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NEWS OF INTEREST

 
Revisions to the Clean Water Act Regulatory Definition of ``Discharge of Dredged Material''; Final Rule
 

EPA News Release – December 30, 2008
The U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) (together, the ``Agencies'') are promulgating a final rule to amend a Clean Water Act (CWA) section 404 regulation that defines the term ``discharge of dredged material.'' This action conforms the Corps' and EPA's regulations to a court order invalidating the January 17, 2001, amendments to the regulatory definition (referred to as the ``Tulloch II'' rule). This final rule responds to the court decision by deleting language from the regulation that was invalidated. For a link to the Federal Register document, dated December 30, 2008, go to: http://www.epa.gov/fedrgstr/EPA-WATER/2008/December/Day-30/w30984.htm

 
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John Rapanos Agrees To Pay For Clean Water Act Violations

 

Washington, D.C. - Dec. 29, 2008
John A. Rapanos and related defendants have agreed to pay a civil penalty and recreate approximately 100 acres of wetlands and buffer areas to resolve violations of the Clean Water Act at three sites in Midland and Bay counties, Michigan, the Justice Department and U.S. Environmental Protection Agency announced recently. Rapanos has agreed to pay a $150,000 civil penalty and will spend an estimated $750,000 to mitigate for 54 acres of wetlands that were filled without authorization under the Clean Water Act. Rapanos has also agreed to preserve an additional 134 acres of wetlands that were unaffected by the unauthorized activity. Under the agreement, the preservation of these areas will be enforced via a conservation easement held by the State of Michigan. The proposed consent decree, lodged in the U.S. District Court in Detroit, is subject to a 30-day comment period and final court approval. A copy of the proposed consent decree is available on the Justice Department Web site at www.usdoj.gov/enrd/Consent_Decrees.html.  Full press release: http://www.usdoj.gov/opa/pr/2008/December/08-enrd-1152.html
 
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DraftRecommendations for a National Wetlands and Climate Change Initiative” Available for Comment
 

ASWM has posted the draft “Recommendations for a National Wetlands and Climate Change Initiative based on Wetlands 2008: Wetlands and Global Climate Change, held on September 16-18, 2008 in Portland, Oregon. The Association would appreciate receiving  comments by December 8, 2008 by e-mail to Jon Kusler at aswm@aswm.org. ASWM is recommending that federal agencies and Congress create a cooperative Nationa l Wetlands and Climate Change Initiative with the states, tribes, local governments, and the private sector. It would build upon existing coordination mechanisms. Please see: http://www.aswm.org/calendar/wetlands2008/ recommendations_2008
_112008.htm
.
For a printable version, please see: http://www.aswm.org/calendar/wetlands2008/
recommendations_2008_112008.pdf
.


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newslink


FUTURE ASWM WORKSHOPS AND SYMPOSIUM

 
See ASWM Schedule of Activities for other meetings.

 
Wetland 2008: Wetlands and Global Climate Change

[Recommendations for a National Wetlands and Climate Change Initiative
posted 11/24/08]

[
PowerPoint Presentations Posted]


[Wrap-up]


Our Special Thanks to Speakers, Sponsors, Volunteers and Participants for a Successful Conference


On behalf of the Association of State Wetland Managers, the Pacific Northwest Chapter of the Society of Wetland Scientists, the Oregon Department of State Lands and all our sponsors and cooperating parties, I want to thank you for making Wetlands 2008; Wetlands and Climate Change a success.  We’re still adding up the numbers but I’m guessing attendance was around 400.  Many attendees approached me during the conference to tell me how much they enjoyed the conference and how much they had learned.  Over and over people said that they have rarely attended a conference where ALL the presentations where of such high caliber.  This is only possible because so many people contributed their time, knowledge and expertise.

We will be posting PowerPoint presentations in PDF format for most of the presentations in the next week or two.  We will send a note out to conference participants when we have them up and put a note up on www.aswm.org

Once again, Thank You!


Jeanne Christie
Executive Director
Association of State Wetland Managers
 
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See Archived ASWM Schedule of Activities.

LEGAL ISSUES

ASWM Rapanos/Carabell Website

The ASWM Rapanos/Carabell website contains extensive information on the Rapanos/Carabell Supreme Court case and associated federal guidance as well as related information on Clean Water Act jurisdiction issues.
 
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U.S. seeks clarity on Rapanos ruling

 

By DennistonScotus
The U.S. government, arguing that the lower courts have fallen into confusion and disagreement over federal power to protect wetlands, has urged the Supreme Court to make clear what it meant in the “highly fractured” ruling two years ago in Rapanos v. U.S. (04-1034) — a significant decision on the scope of the Clean Water Act. The Justice Department filed an appeal Thursday on that issue in U.S. v. McWane, Inc., et al. (docket 08-223). For full blog entry, go to: http://www.scotusblog.com/wp/us-seeks-clarity-on-rapanos-ruling/  

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Federal Register Notice: EPA and Army Corps of Engineers Guidance Regarding Clean Water Act Jurisdiction after Rapanos
 
w U.S. Environmental Protection Agency Clean Water Act Definition of "Waters of the United States"
w U.S. Army Corps of Engineers Regulatory Program CwW Guidance
 
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"Significant Nexus" Clean Water Act Jurisdiction Decision Paper
 
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)


Please click here or the link above to view the December
edition of Wetland Breaking News. Or see links below.
 
w EDITOR'S NOTE w RESOURCES AND PUBLICATIONS
w EDITOR'S CHOICE [or see below]
w POTPOURRI
w NATIONAL NEWS
w JOB OPENINGS
w LEGISLATIVE NEWS
w STUDENT JOBS
w STATE NEWS  w MEETINGS AND TRAINING
 
Editors Choice

Deterioration of the Nation’s Clean Water Act Enforcement Program


Committee on Oversight and Government Reform Press Release – December 16, 2008
Oversight and Government Reform Committee Chairman Henry A. Waxman and Transportation and Infrastructure Committee Chairman James L. Oberstar wrote to President-elect Obama regarding their investigation into the drastic deterioration of the Clean Water Act enforcement program. “One of the legacies of the Bush Administration is its failure to protect the safety and health of the nation’s waters,” said Chairman Waxman. “Our investigation reveals that the clean water program has been decimated as hundreds of enforcement cases have been dropped, downgraded, delayed, or never brought in the first place. We need to work with the new Administration to restore the effectiveness and integrity to this vital program.” For full press release, go to: http://oversight.house.gov/story.asp?ID=2292
For the letter from Henry Waxman and James Oberstar to President-Elect Obama, go to: http://oversight.house.gov/documents/20081216114005.pdf
For the memo re: Decline of Clean Water Act Enforcement Program, go to: http://oversight.house.gov/documents/20081216113810.pdf
For a related press release by NWF, go to:
http://www.nwf.org/news/story.cfm?pageId=40F4AE51%
2D5056%2DA868%2DA017C338E5CA2546
 
Wetlands Grant Database Available Online
 
The Wetland Grant Database (WGD) houses grant data for Wetland Program Development Grants (created by EPA in 1990 under the Clean Water Act Section 104(b)(3) authority), as well as for a three-year demonstration pilot program (the "Pilot Grants"), for which a portion of the national grant appropriation could be used for program implementation. The WGD also houses grant Case Study narratives, and Model Products created by the grant program. For more information, visit: http://www.epa.gov/owow/wetlands/initiative/#financial
 
Would burying CO2 help in climate crisis?
USA Today – December 6, 2008
(Poland)
Could the world solve part of its climate crisis by simply burying the problem? Backers say carbon capture and storage could make an important contribution to cutting emissions by mid-century. The idea involves capturing carbon dioxide as power stations spew it out, then pumping it into empty gas and oil wells or aquifers, where it will remain forever. But, as delegates from some 190 countries meet in Poland to begin thrashing out a new global climate change treaty, environmentalists are divided. Some see the still-unproven and expensive technology as a distraction from renewable energy; others say it deserves a chance because dirty and cheap coal-fired power isn't about to disappear. The top U.N. climate official, Yvo de Boer, said he believes it will be "critical" for countries such as China and India to use coal as they expand their economies and fight poverty. For full story, go to: http://www.usatoday.com/weather/climate/globalwarming/2008-12-06-
poland-climate-change_N.htm
 
Revised Guidance addressing Clean Water Act jurisdiction following Rapanos decision

 

EPA News Release – December 3, 2008
On June 5, 2007, the Environmental Protection Agency (EPA) and the Department of the Army issued guidance clarifying Clean Water Act (CWA) jurisdiction following the U.S. Supreme Court’s decision in the consolidated cases Rapanos v. United States and Carabell v. United States. The agencies received 66,047 public comments on the Rapanos Guidance (65,765 form letters, 282 non-form letters), from States, environmental and conservation organizations, regulated entities, industry associations, and the general public. EPA and the Department of the Army jointly reviewed the comments and released a revised version of the guidance on December 2, 2008 in consideration of those comments and consistent with the agencies' experience implementing the guidance. The revised guidance and a set of questions and answers on the guidance are posted at: http://www.epa.gov/owow/wetlands/guidance/CWAwaters.html  Specifically three documents have been revised: For the revised Q&A, go to: http://www.epa.gov/owow/wetlands/pdf/Rapanos_%20Guidance_
QA%20120208.pdf

For the revised guidance, go to: http://www.epa.gov/owow/wetlands/pdf/CWA_Jurisdiction_
Following_Rapanos120208.pdf

For the revised comments, go to: http://www.epa.gov/owow/wetlands/pdf/Comments_Response_120208.pdf


For a related press release, Revised EPA “Guidance” Amplifies Need for Clean Water Restoration Act by National Wildlife Federation, Contact: Aileo Weinmann – December 4, 2008
“The revised Guidance clearly points to the need for Congress to clean up the legal mess and restore full protections to our Nation’s waters.” For press release, go to: http://ww.pennnet.com/display_article/347036/41/ARTCL/
none/none/1/Revised-EPA-
 
 
International Agreement on Migrating Waterbirds
 
Birding Community E-Bulletin – December 2008
An international resolution pledging to protect migratory waterbirds was agreed upon at the "Tenth Meeting of the Conference of the Contracting Parties to the Convention on Wetlands (Ramsar)." The wetlands meeting, held in Korea at the end of October and early November, was attended by 2,000 people from 165 nations. The participants agreed that different countries must co-operate to protect migratory waterbirds and their habitats. The "Ramsar Resolution on Flyways," as the new agreement was named, called for the protection of habitats such as tidal flats where birds come to winter or spend the summer, and for efforts to monitor the state of different populations. The resolution acknowledges that conserving the world's waterbirds is an international challenge and that only by working together along flyways can migratory birds be saved. "No country can act alone to protect migratory waterbirds. If we don't collaborate internationally we will push more and more migratory waterbirds to the brink of extinction," said Alison Russell-French, president of Birds Australia.
Click here for the full text of the resolution:
http://www.ramsar.org/cop10/cop10_dr22_e.htm For a link to archived issues of the Birding Community E-Bulletin, visit: http://www.refugenet.org/
birding/birding5.html
 
Wetlands Go Underground
 
By Liz Morrison – Corn & Soybean Digest – November 30, 2008
Wetlands are going underground and trapping water. Researchers at the University of Minnesota (U of M) are testing subsurface nutrient-retention basins to purify agricultural drainage water. Like surface-flow wetlands, these basins are designed to trap excess nutrients and sediment, keeping them out of streams and lakes, says Jeff Strock, a U of M soil scientist who is leading the Minnesota research. For full story, go to: http://cornandsoybeandigest.com/ag-issues/wetlands_go_
underground_1108/
 
EPA, Interior Dept. Chiefs Will Be Busy Erasing Bush's Mark
 
By Juliet Eilperin – Washington Post – November 28, 2008
Few federal agencies are expected to undergo as radical a transformation under President-elect Barack Obama as the Environmental Protection Agency and the Interior Department, which have been at the epicenter of many of the Bush administration's most intense scientific and environmental controversies. For full article, go to: http://www.washingtonpost.com/wp-dyn/content/article/2008/11/27/AR2008112702184.html?wpisrc=newsletter

Please click here to view full Wetland Breaking News
.




Migratory Bird & Wetland NewsLink - October Issue
Bimonthly International News Service
NEWS
Conservation Coalition Releases 2009 Policy Agenda [Full Article]

USDA Annouonces New Office of Ecosystem Services and Markets [Full Article]

NEW ASWM WEBPAGES

Local Land Trusts with Wetland Programs

Wetland Mapping

Floodplains

Programmatic General Permits

Wetland Assessment


Wetlands and Farm Programs

State Wetland Delineator Certification Programs

How to Hire the Right Wetlands Consultant

How to Design a Wetlands Education & Regulatory Workshop

Understanding Dredge & Fill Programs

Coastal Wetland Dieback


Wetlands & Global Climate Change

WETLAND BREAKING NEWS
December 19, 2008 Edition

MIGRATORY BIRD & WETLAND NEWSLINK
October 2008 Issue
Bimonthly International News Service

ASWM PUBLICATIONS

Draft Paper for Review and Comment:

Wetlands and Natural Hazards (8-13-07)

Draft Discussion Paper for Review and Comment: Model Ordinances for Regulating Wetlands and Riparian Habitats/Stream Buffers (5/14/07)

Protecting and Restoring Wetlands: Strengthening the Role of Land Trusts
(5/15/07)

Protecting and Restoring Wetlands: Strengthening the Role of Local Governments
(5/15/07)

Developing Performance Standards for the Mitigation and Restoration of Northern Forested Wetland (8/1/06)

Wetland Protection and Restoration Guides for Local Communities and Nonprofits (6/26/06)

Reconciling Wetlands Assessment Techniques
(4/06)

Wetland Assessment for Regulatory Purposes: Report Series


A Guide for Local Governments: Wetlands and Watershed Management (10/1/03)

ASWM PRESS RELEASE
For Immediate Release:May 31, 2007

Wetland Warrior
Windham woman wins national award for protecting wetlands


Jeanne Christie of Windham said many people don’t understand why anyone would work to protect wetlands, which can be seen as mosquito-breeding swamps, insignificant puddles or eyesores standing in the way of development. Even colleagues tried to dissuade her from entering the field. [More]

ASWM SCHEDULE OF ACTIVITIES

To participate in planning, suggest meeting topics or speakers, or find out about hosting or sponsorship opportunities, visit our workshops and symposia page!

Please click on photos below for larger view.
 
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