwest Wetlands
·

VA: EPA Approves Funding for Virginia’s Water Quality Improvements

·

FL: Wetlands, Mining Rules Draw Ire

·

NJ: Environmentalists Attempt to Stop Plan to Store Dredge Spoils on Valuable Wetlands

·

FL: Wetlands Bill May Draw Crist Veto

· MT: ‘An Excellent Plan’ -- Averills Propose Expansion of Whitefish Lodge
· CO: City to Improve Wetlands at SkyRidge
· MD: Ban on Hydraulic Clam Dredging Heads for Passage
· PA: Endangered Turtles Living on Aqua PA Site
· MA: Commission Rejects Map of Wetlands
· CA: Ducks Unlimited Gets Federal Grant to Enhance Salton Sea Wetlands

---RESOURCES AND PUBLICATIONS---

· 

USGS Report on Streamflow & Nutrient Delivery from Mississippi River Basin

·

Biological Wastewater Treatment Report

· New Identification Tool for Trillium

---POTPOURRI---

· 

Fungus Eyed as Stopper of Ash-Killing Beetle

·  

New North American Shorebird Numbers  

·  

Nominations Sought for a Committee to Address the Wildlife Impacts of Wind Turbines


---JOB OPENINGS---

· 

Agricultural Economist

·  

Marine Scientist position at the Virginia Institute of Marine Science

·   EPA Summer Internship in Wetlands
·   Director of Conservation Science -- PRBO Conservation Science (added 4/19/07)
·   Restoration Marketplace (added 4/23/07)

---STUDENT JOBS ---

---MEETINGS AND TRAINING---

· 

New York State Wetlands Forum to hold 2007 Annual Conference

·  

Long Island Sound Study’s Watershed and Buffers Municipal Assistance Conference

·  

Michigan Workshop on Algal Bloom

·  

Fluvial Geomorphology Short Course

·   Wetland Identification & Delineation Training Course
·  

Charleston WV MS4 Stormwater Workshop: May 21-22, 2007

·  

50th Annual IAGLR Conference “50 Years of Great Lakes Research”

·  

Wetland Law and Policy Course

·   ASWM’s Western State Workshop: Strengthening the Roles of Land Trusts and Local Gov’ts
·  

Association of State Floodplain Managers Annual Conference

·  

AWRA Emerging Contaminants Conference

·  

Eastern Regional Wetland Restoration Institute

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

EDITOR'S NOTE

Dear Friends and Colleagues,

Migratory waterfowl, songbirds and even the local fauna are desperately seeking spring in the northeast this week as cold temperatures persist.  According to the news, even the lobsters are reluctant to emerge from their burrows on the ocean floor.  Last week spring momentarily psyched us out with a day of warm sunshine but that was quickly followed by a storm that dropped eighteen inches of snow in the mountains.  This week started with a true New England Nor’easter—more snow in the mountains, heavy rain, high winds and flooding along the coast.   

And the slow spring is not confined to the Northeast. Jeanne Christie and I had expected to see more in bloom when we visited West Virginia for ASWM’s Winter Meeting at the end of March but only red cardinals and red bud flashed hints of spring color.  Wetland program managers from thirty-five states and tribes, as well as several federal agencies, attended ASWM’s winter meeting, which addressed numerous topics—permit process problems, wetland mapping and climate change among them. ASWM has prepared a new webpage on wetlands and global climate change, which will can be found under the Wetland Science section on our website and also at: http://www.aswm.org/science/climate_change/climate_change.htm#top

Also, ASWM staff have added a list of student jobs and internships on just the web version of Wetland Breaking News for those seeking entry-level or internship positions with wetland programs and research projects.


Special thanks to this month’s contributors: Ralph Tiner, U.S. Fish & Wildlife Service; Tom Biebighauser, Wetland and Stream Center for Excellence; Denise Lewis, New York State Wetlands Forum.

Leah Stetson
Editor, Wetland Breaking News

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EDITOR'S CHOICE

LA: Wetlands Program Dead in the Water


By Jason Stuart – The Bastrop Daily Enterprise – April 6, 2007
A once burgeoning conservation program is on the verge of dying out in Louisiana. Changes in the way land is appraised in the Wetlands Reserve Program (WRP) have led to a reduction in the number of acres enrolled not only in Louisiana, but all the states in the Delta region. Louisiana has the highest number of acres of any state in the program -- 230,000 -- and was averaging an enrollment rate of 12-14,000 acres per year. But last year, after the appraisal process changed -- resulting in a drastic reduction in the price paid per acre -- only one 280 acre tract in Louisiana was enrolled. "I know the new appraisal process has really hurt us," said Johnny Cross, Louisiana's WRP biologist. "With the new appraisal system, people just aren't accepting the appraisals." For full story, visit: http://bastrop.townnews.com:80/articles/2007/04/07/news/news3.txt

 
NM: Mitigation Dollars Proposed for EQIP-Like Playa Program in NM


Playa Lakes Joint Venture – Playa Post – April 2007
New Mexico partners are tapping into an innovative source to fund traditional conservation programs. Partners are advocating for a playa protection program in Curry County which would use $459,000 in Superfund site mitigation money to start an EQIP-like program to pay private landowners to enroll playas in 10 to 30-year conservation easements. If successful, this may be a new funding model for PLJV partners in other states. The Nature Conservancy of New Mexico, Natural Resources Conservation Service, Curry County Soil and Water Conservation District, U.S. Fish and Wildlife Service (USFWS), New Mexico Department of Game and Fish and staff from the Playa Lakes Joint Venture have been hard at work for the past few years conceiving the program and urging the USFWS and New Mexico Office of Natural Resources Trustee – the agencies in charge of deciding how mitigation funds are used in the state - to select the playa program from the two options currently under consideration. For full story, go to: http://www.pljv.org/cms/latest-news#Story2

 
Supreme Court Decision in Massachusetts et al vs. EPA on Clean Air Act


PEW Center on Global Climate Change  -- April 3, 2007
On April 2, 2007 the Supreme Court released its ruling in the case of the state of Massachusetts vs. the Environmental Protection Agency.  Massachusetts and eleven other states, along with several local governments and non-governmental organizations (petitioners), sued the EPA for not regulating the emissions of four greenhouse gases, including carbon dioxide (CO2), from the transportation sector.  The petitioners claimed that human-influenced global climate change was causing adverse effects, such as sea-level rise, to the state of Massachusetts.  In a 5-4 decision, the court ruled in favor of Massachusetts et al, finding that EPA has the authority to regulate CO2 and other greenhouse gases. For a link to the PEW Center on Global Climate Change and the rest of this issue’s summary, visit: http://www.pewclimate.org/epavsma.cfm  The Community Rights Counsel has a new blog on global climate change and the courts at http://www.warminglaw.com


Drugs Are in the Water. Does It Matter?


By Cornelia Dean – New York Times – April 3, 2007
Residues of birth control pills, antidepressants, painkillers, shampoos and a host of other compounds are finding their way into the nation’s waterways, and they have public health and environmental officials in a regulatory quandary. The pharmaceutical and personal care products, or P.P.C.Ps, are being flushed into the nation’s rivers from sewage treatment plants or leaching into groundwater from septic systems. According to the Environmental Protection Agency, researchers have found these substances, called “emerging contaminants,” almost everywhere they have looked for them. For full article, visit: http://www.nytimes.com/2007/04/03/science/earth/03water.html?ex=1333252800&en=5db77527dd2e6777&ei=5124&partner=permalink&exprod=permalink

 

NV: EPA to Administer CWA Programs on Tribal Lands


By Maggie Witt – EPA Press Release – February 8, 2007
The U.S. Environmental Protection Agency recently announced its approval of an application by the Pyramid Lake Paiute Tribe, located outside Reno, Nev., to administer federal Clean Water Act programs on tribal lands.  The announcement was made at the Regional Tribal Operations Committee meeting in San Francisco last week.  The Pyramid Lake Paiute Tribe is the 39th tribe out of 563 federally recognized tribes nationwide and the first tribe in Nevada with federally delegated authority from the U.S. EPA to administer water quality standards and a certification program. "We at EPA celebrate this important achievement with the Pyramid Lake Paiute Tribe, which has a very long history of protecting its water resources." Said Alexis Strauss, the EPA’s Water Division director for the Pacific Southwest region. "We will continue to work together with tribes in the Pacific Southwest to strengthen public health and environmental protection programs."  For the full release, visit: http://yosemite.epa.gov/opa/admpress.nsf/fdeef3661eb3b846852572a00065683e/e0f950312af8e5498525727c0064377c!OpenDocument  For more information about the EPA’s Tribal Water Program for the Pacific Southwest region, visit: http://www.epa.gov/region09/water/tribal/
 
Calling All Wetland Specialists - Seeking Information on Growing Season
 

Wetland ecologist Ralph Tiner (U.S. Fish and Wildlife Service) is compiling observations on start and finish of the “growing season” from across the country and your participation is invited.  Growing season is used in wetland delineation to indicate the time of year when inundation and soil saturation have a critical effect on plants. 

Visible signs of the beginning of the growing season include bud break, greening up of vegetation (e.g., leaf or shoot emergence, leaf-out, and greening of evergreen leaves that were reddish in winter like cranberry, leatherleaf, and dewberries), first bloom, and opening of catkins.  Signs of the end of the growing season include leaf drop in the fall and herbaceous plant die-back due to killing frost.  Some plants flower (e.g., witch hazel asters, and goldenrods) or produce spores (e.g., clubmosses) in late fall and these observations are also requested.  Observations for both wetland and upland plants are wanted. 

To participate please send your observations to: Ralph_Tiner@fws.gov.  Please put “Growing Season Observations for _______ (specify area)” in the email subject block and for each observation, list the species, the observed feature, the observation date, general habitat (wetland or upland type), and site location (town, county, state).  Your name and affiliation would also be appreciated for acknowledgment of contributors.  This is planned as a multi-year investigation, so for regions where the growing season is year-round or has already commenced, fall observations would be welcomed this year and observations of both spring and fall reported for future years.  Thanks to all who are willing to help!

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NATIONAL NEWS

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

 
Warming Could Spark N. American Water Scramble – UN Expert Says


By Timothy Gardner – Planet Ark – April 13, 2007
Climate change could diminish North American water supplies and trigger disputes between the United States and Canada over water reserves already stressed by industry and agriculture, UN experts said on Wednesday. More heat waves like those that killed more than 100 people in the United States in 2006, storms like the killer hurricanes that struck the Gulf of Mexico in 2005 and wildfires are likely in North America as temperatures rise, according to a new report that provided regional details on a UN climate panel study on global warming issued in Brussels on April 6. Severe weather already costs North America tens of billions of dollars annually in productivity and damaged property, and those costs are expected to rise, the UN report said. For full article, go to: http://www.planetark.com:80/dailynewsstory.cfm/newsid/41367/story.htm

 
2007 National Wetlands Awards -- Honoring Leaders in Wetland Conservation


May 9, 2007, Washington, D.C. Please join the Environmental Law Institute to honor the 2007 National Wetlands Awards recipients. Co-sponsored by Environmental Law Institute, the U.S. Environmental Protection Agency, Federal Highway Administration, U.S. Fish and Wildlife Service, USDA Forest Service, USDA Natural Resources Conservation Service, NOAA Fisheries, and U.S. Army Corps of Engineers, the Awards Program recognizes individuals who have shown extraordinary commitment to wetland conservation and restoration. Wednesday, May 9, 2007 from 6:00-8:00 pm at the Rachel Carson Great Hall, Ariel Rios North Building, 3rd Floor, 1200 Pennsylvania Avenue, Washington, D.C. Please RSVP to ELI by May 4, 2007, acceptances only, by providing your name, affiliation, and phone number to wetlandsawards@eli.org or (202) 939-3842. For more information about the National Wetlands Awards Program, please visit:  www.nationalwetlandsawards.org. For a list of the Awardees, go to: http://www.nationalwetlandsawards.org/awardees.htm

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LEGISLATIVE NEWS

House Passes Three Water Bills and Reauthorizes Water Resources Development Act


Natural Resources Defense Council’s Legislative Watch – March 19, 2007 & March 29, 2007
During the week of 3/5, the House passed three bills aimed primarily at upgrading the nation's aging wastewater treatment infrastructure. The largest of the three, H.R. 720, would authorize $14 billion over four years for the Clean Water State Revolving Fund, a federal low-interest wastewater loan program. The bill, introduced by Rep. Oberstar (D-MN), seeks to make up
for funding shortfalls in the Bush administration's fiscal 2008 budget request for water programs. The measure passed 303-108. The House also passed H.R. 569, the "Water Quality Investment Act of 2007." This bill would address the problem of sewer overflows by authorizing $1.8 billion in grants over five years. Sponsored by Rep. Pascrell (D-NJ), the measure seeks to help cities address severe funding shortfalls for upgrading aging sewer systems that carry sanitary waste and stormwater runoff to treatment plants through the same pipes. The bill, which passed by a vote of 367-58, now heads to the Senate, where companion legislation has been introduced by Sen. Snowe (R-ME) and Sen. Lautenberg (D-NJ). The third bill, H.R. 700, would revive an Environmental Protection Agency pilot program that funds projects intended to provide new drinking water sources for communities. The "Healthy Communities Water Supply Act," sponsored by Rep. McNerney (D-CA), would approve $125 million for the program. The bill passed by a margin of 368-59. Senate plans to take up these water bills remain unclear. President Bush has threatened to veto all three bills, citing the cost as "unrealistic in the current fiscal environment."


On 3/29, the Senate Environment and Public Works Committee approved a long overdue bill (H.R. 1495) to reauthorize the Water Resources Development Act. The act was due to be reauthorized in 2002 but has been held up by political wrangling over funding and discontent with the Army Corps of Engineers, whose water projects the bill funds. The version of the bill approved by the committee is virtually unchanged from a bill that cleared the Senate last year and would cost about $13.2 billion through 2022. The bill would authorize more than 200 projects to deal with flood control, inland navigation and shoreline protection. It also attempts to establish an independent peer review process for all Army Corps projects costing more than $40 million. Senate Majority Leader Reid (D-NV) has indicated that the bill is one of his priorities, but has given no timeframe for an eventual vote.  For a link to the NRDC’s Legislative Watch, go to: http://www.nrdc.org/legislation/legwatch.asp

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STATES NEWS

PA: A Plan to Curb Farm-to-Watershed Pollution of Chesapeake Bay


By FELICITY BARRINGER – New York Times – April 13, 2007
Andy Young’s dairy cows produce a lot of milk. They also produce a lot of manure. How much manure ends up in a nearby creek — and ultimately Chesapeake Bay — is the question at the center of an unusual effort to reinvigorate the bay’s declining grasses, crabs, fish and oysters.
The dairy farms here in Lancaster County, among the top milk-producing counties in the nation, send more manure into the waterways that drain into Chesapeake Bay than any other part of the bay’s 64,000-square-mile watershed. Now the state of Pennsylvania is trying to get farmers like Mr. Young to reduce the damaging runoff by letting them apply for pollution credits that can be sold to developers needing to build sewage treatment plants. For full story, go to: http://www.nytimes.com/2007/04/13/us/13bay.html?_r=1&ref=us&oref=slogin

 
MD: Md. to Review Enforcement in Environmental Cases

By Tom Pelton – Baltimore Sun – April 13, 2007
Maryland's environment agency is reviewing hundreds of past wetlands and pollution complaints after discovering that officials waited nearly a year to make an Eastern Shore businessman correct a wetlands violation. "We are really focusing on enforcement because it's a core part of our mission," said Environmental Secretary Shari T. Wilson, who was appointed in January by Gov. Martin O'Malley. Wilson said she ordered the review of all pending enforcement cases after a citizen complained last week that her agency had failed to force action to fix a problem in Caroline County. For full article, visit: http://www.baltimoresun.com:80/news/local/bal-md.wetlands13apr13,0,5960443.story?coll=bal-pe-maryland
 
CT: Court rules against farmer on wetlands


By Andrew Brophy – The Connecticut Post – April 10, 2007
No one ever said a farmer's life is easy. There's fickle weather, backbreaking work, financial worries and, in developer Sal DiNardo's case, skeptical neighbors and a Bridgeport Superior Court judge. DiNardo's filling and draining of wetlands on Redding Road, which he claimed he was allowed to do without a permit because he was creating a farm in the exclusive neighborhood, was done in violation of town regulations, Bridgeport Superior Court Judge Richard Gilardi ruled this week. "It's been a tough struggle," Noel Newman, an assistant town attorney, said of the town's attempt to get DiNardo to stop work in wetlands on his 18 acres at 1159 Redding Road. "This thing has been kicking around since the summer of 2003." DiNardo, who owns commercial property around the region, claimed he was allowed to fill wetlands without a permit from the town's Inland Wetlands Agency because his farm work is, under state law, exempt from the agency's regulations. But the town contended DiNardo needs a permit regardless of whether he was creating a farm. For full story, visit: http://www.connpost.com/localnews/ci_5637850

 
NE: Commission, RMBO Study Southwest Wetlands


Southwest Nebraska News – April 9, 2007
A study of playa wetlands following rains in southwest Nebraska and the southern Panhandle is being conducted by the Rocky Mountain Bird Observatory (RMBO) in cooperation with the Nebraska Game and Parks Commission (NGPC). As many as 15,000 playas are estimated to exist in the Southwest Playa Wetland Complex, hosting thousands of migrating waterfowl and shorebirds each spring and fall. Playas are shallow, seasonal, generally round clay-lined wetlands that fill periodically from rainfall and runoff-dry cycles of playas support invertebrates and annual plants and crops that produce nutritious seeds essential for migrating ducks, geese, and other wildlife. Playas also are considered the primary source of recharge for the Ogallala Aquifer. They also help minimize flooding and improve water quality. “Playas are a wetland type in Nebraska that we know very little about,” said Ted LaGrange, the Commission’s wetland program manager. “This study will inform us about the wildlife that use these wetlands, how the wetlands function, and how to design and deliver conservation programs to meet the needs of wildlife and the landowners.” For full article, go to: http://www.swnebr.net:80/newspaper/cgi-bin/articles/articlearchiver.pl?160167

 
VA: EPA Approves Funding for Virginia’s Water Quality Improvements


EPA’s Envirobytes News – April 6, 2007
EPA has approved Virginia's 2007 Clean Water State Revolving Fund (CWSRF) program, which includes 20 projects to be financed with funds totaling $324.4 million. Twelve of these projects are for nutrient removal to improve the Chesapeake Bay, four to address sanitary and combined sewer overflows, two to construct new collection systems in communities with failing septic systems, and two to correct infiltration problems from aging infrastructure. Congress created the CWSRF program to fund long-term projects to protect and restore the nation's waters. For more on the Clean Water State Revolving Fund, go to: http://www.epa.gov/owm/cwfinance/cwsrf/ For a link to the EPA Envirobyte webpage, visit: http://www.epa.gov/region03/ebytes/ebytes04_06_07.html

 
FL: Wetlands, Mining Rules Draw Ire

By DUANE MARSTELLER – Bradenton Herald – April 6, 2007
The meeting was scheduled to focus on specific land-use items, but Manatee County commissioners found several outside issues to talk about Thursday. Commissioners agreed to formally oppose legislative proposals that could limit local regulations on wetlands and rock mining. The board also discussed asking the Florida Department of Transportation to reduce the speed limit on U.S. 301 in Parrish. They also approved a 29-lot residential subdivision in northwest Bradenton but postponed nine other development-related agenda items, including a proposed ordinance regulating phosphate mining. But it was threats to the county's wetlands and rock mining regulations that had commissioners planning to fire off letters to Gov. Charlie Crist and state lawmakers. For full story, go to: http://www.bradenton.com:80/mld/bradenton/17035262.htm
 
NJ: Environmentalists Attempt to Stop Plan to Store Dredge Spoils on Valuable Wetlands

By HARTRIONO B. SASTROWARDOYO – Asbury Park Press – April 6, 2007
A Princeton law firm has been retained by a local environmental group opposed to a state plan to store dredge spoils from Westecunk Creek on land adjacent to the Edwin B. Forsythe National Wildlife Refuge. "What they (the state) want to do is completely fill that wetlands with 12 feet of sludge in the most valuable piece of real estate, right on the bay," Stuart J. Lieberman said Thursday.  Lieberman, of Lieberman and Blecher, is the spokesman for the Edwin B. Forsythe Wildlife Refuge Residents Association. The group is "completely" in support of the dredging project, but against using nearly 26 acres toward the bay end of Dock Road as a place to store dredge spoils, material removed from the bottom of the creek, he said. For full story, visit: http://www.app.com:80/apps/pbcs.dll/article?AID=/20070406/NEWS02/704060430/1070
 
FL: Wetlands Bill May Draw Crist Veto

By Mike Salinero – Tampa Tribune – April 3, 2007
Gov. Charlie Crist said Monday he probably will veto any legislation that restricts how Florida counties protect their wetlands. A bill moving through the state House would make it harder for counties to have wetlands rules that are more protective than the state's. Lobbyists for the development industry pushed similar legislation last year, but it never came to a vote. Crist, speaking during a public television interview in Tampa, said he hoped the bill would not pass in its current form, forcing him to veto it. Calling himself a conservationist in the image of former President Theodore Roosevelt, Crist said it is important that Floridians "be good stewards of our land and our water and our rivers." For full article, go to: http://www.tbo.com:80/news/metro/MGBW8CMP10F.html For an Editorial on this topic, go to: http://www.sptimes.com:80/2007/04/03/Opinion/Bill_puts_wetlands_pr.shtml
 
MT: ‘An Excellent Plan’ -- Averills Propose Expansion of Whitefish Lodge

By Jennifer DeMonte – The Daily Inter Lake (Northwest MT) – April 3, 2007
A new development proposed for the former Boardwalk property across from The Lodge at Whitefish Lake has the blessing of a wetlands preservation group. Dan Averill and sons Sean and Brian, partners in The Lodge at Whitefish Lake, have purchased 37 acres of the controversial Boardwalk property off Wisconsin Avenue. They intend to seek city approval for a project they say will provide additional capacity for the lodge and preserve sensitive wetlands. The Averills will give 30 acres to the Whitefish Lake Institute for a conservation preserve and study area. Part of the remaining acreage will be combined with adjoining property, providing one acre on which the Averills plan to build 25 to 30 more hotel rooms. They also will develop 5.8 acres to sell 17 single-family lots in a separate subdivision — called Viking Creek — on the south side of the property. In addition, the Averills have pledged $110,000 toward wetlands restoration. For full article, visit: http://www.dailyinterlake.com:80/articles/2007/04/03/news/news01.txt
 
CO: City to improve Wetlands at SkyRidge

The city of Durango will begin modifying and enhancing wetlands near the entrance to SkyRidge subdivision. The new wetlands will help mitigate the loss of wetlands associated with the Goeglein Gulch Road improvements. Work is expected to begin this month and will continue through June, said Kinsey Holton, environmental engineer for the city who also is the project manager. Improvements include a meandering stream through the city-owned open space near the entrance to SkyRidge. The stream will provide areas for wetland vegetation. For full story, visit: http://durangoherald.com:80/asp-bin/article_generation.asp?article_type=news&article_path=/news/07/news07