STATE PROGRAM SUMMARIES

Two thirds of the United States currently lack regulatory programs that comprehensively address wetlands and isolated wetlands in particular. Of the states that do have regulatory programs, statutes and regulations addressing wetlands and other isolated waters vary substantially.  To further understanding of the various approaches available for developing statutory and regulatory language, we have provided links to statutes and regulations in the states with existing programs at http://aswm.org/swp/statemainpage9.htm

ASWM REPORTS

The SWANCC Decision: State Regulation of Wetlands to Fill the Gap (3/4/04) (PDF)  Model State Wetland Statute to Close the Gap Created by SWANCC (2/22/01) (PDF) Common Questions: State Wetland Regulatory Programs by Jon Kusler and Jeanne Christie, Association of State Wetland Managers, Inc. (06/26/06)

PUBLICATIONS

MT: New Stream Mitigation Procedure for Montana The US Army Corps of Engineers Omaha District is pleased to announce the recent release of the new Montana Stream Mitigation Procedure (MTSMP).   The new MTSMP replaces the previous Draft 2005 version.  The MTSMP does not supersede the new Mitigation Rule found in 33 CFR Part 332; rather, it compliments that rule by providing a swift, clear, and predictable accounting procedure to calculate debits and credits associated with compensatory stream mitigation in Montana.  No compensatory mitigation may be necessary for certain types and/or sizes of projects.  A discussion of projects not requiring mitigation is provided in Appendix D of the MTSMP. Questions and comments should be submitted to Todd Tillinger, US Army Corps of Engineers, Montana Program Manager, 10 West 15th Street, Suite 2200, Helena, Montana 59626. The MTSMP and related information will be available on the Montana Regulatory Program Website at:  http://www.nwo.usace.army.mil/html/od-rmt/mtsmp.html

The States' Definitions of 'Waters of the State' ECOS Green Report – February 2009 States’ definitions are nearly always broader than those of the CWA. State definitions often include phrases like “all surface waters,” or they may exclude certain waters (i.e., “waters within the territorial limits of the states but not in private lakes or ponds”). Most states include “groundwater” as well. To read the full report, go to: http://www.aswm.org/swp/ecos_feb_2009_definitions_of_waters_of_the_state.pdf

KY: New Kentucky Resource on Land Use & Water Now Available: Handbook Aids Communities with Growth and Water Resources The University of Louisville's Center for Land Use and Environmental Responsibility has recently released a handbook, Kentucky Wet Growth Tools for Sustainable Development: A Handbook on Land Use and Water for Kentucky Communities.  The handbook, which is produced electronically in PDF form for widespread dissemination, can be downloaded from http://louisville.edu/landuse/healthy-watersheds-land-use-initiative.html NWF Report: Protecting and Restoring the Kidneys of the Great Lakes: An Assessment of Wetlands Programs in Michigan, Minnesota, Ohio and Wisconsin By Jane Reyer, Coral Wolf, et. al. National Wildlife Federation – July 2009 Executive Summary: http://online.nwf.org/site/DocServer/Wetlands_Report_Executive_Summary. pdf?docID=10662 Full report: http://online.nwf.org/site/DocServer/Wetlands_Report_July_2009.pdf?docID=10661 NWF webpage with summary and links: http://online.nwf.org/site/PageServer? pagename=glnrc_restoration_wetlands_report Next two stories are related. National Wildlife Federation’s Report on Great Lakes’ States’ Wetland Protection Great Lakes Wetlands at Risk Due to Gaps in State, Federal Policy July 7, 2009 http://online.nwf.org/site/PageServer?pagename=glnrc_restoration_wetlands_report How Will Rapanos Affect Us?” By Brian Considine – Michigan Bar Journal – November 2006 Michigan is one of two states (the other being New Jersey) that has assumed administration of Section 404 of the Clean Water Act (CWA).1 In comparison to other states that have separate state and federal wetland permitting programs, Michigan’s assumption of the 404 program streamlines the permitting process for property owners in Michigan. However, as a result of the Supreme Court’s recent decision in Rapanos,2 federal and state regulators are scrambling to figure out its impact on their respective wetland programs. The United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) have jointly issued interim guidance directing their agents and districts on what steps to take in light of Rapanos, and a final guidance document is in progress. This article describes Michigan’s 404 Program and discusses possible effects of the Rapanos decision on the Michigan Department of Environmental Quality’s (MDEQ’s) administration of the 404 program. http://www.michbar.org/journal/pdf/pdf4article1076.pdf Delaware Estuary Report The Partnership for the Delaware Estuary has released its “State of the Estuary Report” (PDF file) in collaboration with EPA, the Delaware River Basin Commission, other agencies, universities, and its 21-member Science and Technical Advisory Committee.  The 36-page report assesses the environmental status and trends of select natural resources in the Delaware Estuary’s watershed, pinpoints what resources need attention, how to improve monitoring capabilities, and how to prepare for new challenges like climate change. To learn more about the report, go to www.DelawareEstuary.org To view the report, go to: http://www.delawareestuary.org/pdf/EstuaryNews/2008/SummerNews08.pdf Great Lakes Regional Collaboration Habitat/Wetlands Initiative: A Progress Report and Call to Action A publication of the Great Lakes Regional Collaboration is now available online. This report describes recent progress since early 2006 to protect and restore wetlands and other habitat across the Great Lakes basin. The report addresses habitat in general, but focuses on wetlands as a particular habitat that has unique stresses and values, and which has been a focal point for collaboration activity. It describes progress in collaboration as well as progress in on-the-ground protection and restoration. The report further describes new tools that have been developed to support our collaborative restoration efforts by providing easy access to information about potential restoration projects and funding sources.  (June 2008) This report can be found at: http://glrc.us/documents/CallToAction06-19-2008.pdf Virginia Water Quality Report Richmond-Times Dispatch – June 16, 2008 State officials have released a six-year study of water quality in Virginia. The state Department of Environmental Quality plans a news conference on June 16th to release the report. It contains an assessment of water quality from January 2001 to December 2006, along with a statewide list of impaired waters. The news conference is scheduled for 11 a.m. at the department's Piedmont Regional Office in Glen Allen. For more information and a link to this draft assessment, visit: http://www.deq.state.va.us/wqa/305b2008.html Twine Line, Publication of the Ohio Sea Grant The Ohio Sea Grant just published its winter 2008 issue of Twine Line. In this issue they address the following topics: Ohio Sea Grant Technology Uses Algae, Sound Waves to Remove Mercury from Lake Erie Sediment; GLROC: New Sea Grant Consortium to Coordinate Regional Research and Outreach; Sea Grant Extension Broadens Outreach Via On Line Discussion Board New Lake Erie Shipwrecks Web Site Promotes Education and Conservation, among other topics. For a direct link to this publication, go to: http://www.ohioseagrant.osu.edu/documents/twineline/v30i1.pdf State Wetland Protection: Status, Trends & Model Approaches The Environmental Law Institute has released a final report of a 50-state study that described and analyzed seven "core" components of state wetland programs: state laws, regulations, and programs; monitoring and assessment; restoration programs and activities; water quality standards; public-private partnerships; coordination among state and federal agencies; and education and outreach activities. This report focuses on status and trends, model programs, and summary data for all 50 states. http://www.elistore.org/reports_detail.asp?ID=11279 Environmental Law Institute’s Multi-Year Study on the "Core" Components of State Wetland Programs State Wetland Program Evaluation: Phase I State Wetland Program Evaluation: Phase II State Wetland Program Evaluation: Phase III State Wetland Program Evaluation: Phase IV ELI Study of State Wetland Programs http://www.eli.org/Program_Areas/state_wetlands.cfm Putting A Price On Riparian Corridors As Water Treatment Facilities By Ann L. Riley, Ph.D., Watershed and River Restoration Advisor, San Francisco Bay Regional Water Quality Control Board, Oakland, CA, Jan. 2008 -- The monetary value of natural riparian environments that provide water quality treatment functions by processing nutrients, storing sediment, moderating temperatures, and other services can be estimated by calculating the costs associated with the construction of brick and mortar water treatment plants built to achieve similar functions. For a direct link to this discussion paper, go to: http://www.aswm.org/putting_price_riparian_corridors_riley_21108.pdf Smart Watershed Benchmarking Tool The Center for Watershed Protectin has released a new tool on CD available in PDF and workbook (CD) versions. Using lessons learned from around the country, this self-assessment tool helps local program managers make better decisions on watershed restoration priorities to maximize the performance of staff and financial resources. For more information, visit: http://www.cwp.org/ Gulf of Maine Council/NOAA Habitat Restoration Partnership Final Report: Saltmarsh Restoration Monitoring Near Pemaquid Beach , New Harbor, Maine December 5, 2007 -- The Pemaquid Salt Marsh is a 6-acre back-barrier marsh located behind Pemaquid Beach in Bristol , Maine . Prior to 2005, the marsh had limited saltwater input due to roadway culverts that restricted tidal flow, which was resulting in the marsh transforming into a brackish wetland. The Pemaquid Salt Marsh Restoration Project was a culvert replacement designed to diminish undesirable brackish plant species and increase native salt marsh vegetation by restoring natural tidal flow. Post-restoration monitoring results from 2005-2007 indicate that there have been substantial favorable changes in the marsh. For a direct link to this report, go to: http://www.pemaquidwatershed.org/images/ Synopsis_PostRestoration.pdf  For a link to the project description and Pemaquid Watershed Association's website, visit: http://www.pemaquidwatershed.org/waterquality.html Vegetation Classification and Mapping of New River Gorge National River , West Virginia Authors: Vanderhorst, J. P., J. Jeuck, and S. C. Gawler. 2007 -- Technical Report NPS/NER/NRTR-2007/092.  National Park Service.  Philadelphia , PA. A vegetation classification and map were developed by the West Virginia Natural Heritage Program for New River Gorge National River following the standards of the U.S. Geological Survey / National Park Service Vegetation Mapping Program. For a direct link to this report, go to: http://www.nps.gov/nero/science/FINAL/ NERI_veg_map/NERI_veg_map.htm  For questions and comments, contact Jim Vanderhorst at the West Virginia Natural Heritage Program at jimvanderhorst@wvdnr.gov Classification and Conservation Assessment of High Elevation Wetland Communities in the Allegheny Mountains of West Virginia Authors: E.A. Byers, J. P. Vanderhorst, and B. P. Streets. 2007. West Virginia Natural Heritage Program, Wildlife Resources Section, West Virginia Division of Natural Resources. Elkins, WV. Wetland communities above 730 meters (2400 feet) elevation in the Allegheny Mountain region of West Virginia are characterized by exceptionally high biodiversity and conservation value. A new ecological system for the High Allegheny Wetlands and 41 wetland associations were classified, ranked for conservation purposes, and published in the National Vegetation Classification. For a direct link to this publication, go to: http://www.wvdnr.gov/publications/PDFFiles/High%20Allegheny%20 Wetlands-web.pdf ELI Publishes Report on Exploring Opportunities to Integrate State Wildlife Action Plans with State Wetland Mitigation and Restoration Programs ELI has published a report from a workshop: Explore Opportunities to Integrate the State Wildlife Action Plans into Improved Wetland Conservation and Restoration, including audio recordings, PowerPoint presentations, and related documents, are available on ELI’s website at http://www.eli.org/pdf/joint_meeting/ELI%20Workshop%20Final%20 Report.pdf 2007 UHN Stormwater Center Report Now Online The University of New Hampshire Stormwater Center 2007 Annual Report is now available online: http://ciceet.unh.edu/unh_stormwater_report_2007/index.php Produced in partnership with the Cooperative Institute for Coastal and Estuarine Environmental Technology (CICEET), this publication contains performance data on the ability of stormwater treatment systems to treat water quality and manage water quantity. To manage stormwater in a way that prevents flooding, protects infrastructure, and safeguards human and environmental health, coastal communities require science-based, independent information on the performance of stormwater treatment systems. The CICEET-sponsored UNH Stormwater Center is unique in its ability to conduct such evaluations in a side-by-side setting. Its field site is designed ot test a range of stormwater treatment systems, from lowimpact development approaches to manufactured devices. This report is one of several tools the enter uses to communicate the results of its research to coastal communities interested in designing stormwater projects that protect water resources and improve resilience in a time of rapid development and more frequent and intense storms. In response to stakeholder feedback, the 2007 report includes information on the land use settings in which the evaluated systems are typically deployed, the type of application to which they are best suited, installation costs, and maintenance. If you have a suggestion for improving next year's report, please take a few minutes to fill out this online survey: http://survey.unh.edu/surveycat/surveys/survey406_unhsc2007.htm Salt Marsh Booklet Released by Gulf of Maine Council Salt marshes remove pollution from the water, provide food and shelter for fish and birds, protect the shoreline from erosion, and perform other valuable roles in the ecosystem. However, 75 percent of salt marshes in New Brunswick and Nova Scotia and 37 percent in New England states have been destroyed. A new booklet, Salt Marshes in the Gulf of Maine: Human Impacts, Habitat Restoration, and Long-term Change Analysis offers a reader-friendly look at the ecology of these vital coastal wetlands and ways to bring them back to health. The booklet can be downloaded in PDF format, and hard copies are available upon request. For more information and to obtain the booklet go to, http://www.gulfofmaine.org/saltmarsh/ Dam Removal and the Wetlands Regulations in MA This document, available on Mass DEP's website, provides guidance for conservation commissions and the Department of Environmental Protection, as the permitting authorities, in the application of the Massachusetts Wetlands Protection Act and its regulations. For more information, obtain a copy of this document at: http://www.mass.gov/dep/water/laws/policies.htm#dam

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NEWS

AUGUST

ME: Engineer: Plugging a hole, culvert to fix wetlands By Mechele Cooper – Kennebec Journal – August 26, 2010 Plugging a hole in a berm and replacing a culvert under a driveway will restore damaged wetlands on Windsor Road, an engineer says. Jim Coffin of E.S. Coffin Engineering & Surveying Inc. in Chelsea has designed a restoration plan to repair wetlands drained during a project meant to prevent the road from flooding. For full story, go to: http://www.kjonline.com/news/engineer-plugging-a-hole-culvert-to-fix-wetlands_2010-08-25.html

NC: Wading through the wetlands By Barbara Hootman – Black Mountain News – August 26, 2010 “Wading through Wetlands” was a recent program presented at the Swannanoa Library and the Black Mountain Library for young children. The program is the traveling North Carolina Museum of Natural Science, with the mission of bringing the museum to the people. For full story, go to: http://www.citizen-times.com/article/20100825/BlackMountainNews 0103/308250011/1007/COLUMNISTS

MD: Navy vow to aid Chesapeake Bay cleanup By Alex Dominguez – Associated Press – August 26, 2010 Military leaders pledged Wednesday to do their part in using more hybrid vehicles and reduce polluting runoff from big bases near the Chesapeake Bay, vowing to lead by example on a federally mandated cleanup of the waterway. Navy Secretary Ray Mabus, EPA Administrator Lisa Jackson, and Gov. Martin O'Malley joined commanders of Bay area bases at the Naval Academy on Wednesday to brainstorm on a call for federal government entities to play a prominent role in the cleanup. For full story, go to: http://www.wishtv.com/dpps/military/Navy-chiefs-vow-to-go-green-to-aid-Bay-cleanup_3563164 For a story about bacteria in Chesapeake Bay, see: Bacteria in bay cause skin and blood infections, intestinal illness http://www.washingtonpost.com/wp-dyn/content/article/2010/08/24/AR2010082405905.html

MT: MATL wants OK to work near wetlands By Karl Puckett – Great Falls Tribune – August 26, 2010 The developer of a high-voltage power line that was awarded a state permit almost two years ago is seeking an amendment allowing construction activity within 50 feet of wetlands, which the state says would increase its environmental impact. For full story, go to: http://www.greatfallstribune.com/article/20100826/NEWS01/8260308/MATL-wants-OK-to-work-near-wetlands

NC: Ducks Unlimited & Partners Complete North Carolina Coastal Wetlands Project AmmoLand.com – August 26, 2010 Ducks Unlimited and partners recently completed wetlands restoration work in east-central North Carolina funded in part by a North American Wetlands Conservation Act (NAWCA) grant. “This project focuses on enhancing emergent estuarine habitat, a decreasing wetland type,” said Craig LeSchack, Ducks Unlimited director of conservation programs. “These wetlands provide feeding habitat for many wetland-dependent species including migrating and wintering waterfowl in the Atlantic Flyway, neotropical migrants and other migratory and non-migratory waterbirds.” For full article, go to: http://www.ammoland.com/2010/08/26/ducks-unlimited- north-carolina-coastal-wetlands-project/

NY: EPA Issues Order to Tonawanda Coke for Clean Water Act Violations Contact: Elias Rodriguez – EPA News Release – August 26, 2010 In its ongoing efforts to require Tonawanda Coke Corporation (TCC) to comply with environmental regulations, the U.S. Environmental Protection Agency (EPA) has ordered the coke manufacturing facility to comply with its Clean Water Act permit.  Among other violations, TCC is discharging industrial wastewater containing cyanide in excess of its permit limits into the town of Tonawanda’s sanitary sewer system, which ultimately discharges into the Niagara River from the town’s wastewater treatment facility. Cyanide is a toxic chemical compound, and excessive amounts may adversely impact human health, fish and wildlife. EPA is also ordering TCC to properly monitor and treat the wastewater that results from the coke-making process. For more information, go to: http://www.epa.gov/region02/capp/tonawanda.html

OH: Guest Column: Visiting Beaver Marsh through scientists' eyes By Jennie Vasarhelyi - Cuyahoga Valley National Park – August 25, 2010 This summer, when you visit the Beaver Marsh in Cuyahoga Valley National Park, you may see staff or volunteer citizen scientists collecting data as part of major initiative to measure "vital signs" at national parks around the country. Measuring vital signs involves taking inventory and monitoring. While the inventory provides a snapshot of the natural resources, monitoring tracks the health of the natural resources across time. For full story, go to: http://www.the-news-leader.com/news/article/4882878

NJ: Opinion: Loss Of Nature Threatens Area Neighborhoods By Jun Zhong – NJ Today – August 25, 2010 I am writing to express my outrage that one of the few nature areas we have left is being paved over. The woods and wetlands comprising much of the D’Annunzio property in the Dismal Swamp are being bulldozed for more overdevelopment. The surrounding neighborhood along Park Avenue in South Plainfield and Edison has already seen flooding drastically increase over the past decade every time a new development is built. The State of New Jersey recognizes this importance of the Dismal Swamp and designated the entire area as New Jersey’s newest Preservation Area. Yet the Borough of South Plainfield is going against this new law and allowing its zoning board to hear this proposal.  For full opinion, go to: http://njtoday.net/2010/08/25/loss-of-nature-threatens-area-neighborhoods/

MN: Op: Should Congress strengthen the Clean Water Act? Yes: Clean water is a priority By Darrell Gerber – Opinion – Deluth News Tribune – August 25, 2010 Watching the tall ships float through the Duluth-Superior Harbor this summer reminded me of how much we depend on our natural environs. The wind that filled the ship’s sails and the water on which they rode are critical but fickle partners in their journey. The large sailing ships may be no more than a novelty today, but the health of Lake Superior is still critical for our communities. For full opinion, go to: http://www.duluthnewstribune.com/event/article/id/177128/group/Opinion/

VA: State opposed to wetlands scheme By Cortney Langley – The Virginia Gazette – August 25, 2010 Virginia’s environmental agency has joined more than 200 citizens opposed to banking the wetlands at Lake Powell. The Army Corps of Engineers recently solicited public comment on the wetlands bank. Around 200 citizens filed more than 400 pages of opposition, compared to only one letter of support. The opposition was bolstered by the official stance of the Virginia Department of Environmental Quality. The agency is concerned that the lake owners no longer own all of the land that they want to bank, since the lake is drained. Homeowners have seized on a 1996 court ruling that the boundaries of the lake are based on where “the water ordinarily and usually” meets the surrounding lot. Since the lake has receded, some homeowners are claiming extensions of their lots. For full story, go to: http://www.vagazette.com/articles/2010/08/25/news/doc4c743fbdacf4e421667934.txt

MN: 7,504 Acres of Wetlands and Grasslands to be Restored The Farmer – August 24, 2010 Private landowners working with their local Soil and Water Conservation Districts and NRCS offices will be busy restoring 7,504 acres of wetlands and grasslands in Minnesota through the RIM-WRP program. A total of $8.37 million in state funds was available, including $6.895 million from the Outdoor Heritage Fund, based on a recommendation by the Lessard-Sams Outdoor Heritage Council. Those state dollars made it possible to leverage $13.75 million in federal dollars through the NRCS Wetlands Reserve Program. http://mobile.the-farmer.com/main.aspx?ascxid=cmsNewsStory&rmid=0 &rascxid=&args=&rargs=9&dt=634184228864181250&cmsSid=41381&cmsScid=9

WA: PACIFIC TOPSOILS, INC. v. FORMAN Court of Appeals of Washington, Division Two – August 24, 2010 PTI, a soil processing company, owns property on Smith Island in Snohomish County. Smith Island has large areas of historically documented wetlands. A wetland study previously performed on Smith Island described it as a "mosaic of wetlands." Pacific Topsoils, Inc. (PTI) appeals from a Pollution Control Hearings Board (Board) order upholding fines assessed against PTI by the Washington State Department of Ecology (DOE) for filling wetlands without proper permits. For full case, go to: http://www.leagle.com/unsecure/page.htm?shortname=inwaco20100824b34

IA: Weather-related disasters: The new normal? By Richard Doak – Des Moines Register – August 22, 2010 People have noticed that "100-year floods" seem to be soaking Iowa every couple of years lately. If there was any doubt that we are living through an extraordinary era in the Earth's history, this extraordinary year should dispel it. When what is supposed to happen on average once a century begins to happen every other year, something has changed. Welcome to post-climate-change Iowa. In Iowa after climate change, torrential summer downpours are the usual, not the exception. http://www.desmoinesregister.com/article/20100822/OPINION01/8220306/1/sitemap/ Weather-related-disasters-The-new-normal?-

LA DNR Coastal Zone Boundary Study Released CSO Weekly Report – August 2010 On August 18, 2010, the Louisiana Department of Natural Resources’ (DNR) Office of Coastal Management released the results of a science-based study on the inland boundary of the state’s coastal zone with recommendations on changes to the boundary to ensure it meets the coastal zone management needs of the state and its people. The Louisiana Coastal Protection and Restoration Authority, at the direction of the state Legislature, authorized the comprehensive study and evaluation of the coastal zone boundary by DNR’s Office of Coastal Management in 2009. According to Louis Buatt, Assistant Secretary with DNR’s Office of Coastal Management, the recommended coastal zone boundary changes more accurately reflect the most up-to-date scientific understanding of the complex systems that shape Louisiana’s coast. For more information about the study and recommendations, including the full report, executive summary, and presentation, visit: http://dnr.louisiana.gov/sec/execdiv/pubinfo/newsr/2010/0818ocm-coastal-zone-bound-study.asp

LA: Vanishing marshes dwarf Gulf oil spill By Ken Wells – Washington Post – August 20, 2010 Claude Luke throttles down his 21-foot aluminum work boat. Off to the left, the snout of an alligator disappears near the mouth of a watery gash in the Louisiana marshland. The 51-year-old Cajun crab fishermen is touring the epicenter of an unfolding environmental disaster that dwarfs the BP spill and predates it by decades, according to state scientists and environmentalists. If unchecked, the destruction threatens to undermine the world’s seventh largest estuary and one of the nation’s most important energy corridors. For full story, go to: http://www.theolympian.com/2010/08/20/1341673/vanishing-marshes-dwarf-gulf-oil.html#ixzz0xdBECzr

FWS Proposes Reintroduction of Nonmigratory Whooping Cranes into Southwest Louisiana FWS News Release – August 19, 2010 The U.S. Fish and Wildlife Service announced today in the Federal Register it is seeking public comment on a proposed rule to reintroduce the endangered whooping crane into habitat in its historic range on the state-owned White Lake Wetland Conservation Area in Vermilion Parish, Louisiana. The Service and the Louisiana Department of Wildlife and Fisheries (LDWF) will attempt to establish a non-migratory flock that lives and breeds in the wetlands, marshes and prairies of southwestern Louisiana. If this proposal is approved, the reintroduction effort could begin during early 2011. For more information, go to: http://www.fws.gov/southeast

WA: Ecology helps communities plan for rising sea level By Curt Hart – Washington Dept. of Ecology – August 19, 2010 For the next two years, coastal and Puget Sound communities in Washington will have help available to plan for the long-term effects of rising sea level. Through a partnership of state and federal agencies, Kate Skaggs, a recipient of the prestigious National Oceanic and Atmospheric Administration (NOAA) Coastal Management Fellowship, is working for The Washington Department of Ecology (Ecology) shorelands and environmental assistance program as a resource for local governments wanting and needing help with coastal planning. For full press release, go to: http://www.ecy.wa.gov/news/2010news/2010-207.html

AK: Line drawn: Decision limits federal reach into urban wetlands Fairbanks Daily News Miner – Editorial – August 15, 2010 A Fairbanks company won an important victory earlier this summer that helps set a reasonable high water mark on the federal government’s power to limit development in certain wetlands in Alaska’s communities. Several years ago, Great Northwest Inc. started a tussle with the U.S. Army Corps of Engineers about whether the company needed a permit to continue pulling gravel from its land in south Fairbanks. In June, the company won — hands down. No “dredge and fill” permit is necessary, the court said. U.S. District Court Judge Ralph Beistline issued a summary judgment, meaning the facts of the matter were so clear that he didn’t need a long exchange of arguments to explore the conflict. The corps and the U.S. Department of Justice should dismiss any thought of appeal. Read more: Fairbanks Daily News-Miner - Line drawn Decision limits federal reach into urban wetlands

LA: Many problems linked by one theme - degradation of coastal wetlands By Bob Marshall – Times-Picayune – August 15, 2010 At first glance, three issues percolating in the local outdoor community last week had little in common. An algae bloom that looked like dispersed oil was racing across Breton and Chandeleur sounds. A plan to flood rice fields for ducks in southwest Louisiana made some hunters wonder "Why?" A stiff west wind was pushing water over some roads in Plaquemines Parish. But like almost every story causing concern in coastal Louisiana, when you scratched below the surface, they were linked by a common thread: The destruction and degradation of our coastal wetlands. For full story, go to: http://www.nola.com/outdoors/index.ssf/2010/08/many_problems_linked_by_one_th.htm

KS: A new decision impacting migratory birds Birding Community E-bulletin – August 8, 2010 A federal court decision over dead birds in Kansas oil fields has redefined the coverage of the Migratory Bird Treaty Act. As a result of this decision violators no longer need to intentionally kill the birds to be convicted. The MBTA makes it illegal to hunt, capture, or kill protected migratory birds. Violators can currently be subject to a maximum penalty of $15,000 and six months in prison for a misdemeanor conviction. Apollo Energies, Inc., and Dale Walker were accused of violating the Migratory Bird Treaty Act after bird remains were found in both companies' heater-treaters. These devices are used to distill oil pumped from wells. Both companies had appealed convictions for the deaths of a few birds, including Northern Flicker and Common Grackle. Apollo Energies was fined $1,500 and Walker $500. The 10th Circuit Court of Appeals in late July affirmed these two convictions, one against Apollo and another against Walker. The court ruled that the potential violators could be held responsible even if they didn't intentionally kill any birds. In upholding the conviction against Apollo Energies, the appeals court emphasized that the company acknowledged that it failed to cover some potentially dangerous exhaust pipes as wildlife regulators had suggested following a 2005 inspection. For full Birding Community E-bulletin, go to: http://www.refugenet.org/birding/AugSBC10.html

MI: MI Oil Spill: Media Availability: First Rehabilitated Wildlife to be Released FWS News Release – August 2, 2010 Two rehabilitated soft-shell turtles will be released today into their new home at Binder Park Zoo. The turtles were recovered by wildlife crews as part of the Kalamazoo River/Enbridge oil spill response and stabilized at a wildlife rehabilitation center in Marshall, Mich. For full press release, go to: http://www.fws.gov/news/NewsReleases/showNews.cfm ?newsId=32EBD28C-D957-4B60-B0018853B1EF8C82

La. marshes damaged by oil, but surprisingly resilient By Rick Jervis – USA Today – August 2, 2010 Eddie Adams has meandered through the dark-green marshes of eastern Barataria Bay, 40 miles south of New Orleans, for most of his life, fishing for speckled trout or guiding other anglers through the shallow waterways and bayous. These days, the salt marshes appear as if in intensive care. Rings of white absorbent boom circle islets stained by oil. Each day, teams of workers replace oiled boom, darkened by waves of crude from the troubled well in the Gulf of Mexico. Miles of smooth cordgrass and other marsh plants lie flat and blackened by the steady pummeling of oil. Full story, go to: http://www.usatoday.com/news/nation/environment/2010-08-02-1Amarshes02_CV_N.htm

Archived News Return to Top of Page

JULY

MI: Michigan oil leak polluting Kalamazoo River; Governor declares disaster area By Tim Martin – Christian Science Monitor – July 28, 2010 Southern Michigan residents are learning that devastating oil spills aren't limited to the Gulf Coast. Crews were working Wednesday to contain and clean up an estimated 877,000 gallons of oil that coated birds and fish as it poured into a creek and flowed into the Kalamazoo River, one of the state's major waterways. Michigan Gov. Jennifer Granholm toured the area by helicopter Tuesday night and said she wasn't satisfied with the response to the spill. The leak in the 30-inch pipeline, which was built in 1969 and carries about 8 million gallons of oil daily from Griffith, Ind., to Sarnia, Ontario, was detected early Monday. For full story, go to: http://www.csmonitor.com/From-the-news-wires/2010/0728/Michigan-oil-leak-polluting-Kalamazoo-River-Governor-declares-disaster-area

VA: Va. officials better prepared because of gulf spill By Michael Martz, et.al. – Richmond Times-Dispatch – July 28, 2010 A month after the Deepwater Horizon oil rig erupted in flames and began spewing oil into the Gulf of Mexico, Steve Parker sat down with federal officials to talk about how to protect fragile marshes along Virginia's Eastern Shore. The five-hour meeting, convened in Nassawaddox in late May, gave Parker an opportunity to consider what could happen if crude oil spilled into the Atlantic Ocean and washed into the barrier islands that include the Virginia Coast Reserve. For full story, go to: http://www2.timesdispatch.com/news/2010/jul/28/rigg28-ar-352515/

OR: A reprieve for the land-use system By Oregonian Editorial Board – July 27, 2010 When lawyers describe a judicial ruling as a novel interpretation of the law, they aren't paying the judge a compliment. Novelty is not what judges are going for. But until a ruling is appealed, and the appeal is resolved, it's hard to know how novel is novel. This month, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled, in effect, that federal Judge Owen Panner's interpretation of property-rights Measure 37 is too novel to stand. In eight sentences, the judges knocked it flat. For full editorial, go to: http://www.oregonlive.com/opinion/index.ssf/2010/07/a_reprieve_for_the_land-use_sy.html For the case, go to: A Ninth Circuit U.S. Ct. of Appeals panel unanimously reversed a ruling that Oregon Measure 37 waivers were contracts CITIZENS FOR CONSTITUTIONAL FAIRNESS v. JACKSON COUNTY, No. 09-35653 (9 TH Cir. July 20, 2010) At http://www.ca9.uscourts.gov/datastore/memoranda/2010/07/20/09-35653.pdf Or http://www.leagle.com/unsecure/page.htm?shortname=infco20100720189

Michigan Oil Spill Among Largest In Midwest History: Kalamazoo Spill SOAKS Wildlife (VIDEO) The Huffington Post – July 27, 2010 As the Gulf Coast deals with the worst environmental disaster in U.S. history, the Midwest is now facing an oil spill of its own. A state of emergency has been declared in southwest Michigan's Kalamazoo County as more than 800,000 gallons of oil released into a creek began making its way downstream in the Kalamazoo River, the Kalamazoo Gazette reports. For full story, go to: http://www.huffingtonpost.com/2010/07/27/michigan-oil-spill-among_n_661196.html  For related story, go to: Oil From Michigan Spill Could Threaten Important Wetlands http://www.ducks.org/news/2241/OilFromMichiganSpill.html

WI: Moses Creek redirection begins in Schmeeckle Reserve By B.C. Kowalski – Wausau Daily Herald – July 27, 2010 Construction began Monday on a project that would restore a portion of Moses Creek, which runs through Schmeeckle Reserve, to its original form. Or at least as close as crews can get it. For full story, go to: http://www.wausaudailyherald.com/article/20100727/WDH0101/7270446/Moses-Creek-redirection-begins-in-Schmeeckle-Reserve

LA: Wetland conservation groups ask for navy secretary's help Shreveport Times – July 27, 2010 The America's Wetland Foundation and its environmental and conservation group partners are supporting U.S. Navy Secretary Ray Mabus' position on what to do to protect the Mississippi River Delta region after the BP oil spill is cleaned. http://www.shreveporttimes.com/article/20100727/NEWS01/7270335/1060

CT: Blumenthal: Logger damaging wetlands By Keith Loria – Legal Newsline – July 26, 2010 Connecticut Attorney General Richard Blumenthal is seeking an injunction against a logger over alleged illegal tree harvesting, his office announced on Monday. Blumenthal, in coordination with the Department of Environmental Protection, is seeking a court order against Scott Lee, who has contracts to harvest trees at properties in Bethel, Pomfret and Putnam, but allegedly doesn't have the proper permits to do the work. "We are seeking an immediate court order to stop logging that has already destroyed trees, soil and stream channels on nearly 100 acres of land," Blumenthal said. For full story, go to: http://www.legalnewsline.com/news/228103-blumenthal-logger-damaging-wetlands

AL/GA/MS: Five Star Program Awards Nine Wetland Restoration Grants PR Newswire – July 26, 2010 Southern Company (NYSE: SO), the U.S. Environmental Protection Agency, the National Fish and Wildlife Foundation, the National Association of Counties and the Wildlife Habitat Council today announced that nine new wetland, riparian and coastal conservation grants have been awarded in the Southeast through the Five Star Restoration Program. This year, Southern Company provided $238,303 in grants and, combined with partner matching funds, a total of more than $1,458,000 to restore more than 21 wetland acres and 4,019 feet of riparian buffer across nine projects in Alabama, Georgia, and Mississippi. Cumulatively, since 2006, Southern Company has contributed $1,058,513 through 50 grants across its service area, which will result in an on-the-ground conservation impact of $3.58 million to restore more than 10,000 acres of wetlands and nearly 50,000 feet of riparian buffer in the Southeast. For full article, go to: http://www.prnewswire.com/news-releases/five-star-program-awards-nine-wetland-restoration-grants-99248179.html

MD: Releasing Exotic Species to Fight Invasive Species: Gambling With Mother Nature? By Tom Pelton – Chesapeake Bay Foundation – July 26, 2010 Up and down the street in Prince George’s County, Maryland, ash trees are dead or dying.  The stately hardwoods are being killed by a shiny green beetle from Asia called the emerald ash borer. It’s an invasive species that has wiped out more than 30 million trees since it hitchhiked from China on a shipping crate more than a decade ago. For full story, go to: http://cbf.typepad.com/bay_daily/2010/07/up-and-down-the-street-in-prince-georges-county-maryland-ash-trees-are-dead-or-dying-the-stately-hardwoods-are-being-ki.html

OH: Cullen Park group opposed to Corps of Engineers plans By Aliyya Swaby – Toledo Blade – July 26, 2010 Behind the small lighthouse replica marking the entrance to Cullen Park in Point Place are weeds several feet high, blocking the view of a scenic bay. A community group, Visions for Cullen Park, is trying to persuade the city to get rid of the weeds and extend the adjacent pedestrian pathway to boost the park's tourism appeal, group founder Vee Stader said. For full story, go to: http://toledoblade.com/article/20100726/NEWS16/7250353/0/OPINION

LA: Environmentalists link oil spill response, coastal restoration By Mark Schleifstein - The Times-Picayune – July 26, 2010 Speed the reconstruction of Louisiana's coastal wetlands by tapping offshore oil revenue and dedicating a significant share of any penalties levied against BP, a group of influential national and local environmental groups urged Navy Secretary and Gulf Coast oil spill recovery leader Ray Mabus in a letter published in The Times-Picayune, the Advocate of Baton Rouge, Washington-based Roll Call magazine, and the online publication Politico. For full story, go to: http://www.nola.com/news/gulf-oil-spill/index.ssf/2010/07/environmentalists_link_oil_spi.html

WA: Ecology approves city of Spokane’s updated Shoreline Master Program Spokesman-Review/Washington Dept. of Ecology – July 26, 2010 Washington Department of Ecology’s (Ecology) Director Ted Sturdevant has approved the city of Spokane’s newly updated Shoreline Master Program (SMP) that will protect valuable shorelines for the public and future generations to enjoy. So far, Spokane is the largest city in Washington to have an updated SMP. This approval puts the final stamp on a landmark effort that will significantly increase protection and restoration of water quality in the Spokane River and Hangman Creek. For full press release, go to: http://www.spokesman.com/stories/2010/jul/27/shoreline-program-update-approved/

MD: Agricultural and environmental groups launch new farm stewardship certification program By Ike Wilson – Frederick News Post – July 26, 2010 A new farm stewardship program offers farmers one more avenue to protect the Chesapeake Bay. Members of the agricultural and environmental communities launched the Farm Stewardship Certification and Assessment Program recently and recognized two farmers who are certified in the program. The program recognizes farmers who are good stewards of their natural resources and are using appropriate best management practices to protect the Chesapeake Bay. For full story, go to: http://www.fredericknewspost.com/sections/art_life/display.htm?StoryID=107784

HI: Sen. Inouye: Climate change requires change July 20, 2010 - From the office of Sen. Daniel Inouye: Climate change affects the well-being of our people, the strength of our economy, and the health of our ecosystems. Where we build, what food we grow, and how we maintain our national security are all affected by gradual changes in our climate spurred by natural and man-made causes. Two years ago, I chaired a Senate Commerce Committee hearing in Honolulu on “Climate Change Impacts and Responses in Island Communities.” The increasing pressures of climate change are evident in Hawaii – from rising sea levels to changes in fish populations and coral reefs. We are both vulnerable and susceptible. For full statement, go to: http://www.hawaii247.com/2010/07/20/inouye-climate-change-requires-change/

LA: Louisiana constructing islands in the gulf to aid in oil cleanup By David A. Fahrenthold – Washington Post – July 19, 2010 ON SAND BERM E-4 IN THE GULF OF MEXICO -- In theory, Louisiana's plan to hold back the BP oil spill sounds awe-inspiring, like an ancient myth made possible with oil-company money: To keep out an offshore invader, the state wants to make new land rise from the sea. To read full article, go to: http://www.washingtonpost.com/wp-dyn/content/article/2010/07/18/AR2010071802838.html?wpisrc=nl_headline

AK: Anchorage developer fined for destroying wetlands Fairbanks Daily News-Miner – July 17, 2010 An Anchorage developer has been fined for destroying wetlands and streams on his property, the U.S. Environmental Protection Agency said. David D'Amato has been fined $177,500. The EPA says beginning in 2005, he used heavy equipment at the Hunter Heights subdivision to illegally excavate 1,300 feet of streams. He then filled nearly an acre of wetlands on the 29-acre property in the Bear Valley area with the stream material. For full story, go to: Fairbanks Daily News-Miner - Anchorage developer fined for destroying wetlands

VA: Wetlands cleanup becomes controversial By Oren Liebermann – WAVY – TV News – July 16, 2010 On the banks of the Lafayette River, the spot for a wetlands clean-up will be the scene of a neighborhood dispute. The city approved the area for the Promenade Pointe complex, and developers are bringing in volunteers to clean the environment. "Unfortunately it's out of sight, out of mind," said Dwight Dunton, President of Bonaventure Realty, the developer building the complex. "It's a very beautiful area back there, but it's been neglected." For full story, go to: http://www.wavy.com/dpp/news/local_news/wetlands-cleanup-becomes-controversial

TX: TX Lace Waco Wetlands Go Dry for Improvements By Bonnie Gonzalez – Channel 8 Austin News – July 16, 2010 Even with no water in sight, there is still sounds of life at the Lake Waco Wetlands. Not only are the crickets chirping, but plants are green despite the lack of water in the area. The wetlands' dry environment was created intentionally. For full story, go to: http://www.news8austin.com/content/headlines/272652/lake-waco-wetlands-goes-dry-for-improvements

MO: Landowners strengthen Missouri wetlands to help birds affected by Gulf spill By Alison Reber – Kansas City Environmental News Examiner – July 16, 2010 Missouri landowners have until Aug. 1 to join a federal initiative to help migratory birds whose winter habitat has been damaged by the Deepwater Horizon oil spill. The USDA Natural Resources Conservation Service (NRCS) recently unveiled the Migratory Bird Habitat Initiative (MBHI). For full story, go to: http://www.examiner.com/x-28239-Kansas-City-Environmental-News-Examiner~y2010m7d16-Landowners-strengthen-Missouri-wetlands-to-help-birds-affected-by-Gulf-spill

NJ & DE Series: Program worth Watching By Susan Kennedy – NJ.com – July 2nd  – 18, 2010 To better understand the level of protection being afforded the Delaware Bayshorearea, the Coastal Ocean Coalition recently sponsored a detailed analysis of the Delaware Bay and Estuary. Released two weeks ago and available for download at http://www.shore11.org/delawarebayreport the analysis recognizes the ecological significance of the  Delaware Bay and Estuary, provides an overview of the state and federal statutes that mandate the protection of this resource, and engages in a comprehensive review of the programs put in place by the states of New Jersey and Delaware to carry out these mandates. http://blog.nj.com/njv_susan_kennedy/2010/07/programs_worth_watching.html#incart_rh Programs that Need Fixing: Part I http://blog.nj.com/njv_susan_kennedy/2010/07/programs_worth_fixing.html#incart_rh Programs that Need Fixing: Part II http://blog.nj.com/njv_susan_kennedy/2010/07/programs_that_need_fixing_part_ii.html#incart_rh

MN: Moist soils project provides beneficial wetland habitat for ducks, shorebirds By Brad Dokken – Grand Forks Herald – July 10, 2010 Trying to practice conventional farming on low ground is a challenge during wet years, so managers of the Roseau River Wildlife Management Area in northwestern Minnesota are working to turn the negative into a positive by making the land more attractive for ducks and shorebirds. The 75,000-acre WMA has established a half-dozen “moist soils” habitat sites on 110 acres near refuge headquarters that in recent years has been too wet to grow crops. For full article, go to: http://www.grandforksherald.com/event/article/id/168260/

HI:  New Pamphlet & Poster on Hawaii’s Wetlands July 1, 2010 - The Hawaii State Department of Land and Natural Resource’s Division of Forestry and Wildlife has recently released the first wetland information pamphlet and poster for Hawaii.  Designed to inform the public and schoolchildren about Hawaii’s unique but threatened wetlands, the pamphlet is engaging and informative.  It includes a definition of wetlands, wetland types found in Hawaii, native wetland species, threats to wetlands, and action steps for protection.  The wetland posters contain some of the brochure information in a visual format that’s ideal for school classrooms and public places.  These new informational materials were funded by the Pacific Coast Joint Venture (PCJV) and developed with assistance from the Hawaii Wetland Joint Venture, the state arm of the PCJV.  Access to the materials can be viewed, and downloaded, on the PCJV website at:  http://pcjv.org/hawaii/wetlands/  To learn more about the conservation role of the PCJV go directly to www.pcjv.org

Archived News Return to Top of Page

JUNE

NY: Suit Challenging Wetlands Law Ends By Matt Dalen – Lewisboro Ledger – June 11, 2010 One of the most prominent lawsuits in the history of the town of Lewisboro has ended, not with a bang, but with a whimper, as the so-called “wetlands lawsuit,” which had challenged the constitutionality of the town’s wetlands law, missed the opportunity for a final appeal last month. Plaintiffs missed their deadline to apply for Supreme Court review, ending a five-year-long ordeal that had played a prominent role in Lewisboro politics. For full story, go to: http://www.acorn-online.com/joomla15/lewisboroledger/news/localnews/61359-suit-challenging-wetlands-law-ends.html

IN: Daniels adds to wetlands preservation plan By Mary Beth Schneider – Indiana Star – June 11, 2010 For the second day in a row, Gov. Mitch Daniels has announced a major effort to preserve more Indiana wetlands. This morning, Daniels said the state would target more than 25,600 acres along the Muscatatuck River in Scott, Jackson and Washington counties. For full story, go to: http://www.indystar.com/article/20100611/NEWS05/6110402/Daniels-adds-to-wetlands-preservation-plan

CT: Norton rejects wetlands law again By Michael Gelbwasser – Sun Chronicle – June 11, 2010 Voters have sunk a local wetlands protection bylaw for the second time. Wednesday night's annual town meeting vote followed a heated debate in which conservation officials insisted that critics were misleading the public about the bylaw's implications. Commissioners contend the bylaw would better protect Norton's drinking water, groundwater and wildlife habitats. For full story, go to: http://www.thesunchronicle.com/articles/2010/06/11/news/7522287.txt

MD: Raising Awareness of the Bay Through Open Water Swimming On June 13, 2010, approximately 600 swimmers of all ages will once again attempt to swim across the Chesapeake Bay. The annual event is one of the premier open water events in the United States covering a 4.4 mile course swum mostly between the two spans of the Chesapeake Bay Bridge. In addition to providing a venue for a top open water event, the Bay Swim also provides a platform to raise awareness of the Chesapeake Bay and to promote efforts to aide in its restoration. For full story, go to: http://www.buildingagreenmaryland.com/2010/06/articles/chesapeake-bay/raising-awareness-of-the-bay-through-open-water-swimming/

SD: Greater threat to wetlands is development By Jeannette Eichacker-McVay – Argus Leader – June 9, 2010 It was interesting to note in John Pollmann's column in the June 2 Argus Leader regarding installing drain tile in farm ground that there was no mention of non-agricultural development usurping wetlands. Just look in any direction around Sioux Falls and note building expansion going on - in swamps. The same is true of Tea and its surrounding developments. For full opinion, go to: http://www.argusleader.com/article/20100609/VOICES05/6090320/1052/OPINION01

CA: Trade for Degraded Wetlands Complete By Harry Saltzgaver - Grunion Gazette – June 9, 2010 Long Beach now is the proud owner of 34 acres of degraded wetlands property in east Long Beach. Friday saw the close of escrow in a land trade that gave the city the property south of Second Street and east of the Pacific Coast Highway in exchange for 11 acres in industrial west Long Beach that was part of the city's public service yard on San Francisco Avenue. For full story, go to: http://www.istockanalyst.com/article/viewiStockNews/articleid/4196888

IA: UNI wetlands slow to take root By Jon Ericson – WCF Courier – June 8, 2010 A year after native species were planted at the new flood retention/nature area north of the UNI-Dome, the same questions get asked. The most general query runs along the lines of "what the heck is it?" But others stem from a misperception that the flood control/wetlands project would be shaped into a traditional park. "There's still the notion out there where people wonder where's the swingset and playground equipment?" said Paul Meyermann, head of facilities planning at the University of Northern Iowa. For full story, go to: http://wcfcourier.com/news/local/article_a3f97229-e8e8-5c92-99b9-5d6888966a26.html

WA: Dept of Ecology seeks public input about state’s aquatic plant and algae permit Washington Dept. of Ecology – June 8, 2010 The Washington Department of Ecology (Ecology) is holding an open house in Tacoma to gather input about what works and doesn’t work with the state’s current aquatic plants and algae permit. The open house marks the beginning of a public process to update the permit. The Aquatic Plant and Algae Management General Permit covers the discharge of products used to control aquatic plants and algae in Washington lakes. The permit also allows treatment of nuisance emergent plants along roadsides and ditch banks. For full article, go to: http://www.ecy.wa.gov/news/2010news/2010-133.html

FL: BP oil spill clean up: Fearful Florida authorities take matters into their own hands to save beaches By Maryann Tobin – Hernando County Examiner – June 8, 2010 In the Panhandle city of Destin, Florida, community leaders fearing an invasion of oily tar balls on their white sand beaches, have taken matters into their own hands. City tourism director Dawn Molentaro had asked BP for help in protecting Destin's white sand beaches 3 weeks ago, but her requests fell on deaf ears. So community leaders took matters into their own hands and set up their own booms. For full story, go to: http://www.examiner.com/x-17299-Hernando-County-Political-Buzz-Examiner~y2010m6d8-BP-Oil-spill-clean-up-Angry-Florida-authorities-take-matters-into-their-own-hands-to-save-Florida

Archived News Return to Top of Page

MAY

LA: Despite Leak, Louisiana Is Still Devoted to Oil By Campbell Robertson – New York Times – May 22, 2010 In a state that is particularly sensitive to the health of its coastal wetlands, which serve as a barrier against hurricanes, such an attitude might seem odd — even self-defeating. To read full article, go to: http://www.nytimes.com/2010/05/23/us/23drill.html

WI: Two Wetland Bills Pass Legislation May 19, 2010 – Wisconsin Wetlands Association On May 18, 2010, Governor Doyle signed two important wetland bills into law. One will help reduce unauthorized wetland fill, while the other will help Wisconsin leverage more federal funding for wetland restoration projects. Both address long-standing wetland problems. For full story, go to: http://www.wisconsinwetlands.org/legislation.htm

CT: Lack of training a continuing problem for some town wetland boards

By Matthew Brown – Connecticut Mirror – May 17, 2010 Having an application pending before a municipal inland wetlands commission can be an exercise in pure frustration. At times, simple requests to build a deck, a shed or a garage on one's own property can turn into protracted, off topic discussions or arguments over the development of what a property owner may consider a wet piece of property of little value, but a commission considers a vernal pool. And by 2006, according to the Connecticut Council on Environmental Quality, the headaches and misunderstandings were becoming too frequent and painful to ignore. For full story, go to: http://www.ctmirror.org/story/5952/lack-training-problem-some-town-wetland-agencies

CA: Dwindling visitor population doesn't stop wetlands docents

By Louis Sahagun – Los Angeles Times – May 16, 2010 At this month's open house, only a handful show up to see the Ballona Wetlands' rare wildlife and scenic vistas. "Most people don't know this place even exists. But they should," a volunteer says. A dozen conservationists gathered at the Ballona Wetlands Ecological Reserve on Saturday to introduce visitors to the natural rhythms of life in some 600 acres of restored marshlands that are laced with brackish rivers and hiking trails. For full story, go to: http://www.latimes.com/news/science/environment/la-me-ballona-20100516-20,0,3525129.story

NY: Refuge a great place to observe, enjoy nature

By Leo Roth – Democrat & Chronicle – May 16, 2010 The Montezuma Wetlands Complex, historically known as the Montezuma Marsh, has lost 70 percent of its original habitat due to development and agriculture. Still, it provides a major staging, resting and feeding area for thousands of migratory waterfowl, shore and songbirds along the Atlantic Flyway. For full story, go to: http://www.democratandchronicle.com/article/20100516/SPORTS0103/5 160370/1007/SPORTS/Refuge-a-great-place-to-observe--enjoy-nature

DE: Native Delaware: Benefits of designed wetland are many

By Margo McDonough – Native Delaware – May 16, 2010 Several times a week, Chad Nelson begins his workday with a trek through a wetland near his Townsend Hall office on UD's Newark campus. With spring in full swing, he enjoys the sight of the butterflies, migratory songbirds, mallard ducks and their ducklings, frogs and tadpoles that make the wetland their warm-weather home. For full story, go to: http://www.delawareonline.com/article/20100516/LIFE/5160309/ Benefits+of+designed+wetland+are+many

SC: Wetlands species presents ID challenge to botanists

By John Nelson – Aiken Standard – May 15, 2010 Wetlands are natural habitats featuring, obviously, some water. Sometimes a lot of water. They come in many varieties, and they provide home for a huge array of plant and animal species. Across North America, unfortunately, many kinds of wetlands are becoming increasingly rare, as they have commonly fallen victim to urbanization and landscape manipulation. Of course, when wetlands are sufficiently disturbed or destroyed, their resident plants and animals also suffer, commonly disappearing. In the last two decades, more research has focused on the plight of wetlands and to efforts protecting them. We would do well to make sure that legislation and public awareness remain to safeguard these precious habitats, in all their diversity. For full article, go to: http://www.aikenstandard.com/FeatureColumns/0516-mystery-plant-column

IN: Notebook: View nature up-close at Camp Scott wetlands

Fort Wayne Journal Gazette (blog) – May 14, 2010 Fort Wayne’s Camp Scott wetlands will be open to the public on Thursday, May 20, from 2:00 – 7:00 PM with activities for all ages. Visitors can wander the wetlands or go on a wildflower identification walk, see a demonstration of water quality testing, learn to make compost or participate in other activities. Camp Scott is located at 3615 Oxford Street. The Camp Scott constructed wetlands stores stormwater during rainy periods then releases it to the Maumee River after the storm sewer system has emptied. In addition to providing stormwater storage, the wetlands provide habitat for fish and wildlife. Wildlife seen at Camp Scott includes owls and other birds of prey such as hawks and falcons. For full blog, go to: http://www.journalgazette.net/article/20100514/BLOGS21/100519729

WA: State asks, what are the most popular saltwater beaches?

Dept. of Ecology News Release – May 14, 2010 What are Washington's most popular saltwater beaches? The state wants to know so it can test the water for pollution-caused bacteria that can make people sick. The state BEACH (Beach Environmental Assessment, Communication and Health) Program notifies the public when bacteria results are high, and educates people about what they can do to avoid getting sick from playing in saltwater. The program is jointly coordinated by the Departments of Ecology and Health. It is implemented by local health agencies, tribal nations and volunteers. This summer, the federally funded program proposes to monitor 52 of the state's most popular saltwater beaches. The number is down from 70 beaches it monitored last year and 53 the year before. For full story, go to: http://www.ecy.wa.gov/news/2010news/2010-115.html

LA: Work continues aimed at keeping slick out of wetlands

By John DeSantis – Daily Comet – May 13, 2010 A 200-yard streak of oil was confirmed on a Terrebonne Parish barrier island Wednesday, and authorities are trying to confirm whether information about oil on two other Louisiana islands is correct. The confirmation of oil on Whiskey Island brings to three the areas where oil has been confirmed by assessment teams in connection with the Deepwater Horizon oil leak in the Gulf of Mexico. The others are South Pass, off Plaquemines Parish, and the Chandeleur Islands, near the state's eastern border. For full article, go to: http://www.dailycomet.com/article/20100513/ARTICLES/100519633/1292?p=1&tc=pg

DE: Wetland program reaches milestone

By Nick Roth – Delmarva Daily Times – May 13, 2010 Twenty years after its start, the Adopt-A-Wetland program has inspired more than 3,000 people to get involved and improve water quality throughout the state. Marlene Mervine of the state Department of Natural Resources and Environmental Control said the program recently recorded its 100th adoption. "It's just a wonderful opportunity for people to feel as though they're making a difference for Delaware," she said. For full story, go to: http://www.delmarvanow.com/article/20100513/NEWS01/5130373

NY: Toxic threat to nature's nursery?

By Allie Wilkinson – LI Herald – May 13, 2010 Part one of a two-part series. Imagine building an incinerator next to a hospital nursery. That, critics say, is about what the Village of Freeport would be doing if it were to build a $550 million waste-to-energy incinerator alongside a wetland in south Freeport, near the Merrick border. Plans for the facility appear in doubt (see related story, "What's up with Freeport's incinerator plans?"). But if eventually approved, the project could have serious consequences for the local environment and human health. Full story, http://www.liherald.com/detail/24945.html?content_source=& category_id=5&search_filter=&event_mode=&event_ts_from= &list_type=&order_by=&order_sort=&content_class=&sub_type=&town_id=

TN: Cumberland River Crest Highest in 73 Years

Contact: Rodney Knight – USGS News – May 13, 2010 Rivers throughout middle Tennessee crested at record high levels last week.  They exceeded previous highs at many streamgages by as much as 14 feet, according to preliminary estimates released today by the U.S. Geological Survey (USGS).   The highest flood levels were recorded on May 2 and 3, from Nashville west toward Jackson, extending about 40-miles north and south of Interstate 40, and affecting major tributaries to the Cumberland and Tennessee Rivers. For full article, go to: http://www.usgs.gov/newsroom/article.asp?ID=2461 For a related article, go to: In-depth report: Army Corps of Engineers struggled with dams, forecasts http://www.tennessean.com/article/20100509/NEWS01/5090355/-1/nsitemapXML/In-depth-report--Army-Corps-of-Engineers-struggled-with-dams--forecasts

LA: River water pours into wetlands to avert oil

Associated Press – May 13, 2010 There's now enough Mississippi River water pouring into Louisiana's wetlands to fill the Superdome once an hour, in hopes of avoiding oil from the Gulf of Mexico spill. Authorities opened all eight gates at the Bayou Lamoque freshwater diversion in Plaqemines Parish on Thursday. Seven diversion projects, created to rebuild wetlands with silt, now funnel fresh water into wetlands in hope of pushing away oil that might enter them. Bayou Lamoque spreads into wetlands next to Black Bay and Breton Sound at the rate of 12,500 cubic feet - or 93,500 gallons - every second. That alone could fill the Superdome in less than three hours. About 34,550 cubic feet of water per second are flowing through the seven projects in St. Charles, St. Bernard and Plaquemines parishes. For a link to this story, go to: http://www.wxvt.com/Global/story.asp?S=12479823

IN: Wetland mitigation improves Jordan River

By Hannah Spencer – Indiana Daily Student – May 12, 2010 The expansion of the Eigenmann Hall parking lot is not only diminishing the time students will spend circling parking lots, but also part of the Jordan River, which runs through where the new pavement is set to be poured. To help compensate for this loss of the natural wetlands, IU has hired local sub-contractor Eco Logic to design a stream mitigation project along the Jordan River near the Wright Education Building and the Jordan Avenue Garage. According to IU Environmental Health and Safety Specialist Michael J. Dorsett, it is a requirement for the University to mitigate the stream disturbance. The mitigation site is already blooming, and Eco Logic is confident the local ecosystem will continue to thrive. For full article, go to: http://www.idsnews.com/news/story.aspx?id=75700

TN: Calvin Donaldson Dedicates 'Wetlands' Living Classroom

By Jose Ocando – Chattarati – May 12, 2010 Community members gathered Tuesday at Calvin Donaldson Environmental Science Academy (CDESA) to dedicate the newly completed Wetlands living classroom. Becky Coleman, CDESA principal, thanked members of the community who were instrumental in the building of the project, including the Tennessee Valley Authority’s Partners in Education, the Hamilton County School Board — particularly board members Linda Mosley and George Ricks — the Hamilton County Water Quality Program, Chattanooga State, Earthscapes, and Engineered Verdant Solutions (EVS). For full story, go to: http://chattarati.com/neighborhoods/st-elmo/2010/5/12/calvin-donaldson-dedicates-wetlands-living-classro/

CA: Wetlands defender honored after death

By Britney Barnes – Daily Pilot – May 11, 2010 Jan Vandersloot, a founding member of the Bolsa Chica Land Trust, will be honored posthumously for his dedication to preserving the Bolsa Chica Wetlands. The late Newport Beach resident on Sunday will be recognized as an outstanding wetlands community leader by the Environmental Law Institute in Washington, D.C. The award is part of the National Wetlands Awards Program that honors six individuals who have contributed to the preservation of the country’s wetlands through education, restoration or activism. For full story, go to: http://www.dailypilot.com/articles/2010/05/11/features/dpt-vandersloot051210.txt

CA: Bill to fund efforts to restore bay's wetlands

By Carolyn Jones – San Francisco Chronicle – April 23, 2010 A 20-year wish list of San Francisco Bay wetlands restoration projects would finally receive funding under a $1 billion federal bill introduced by a Bay Area congresswoman. The San Francisco Bay Improvement Act of 2010 by Rep. Jackie Speier, D-Hillsborough, would fund the restoration of thousands of acres of bay marshes that were filled in or destroyed by levees and other projects in the last century. For full story, go to: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/04/22/MN4O1D2VOC.DTL#ixzz0lxKFuKM\

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APRIL

FL: County considers wetland guidelines By Jim Waymer – Florida Today – April 20, 2010 Brevard County commissioners today plan to discuss lifting density restrictions on commercial and industrial development along the St. Johns River, freshwater lakes and freshwater tributaries to the Indian River Lagoon. For full story, go to: http://www.floridatoday.com/article/20100420/NEWS01/4200327/1006/County +considers+wetland+guidelines

LA: New Baton Rouge Area Mitigation Bank Now Online – Over 185 Acres of Wetlands Conserved and Protected Contact Kate Wilson – Resource Environmental Solutions/Business Wire – April 20, 2010 First Louisiana Resource, L.L.C. (FLR) a subsidiary of Resource Environmental Solutions L.L.C. (RES), has received approval of the Comite Properties mitigation project located in the Baton Rouge area. The Comite Properties Wetlands Mitigation Bank covers two tracts of land and permanently conserves 185.3 acres in East Baton Rouge Parish, east of Zachary, Louisiana adjacent to the intersection of Milldale Road and Peairs Road. The mitigation bank primarily services the USGS Cataloging Unit 08070202 which covers more than 1,281 square miles and includes portions of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, and St. Helena parishes. For full press release, go to: http://www.businesswire.com/portal/site/home/permalink/ ?ndmViewId=news_view&newsId=20100420006784&newsLang=en

UT: Opinion: McEntee: Let's not lose the wetlands By Peg McEntee – Salt Lake Tribune – April 20, 2010 Stop on the side of I-80 west of the airport and take a look northward at what seems like a whole lot of nothing dotted with cattle and the occasional broadcast tower. What you won't see from that vantage are birds -- from avocets to harrier hawks, ducks and geese and swans and stately herons -- and the bugs that keep them coming. Right now, this sliver of the Central Flyway is a vast maternity ward, where young are hatched and educated before the great migration south is completed. And Salt Lake City wants to build a mini-SLC out here? At least 70,000 people (just eight miles from downtown!) atop alkaline mud, nasty old landfills and the dust from Kennecott mine tailings. And all too close to the Great Salt Lake, which during the floods of the early 1980s broached the freeway. For full opinion, go to: http://www.sltrib.com/news/ci_14915910

OR: Projects to help offset impacts to wetlands from development Contact: Dana Hicks – Oregon Department of State Lands – April 20, 2010 Oregon’s work to gain federal recognition of a new wetland mitigation option has paid off with the approval of two new projects recently started on the Salmon River near Lincoln City and on a working farm near Forest Grove.  Oregon was the first state in the nation to receive federal approval for the In-Lieu Fee Program (ILF) under 2008 federal mitigation rules.  Impacts to wetlands and other waters in Oregon are often co-regulated by the U.S. Army Corps of Engineers and Oregon Department of State Lands (DSL).  The ILF program is administered by DSL. The state has a policy of “no net loss” of wetlands.  When projects such as housing, bridges and retail developments will impact more than 50 cubic yards of material in wetlands, project proponents must apply for a removal-fill permit from DSL.  Permit conditions include replacing – or mitigating – lost wetland functions.  For full press release, go to: http://oregonstatelands.us/DSL/DO/news/pr1011_ilf_program.shtml

WV: Volunteers help beautify Williamstown’s wetlands By Jolene Craig – Parkersburg News & Sentinel – April 19, 2010 The Williamstown Wetlands project is coming along with a walking trail and observation deck built as members of Boy Scout Troop and Pack 47 helped plant trees Saturday. The troop has been helping with the wetlands project next to DaVinci's Restaurant on Highland Avenue for several months to learn some of the aspects of Boy Scouts. In November they picked up trash and debris from the wetlands. For full story, go to: http://www.newsandsentinel.com/page/content.detail/id/528881.html?nav=5061

WI: Volunteers rise early to count cranes By Karen Madden – Central Wisconsin Daily Tribune – April 18, 2010 Bird-watchers fanned out across central Wisconsin's wetlands to participate in a statewide count of sandhill cranes. When the annual count, sponsored by the International Crane Foundation, began about 25 years ago, there were 25 pairs of nesting cranes in Wisconsin, said Gloria Zager, Wood County count coordinator. Last year, about 550 sandhill cranes were spotted in Wood County alone during the annual count. Currently, authorities believe the county has 90 pairs of the birds. For full story, go to: http://www.wisconsinrapidstribune.com/article/20100418/CWS0101/4180680/ 1982/WRT04/Volunteers-rise-early-to-count-cranes

AK: Meet the Migration By Abby Lowell – Juneau Empire – April 16, 2010 The Mendenhall Wetlands are like a truck stop for migrating birds. They exit off their airborne interstate to take advantage of the snacks, of both the vertebrate and invertebrate variety, the lodgings and the opportunity to just refuel. They arrive in waves by the thousands, beginning in early April and lasting into May. Some stay for only a day, others nest and raise young. For all, this nationally recognized important bird habitat is vital to their ability to thrive.  For full story, go to: http://www.juneauempire.com/stories/041610/out_610556848.shtml

MD: Chesapeake Bay’s crab population up 60 percent By Timothy Wheeler – Baltimore Sun – April 14, 2010 The Chesapeake Bay's blue crab population has bounced back from dangerously low levels, Maryland officials announced Wednesday, reporting that a newly completed survey of the crustaceans counted more than have been seen in more than a decade. A jubilant Gov. Martin O'Malley heralded the news from the waterfront deck of a seafood restaurant here, saying the winter crab survey justified the steps he and his counterpart in Virginia took two years ago to clamp down on the commercial catch. Both states shortened the season, slashing watermen's income, and Virginia banned its traditional practice of dredging slumbering female crabs from the bottom during winter. For full story, go to: http://www.baltimoresun.com/features/green/bs-gr-blue-crab-fishery-20100414,0,5207295.story

AK: Landowners Ordered to Restore Salmon Stream and Wetlands near Haines, Alaska Contact: Mark Jen – EPA News Release – April 14, 2010 Robert and Nancy Loomis of Kilgore, Texas, have been ordered by the Environmental Protection Agency to repair damaged wetlands, restore a salmon stream and better manage stormwater runoff on their property located near Haines, Alaska. The Loomis’ received the Order after EPA alleged they discharged fill material, consisting of mud, dirt, gravel and rock, to this valuable fish and wildlife habitat. http://yosemite.epa.gov/opa/admpress.nsf/d96f984dfb3ff7718525735900400c 29/895978ac579056fd85257704007688b1!OpenDocument

TX: There's plenty of water available for North Texas Editorial by Staff – Texas Star Telegram – April 12, 2010 Don't worry about ever reaching for the faucet on your kitchen sink and finding no water there. It's never going to happen to your kids or your grandkids or their grandkids, either. Never. They will make sure you always have a reliable source of clean water. Take it for granted. Who's they? You know, the people who do that sort of thing. […] They detailed where they plan to get the water that 16 North Central Texas counties will need between now and 2060. That's a whole lot of water, but thank goodness plenty of it is available. The list starts with rivers and reservoirs and wells and wetlands like those the region uses now, and it goes all the way to taking the salt out of the virtually limitless water of the Gulf of Mexico and piping it all the way up here for you. For full editorial, go to: http://www.star-telegram.com/2010/04/11/2106030/theres-plenty-of-water-available.html#ixzz0kuSgfJ5f

ME: Sierra Club fights CMP project By Tux Turkel - Portland Press Herald – March 25, 2010 Central Maine Power Co.'s proposal to upgrade the reliability of its transmission system faces a new threat: wetlands. The Maine Chapter of the Sierra Club says the $1.6 billion project would destroy 385 acres of wetlands and 1,200 linear feet of streams. In a letter dated March 15, it told the U.S. Army Corps of Engineers that the agency can't approve construction if there are alternatives that reduce the impact on the environment.A strict standard under the Clean Water Act says the corps cannot issue wetlands permits for any project if a "less environmentally damaging, practicable alternative" exists. In the Sierra Club's view, CMP could meet the objectives of its new line with non-transmission alternatives. The group says it will take legal action, if needed, to enforce the law. For full article, go to: http://www.pressherald.com/news/sierra-club-fights-cmp-project_2010-03-24.html

DE: New public participation guidebook provides actions to protect Delaware's wetlands Delmarva – March 20, 2010 A new guidebook is now available that will help Delawareans protect and conserve our state’s vital wetlands. Just released, the Wetlands Public Participation Guidebook is a comprehensive resource developed to educate and inspire citizens to take actions to protect the health and productivity of the more than 350,000 acres of wetlands that cover our state. For full story, go to: http://www.delmarvanow.com/article/20100319/DW01/100319025/-1/DW/DELAWARE--New-public-participation-guidebook-provides-actions-to-protect-Delaware-s-wetlands

VA: Wetlands group fights challenge with challenge By Scott Harper – Virginian-Pilot – March 20, 2010 First, Virginia Attorney General Ken Cuccinelli filed a legal challenge to a key federal finding that greenhouse gases are public health threats, contribute to climate change and should be regulated. Now, a Norfolk-based environmental group, Wetlands Watch, has filed a challenge to Cuccinelli's challenge, calling his actions "dangerous" and "a stall tactic" against government attempts to tackle global warming. For full article, go to: http://hamptonroads.com/2010/03/wetlands-group-fights-challenge-challenge-0

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