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INDEX:

---EDITOR'S NOTE--

---EDITOR'S CHOICE---

·	Wetlands & Global Climate Change
·	State Takings Legislation Limits Environmental Regulation, Report Says
·	U.S. Army Corps of Engineers confirms non-navigable status for most of L.A. River
·	EPA Reaffirms Clean Water Act Permit Not Needed for Water Transfers
·	Excavator Agrees to Settle Wetlands Case That Went to Supreme Court Over Permit
·	New Climate Report Foresees Big Changes
·	Report Reveals U.S. Wetlands Conservation Goals Surpassed Expectations

---NATIONAL NEWS---

·	Secretary Kempthorne Announces Massive Addition to National Wildlife Refuge System
·	US Midwest Battles Flood Waters
·	Feds fine homebuilders for water pollution
·	Save Lake Michigan: CWRA

---LEGISLATIVE NEWS---

·	Boaters: Legislators Need to Act Quickly on Newly-introduced "Clean Boating Act of 2008"

---STATE NEWS---  

·	ME: Owners of Maine Vacation Parcel Face EPA Fine for Filling a Wetland
·	TN: TVA Expert: Nolichucky River Has Some Of Best Wetlands
·	KS: Wetlands supporters prepare for next battle
·	ND: N.D. duck survey paints mixed picture
·	LA: Local students to be honored for wetlands art
·	WA: County wetland rules appealed
·	NV: Wetlands add class space
·	TX: Wetlands Reserve Program Tour set June 24 in New Boston
·	MI: Wetlands a shrinking resource
·	VA: City couple nurturing ‘wild,’ ‘unpredictable’ wetlands
·	CT: Glastonbury Landowners Address Panel Over Proposed Wetland Rules
·	UT: North Park waits on wetlands status
·	AZ: Mosquito-Eating Fish Thrive in Foreclosed US Pools
·	CA: SEADIP Survey: Wetlands
·	CA: Wetlands funding effort is approved
·	AL: Saving wetlands motivating factor in passage of city moratorium
·	PA: Conservancy receives grant to improve wetland habitat
·	NY: Mosquito-control permit sparks Suffolk state battle
·	AL: City honored for wetlands bridge project
·	FL: Florida's Environment Agency Makes Do With Smaller Budget
·	LA: Audubon’s Wetland Express coming soon to a historic site near you
·	CA: Video details Peyton Slough Wetlands restoration
·	OH/MI: Historic Vote in Ohio Brings Region Closer to Protecting Great Lakes from Water Diversions
·	WI: Wisconsin Wetlands Association Announces New Wetlands Awards Program
·	KS: Kansas City Area Wildlife Refuge Receives “Tree-mendous” Gift to Restore Habitat
·	WA: Ecology submits final water-quality permit for Avista dams
·	CA: Wetlands give developer, city legal headache
·	VA: Harvesting the seeds in hopes of a sea grass revival
·	WI: State says pipeline builder damaged streams, wetlands
·	TN: Conservation fund in jeopardy

---RESOURCES AND PUBLICATIONS---

·	Virginia Water Quality Report
·	NWF’s Global Warming and the Chesapeake Bay Report

---POTPOURRI---

·	Sea Ice Melt Could Thaw Permafrost, Too
·	The New Environmentalism

---JOB OPENINGS---

·	Wildlife Habitat Restoration & Mitigation Specialist
·	Environment Scientist (wetlands)
·	Entry-Level and Senior Scientists, e.g. Senior Permitting Specialist
·	Coordinator of Watershed Education
·	Staff Scientist - Alaska and Arctic Protection (and other climate change-related positions)
·	WWF Science Position:  Ecosystem Services Mapping and Valuation

---STUDENT JOBS ---

---MEETINGS AND TRAINING---

·	Intro to Taxonomy & Pollution Ecology of Aquatic Insects
·	Northeast Wetland Restoration Institute
·	NJ Wetlands Manual Training Workshop: Regionalized Water-Budget Manual

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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, The heat has descended upon New England like an elephant onto a campstool. I spent last weekend on Mount Desert Island for my friend, Josie’s graduation from College of the Atlantic. Having lived on the island for seven years and attended school there myself, I was certainly not a “tourist.” But it was the first time I stayed in a motel rather than my own home. I ate breakfast on a little deck overlooking the boats in Southwest Harbor and then strolled along Ship’s Harbor Nature Trail. It snakes along an estuary where I always pictured myself floating in a black inner tube but never did. I sat on the rocks by the ocean and peered into a tidal pool teeming with a microcosm. Barnacles flexed their feathery barbed legs like jazz hands almost in unison like a modern dance ensemble. Seaweed sizzled in the sun. Josie and I took her parents, who were visiting from Minnesota, to the Asticou Azalea garden in Northeast Harbor, where the exotic flowers were in full bloom. We watched the gardener rake a zen pattern in the sand and I slipped a blossom into my blouse as my only souvenir. By the late afternoon we were hot. It was 88°F.  Josie’s parents stuck their feet in the water while she and I swam in Echo Lake. We kept a look out for the famed black & white birds but for once weren’t charged by loons. ASWM has a new webpage on state programmatic general permits (SPGPs), a fairly common joint permitting tool developed by state agencies and Corps districts. As a type of programmatic general permit (PGP), SPGPs are flexible and some have included the act of revoking some or all of the nationwide permits effective in those states. ASWM has highlighted a few states’ examples of SPGPs and how those permitting programs have worked in the past as well as some of what is being done to streamline the process for the public and agency staff. In addition to this, there are informational links to a wide range of SPGPs, regional general permits (RGPs) and similar programs throughout the country. For the article, State Programmatic General Permits (A Cautionary Tale to Enhance Dialogue) and webpage, go to: http://www.aswm.org/swp/pgp/index.htm Many thanks to contributors for this issue: Erin O'Brien, Wisconsin Wetlands Association; Deborah Awl, Tennessee Environmental Council; Jenna Sackie, Rutgers NJAES; David Carr, URS Corporation.

Stay cool. Leah Stetson Editor, Wetland Breaking News

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EDITOR'S CHOICE

ASWM’s Wetlands 2008: Wetlands & Global Climate Change

September 16-18, 2008 in Portland, Oregon. Field trips and workshops information is now posted on the conference website as well as online registration. Among the field trips, there will be a Columbia River estuary restoration tour, a bicycle tour of Portland, Ross Island kayaking tour, and a visit to the Tyee Winery and wetlands. Visit: http://www.aswm.org/calendar/wetlands2008/field_trips_workshops.htm  to learn more about field trips and workshops. To register, visit: http://www.aswm.org/calendar/wetlands2008/registration_2008.htm

State Takings Legislation Limits Environmental Regulation, Report Says

InsideEPA News – June 13, 2008 A recently released academic report raises broad concerns for state laws requiring compensation to landowners for regulatory actions that restrict the use or otherwise diminishes the value of their property, contending that strict state legislation often has the unintended consequence of limiting local environmental regulation. The Track Record on Takings Legislation: Lessons from Democracy’s Laboratories, charges that states with the most stringent and far-reaching laws limiting so-called regulatory takings -- particularly Florida and Oregon -- have numerous examples where environmental regulatory action was thwarted because of local governments that either cannot or will not pay the large sums of money which regulatory action requires. The study, written by John Echeverria and Thekla Hansen-Young of the Georgetown Environmental Law & Policy Institute, focuses on property rights laws in Florida and Oregon, with an eye toward requirements in Arizona, Louisiana, Mississippi and Texas, as well as a California ballot initiative that passed soon after the report was issued. California voters June 3 approved Proposition 99, a law that prohibits the California and local governments from taking private land for the use of another private owner. The rule, however, still allows eminent domain for reasons of public health and safety, as well as environmental remedy for hazardous land. The results of Florida and Oregon’s approach have a number of lessons for other states, the Georgetown study argues: takings legislation can undermine community protections; the laws benefit special interests; it creates land use conflicts; it provides financial windfalls for land owners; and the laws undermine public participation in land use decisions. For direct link to the report, go to: http://www.law.georgetown.edu/gelpi/TrackRecord.pdf  For related blog discussion, visit: http://lawoftheland.wordpress.com/2008/05/25/georgetown-center-publishes- takings-report-focusing-on-florida-and-oregon/

U.S. Army Corps of Engineers confirms non-navigable status for most of L.A. River

By Deborah Schoch -  Los Angeles Times – June 5, 2008 U.S. Army Corps of Engineers officials announced today that they are standing by their decision that most of the Los Angeles River is not navigable. The ruling sparked sharp criticism from some other regulators and conservationists who warned that it will weaken federal Clean Water Act rules protecting the river's sprawling 834-acre watershed. (For the record: This article and the headline state that the river's watershed covers 834 acres. The watershed covers 834 square miles.) They believe the ripple effect of the decision will make is easier to develop large areas of the Santa Susana, Santa Monica and San Gabriel mountains because landowners will not be required to obtain certain federal permits. Some federal and state officials fear that the decision also may undermine rules against discharging wastewater and storm water into the river's tributaries. For the full article, go to: http://www.latimes.com/news/local/valley/la-me-river5-2008jun05,0,2812420.story

EPA Reaffirms Clean Water Act Permit Not Needed for Water Transfers

EPA is publishing a final rule that clarifies water transfers are excluded from regulation under the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES) permitting program. The rule defines a water transfer as an activity that conveys or connects waters of the United States without subjecting the transferred water to intervening industrial, municipal, or commercial use. This exclusion does not apply to pollutants introduced by the water transfer activity itself to the water being transferred. "EPA's Water Transfer Rule gives communities greater certainty and makes clear they have the flexibility to protect water quality and promote the public good without going through a new federal permitting process," said Assistant Administrator for Water Benjamin H. Grumbles. "Clean water permits should focus on water pollution, not water movement. EPA is committed to working with our state, tribal, and local partners to reduce environmental impacts associated with transfers and will continue to use all appropriate tools such as standards, best management practices, and watershed plans." For additional information, including a copy of the final rule, visit the NPDES website: http://www.epa.gov/npdes/agriculture, or contact Virginia Garelick, Water Permits Division, Office of Wastewater Management at (202) 564-2316 or garelick.virginia@epa.gov.

Excavator Agrees to Settle Wetlands Case That Went to Supreme Court Over Permit

A Wisconsin developer has settled a federal lawsuit over the excavation and dredging of a wetland in a case that ultimately reached the U.S. Supreme Court, agreeing that the site is subject to Clean Water Act permitting requirements (United States v. Gerke Excavating Inc., W.D. Wis., No. 03-C-0074-C, 5/15/08). Under the settlement, announced by the Justice Department May 30, Gerke Excavating Inc. also agreed to pay a $42,500 civil fine (73 Fed. Reg. 31,146). The agreement was outlined in a proposed consent decree filed May 15 in the U.S. District Court for the Western District of Wisconsin. The U.S. Army Corps of Engineers originally sued Gerke Excavating and other parties in federal court in Wisconsin in 2003 for failing to obtain a Clean Water Act Section 404 permit before excavating and dredging a 5.8-acre tract containing wetlands. The district court found the defendants liable for unpermitted dredging and filling of wetlands (United States v. Thorson, 219 F.R.D. 623, 58 ERC 1700 (W.D. Wis. 2003); 71 DEN A-6, 4/14/04 For Notice of Settlement, visit: http://regulations.justia.com/view/112050/

New Climate Report Foresees Big Changes

By Andrew Revkin – New York Times – May 28, 2008 The rise in concentrations of carbon dioxide in the atmosphere from human activities is influencing climate patterns and vegetation across the United States and will significantly disrupt water supplies, agriculture, forestry and ecosystems for decades, a new federal report says. The changes are unfolding in ways that are likely to produce an uneven national map of harms and benefits, according to the report, released recently and posted online at climatescience.gov. For the full story, go to: http://www.nytimes.com/2008/05/28/science/earth/28climate.html?_r=3&ref=science& oref=slogin&oref=slogin&oref=slogin

Report Reveals U.S. Wetlands Conservation Goals Surpassed Expectations

On Earth Day 2004, the Council on Environmental Quality established a national wetland initiative to restore or create (by 2009), at least one million wetland acres; improve or enhance at least one million wetland acres; and protect at least one million wetland acres. On Earth Day 2008 the council reported that the goals had surpassed the 2004 projections. The current figures indicate that approximately 1,197,000 acres have been restored or created, 1,079,000 acres improved, and 1,324,000 acres have been protected. For the complete report, visit the Council on Environmental Quality website at http://www.whitehouse.gov/ceq/wetlands/2008/index.html

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NATIONAL NEWS

Secretary Kempthorne Announces Massive Addition to National Wildlife Refuge System

Contact: Joshua Winchell – USFWS News Release – June 12, 2008 As part of a suite of wetlands acquisition and conservation grant approvals, the Migratory Bird     Conservation Commission today approved $4 million to purchase more than 18,000 acres of prime prairie wetland and associated grassland habitat for the Glacial Ridge National Wildlife Refuge in northwestern Minnesota – one of the largest purchases ever using dollars  generated from Federal Duck Stamp sales and import duties on firearms and ammunition. For full story, go to: http://www.doi.gov/news/08_News_Releases/080612a.html

US Midwest Battles Flood Waters

By Kay Henderson – Reuters News Service – June 12, 2008 Dale Davis declined a friend's offer of a motel room and vowed to guard his home that had been inundated by the swollen Four Mile Creek in Des Moines, ruining his kitchen appliances. "I'm staying in my van because I still have a few valuable things left," Davis said. "I'm not going to leave my place unless the water runs me clear out." Rain fell in Des Moines, where water burst from storm sewers and flooded restaurants and a government building in the business district. Water released from a reservoir was expected to swell the Des Moines River that bisects the city. For full story, go to: http://www.planetark.com/dailynewsstory.cfm/newsid/48752/story.htm

Feds fine homebuilders for water pollution

By DINA CAPPIELLO – Washington Post – June 11, 2008 Four of the nation's largest homebuilders have agreed to pay $4.3 million in fines for failing to control runoff at construction sites in 34 states and the District of Columbia, the Environmental Protection Agency and Justice Department announced Wednesday. The four companies _ Centex Corp. of Dallas, KB Home of Los Angeles, Pulte Homes Inc. of Bloomfield Hills, Mich., and M.D.C. Holdings Inc. of Denver _ also agreed to take steps above what is required by law to keep 1.2 billion pounds of sediment out of the nation's waterways. "Dirt can pollute. The bottom line is this: Whatever ends up on the ground at a construction site can be swept into the nearest waterway," said EPA Assistant Administrator Granta Nakayama. For full article, go to: http://www.washingtonpost.com/wp-dyn/content/article/2008/06/11/AR2008061101675.html

Save Lake Michigan: CWRA

OpEd by Megan Giles – Chicago Tribune – June 11, 2008 Lake Michigan is Illinois' pride and joy. Not only that, it provides the drinking water and many recreational activities for Illinoisans. Now Lake Michigan is being threatened by developers and polluters that want to dump their toxins into the streams and wetlands that feed Lake Michigan. The Clean Water Act does not protect all of the nation's waters due to recent Bush administration policies. Now 60 percent of Illinois's remaining wetlands are not protected by the act. Many of these streams are what feed Lake Michigan, causing it to be in danger. For full OpEd, go to: http://www.chicagotribune.com/news/opinion/letters/chi-080611lakemich_briefs,0,288941.story

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LEGISLATIVE NEWS

Boaters: Legislators Need to Act Quickly on Newly-introduced "Clean Boating Act of 2008"

TCPalm.net – March 19, 2008 A newly introduced Senate bill, "The Clean Boating Act of 2008" (S. 2766) promises to be practical solution to a looming permit deadline for recreational boaters, anglers, and charter boats. Because of a lawsuit targeting ocean-going commercial vessels carrying ballast water, the U.S. Environmental Protection Agency (EPA) is required to implement an "operational discharge permit" for all vessels in the United States - including recreational boats - by September 30, 2008. Without a change in law, all boaters will need to obtain this permit, as early as this summer. However, with a possible Senate vote in the next few months, Boat Owners Association of The United States (BoatU.S.) is urging recreational boaters to quickly contact their Senate and House legislators to support The Clean Boating Act of 2008. For full story, go to: http://www.tcpalm.com/news/2008/mar/19/cleanboatingact/  For related info, go to:  http://www.boatus.com/gov/alert_0308.asp

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STATES NEWS

ME: Owners of Maine Vacation Parcel Face EPA Fine for Filling a Wetland

Contact: Paula Ballentine – EPA News Release – June 17, 2008 Robert and Gayle Greenhill, owners of more than 3,200 acres of land on the western shore of Moosehead Lake, face a possible EPA fine of up to $157,500 for filling 1.5 acres of freshwater wetlands on their property. The filling of wetlands, occurred during the expansion of an existing private airstrip and the development of a rock quarry, is a violation of the federal Clean Water Act and other federal requirements designed to protect wetlands. This is the second violation of wetlands protections in the federal Clean Water Act by the Greenhills. In 1997, the Greenhills constructed a trout pond on the property, altering approximately 0.4 of an acre without first seeking a permit from the Army Corps of Engineers, as required by the federal Clean Water Act. The Greenhills also did not apply for the necessary permit for the current violation.  For full news release, go to: http://yosemite.epa.gov/opa/admpress.nsf/0/3b0bd059c9d551e38525746b0054cc8f?OpenDocument

TN: TVA Expert: Nolichucky River Has Some Of Best Wetlands

By Tom Yancey – The Greenville Sun – June 16, 2008 The Tennessee Valley Authority (TVA) held a public "open house" meeting regarding the Nolichucky and Douglas reservoirs on Thursday, seeking comments about uses of land in this region the giant utility owns. Several TVA officials at the meeting commented on the beauty and uniqueness of the river in Greene County, based on field observations. Kim Pilarski-Brand, a wetlands biologist in TVA's Heritage Resources, canoed much of the river to prepare for the meeting. She said a section of the Nolichucky between Kinser Park and Jones Bridge Road has "some of the nicest wetlands I've seen in our seven-state region." A handful of Greene Countians traveled to Walters State Community College for the meeting, which was conducted by Chris Cooper, a TVA watershed specialist. For full story, go to: http://www.greenevillesun.com/story/295754

KS: Wetlands supporters prepare for next battle

By Sophia Maines – Lawrence Journal – June 16, 2008 In the midst of preparing their latest legal challenge, opponents of the proposed South Lawrence Trafficway wetlands route laid out their case once again Sunday. “I detect in our community a little lessening of our interest in saving our wetlands,” said Joe Collins, a Kansas University herpetologist and speaker at the event. “People don’t understand that this is not something you’re going to recover.” Collins and others involved in the long struggle to divert the proposed highway project from the Baker Wetlands were among about 40 people who gathered at the Lawrence Public Library on Sunday for a public forum on the issue. For full story, go to: http://www2.ljworld.com/news/2008/jun/16/wetlands_supporters_prepare_next_battle/?city_local

ND: N.D. duck survey paints mixed picture

By Brad Dokken – Grand Forks Herald – June 15, 2008 North Dakota’s spring survey of breeding ducks and wetland conditions turned up a surprisingly high waterfowl count, but Game and Fish Department biologists caution against reading too much into that finding. According to Mike Johnson, supervisor of migratory game bird management for Game and Fish in Bismarck, wetland counts were the 10th lowest since the department launched the spring survey in 1948. That’s an important number, Johnson said, because lack of wetlands likely will mean poor duck production. For full story, go to: http://www.grandforksherald.com/articles/index.cfm?id=79301&section=Outdoors& CFID=37811622&CFTOKEN=31971801&jsessionid=88301772c0f82d305d4c

LA: Local students to be honored for wetlands art

By Nikki Buskey - Houma Courier – June 14, 2008 Four local students will be recognized for award-winning essays, photos and artwork July 22-26 during the 2008 National Conference of State Legislatures, to be held in New Orleans. The weeklong convention will be attended by more than 2,000 state legislators from around the country. Kaitlin Rodrigue, a student at H.L. Bourgeois, won second place in the high-school competition for "Good Earth Sunset." Leah Champagne of St. Bernadette Catholic School took third place in the same category for her painting of two egrets, "Our Treasure." For full story, go to: http://www.houmatoday.com/article/20080614/ARTICLES/806140305/1211/news01&title=Local_students_to_be_ honored_for_wetlands_art

WA: County wetland rules appealed

The Whidbey Examiner – June 14, 2008 Two local environmental groups have filed appeals with the Western Washington Growth Management Hearings Board over Island County's recently adopted wetlands ordinance. Whidbey Environmental Action Network filed an appeal May 20, and Camano Action for a Rural Environment, or CARE, filed an appeal the following day. The Island County Board of Commissioners adopted the wetland rules March 17 as part of a larger effort to update all of the county's critical-areas ordinances. For  full story, go to: http://www.whidbeyexaminer.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=1469&TM=43789.79

NV: Wetlands add class space

By Rebecca Babicz – Reno Gazette-Journal – June 14th, 2008 The sweet smell of plants permeates the air at Swan Lake Nature Study area, which could be Reno's best-kept nature secret. Its wetlands are home to more than 150 species of birds. And a new improvement to the center opened Thursday: an outdoor classroom. This starting point for visitors includes a shaded structure with seating for about 50 students. Interpretive signs explain why Swan Lake is important by providing information about the area's wildlife and ecology. The center is focused on children and encourages them to embrace open space. For full story, go to: http://www.rgj.com/apps/pbcs.dll/article?AID=/20080614/NEIGHBORHOODS02/806140334/1247/NEIGHBORHOODS

TX: Wetlands Reserve Program Tour set June 24 in New Boston

By East Texas Timberland Owner's Association – June 14, 2008 Wetlands Reserve Program Tour:  The East Texas Timberland Owner's Association will conduct a tour of "Last Frontier" Wetlands Reserve Program (WRP) 1,950 acre site on Tuesday June 24, 2008.  The tour group will meet in the South parking lot of the Bowie County Courthouse, 710 James Bowie Drive, in New Boston at 9:30 a.m. on Tuesday June 24, 2008 and carpool to the reserve site.  Texas Forest Service will have a van for those that want to leave their vehicle at the courthouse.  The tour will be looking at hardwood trees planted over the last four years, and wildlife habitat at a WRP site on the South side of the Red River and just NW of New Boston in Bowie County. For full story, go to: http://www.ntxe-news.com/artman/publish/article_46655.shtml

MI: Wetlands a shrinking resource

By Janet Martineau – The Saginaw News – June 14, 2008 Wetlands. What are they, and who or what lives in them? Those questions are the topic of a live animal show starting at 7 p.m. Wednesday at the Green Point Environmental Learning Center, 3010 Maple in Saginaw. ''Valuable Wetlands'' is presented by the Michigan United Conservation Club and addresses the issue that Michigan has lost more than 70 percent of its wetlands that are of value and importance to both wildlife and humans. Among the live animals often playing a role in the hourlong presentation are the Eastern fox snake, wood duck, mink, snapper turtle and red-shouldered hawk. The program is a part of the ''Nurturing Nature'' series sponsored by the Friends of the Shiawassee National Wildlife Refuge and the Saginaw Celebrates Summer event created by the Saginaw Arts & Enrichment Commission and Hemlock Semiconductor Corp. Admission costs $2 at the door, $5 for families. For full story, go to: http://www.mlive.com/entertainment/saginawnews/index.ssf?/base/entertainment-1/121342081750360.xml&coll=9

VA: City couple nurturing ‘wild,’ ‘unpredictable’ wetlands

By Eric Beidel - The Winchester Star – June 14, 2008 Only a nature lover could give a playful name to the stealthy copperhead snake that sunk its fangs into his leg. David Worthington keeps an eye out for "Coppy" now whenever he goes into the wetlands outside his Cedarmeade Avenue home. In an otherwise normal-looking neighborhood, the ground sinks next to the house Worthington shares with his wife, Dr. Julie Staggers. The Black-Eyed Susans and daisies grow tall, and rainwater collects at the bottom. A fence surrounds the less than one-acre plot that Worthington has made into a