December 2009

2010 Federal Agency Enforcement Budgets Suggest Coming Increase in Regulatory Enforcement By John Irving, Christopher Myers – Holland & Knight – December 18, 2009 On December 17, 2009, President Obama signed the FY 2010 Consolidated Appropriations Act, which includes the coming year's budget for the Department of Justice, the FBI, the SEC and other enforcement agencies. The new appropriations follow the EPA's budget, which the President signed in October. The agencies' budget justifications and appropriation levels provide insight into their enforcement priorities and increased capabilities. The information strongly suggests that companies prepare for significantly increased federal government enforcement efforts. For full article, go to: http://www.hklaw.com/id24660/PublicationId2814/ReturnId31/contentid54588

Corps: Missouri River Authorized Purposes Study – Public Meetings in 2009 & 2010 The U.S. Army Corps of Engineers is holding a series of meetings for the Missouri River Authorized Purposes Study (MRAPS) – the first comprehensive look at the authorized uses of the Missouri River since the 1944 Flood Control Act. The goal of the study is to determine if changes are needed in the eight authorized uses of the river: flood control, hydropower, water supply, irrigation, navigation, recreation, water quality, and fish and wildlife.  For public meeting dates and more information about this study, visit: http://www.mraps.org/

House delays EPA reach into wetlands By Amanda DeBar – Washington Times – December 15, 2009 Plans to rush through the House of Representatives legislation that would expand the scope of the Clean Water Act, the main tool for keeping the nation's waters clean, have proved to be too ambitious. Rep. James L. Oberstar, chairman of the House Transportation and Infrastructure Committee, last week shelved his goal of introducing and passing his water legislation before Congress goes on vacation Friday. The Minnesota Democrat instead will introduce his legislation, called the Clean Water Restoration Act, next year. For full story, http://www.washingtontimes.com/news/2009/dec/15/house-bill-extends-epa-reach-into-wetlands/

Blog: Can Congress keep America storm resistant? By David Conrad and Eli Lehrer – The Congress Blog – December 9, 2009 2009’s North Atlantic Hurricane season has thankfully just come to a close without a major U.S. disaster.  Consider the facts: no truly large storms made landfall in the United States, and, for the first year in at least a decade, not a single American family lost its home to hurricane damage.  While most early season forecasts called for between 4 and 7 significant named storms, only three ever formed in the Atlantic.  But the almost storm-free conditions won’t last.  Nearly all meteorologists agree that we are now in a decades-long period of heavy hurricane activity.  Many scientists also think that global climate change will increase the severity of storms, amplify storm surge as sea level rises, and possibly increase the overall number of storms forming on average each year.  In short, nobody should believe that a single placid season should be a reason to celebrate. For full blog, go to: http://thehill.com/blogs/congress-blog/energy-a-environment/71389-can-congress-keep-america-storm-resistant

November 2009

EPA Gets Serious about Chesapeake Bay Cleanup By PJ Reilly – Lancaster Online – November 24, 2009 In 1950, 8 million people lived in the Chesapeake Bay Watershed. Today, 17 million people live there, with 130,000 new residents moving in each year. According to Bob Koroncai of the U.S. Environmental Protection Agency, each and every one of those residents is responsible for nearly choking the life out of North America's largest estuary. "If you eat, you are part of the problem," Koroncai said. "If you flush a toilet, drive a car or fertilize your lawn, you are contributing to the problem." Breathing life back into the Chesapeake, Koroncai said, is a task for the people who live in the watershed. For full story, go to: http://articles.lancasteronline.com/local/4/245420 For a related story, see “Farm Bureau to Protest Chesapeake Bay Legislation” at: http://www.rockbridgeweekly.com/rw_article.php?ndx=15970

Katrina ruling could bring new deluge of lawsuits By Cain Burdeau – Washington Post – November 19, 2009 A landmark court ruling blaming the Army Corps of Engineers' "monumental negligence" for some of the worst flooding from Hurricane Katrina could lead to a new deluge: billions of dollars in legal action from thousands of storm victims. The federal judge's harshly worded decision also served as vindication for residents of St. Bernard Parish and the Lower 9th Ward in New Orleans who have long argued that Katrina was largely a man-made disaster, caused by the federal government's failure to maintain the levees protecting the city. For full article, go to: http://www.washingtonpost.com/wp-dyn/content/article/2009/11/19/AR2009111900270.html

Enviros Disappointed in Federal Chesapeake Bay Strategy ENN – November 13, 2009 The Obama administration says "expanded action and increased accountability by the federal government" are the focus of a draft strategy for restoring and protecting the Chesapeake Bay as required by President Barack Obama's Executive Order issued in May The U.S. Environmental Protection Agency will set pollution limits for nitrogen, phosphorus and sediment entering the bay and require area governments to meet goals every two years. U.S. EPA Administrator Lisa Jackson said, "This is the broadest and most publicly accountable cleanup effort ever seen on the Chesapeake Bay and its watershed. It's time for a new era of decisive federal leadership, and new partnerships with state government, nonprofits, the private sector and residents who have all been working to create a cleaner Bay." http://www.ens-newswire.com/ens/nov2009/2009-11-13-092.asp

Five Star Restoration Program Offers Wetland Funding Opportunities A new funding opportunity exists for the Five Star/NRT Restoration Program. Applications are due via Easygrants (www.nfwf.org/easygrants) by Thursday, February 11, 2010. The Five Star Restoration Program seeks to develop community capacity to sustain local natural resources for future generations by providing modest financial assistance to diverse local partnerships for wetland, riparian, and coastal habitat restoration. The National Fish and Wildlife Foundation (NFWF), National Association of Counties (NACo), Wildlife Habitat Council (WHC), in cooperation with the U.S. Environ-mental Protection Agency (EPA), Southern Company, and Pacific Gas and Electric Company (PG&E), are pleased to solicit applications for the 2010 Five Star Restoration Pro-gram and Nature Restoration Trust (www.nfwf.org/nrt). The 2010 RFP and proposal narrative are available for viewing on our website at www.nfwf.org/fivestar

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October 2009

Congress OKs $50M for Bay restoration By Ben Giles – Washington Examiner – October 30, 2009 Efforts to restore the Chesapeake Bay are now only a signature away from receiving their largest ever federal contribution. Congress approved a record $50 million for Bay restoration Thursday, far exceeding President Obama's request for federal assistance for the effort. The new funding will be a $19 million increase from last year's federal contribution, a small part of the new appropriations bill that passed House and Senate votes. The Department of the Interior will use the funding to "support additional regulatory and accountability programs to control urban, suburban and agricultural runoff in the watershed," according to language in the appropriations bill. For full story, go to: http://www.washingtonexaminer.com/local/Congress-OKs-_50M-for-Bay- restoration-8456910-67348797.html

U.S. Fish and Wildlife Service Proposes Polar Bear Critical Habitat Contact Valerie Fellows – USFWS News Release – October 22, 2009 The U.S. Fish and Wildlife Service today announced a proposal to designate critical habitat for the polar bear, and will open a 60-day public comment period on the measure. The critical habitat proposal identifies habitat in three separate areas or units: barrier island habitat, sea ice habitat and terrestrial denning habitat. “This Administration is fully committed to the protection and recovery of the polar bear,” said Interior Assistant Secretary for Fish, Wildlife and Parks Tom Strickland. “Proposing critical habitat for this iconic species is one step in the right direction to help this species stave off extinction, recognizing that the greatest threat to the polar bear is the melting of Arctic sea ice caused by climate change. As we move forward with a comprehensive energy and climate strategy, we will continue to work to protect the polar bear and its fragile environment.”  For more information, go to: http://alaska.fws.gov/fisheries/mmm/polarbear/issues.htm

17th annual tribal conference brings environmental leaders to Tucson, Arizona By Margot Perez-Sullivan – EPA News Release – October 21, 2009 Today, more than 400 tribal environmental leaders representing more than 100 tribal governments from Arizona, California and Nevada are meeting with the Environmental Protection Agency in Tucson, Ariz., to recognize tribal accomplishments and to discuss environmental challenges that tribes continue to face.  This year’s conference will cover many pressing topics, including climate change, mining impacts, solid waste management, air and water quality, and sustainability.  “This conference is an opportunity for tribal, state, and federal leaders and environmental professionals to discuss the unique challenges facing tribes and applaud the innovative ways tribes tackle environmental issues,” said Laura Yoshii, the EPA’s acting regional administrator for the Pacific Southwest.  “This year marks the 25th anniversary of the EPA’s Indian Policy, and we all recognize the significant milestones achieved through working in partnership with tribes.” For more information, go to: http://www.epa.gov/region09/tribal/

U.S. Hunters, Anglers Lobby For Climate Bill By Ed Stoddard and Richard Cowan – Reuters – October 20, 2009 An unlikely lobbying group is pressing the U.S. Senate to curb greenhouse gas emissions: American hunting and fishing groups who fear climate change will disrupt their sport. Hunters and anglers are mainly a Republican Party constituency representing tens of millions of votes in the U.S. heartland and could help swing crucial votes as the Senate tries to pass legislation to cut carbon output. Twenty national hunting and fishing groups urged senators in a letter last month to ensure "the climate legislation you consider in the Senate both reduces greenhouse gas emissions and safeguards natural resources." For full story, go to: http://planetark.org/wen/55104

Cardin unveils federal Chesapeake Restoration bill By Alex Dominguez – Associated Press – October 19, 2009 Federal legislation to restore the Chesapeake Bay will create funding and incentives and mandate enforcement penalties if states don't meet restoration goals, Sen. Ben Cardin said Monday. "This is a major moment," said Cardin, the bill's co-sponsor, as he outlined the measure on a sunny, blustery day on the shores of the bay at Sandy Point State Park. The Maryland Democrat called the legislation the most significant advance for the Chesapeake Bay in the past 25 years. That drew agreement from the head of the Chesapeake Bay Foundation, which has sued the federal Environmental Protection Agency over the slow pace of cleanup efforts. For full story, go to: http://www.philly.com/philly/wires/ap/news/state/pennsylvania/20091019_ap_cardinunv eilsfederalchesapeakerestorationbill.html

Obama Told Only "Robust and Effective Federal Effort" Can Ensure "Coastal Louisiana's Survival" ENN – October 14, 2009 On the eve of President Obama's visit to New Orleans on Thursday, Louisiana elected officials, local, state and national group leaders today sent the president a letter advising him that "a robust and effective federal effort...is necessary" to ensure "coastal Louisiana's survival." The letter signers include Governor Bobby Jindal, U.S. Senators Mary Landrieu and David Vitter, U.S. Reps. Steve Scalise, Joseph Cao, Charlie Melancon, and Charles Boustany, Environmental Defense Fund President Fred Krupp, National Audubon Society President John Flicker and National Wildlife Federation President Larry Schweiger, among others. For full story, go to: http://world-wire.com/news/0910140002.html

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September 2009

EPA Finalizes List of Mining Permits Needing Review WHSV News – September 30, 2009 Rep. Shelley Moore Capito, R-W.Va., re-emphasized Wednesday her economic concerns surrounding the latest announcement from the U.S. Environmental Protection Agency that 79 Appalachian region mining permits have been officially singled out for further delay. The EPA announced Wednesday that it has finalized its list of area mining permits that will demand “additional review and coordination.” For full story, go to: http://www.whsv.com/news/headlines/62914117.html

Chesapeake dead zones an economic threat By Aleksandra Robinson – Delmarva Daily Times – September 18, 2009 Algae blooms and dead zones in America's waterways -- including the Chesapeake Bay -- represent a significant health risk for Americans, as well as a threat to the nation's economy, said Robert Magnien, director of the National Oceanic and Atmospheric Administration's Silver Spring, Md.-based Center for Sponsored Coastal Ocean Research. Magnien testified Thursday before the House Committee on Science and Technology's Energy and Environment Subcommittee. Legislators were taking testimony on a draft bill to reauthorize a 1998 bill and form an action plan for addressing harmful algae blooms, or HABs, and hypoxia, a lack of oxygen in waterways frequently referred to as "dead zones." For full story, go to: http://www.delmarvanow.com/article/20090918/NEWS01/909180301

CEQ Releases Interim Report of the Interagency Ocean Policy Task Force CSO Weekly Report – September 18, 2009 On September 17, the White House Council on Environmental Quality (CEQ) released its Interim Report of the Interagency Ocean Policy Task Force.  The report is in response to a Memorandum issued by President Obama on June 12 to the Heads of the Executive Departments and Agencies, stating "In order to better meet our Nation's stewardship responsibilities for the oceans, coasts, and Great Lakes, there is established an Interagency Ocean Policy Task Force, to be led by the Chair of the Council on Environmental Quality."  The Interim Report provides a preliminary overview of suggested National Policy, Policy Coordination Framework, and Implementation to best meet the President's charge.  The report is open for a 30 day public comment period.  The Task Force seeks input on its work from interested communities, governments, tribes, businesses, associations, non-governmental organizations and the general public.  Comments should focus on the issues set forth in the President's Memorandum and should specify one of the following five topics when submitting a comment: National Policy: Recommendations for a national policy that ensures the protection, maintenance, and restoration of the health of ocean, coastal, and Great Lakes ecosystems and resources, enhances the sustainability of ocean and coastal economies, preserves our maritime heritage, provides for adaptive management to enhance our capacity to respond to climate change, and is coordinated with our national security and foreign policy interests. Framework for Policy Coordination: Recommendations for a framework for policy coordination of efforts to improve stewardship of the oceans, our coasts, and the Great Lakes among Federal, State, tribal, and local authorities, including regional governance structures. Implementation Strategies: Recommendations for an implementation strategy that identifies and prioritizes a set of objectives the United States should pursue to meet the objectives of a national policy for the oceans, our coasts, and the Great Lakes. Marine Spatial Planning: Recommendations for a framework for effective coastal and marine spatial planning that is a comprehensive, integrated, ecosystem-based approach that addresses conservation, economic activity, user conflict, and sustainable use of ocean, coastal, and Great Lakes resources. Emerging Issues on Ocean, Coasts and Great Lakes Policy: Comments on the implications of other emerging issues for ocean, coasts and Great Lakes policy, such as offshore renewable energy development and climate change.  To read the report: http://www.whitehouse.gov/assets/documents/09_17_09_Interim_Report_of_ Task_Force_FINAL2.pdf.  To submit public comment: http://www.whitehouse.gov/administration/eop/ceq/initiatives/oceans/interimreport/.

EPA Releases Preliminary Results for Surface Coal Mining Permit Reviews EPA News Release – September 11, 2009 The U.S. Environmental Protection Agency announced last week that it has identified 79 proposed surface coal-mining projects in Appalachian states for further, detailed reviews of their pending permits.  The extended reviews will be carried out under an enhanced coordination process between EPA and the Army Corps of Engineers developed under an interagency Memorandum of Understanding (MOU) on surface coal mining facilitated by the Council on Environmental Quality and signed by the EPA, the Corps, and the Department of Interior. The Corps and EPA will work together during this review process to ensure compliance with the Clean Water Act and the protection of this nation’s public health and environment. http://yosemite.epa.gov/opa/admpress.nsf/3881d73f4d4aaa0b852 57359003f5348/b746876025d4d9a38525762e0056be1b!OpenDocument For more information including Enhanced Coordination Procedures, EPA's Preliminary Results of Reviews, EPA's initial list of Permit Applications and Recommendations, Factsheet on the Initial List Resulting from Enhanced Coordination Procedures, Questions and Answers about the Initial List, Detailed Information on All Proposed Surface Mines, and Information on Individual Projects from the ECP list visit: http://www.epa.gov/owow/wetlands/guidance/mining-screening.html

New Obama Pick for USDA Undersecretary Criticized for Roadless Views By Noelle Straub & Eric Bontrager – New York Times – September 11, 2009 The Obama administration's new pick to lead the Forest Service and farmland conservation programs has drawn criticism from environmental and hunting and fishing groups concerned about his past role in controversial roadless rule decisions. Harris Sherman, executive director of the Colorado Department of Natural Resources, has been nominated as Agriculture undersecretary for natural resources and environment. The post directs the Forest Service and conservation projects at the Natural Resources Conservation Service. For full story, go to: http://www.nytimes.com/gwire/2009/09/11/11 greenwire-new-obama-pick-for-usda-undersecretary-draws-f-72550.html Related story: http://coloradoindependent.com/37520/love-it-hate-it-conservationists- split-on-sherman-pick-to-head-usfs

Federal Agencies Release Draft Reports Required by Chesapeake Bay Executive Order EPA – Washington – September 10, 2009 Federal agencies today released the seven draft reports required by President Obama’s executive order on the Chesapeake Bay , which contain a range of proposed strategies for accelerating cleanup of the nation’s largest estuary and its vast watershed. The draft reports collectively call for increased accountability and performance from pollution control, habitat protection and land conservation programs at all levels of government, including an expanded use of regulatory authorities to address pollution control and additional voluntary and market-based solutions – particularly when it comes to habitat protection and land conservation programs. Federal agencies are also proposing new ways to harness the latest innovations in science and technology. The proposed actions are in response to overwhelming scientific evidence that the health of the Chesapeake Bay remains exceptionally poor, despite the concerted restoration efforts of the past 25 years. For full article, click here

Sacramento District, Corps Posts Notice about New LOP Procedures The U.S. Army Corps of Engineers Sacramento District has posted Public Notice SPK-2009-01291 to implement new Letter of Permission procedures to authorize activities with minor impacts that involve discharges of dredged or fill material  into waters of the U.S. http://www.spk.usace.army.mil/regulatory.html

Obama Admin Confronts 'Candidate Species' Backlog By Allison Winter, etc. – New York Times – September 9, 2009 The Obama administration is moving to accelerate Endangered Species Act listing decisions for hundreds of plants and animals, some of which have languished on a waiting list for more than 25 years. At issue are 250 or so "candidate species," a designation that offers no legal protections for affected species and is intended to be temporary. For full story, go to: http://www.nytimes.com/gwire/2009/09/08/08greenwire-obama-admin-confronts- candidate-species-backlo-22609.html

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August 2009

Filling of wetlands continues as developers protest proposed rules More than 477 acres have been covered since plan stalled in 2006 By Spencer Hunt – Columbus Dispatch – August 30, 2009 A state plan to better protect streams and wetlands from development stalled three years ago after business groups complained that it would cost too much to comply.   In the meantime, from 2006 to 2008, more than 477 acres of wetlands and 106 miles of streams were filled in, according to Ohio Environmental Protection Agency records. "It's become more and more frustrating," said Trent Dougherty, staff attorney for the Ohio Environmental Council. "We're still living under rules that ultimately aren't as protective as these new rules would be. http://www.columbusdispatch.com/live/content/local_news/stories/2009/08/30/ stalled.html?sid=101

Change Tops Her Agenda: Q&A with EPA Administrator Lisa Jackson By Craig Pittman – St. Petersburg Times – August 8, 2009 When she was first married, chemical engineer Lisa Jackson and her husband enjoyed vacationing on the beaches of Treasure Island. Now the head of the U.S. Environmental Protection Agency, Jackson came back to the Tampa Bay area this week for three days of work. Jackson unveiled a $95 million grant to build a factory in Jacksonville that would make batteries for electric cars. She met with area clean energy and green business executives for 90 minutes to talk about climate change. On Friday the New Orleans native, the first African-American to head up the EPA, spoke to the National Association of Black Journalists. Jackson — a mother of two who owns a Prius and a minivan — also sat down with the St. Petersburg Times to answer questions about wetlands destruction, global warming and how her husband reacted to the "Cash for Clunkers" program. For full article, go to: http://www.tampabay.com/news/environment/article1025912.ece

Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and Section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7146. Some of these EISs are wetlands and water-related, some are not. Federal Register notice dated August 14, 2009 Volume 174, Number 156. For a direct link to this notice, go to: http://regulations.justia.com/view/151151/

House Committee at work on Sustainable Watershed Management legislation ESA Policy News – August 14, 2009 The House Transportation and Infrastructure Committee is currently working on the Sustainable Watershed Planning Act, a bill that would consolidate and coordinate water resource management efforts at all scales. Currently, water management activities and responsibilities are shared by agencies at all levels of government, often resulting in jurisdictional divides within watersheds. At the federal level, agencies frequently fail to coordinate efforts, and Congress has to approve projects on a case-by-case basis. Similarly, local projects developed under this system may not account for downstream or regional impacts.  Advocates of reform, such as ranking member John Boozman (R-AR), envision the federal government as a source of technical assistance and guidance for state and local water planning efforts.  "More and more often we are seeing growing cities' needs for municipal and industrial water supplies at odds with similar needs for that same water downstream," he said. "It conflicts with environmental, recreation, navigation or flood control needs elsewhere in the watershed. What has been missing in most cases is a comprehensive watershed plan against which more focused local feasibility plans can be measured." The bill was originally scheduled for committee markup in early June, but was pulled to allow time for incorporating more feedback. Committee staff is now working on a new draft, although they have yet to set a date for completion. Meanwhile, the Obama administration is revising decades-old rules for the Army Corps of Engineers, broadening their scope to include not only economic goals,  as is currently the case, but also environmental and social ones. The administration is also preparing an executive order that would strengthen federal restrictions on floodplain development. For more information on the order, see the July 31 edition of the ESA Policy News at: http://www.esa.org/pao/policyNews//pn2009/07312009.php

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July 2009

New Finding for Lake Clark National Park & Preserve and the Potential Effects from the Alaskan Pebble Mine Contact: Jim Stratton – National Parks Conservation Association - July 14, 2009 For NPCA press release, Report Finds Lake Clark National Park in Pristine Condition, Resources Threatened by Mining, go to: http://www.npca.org/media_center/press_releases/2009/lake_clark_report_071409.html For the full report on Lake Clark National Park & Preserve in Alaska, go to: http://www.npca.org/stateoftheparks/lake_clark/  For background on the Alaskan mine issue, visit: http://aswm.org/wordpress/?p=388 to read ASWM’s blog entry on it.

Connecting the Dots: Flooding, Global Warming, Floodplain (Mis)Management, & National Legislation Contact: Aileo Weinmann – National Wildlife Federation – July 9, 2009 The United States is getting more heavy storms and major floods these days, detailed in a new report from the National Wildlife Federation. “Global warming is partly to blame for these heavy rainfall events,” said Dr. Amanda Staudt, climate scientist, National Wildlife Federation. “Warmer air simply can hold more moisture, so heavier precipitation is expected in the years to come.” To explain the bigger picture and provide recommendations for how to cope with projected changes and how to avoid the worst impacts of global warming, National Wildlife Federation’s mini-report Increased Flooding Risk: Global Warming’s Wake-Up Call for Riverfront Communities details:

· How global warming has caused more heavy rainfall events;   · America’s over-reliance on levees and other strategies for taming rivers;   · Communities that are on the frontlines;   · What must be done to confront the realities of global warming For full press release, go to: http://www.nwf.org/news/story.cfm?pageId=5C27 3840%2D5056%2DA868%2DA07C0D986E86BF10

House Passes Appropriations for Interior

CSO Weekly Report – July 2, 2009 Last week, the House passed H.R. 2996, a bill making appropriations for Interior, Environment, and related agencies for FY 2010.  Overall, EPA would receive about $10.5 billion, 38% more than allocated in FY09.  DOI would receive $10.97 billion overall, an increase over the $10.14 billion received in FY09.  Below are numbers for programs within DOI and EPA that CSO follows.  Department of Interior: In the Department of Interior, the State and Tribal Wildlife grants received approximately $115 million, approximately $40 million more than FY09, and equal to the FY10 President's budget.  The Coral Reef Initiative received $1 million, equal to FY09 and the FY10 President's budget. Environmental Protection Agency: In the Environmental Protection Agency (EPA), Clean Water Act (CWA) §106 received $229.26 million and CWA §319 received $200.86 million, both consistent with that received in FY09 and recommended in the President's FY10 budget.  The clean water state revolving fund received $2.3 billion, $1.62 billion more than in FY09 and approximately $1 million less than in the President's FY10 budget.  Of interest to CSO, these geographic programs received the following funding: Chesapeake Bay, $50 million; Great Lakes, $0; San Francisco Bay, $15 million; Puget Sound, $50 million; Long Island Sound, $15 million; Gulf of Mexico, $10 million; Lake Champlain, $5 million; Lake Pontchartrain, $3 million.  For more information, go to: http://appropriations.house.gov/

House Passes Climate Change Legislation CSO Weekly Report – July 2009 On June 26, the House passed the America's Clean Energy and Security Act of 2009, H.R. 2454.  Overall, H.R. 2454 would establish a cap-and-trade program under which the EPA Administrator would annually distribute permits (called "allowances") to industries and government entities to release greenhouse gas pollution, with the number of allowances declining each year ("caps" on emissions).  Of interest to CSO are provisions in the bill for an adaptation program to address the full array of impacts of climate change, adaptation for natural resources, and marine spatial planning.  To read the bill: http://www.thomas.gov/cgi-bin/query/D?c111:3:./ temp/~c111IwYmgH:

Water and Wildlife Bills Passed Along with CWRA in Committee Mid-Atlantic Watershed Update – Northeast-Midwest Institute – July 2009 During the same business meeting in which the Senate EPW Committee passed the CWRA, the Committee also voted to report the following bills favorably to the Senate:

· Clean Coastal Environment and Public Health Act of 2009 (S. 878), which is the companion bill to the House BEACH Act. This legislation would impose new beach water quality testing requirements and public and state agency notification standards. The companion House bill (H.R. 2093) was unanimously approved the House Transportation & Infrastructure Committee in early June following an amendment by Chairman Oberstar (D-MN) to adjust the funding allocation increase in the bill to $40 million per year. The original bill sought $60 million.   · Sewage Overflow Community Right-to-Know Act (S. 937), which would require reporting of sewage overflow instances from treatment facilities.   · Neotropical Migratory Bird Conservation Act reauthorization (S. 690), which would increase funding for migratory birds and habitats.   · Chesapeake Bay Gateways and Watertrails Network Continuing Authorization Act (S. 479), which would permanently reauthorize the National Park Service’s Chesapeake Bay Gateways Program. This bill was approved unanimously.

On June 10, the House Natural Resources Committee unanimously approved the Joint Ventures for Bird habitat Conservation Act (H.R. 2188), which would require the Fish & Wildlife Service to establish a program to develop a framework for Joint Ventures (self-directed, voluntary partnerships) that provide financial and technical assistance to support regional migratory bird conservation partnerships. On June 16, the House Insular Affairs, Oceans and Wildlife Subcommittee held a hearing regarding the National Fish Habitat Conservation Act (H.R. 2565), introduced by Congressman Ron Kind (D-WI). The bill would authorize $75 million annually for the Interior Department to fund fish habitat rehabilitation. The funds would go to projects developed in a “joint-venture” style – implemented through stakeholder partnerships much like the existing migratory bird program. Senator Joe Lieberman (I-CT) has introduced the companion bill (S. 1214), which has been referred to the Senate EPW Committee. In the House Appropriations Committee, the full house approved a $22.9 billion spending bill. The handful of administration-proposed cuts to conservation programs were rejected, including the Environmental Quality Incentives Program (although funded $20 million below Farm Bill authorized amount), Wildlife Habitat Incentive Program, and the Wetlands Reserve Program. For full update, go to: http://www.nemw.org/images/0907midatlanticwatershedsupdate.pdf

New Corps Regional Supplement to Wetland Delineation Manual Today, the U.S. Army Corps of Engineers, Wilmington District, announced the availability of the Draft Eastern Mountains and Piedmont Regional Supplement to the 1987 Wetland Delineation Manual (Environmental Laboratory 1987).  The manual is available here: http://www.usace.army.mil/CECW/Documents/cecwo/reg/EMP_Peer_Rev.pdf

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June 2009

Mountaintop Mining To Get More Scrutiny By David A. Fahrenthold – Washington Post – June 11, 2009 The Obama administration will announce plans today to tighten scrutiny of mountaintop coal mining, in an effort to reduce environmental damage from operations that shear off peaks and fill Appalachian valleys, federal officials said. The policy changes, outlined in a new agreement among federal agencies, will not end the practice, also called mountaintop removal. But administration officials said their aim is to curtail its worst impacts: wooded peaks reduced to barren stumps and healthy streams buried under tons of rock. For full story, go to: http://www.washingtonpost.com/wp-dyn/content/article/2009/06/10/AR2009061003984.html?nav=emailpage

Conservation Leaders Gather To Restore Iconic U.S. Waters Contact: Aileo Weinmann – National Wildlife Foundation - June 10, 2009 Conservation leaders from across the country are gathering in New Orleans today to push for the restoration of iconic U.S. waters such as Chesapeake Bay, Coastal Louisiana, Florida Everglades, Great Lakes, Gulf of Maine, Long Island Sound, Puget Sound and others. “The summit has one goal: Unite America to protect the nation’s iconic waters from serious threats ranging from global warming to invasive species,” said Larry Schweiger, president and CEO of the National Wildlife Federation, the host of the summit. “Restoring American’s great waters will benefit the country’s economy and environment—and will be vital in addressing the impacts of global warming.” The conference, June 10-12, comes as momentum is building in the nation’s capitol. In the current budget cycle, both Congress and the White House have acknowledged the vital importance of the nation’s great waters. For more information on the conference, go to: http://online.nwf.org/site/Calendar?view= Detail&id=102541 For the full press release, go to: http://www.nwf.org/news/story.cfm?pageId=CABEFEEF%2D5056%2DA868% 2DA05550FADDED1D84

Congress recommends record wetlands restoration funding By Neil Shader – Ducks Unlimited – June 10, 2009 A proposed record increase to the North American Wetlands Conservation Act (NAWCA) moved a step closer to becoming reality today when the House Interior Appropriations Subcommittee approved the President's request of more than $52 million for the popular wetlands conservation initiative. "We are very excited that Chairman Dicks, Ranking Member Simpson and the rest of the Subcommittee also recognize the importance of NAWCA and the benefits that restoring and conserving wetlands across the country have for sportsmen, farmers and the public," said Scott Sutherland, director of Ducks Unlimited's Governmental Affairs Office. "NAWCA is one of the most remarkable success stories for conservation, and this funding increase will continue that success." For full story, go to: http://www.ducks.org/news/1883/Congressrecommendsre.html

President Nominates Sotomayor for Supreme Court By Jonathan Kalmuss-Katz – International Law Office – June 8, 2009 President Barack Obama has announced his decision to nominate Second Circuit Court of Appeals Judge Sonia Sotomayor to fill the seat on the Supreme Court being vacated by Justice David Souter, who has announced his retirement. If confirmed, Sotomayor will represent an important vote on a variety of legal issues, including the scope and application of US environmental laws. In 2007 Sotomayor authored the Second Circuit opinion in Riverkeeper v EPA, holding that the Environmental Protection Agency could not rely on cost-benefit analysis in determining the best available technology required to minimize the impact of nuclear power plants' cooling towers on aquatic life. Riverkeeper arose under the Clean Water Act, but it followed a diverse line of cases on whether agencies can base environmental decisions on cost-benefit analysis when the underlying statute is silent. In 2008 the Supreme Court reversed this opinion, with Souter and two other judges dissenting. For full article, go to: http://www.internationallawoffice.com/Newsletters/Detail.aspx?g=51e7b95a-f5e 8-4e1f-9e30-16a36196e3c9

House Committee Approves Legislation to Establish National Climate Service CSO Weekly Report – June 5, 2009 On June 3, the House Committee on Science and Technology approved the National Climate Service Act of 2009 (H.R. 2407).  The bill would establish a national climate service, similar to the existing National Weather Service, housed in NOAA.  The bill was introduced May 14 by Representative Bart Gordon (D-TN).  To read the bill: http://www.thomas.gov/cgi-bin/query/ z?c111:H.R.2407:

House introduces National Climate Enterprise Act of 2009 CSO Weekly Report – June 5, 2009 On June 3, the National Climate Enterprise Act of 2009 (H.R. 2685) was introduced in the House by Delegate Madeleine Bordallo (D-GU) and supported by nine co-sponsors.  The bill would establish a National Oceanic and Atmospheric Administration and a National Climate Enterprise.  The bill was referred to the Committee on Science and Technology and the Committee on Natural Resources.  To read the bill: http://www.thomas.gov/cgi-bin/query/z?c111:H.R.2685:.

House Committee Approves Legislation to Reauthorize BEACH Act CSO Weekly Report – June 5, 2009 On June 4, the House Transportation and Infrastructure Committee approved the Clean Coastal Environmental and Public Health Act of 2009 (H.R. 2093).  The bill would reauthorize the Beaches Environmental Assessment and Coastal Health (BEACH) Act through 2014, and would increase grants to states to improve beach water quality and strengthen pathogen testing and public notification standards.  The bill was introduced April 23 by Representative Pallone (D-NJ) and has twenty-six co-sponsors.  To read the bill: http://www.thomas.gov/cgi-bin/query/z?c111:H.R.2093:.

Draft Watershed Sustainability Bill Floated in House ECOSWIRE – June 5, 2009 The “Sustainable Watershed Planning Act” is being circulated by the office of Chairman James Oberstar (of the Transportation and Infrastructure Committee). See http://www.ecos.org/files/3620_file_DRAFT_Sustainable_Watershed_language_ recd_28_may_09.pdf   States may wish to submit comments direct to the Chairman's office. Bill Summary: Create Regional Watershed Planning Boards, overseen by the Council on Sustainable Watershed Management (a new federal body), and an interaction of federal and state government to research, evaluate, and develop improvements to watershed management. Membership of the Council includes: Admin. EPA, Sec. Trans, Sec. Army, Sec. Interior, Sec. Ag, Sec. Commerce, Sec. Energy, Sec. HUD, Chair FERC, Council Director [Pres. Appt], 5 State Governors, 1 Tribal Rep (Appt. by President for geographical diversity, rotated on a biennial basis). The bill also includes the creation of Regional Watershed Planning Boards (RWPB)with one  Member appointed by each member of the national Council, one member per state in/partly in the region, one member per tribal group in/partly the region, one member per interstate agency created by an interstate compact with the consent of Congress whose jurisdiction extends to the region’s watershed.

Obama walks a fine line over mining By Tom Hamburger and Peter Wallsten – Los Angeles Times – June 1, 2009 With the election of President Obama, environmentalists had expected to see the end of the "Appalachian apocalypse," their name for exposing coal deposits by blowing the tops off whole mountains. But in recent weeks, the administration has quietly made a decision to open the way for at least two dozen more mountaintop removals. For full story, go to: http://www.latimes.com/news/nationworld/nation/la-na-mountaintop-mining31-2009may31,0,7589633.story

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May 2009

Boxer Welcome Obama Administration Letter on Need for Clean Water Legislation http://epw.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases& ContentRecord_id=64739ae3-802a-23ad-4c30-36fc58cc1014

A New Federal Construction Push: Wetlands By Jeff Kart – Clean Technica – May 10, 2009 Some people like to call them swamps — usually folks who want to turn them into concrete developments. Others call them wetlands, for their abilities to reduce flooding and filter out contaminants that run off of city landscapes. The fact is, you may not like wetlands or swamps (mosquitoes), but they do a lot of good. The next time it rains, watch the water run off of a driveway, sidewalk, street or nearby parking lot. That water used to go into wetlands, depending on where you live. Now it goes into sewer systems, and often ends up being flushed untreated, or only partially treated, to rivers and lakes. What to do, short of “The World Without Us“? Many cities are turning to constructed wetlands, which can’t replace the natural work of Mother Nature, but can do a pretty good job of keeping contaminants out of waterways that supply drinking water, fishing and good ol’ recreation. For full story, go to: http://cleantechnica.com/2009/05/10/a-new-federal- construction-push-wetlands/

Court Limits EPA Discretion Under CWA When Vetoing CORPS Permits Inside EPA – May 1, 2009 In a precedent-setting ruling, a federal court has limited EPA‟s discretion under the Clean Water Act (CWA) in determining whether or not it will veto a U.S. Army Corps of Engineers permit, holding that the agency is obligated to veto a permit if the project is likely to result in “adverse effects.” The ruling late last month from the U.S. District Court for the District of Columbia was a first-time test of the court‟s earlier holding in the case that environmentalists have a right under the Administrative Procedure Act (APA) to sue to require the agency to veto a permit. Reprinted with permission from Inside EPA. For complete article, go to: http://www.aswm.org/news/court_limits_050109_inside_epa.pdf

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April 2009

Editorial: Undoing the Damage, Step by Step New York Times (Editorial) – April 29, 2009 The Obama administration is reversing many of the potentially damaging anti-environmental regulations rushed through in the Bush administration’s final months. This week, Interior Secretary Ken Salazar withdrew a rule that would have weakened protections for endangered species. He also took the first legal step to revoke a rule that would have allowed the ruinous coal mining practice known as mountaintop removal to inflict even greater damage on Appalachia’s landscape. For full editorial, go to: http://www.nytimes.com/2009/04/30/opinion/30thu2.html?_r=1

Peter Silva nominated as US EPA Water Chief By AWWA – April 15, 2009 Peter S. Silva, a civil engineer with 32 years of experience in water and wastewater, will be nominated to lead the US Environmental Protection Agency Office of Water, the Obama administration announced. Silva currently serves as a policy advisor to the Metropolitan Water District of Southern California, and an MWD spokesman said he specializes in Colorado River issues. The White House announcement mentioned his “work in the public sector specializing in water resources policy with extensive experience in US–Mexico border issues.” For full story, go to: http://www.waterandwastewater.com/www_services/news_center/publish/article_001673.shtml

New Report: Across America, Waters in Crisis National Wildlife Federation News Release – April 14, 2009 For decades, the Clean Water Act has broadly protected America’s lakes, rivers, streams, and drinking water sources from unregulated pollution and destruction, rescuing them from the dire straits they were in during the late 1960s and early 1970s. But because of a concerted effort by polluters and developers, and muddied rulings from the U.S. Supreme Court, up to 60 percent (at least 15,000 important waters) have lost these vital protections and countless other waters (including more than 50 percent of our streams and 20 million acres of wetlands) are at risk of losing protections. Today, Clean Water Action, Earthjustice, Environment America, National Wildlife Federation, Natural Resources Defense Council,Sierra Club and Southern Environmental Law Center are releasing a new report entitled “Courting Disaster: How the Supreme Court Has Broken the Clean Water Act and Why Congress Must Fix It”, which details the threats to America’s waters and highlights the urgent need for Congress to act immediately and restore full Clean Water Act protections to our waters. For full press release, go to: http://www.nwf.org/news/story.cfm?pageId=A5795370%2D5056%2DA868 %2DA06DA672929B4158

EPA chief calls for new wetland law By Tim Wheeler – Baltimore Sun (blog) – April 14, 2009 After decades of ambiguity and controversy, Environmental Protection Agency Administrator Lisa Jackson thinks it may be time for Congress to review and strengthen federal wetlands protections. Speaking last week in Washington at a preview of a documentary about pollution in the Chesapeake Bay and Puget Sound, Jackson said because of Supreme Court decisions "there is murkiness" now about whether the EPA or states have any say over filling or draining many wetlands, which filter out pollution naturally. "I do believe we need a legislative fix to clarify the jurisdiction issue," she said.  The nation is losing wetlands "at an alarming rate" to development, which next to agricultural pollution is one of the biggest threats to the nation's waters, including the Chesapeake, she added. For full blog entry, go to: http://weblogs.baltimoresun.com/news/local/bay_environment/blog/2009/04/epa_ chief_calls_for_new_wetlan.html

Bill seeks to protect waterfowl breeding habitat The Times-Picayune – April 4, 2009 The Clean Water Restoration Act, critical to protecting waterfowl breeding habitat, was reintroduced in the U.S. Senate last week, immediately drawing support from sportsmen and environmental groups. The bill seeks to restore protection for isolated and temporary wetlands -- key habitat for breeding ducks -- stripped in 2006 when the Supreme Court ruled Congress never intended such habitats to be regulated when it passed the Clean Water Act in 1977. The obvious solution was to amend the law, but that effort was never supported by the Bush administration, which instead issued a new guidance on what could be protected. "The loss of protection for geographically isolated wetlands and the confusion over how to interpret the new guidance is detrimental to people and wildlife, " said Don Young, executive vice president of Ducks Unlimited. The bill, introduced by Sen. Russ Feingold (D-Wis.), has 23 co-sponsors. Neither Louisiana senator has signed on yet. For full story, visit: http://blog.nola.com/outdoors/2009/04/bill_seeks_to_protect_waterfow.html

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March 2009

Wetlands Protection at Stake in Challenge to U.S. Army Corps of Engineers

Soutern Environmental Law Center, Charleston, SC – Press Release – March 24, 2009 Based on federal protections under the Clean Water Act, the Southern Environmental Law Center and National Wildlife Federation today challenged a U.S. Army Corps of Engineers go-ahead to fill one of the largest remaining intact wetlands in an area near Murrells Inlet, South Carolina, within the Waccamaw River watershed. For full press release, go to: http://www.southernenvironment.org/newsroom/press_releases/spectre_filing_pr_3_24_09/

Obama links budget to environment

Associated Press – March 23, 2009 President Barack Obama said Monday the nation must move quickly to develop clean and innovative sources of energy after years of delay. "We've seen enough," Obama said at a White House event intended to draw attention to his energy proposals. "We can remain the world's leading importer of foreign oil, or we can become the world's leading exporter of renewable energy." The president's comments came following a weekend in which administration officials indicated his campaign promise to explore new sources of renewable energy is one element of his budget that is nonnegotiable. Obama is devoting much of his time these days to build support for his $3.6 trillion budget proposal. Speaking to entrepreneurs in the fields of energy, Obama told them their country needs them to create jobs and be inventive. In turn, he said: "Your country will support you. Your president will support you." The administration's $787 billion stimulus package includes $39 billion for the Department of Energy and $20 billion in tax incentives for clean energy. For full article, go to: http://www.google.com/hostednews/ap/article/ALeqM5jNlJOuGuTs5qg EuIws8f56V48hyAD973SPGO0

Senate Passes Lands Bill One More Time

By Kate Phillips – New York Times – March 19, 2009 The Senate passed the omnibus public lands bill today, on a vote of 77-20, virtually ensuring that the bill creating new national parks and designating millions of acres as wilderness will become law sometime soon. Representative Steny Hoyer, the majority leader in the House, just said that members would be voting on the bill next week, under a measure that provides for a simple majority vote. For full story, go to: http://thecaucus.blogs.nytimes.com/2009/03/19/senate-passes-lands-bill-one-more-time/

Conservation Funded through Omnibus Spending Bill

Audubon Advisory – March 2009 Last week, the Congress finished and President Obama signed into law the Fiscal Year 2009 Omnibus Appropriations Bill. This bill funds the federal government through September 30th, 2009. Many, but not all, of Audubon's conservation priorities programs received significant increases in funding over the prior year. The following is a short list of some of the programs that received a much needed funding increase: Over $180 million for key Everglades restoration projects. After several years of delay, the omnibus package provides immediate funding for several key projects, including money to begin construction on Picayune Strand, the first part of the Comprehensive Everglades Restoration Plan authorized by Congress in 2000. This signals the beginning of an improved federal-state partnership on Everglades restoration. Over $482 million for the National Wildlife Refuge System, an increase of almost $27 million over FY08. This funding will help improve the operations and maintenance of the refuge system. $4.75 million for the Neotropical Migratory Bird Conservation Act, a modest increase over the FY08 level. For a link to the Audubon Advisory, go to: http://www.audubon.org/campaign/Latest_News.html (The March 2009 issue may not be posted until later.)

Secretary Salazar Releases First National “State of the Birds” Report Highlights Alaska Species

Contact Bruce Woods – US FWS News Release – March 19, 2009 While the “State of the Birds” report released on March 19th is national in its scope, migratory birds know no borders, and a number of the species and ecosystems highlighted in the analysis make Alaska their home for a portion of the year. Among the species identified as “Birds in Trouble” are Spectacled and Steller’s eiders (the Alaska-breeding population of the latter may be no more than a few hundred birds) and the short-tailed albatross, all of which are listed under the Endangered Species Act, as well as both marbled and Kittlitz’s murrelets. The report notes that Kittlitz’s murrelet is one of the species whose decline is probably a result of climate change; in this case tied to changes in the ocean environment and glacial melting which likely affect these birds’ ability to find food. For full press release, go to: http://www.fws.gov/news/NewsReleases/showNews.cfm? newsId=201064DB-BC13-D8F6-DD786DBEAF9D7264 The 2009 report can be found at: http://www.stateofthebirds.org/

Obama Administration Lists Its First Endangered Species – Wetland Plant

ENN – March 17, 2009 HI: A Hawaiian native plant is the first species to be protected by the Obama administration under the Endangered Species Act. The U.S. Fish and Wildlife Service announced today that it is listing Phyllostegia hispida from the island of Molokai as an endangered species. Just 238 plants of the species exist today. Federal listing of Phyllostegia hispida automatically invokes state listing under Hawaii's endangered species law. […] Phyllostegia hispida is a diffuse perennial vine of the mint family with many-branched stems that form large tangled masses. Found only in the wet forests of eastern Molokai, one group of plants grows in The Nature Conservancy's Kamakou Preserve and more are growing in the state's Pu'u Ali'i Natural Area Reserve. For full story, go to: http://www.ens-newswire.com/ens/mar2009/2009-03-17-093.asp

Restoration Act Will Protect Our Nation's Waters – Letter to President Obama

Clean Water Network News – March 4, 2009 Earlier this month, more than 160 leading freshwater scientists and engineers sent a letter to President Obama urging his support for the Clean Water Restoration Act. To read the letter, go to: http://www.cleanwaternetwork.org/files/Scientist+LTR+to+President_CWRA_2-25-09_Final-1.pdf

Water Subcommittee Approves Major Bill to Invest in Water Infrastructure

By Mary Kerr – ECOS News Release – March 4, 2009 The Subcommittee on Water Resources and Environment approved by voice vote and reported out legislation today to address the nation’s ever-increasing water infrastructure needs. H.R. 1262, the Water Quality Investment Act of 2009, incorporates provisions from four bills that were approved by the House of Representatives in the 110th Congress but were not taken up by the Senate. It also increases the authorized funding levels for the cleanup of contaminated sediment in the Great Lakes, which was enacted into law in 2008 with funding levels below the House-passed version of the bill. For the summary document, go to: http://transportation.house.gov/Media/file/press/HR%201262%20 Water%20invt%20of%202009%20Summary.doc

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February 2009

EPA head: Great Lakes a major driver in U.S. water policy

Contact: Tim Eder – Great Lakes Commission News Release – February 24, 2009 “As the Great Lakes go, so goes the national policy as to water,” said Lisa Jackson, administrator of the U.S. Environmental Protection Agency speaking today at the semiannual meeting of the Great Lakes Commission in Washington, D.C. Jackson noted that President Barack Obama established his commitment to Great Lakes protection early in his campaign and continues to demonstrate that commitment through such legislative vehicles as the American Recovery Act, the recently passed stimulus bill. “We look at the Act as extremely important to restoring infrastructure,” she said. For full news release, go to: http://www.glc.org/announce/09/02semidc.html

New Report Shows Loss of Coastal Wetlands in Eastern U.S.

Contact: Monica Allen – NOAA Press Release – February 17, 2009 While the nation as a whole gained freshwater wetlands from 1998 to 2004, a new report by NOAA and the U.S. Fish and Wildlife Service documents a continuing loss of coastal wetlands in the eastern United States. The new report, Status and Trends of Wetlands in the Coastal Watersheds of the Eastern United States, shows a loss of approximately 60,000 acres each year in the coastal watersheds of the Great Lakes, Atlantic Ocean and Gulf of Mexico from 1998 to 2004. “This report shows the nation’s need to expand the effort to conserve and rebuild valuable coastal wetlands,” said Jim Balsiger, acting NOAA assistant administrator for NOAA’s Fisheries Service. “Coastal wetlands are nurseries for important commercial and recreational fish and are vital to many threatened and endangered species. They also provide natural protection to coastal communities from the most damaging effects of hurricanes and storm surges.” For full press release, visit: http://www.noaanews.noaa.gov/stories2009/20090217_wetlandsloss.html To read the report: Status and Trends of Wetlands in the Coastal Watersheds of the Eastern United States: 1998 to 2004

Obama Signs $787 Billion Economic Stimulus Bill

By William Branigin – Washington Post – February 17, 2009 President Obama today signed into law a $787 billion economic stimulus plan that he said begins "the essential work of keeping the American dream alive in our time." In a speech and signing ceremony in Denver, Obama said the new law is aimed at creating millions of jobs and halting the U.S. economy's downward spiral. Obama signed the massive, nearly 1,100-page American Recovery and Reinvestment Act at the Denver Museum of Nature and Science, a setting intended to underscore the new law's role in creating clean-energy jobs. Before the signing, the president toured a solar panel installation on the museum's roof. For full story, go to: http://www.washingtonpost.com/wp-dyn/content/article/2009/02/17/ AR2009021700221.html?hpid=topnews For a direct link to the bill, HR1, American Recovery and Reinvestment Act of 2009, visit: http://thomas.loc.gov/home/approp/app09.html#h1 If that link does not work, visit: www.thomas.gov and it should be highlighted at the top of the webpage. For a summary of the Stimulus bill, go to: http://www.wildlifemanagementinstitute.org/index.php? option=com_content&view=article&id=335:stimulus-bill&catid=34:ONB%20 Articles&Itemid=54 For related stories, go to: http://www.wef.org/GovernmentAffairs/StimulusFunding/ https://www.landtrustalliance.org/policy/advocates/adv-021309

Fixing leaks in the federal Clean Water Act

By Lynda Saul – Opinion – Helena Independent Record – February 8, 2009 As a hydrologist who has spent more than 22 years working on water issues for the State, I would like to offer additional information to a Feb. 1, 2009, story in the IR regarding problems with the Federal Clean Water Act (CWA) and why we should all work to fix it. A Montana resolution, SJR7, that “adamantly opposes” repairing the Clean Water Act is winding its way through the State Capitol and has misrepresented the debate on this complex and important issue. For full opinion article, visit: http://www.helenair.com/articles/2009/02/08/opinions/saul_090208.txt

2009 Report Card for America's Infrastructure

American Society of Civil Engineers – February 2009 The Report Card is an assessment by professional engineers of the nation's status in 15 categories of infrastructure. In 2009, all signs point to an infrastructure that is poorly maintained, unable to meet current and future demands, and in some cases, unsafe. Since the last Report Card in 2005, the grades have not improved. ASCE estimates the nation still stands at a D average. Deteriorating conditions and inflation have added hundreds of billions to the total cost of repairs and needed upgrades. ASCE's current estimate is $2.2 trillion, up from $1.6 trillion in 2005. To view report card, visit: http://www.asce.org/reportcard/2009/index.html

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January 2009

Components of Stimulus Vary in Speed and Efficiency

By David M Herszenhorn– New York Times – January 28, 2009 At first, it will trickle into paychecks in small, barely perceptible amounts: perhaps $12 or $13 a week for many American workers, in the form of lower tax withholding. […] One area where analysts say the bill would be relatively effective is in providing assistance to states, many of which, to comply with balanced-budget requirements, are facing the prospect of steep cuts in jobs and services. Aid to states does not expand economic activity, but it helps prevent cuts that would make the downturn even worse. […] The greatest prospect of delay in spending is on infrastructure. The bill provides $30 billion for highway construction and tens of billions more for other transportation projects, water projects, park renovation, military construction; local housing projects and more. For full article, go to: http://www.nytimes.com/2009/01/29/us/politics/29assess.html?pagewanted=1&_r=1

Groups Push Clean Water Act Revival

By Jody Jackson, Jr. – Columbia Tribune – January 24, 2009 The restoration of protection and regulatory enforcement for streams and wetlands under the federal Clean Water Act was the focus of a daylong "Waters for Wildlife" summit Thursday at Bass Pro Shops. Some 30 representatives of state and national conservation organizations met to discuss developing grass-roots support for legislation that would restore key provisions stripped from the Clean Water Act by a pair of U.S. Supreme Court decisions. Three-fourths of Missouri streams that are considered "intermittent flowing" as well as "thousands of acres" of wetlands either fall outside of or are in danger of falling beyond provisions of the Clean Water Act of 1972, said Jan Goldman-Carter, wetlands and water resources counsel for the National Wildlife Federation. She said the act was "severely affected" by Supreme Court decisions in 2001 and 2006. For full story, go to: http://www.columbiatribune.com/2009/Jan/20090124News001.asp

Democrats Finishing Up Stimulus Proposal

By Paul Kane – Washington Post – January 15, 2009 Congressional Democrats are putting the final touches on an economic stimulus package worth almost $850 billion, hoping to have the details ready in time for President-elect Barack Obama to promote it during a trip to Ohio tomorrow aimed at building public support for the recovery plan. With its cost estimate almost tripling since shortly after Obama's November election victory, the stimulus package is expected to include at least $300 billion in tax cuts and nearly $550 billion in domestic spending, making the price tag of his first major legislative initiative almost equal to the annual cost of funding all federal agencies. For full story, go to: http://www.washingtonpost.com/wp-dyn/content/article/2009/01/14/AR2009011403291.html?wpisrc=newsletter For additional story, Stimulus could mean local restoration dollars, visit: http://www.houmatoday.com/article/20090118/ARTICLES/901179908? Title=Stimulus_could_mean_local_restoration_dollars Greening the Stimulus, http://www.salon.com/opinion/feature/2009/01/14/stimulus/

Conservation Coalition Urges Focus on Clean Water

By Pursue The Outdoors – January 14, 2009 A broad coalition of conservation interests today urged the incoming class of federal policymakers to restore federal protections for our nation’s waters. Recent Supreme Court decisions and subsequent rulemakings have diminished the original scope of the Clean Water Act, leaving many wetlands and intermittent and ephemeral streams beyond the act’s protections. As a result, several national sportsmen’s organizations have asked members of the Senate Environment and Public Works Committee - which tomorrow will consider the appointments of Lisa Jackson for Administrator of the Environmental Protection Agency and Nancy Sutley for Chairman of the Council on Environmental Quality - to immediately elevate the issue to a top-tier priority. For full story, go to: http://www.pursuetheoutdoors.com/news/2009/01/14/conservation-coalition-urges- focus-on-clean-water/  To sign onto the We are Wetlands Campaign, go to: To sign, go to http://www.wearewetlands.org    For Ted Williams’ blog entry, Conservation Coalition Releases 2009 Policy Agenda, visit: http://www.flyrodreel.com/Blogs/Ted-Williams/Blogs-2008/Conservation-Coalition- Releases-2009-Policy-Agenda/

Dem. Senate Committee Assignments Are In

By Sarah Lovenheim – Washington Post – January 14, 2009 Senate Majority Leader Harry Reid circulated a letter last night announcing his selection for Democratic seats on key committees in the 111th Congress, although he's carefully calling his list merely an "anticipated" rundown. Reid says three more Democrats than Republicans will be seated per committee, save Appropriations and Armed Services, on each of which Democrats will hold a four seat advantage. Plus, "Democrats will hold, by statute, a one-seat advantage on the Intelligence Committee, and a two-seat advantage on the Joint Economic Committee," he said. For full story, visit: http://voices.washingtonpost.com/capitol-briefing/2009/01/ committee_announcement_day_is.html?wprss=capitol-briefing

Proposed Rule Clarifies Hunting Rule Changes at National Wildlife Refuges

Contact: David Eisenhauer – USFWS News Release – January 13, 2009 The U.S. Fish and Wildlife Service today published in the Federal Register a proposed rule that modifies language regarding existing hunting programs at 76 national wildlife refuges, including three refuges in the California and Nevada Region. The proposed rule has a 30-day public comment period. The Service hopes to finalize the rule in time for the early winter and early spring 2008-2009 hunting seasons. For full news release, go to: http://www.fws.gov/news/NewsReleases/showNews.cfm?newsId=D139B6C6-A1BA- 4023-72C746D852CBA0AB

U.S. Senate Breaks Blockade of Public Lands Bills by Dr. No (Omnibus Public Land Management Act)

ENS – January 12, 2009 Sunday was a working day for the brand new 111th Congress, now in the control of Democrats. Senate Majority Leader Harry Reid of Nevada lost no time in using his authority to make a massive omnibus public lands package the first order of business. Casting their first vote, the senators agreed to consider and vote later this week on the package of 160 public lands bills that would protect 200 million acres of wilderness in nine states - California, Colorado, Idaho, New Mexico, Michigan, Oregon, Utah, Virginia, and West Virginia. The bill would safeguard over 270,000 acres along over 1,000 miles of rivers in Oregon, California, Idaho, Arizona, Wyoming, and Massachusetts and add 2,800 miles of new trails to the federal system. For full story, go to: http://www.ens-newswire.com/ens/jan2009/2009-01-12-03.asp

Bush Administration Leaves Its Mark on the Endangered Species Act With Significant Amendments to the Consultation Regulations

By Elizabeth Lake, Peter Landreth, et. al. – Holland & Knight Newsletter Alert – January 7, 2009 On December 16, 2008, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) published a final rule (Section 7 Rule) in the Federal Register that makes significant changes to certain provisions of the consultation requirements under Section 7 of the Federal Endangered Species Act (ESA).1 In one of the final actions of the Bush Administration’s environmental agenda, these actions set the stage for the Obama Administration to wrestle with the scope of the ESA, and in particular, the interplay of climate change and its impact on endangered species. For full article, go to: http://www.hklaw.com/id24660/PublicationId2527/ReturnId31/contentid53524/

Online Wetland Publications Through the U.S. Fish and Wildlife Service's Conservation Library

The U.S. Fish and Wildlife Service National Conservation Training Center's Conservation Library provides easy access to curriculum-based materials (including online courses), historic conservation texts, electronic resources, and state-of-the-art delivery services.  The library's collection includes materials used in all the conservation courses taught at NCTC with an emphasis on natural resource conservation, environmental education, and conservation leadership.  The library provides online publications from many of the Service's programs (http://library.fws.gov/) and includes links to websites of scientific journals.  Most recently, the library created a wetland publications webpage containing online wetland publications from many of the Service's programs: http://library.fws.gov/Wetland_pubs.html. Publications are in a PDF format for easy downloading.

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December 2008

USDA Annouonces New Office of Ecosystem Services and Markets

Washington, D.C. – December 18, 2008 Agriculture Secretary Ed Schafer today announced the intention to establish a new USDA Office of Ecosystem Services and Markets and the creation of a federal government-wide Conservation and Land Management Environmental Services Board to assist the Secretary of Agriculture in the development of new technical guidelines and science-based methods to assess environmental service benefits which will in turn promote markets for ecosystem services including carbon trading to mitigate climate change. For full article, click here.

U.S. Fish and Wildlife Service Director Announces Grants to Protect Coastal Wetlands Across the Nation

Contact: Joshua Winchell – US FWS News Release – December 17, 2008 H. Dale Hall, Director of the U.S. Fish and Wildlife Service, announced today that twenty-five conservation projects benefiting fish and wildlife on more than 13,543 acres of coastal habitat in twelve States will be funded with $20.1 million from 2009 National Coastal Wetlands Conservation Grant Program. The grants will be used to acquire, restore or enhance coastal wetlands and adjacent uplands to provide long-term conservation benefits to fish, wildlife and their habitat. States receiving funds include Alaska, California, Connecticut, Florida, Georgia, Maine, New Jersey, Oregon, Texas, Virginia, Washington, and Wisconsin. These federal grants will be matched by nearly $27 million in partner contributions from state and local governments, private landowners and conservation groups. View projects funded by the 2009 grant program at http://www.fws.gov/home/feature/2008/pdf/039367winchellNRcoastalgrants2009.pdf For full press release, go to: http://www.fws.gov/news/NewsReleases/showNews.cfm? newsId=45E871BF-A842-ABC2-09E3874BDA9B5F0A

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%2 DA868%2DA017C338E5CA2546

New Regulation Opens Loophole in Endangered Species Act

American Bird Conservancy – December 11, 2008 The Secretary of the Interior Dirk Kempthorne announced today a final rule change that weakens implementation of the Endangered Species Act (ESA). At issue are Section 7 consultations with endangered species experts at the Fish and Wildlife Service (FWS) and National Marine Fisheries Service, which are currently mandatory for any federal agency where their actions may affect endangered species, even if no negative impacts are likely. For full press release, go to: http://www.abcbirds.org/newsandreports/releases/081211.html

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

Fish and Wildlife Service Proposes Addition of Penguin Species to Endangered Species List

Contact: Craig Rieben – USFWS News Release – December The U.S. Fish and Wildlife Service is proposing to list one penguin species as endangered and five penguin species as threatened under the Endangered Species Act (ESA). The Service also found that three species of penguins do not warrant listing throughout their range and is proposing listing one species as threatened in a significant portion of its range. For full press release, go to: http://www.fws.gov/news/NewsReleases/showNews.cfm?newsId=471BA860-0EA0- 7F90-972F3B8DD9F6E185

Back to Reality – Restoring Science in Government

By Olivia Judson – Blog – New York Times – December 2, 2008 President-elect Obama already has a long to-do list. But here’s another item for it: to restore science in government. The most notable characteristic of the Bush administration’s science policy has been the repeated distortion and suppression of scientific evidence in order to fit ideological preferences about how the world should be, rather than how it is. In his disturbing book “Undermining Science: Suppression and Distortion in the Bush Administration,” the journalist Seth Shulman describes case after case of intimidation of scientists in government posts, the suppression of scientific evidence and the perpetuation of misinformation. For full blog entry, go to: http://judson.blogs.nytimes.com/2008/12/02/back-to-reality/

Obama Embraces 'Green Path' in Stimulus Plan to Aid Environment

ENN (Bloomberg News) – December 2, 2008 President-elect Barack Obama is considering a stimulus package that will include a heavy dose of spending on environmentally friendly projects aimed at creating “green-collar jobs” and saving energy. While the package will focus on short-term outlays for traditional infrastructure projects to jumpstart an economy now officially declared to be in recession, it will also include longer-term measures to safeguard the environment. For full story, go to: http://www.enn.com/top_stories/article/38763

Return to Federal Wetland Programs

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November 2008