INDEX:
---EDITOR'S NOTE---

---EDITOR'S CHOICE---
Clean Water Enforcement Rules Considered
EPA, Corps Release Wetland Mitigation Action Plan and Guidance
Tsakopoulos Loses Battle in a Tie Vote
TX: Using Wetlands to Increase Water Supply
Robert Wayland To Retire
November/December National Wetlands Newsletter Available
2^nd Annual Wetland Photography Contest

---NATIONAL UPDATES---
EPA Proposes the Withdrawal of 2000 TMDL Rule
Two Cities Join Suit Over Global Warming
"Action Agenda" Proposed for Restoring the Great Lakes Basin Water System
Proposed NPDES General Permit for Construction Activities
New U.S. Manure Curbs Don't Go Far Enough, Say Critics
Court Reinstates Roadless Forests Rule
U.N. Launches Year of Fresh Water in 2003
EPA Policy Memo: “Committing to EPA’s Water Program to Advancing the Watershed Approach”
IWLA, USFS Establish Long-Term Partnership to Promote Wetland Restoration on National Forests
EPA and States Sign Major Agreement to Clean Up Long Island Sound
Public Comments Still Welcome in Millennium Pipeline Appeal
Generic Assessment Endpoints for Ecological Risk Assessments
Final Estuary Habitat Restoration Strategy Prepared by the Estuary Habitat Restoration Council
Public Comments Sought on Columbia River Channel Deepening

---LEGISLATIVE UPDATES---
Looking Ahead to the 108th Congress

---STATES NEWS---
Court Upholds North Carolina’s Authority to Protect Wetlands
CA Coastal Commission Declared Illegal
Coal Ruling Could End Up Costing State Millions
Conservation Partnership to help Corpus Christi protect Nueces River Delta
DEIS and Comprehensive Conservation Plan Available for the Nisqually National Wildlife Refuge
Maryland Funding to Permanently Protect $25,000 Acres on Eastern Shore
Stage Set for Largest Wetlands Restoration Project on West Coast 
Invasive Plant Hydrilla Detected for First Time in Maine
$209 M CREP Program in Nebraska will Help Wetland Restoration
8,465 acre Matanzas Marsh Acquired by FL DEP and St. Johns River WMD
CA: Yosemite Toad Warrants but Doesn’t Get Endangered Species Listing
Pennsylvania Biodiversity At Risk: Pittsburgh Post-Gazette 12/10/02
Wood Cutting May Benefit Rhode Island Reserve

---PUBLICATIONS AND RESOURCES---
Searchable Colonial and Non-Colonial Waterbird Bibliography Available Online
New Report Outlines Threats to National Parks Wildlife
Key Info Available, Strategic Investments Needed for Everglades Restoration
Science.gov Web Site Connects Public to Government Science
UV Radiation May Not Be Linked to Frog Declines
New Digital Library: Flora and Fauna of the Great Lakes Region
New Shorebird Management Listserve
Online Tutorial: Groundwater and Wetlands
NWF Fact Sheet: Isolated Wetlands Rulemaking May Hurt Hunting, Angling
Arctic Refuge Coastal Plain Terrestrial Wildlife Research Summaries

---POTPOURRI---
Coastal Conservation Grants Available for Alaska Coasts
Neotropical Migratory Bird Conservation Act: Request for Grants Proposals for Year 2003
Endangered Species Conservation Grants Available to the States   
Chesapeake Bay Small Watershed Grants Program

---MEETINGS AND CONFERENCES---
For a rolling calendar of meeting, conferences, and other events visit the ASWM calendar

EDITOR'S NOTE

Dear friends and colleagues,

You’ve heard the arguments: We’ll have a routine. Our lives will be normal.  The kid will have three squares, less junk, a multi-vitamin and more fluids. I will no longer be on the computer for hours on end. I’ll actually get up in the morning, maybe before everyone else and have a hot breakfast on the table while the washing machine hums in the background as I pack everyone’s lunch. We will all be healthier, happier, smarter, and perhaps a smidgeon richer. Life will be easier! Then reality slapped me in the face and about the head and shoulders, and here I sit stunned after only six weeks of working full time.  This harder than I remember!  But my 2003 New Year’s resolution is to stick with it, until it becomes the comfortable norm or until I go insane. 

Someone who has been working more than full-time, Julie Sibbing of the National Wildlife Federation, sent out a link to an isolated-wetlands-destruction-due-to-SWANCC article that ran in the December 5 Edition of the USA Today. According to Julie, “The author worked on the story for more than four months and was able to document some of the destruction that is occurring.” Read the article at http://www.usatoday.com/news/nation/2002-12-05-wetlands_x.htm

As our friend Earle Cummings remarked, “Tsakopolous loses, wetlands win, but way too close.”  Yes, folks, the Borden case has been decided and it was a draw, meaning the original ruling stands.  Read more about it below, including the home-town newspaper article Earle forwarded along.

Thanks to our other contributors, including John McShane, EPA and Suzanne Bolton, NOAA.

Happy New Year!

Jennifer Brady-Connor
Editor, Wetland Breaking News

EDITOR'S CHOICE

Clean Water Enforcement Rules Considered

By John Heilprin, Associated Press, 1/6/03 Washington Post. Washington – “The Bush administration is considering new rules for enforcing the Clean Water Act that will greatly change how the government regulates pollution of small waterways and destruction of some isolated wetlands. The proposal to change the scope of the federal law protecting waterways is likely to elicit fierce debate over how best to manage hundreds of thousands of miles of small streams, tributaries and wetlands that are isolated or not connected to a larger body of water. Details of the proposal being developed by the Environmental Protection Agency, and expected to be made public as early as this week, could not be learned Monday . . . “ http://www.washingtonpost.com/wp-dyn/articles/A17951-2003Jan6.html  

EPA, Corps Release Wetland Mitigation Action Plan and Guidance

EPA news release, 12/27/02. The Corps and EPA, in conjunction with the Departments of Agriculture, Commerce, Interior, and Transportation, have released a comprehensive action plan and improved guidance to ensure effective, scientifically-based restoration of wetlands impacted by development activities. The National Wetlands Mitigation Action Plan lists 17 action items that the agencies will undertake to improve the effectiveness of restoring wetlands that are impacted or lost to activities governed by clean water laws. Completing the actions in the plan will enable the agencies and the public to make better decisions regarding where and how to restore, enhance, and protect wetlands; improve their ability to measure and evaluate the success of mitigation efforts; and expand the public’s access to information on these wetland restoration activities.

A revised Regulatory Guidance Letter leads the list of action items in the National Wetlands Mitigation Plan. Crafted with input from the Federal agencies that play a role in wetlands protection, the Corps’ Regulatory Guidance Letter will improve wetlands restoration implemented under the Clean Water Act in support of the Administration’s “no net loss of wetlands” goal. In order to advance the goal of no net loss of wetlands, the guidance letter emphasizes a watershed-wide approach to prospective mitigation efforts for proposed projects impacting wetlands and other waters; the increased use of functional assessment tools; and improved performance standards. In addition, the guidance letter emphasizes monitoring, long-term management, and financial assurances to help ensure that restored wetlands actually result in planned environmental gains. The guidance letter also provides greater consistency across the Corps 38 district offices on issues such as the timing of mitigation activities and the party responsible for mitigation success.

Copies of the National Wetlands Mitigation Action Plan and the Regulatory Guidance Letter and this complete press release are located online at: http://www.usace.army.mil/inet/functions/cw/hot_topics/corps_epa.htm

Tsakopoulos Loses Battle in a Tie Vote

  Sacramento Bee - 12/17/02, By David Whitney, staff writer. Washington – “The U.S. Supreme Court announced Monday that it was deadlocked 4-4 on a wetlands case involving developer Angelo Tsakopoulos, and thus affirmed a lower-court ruling fining him $500,000 for plowing two acres of wetlands in a south Sacramento County vineyard.

”The decision came less than a week after the high court heard oral arguments in the case, closely watched by environmental and development interests because it challenged the government's authority to regulate farm plowing under the Clean Water Act.

”The even split on the nine-member Supreme Court came after Justice Anthony Kennedy, a law professor at Sacramento's McGeorge School of Law before joining the high court, recused himself because he is acquainted with Tsakopoulos.

”After hearing arguments last week, the eight justices left to decide the case found that they were evenly divided and didn't have a majority to write an opinion. That split was announced Monday, and the 9th U.S. Circuit Court of Appeals decision against Tsakopoulos automatically was affirmed.

”The Supreme Court said it does not keep statistics on how many times justices have voted to review a case, heard arguments and afterward pronounced themselves deadlocked and unable to produce a ruling . . . “ Read the complete article at http://www.aswm.org/wbn/archive/02/021231b.htm.

Additional Coverage

Slip Opinion: http://www.supremecourtus.gov/opinions/02pdf/01-1243.pdf

San Francisco Chronicle, 12/17/02 http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2002/12/17/MN116015.DTL

Court Upholds Fines in Wetlands Case: New York Times http://www.nytimes.com/aponline/national/AP-Scotus-Farm-Plowing.html?ex=1041064168&ei=1&en=7004a149c4518372

Supreme Court Fails To Address Reach of the Clean Water Act: Defenders of Property Rights news release, 12/16/02. http://www.defendersproprights.org/front.asp

Wetlands Protections Upheld by U.S. Supreme Court: By Cat Lazaroff, Washington, DC, 12/18/02. Environmental News Service. http://ens-news.com/ens/dec2002/2002e-12-18-01.asp

Borden Ranch Deadlock Vote Elevates Question Of Whether Tulloch Wetlands Rule Is Illegal: National Association of Home Builders statement from President Gary Garczynski. http://www.nahb.org/news_details.aspx?sectionID=148&newsID=255

TX: Using Wetlands to Increase Water Supply

ENN Worldwire News, 12/24/02. “ . . . The Trinity River watershed is a major source of water for county residents . . . Down stream, located just below the Richland Chambers Reservoir, 80 miles southeast of Dallas in the river's floodplain, is the Richland Creek Wildlife Management Area [that] contains 14,000 acres of mitigation land managed by the Department. In 1996, the Department and the Water District signed an agreement to allow the construction of 2,300 acres of wetlands on the mitigation lands. Now, here is where the "better idea" comes in. As an alternative to constructing a new reservoir, the Department and the Water District initiated a $22 million raw-water-treatment wetlands project that will reclaim not only used water but also wildlife habitat . . . ” http://production.enn.com/news/enn-stories/2002/12/12242002/s_49217.asp

Robert Wayland To Retire

EPA WaterNews for Dec. 10, 2002. After many years of service with the Environmental Protection Agency Robert Wayland, Director of the Office of Wetlands, Oceans and Watersheds in the Office of Water, will be retiring on Jan. 3, 2003.  Assistant Administrator G. Tracy Mehan, III has appointed former Deputy Assistant Administrator Diane Regas as Wayland's successor. Throughout his career Mr. Wayland has made major contributions in several areas.  Most notably, he has significantly influenced the current approach to management of water quality by promoting and supporting the watershed approach.  He has played a major role in shaping the regulatory aspects of watershed management, including the roles of Total Maximum Daily Loads (TMDLs), the protection and restoration of wetlands, and addressing nonpoint sources of pollution.   He also played a major role in developing a working framework for the National Coral Reef Task Force; resolving dredged material management issues threatening to shut down the Port of New York and New Jersey; developing a program to address discharges of pollution from vessels; supporting local communities in addressing water quality issues related to growth; promoting concern inside and outside the Agency regarding water quality impacts resulting from air deposition; and working with the Pew Ocean Commission and U.S. Commission on Oceans Policy. Mr. Wayland has had an exceptionally distinguished career in federal service.  Under his leadership the Office of Wetlands, Oceans and Watershed has set the standard for fostering stewardship and conservation efforts by businesses, civic groups, local governments, states, and other federal agencies. Thanks and our very best wishes Bob!

November/December National Wetlands Newsletter Available

ELI e-mail announcement, 12/16/02. The following is a digest of updates and feature articles that appeared in the November-December 2002 issue of the National Wetlands Newsletter and the National Wetlands on the Web site. Subscriptions to the newsletter are $40 per year and include access to subscriber-only portions of the web site. To subscribe, visit the website at http://www.eli.org/publications/nwn.htm or call 800-433-5120. Feature articles include: Measuring Ecosystem Service Benefits for Wetland Mitigation, by James Boyd and Lisa Wainger; New Jersey amends wetland protection rules, by Robert Piel Jr.; Protecting Wetlands on Agricultural Lands with the 2002 Farm Bill, by Floyd Wood; and The Anacostia River of the 21st Century: Restoring an Estuary in the Nation's Capital, by Stacey Sloan Blersch. Also covered are segments on News, Congress, Federal Agencies, and Courts.

2^nd Annual Wetland Photography Contest

EPA WD e-mail announcement, 12/20/02.  The Environmental Protection Agency’s Wetlands Division is sponsoring a wetland photography contest focusing on images that show the wildlife of wetlands, specifically birds, mammals, amphibians, reptiles, insects, and crustaceans.  EPA is looking for high quality images that capture the biodiversity, and beauty, of wetlands in different regions of the United States and at different seasons of the year.  The winning photographs will be used to produce a 2004 wetlands calendar and will be prominently displayed on their website and at the National Wetland Awards ceremony in Washington, DC in May 2003. The deadline for submission is March 1, 2003.  For more information and details on how to submit your photographs visit www.epa.gov/owow/wetlands/photocontest2003.html For additional information about the contest call 1-800-832-7828 and ask for wetland photo contest.  To view the winning photographs of the 2002 wetland photography contest visit www.epa.gov/owow/wetlands/photocontest2002.html.

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NATIONAL UPDATE

EPA Proposes the Withdrawal of 2000 TMDL Rule

Capitol Reports, 12/26/02. Washington  -- “The U.S. EPA is proposing to withdraw the July 2000 final rule which revised EPA's Total Maximum Daily Load (TMDL) program under the Clean Water Act. The Agency said the 2000 rule was determined to be unworkable based on reasons described by thousands of comments and was challenged in court by some two dozen parties. Ultimately, Congress passed a law prohibiting EPA from implementing the July 2000 rule. Further, the National Academy of Sciences' National Research Council (NRC) issued a report with numerous recommendations for improving the rule and program, which were not reflected in the July 2000 rule . . . “http://www.caprep.com/1202094.htm

Two Cities Join Suit Over Global Warming

New York Times - 12/25/02, By Katharine Q. Seelye, staff writer. Washington – “In a novel legal action, the city councils of Oakland, Calif., and Boulder, Colo., have voted to join Friends of the Earth and Greenpeace in a lawsuit charging two federal agencies with failing to conduct environmental reviews before financing projects that the cities say contribute to global warming. The lawsuit contends that the agencies -- the Export-Import Bank and the Overseas Private Investment Corp. -- have provided $32 billion in financing and insurance over the past 10 years for fossil-fuel extraction projects overseas such as oil fields, pipelines and coal-fired power plants without assessing the contribution those projects make to global warming . . . The Oakland City Council, which voted on Dec. 17 to join the suit, contends that global warming could cause the sea levels to rise, putting the city's groundwater aquifers at risk of salt-water contamination and threatening to flood the airport and sewer systems . . . Mayor Will Toor of Boulder said in a statement that Boulder officials, who voted to join the suit in August, were disturbed by predictions that global warming would bring more rain and less snow, which could threaten water availability in much of the West, where the water supply relies on annual snow pack . . . “ Read the complete article online at http://www.aswm.org/wbn/archive/02/021231b.htm

"Action Agenda" Proposed for Restoring the Great Lakes Basin Water System

Great Lakes United Sustainable Waters Watch # 13, 12/20/02. Over the last two years Great Lakes basin leaders and citizens have been discussing an all-out effort to fully restore the Great Lakes-St. Lawrence River ecosystem. As a result, Great Lakes United and several basin partner groups are developing an "Action Agenda" to either 1) help guide any future official restoration effort, or, if current official momentum slows, or 2) establish the basis for a unified campaign by basin environmental groups to advocate for a comprehensive restoration effort. Comments on draft due 1/15/03. The full agenda can be accessed online at http://www.glu.org/aa/aamain.htm. For more information or to help refine this agenda, please contact Reg Gilbert, Great Lakes United, 716-886-0142, reg@glu.org.

Proposed NPDES General Permit for Construction Activities

Federal Register, 12/20/02. EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 are proposing NPDES general permits for discharges from large and small construction activity. The proposed general permit includes a number of eligibility restrictions including discharges that may adversely affect endangered or threatened species and critical habitat. Comments due 2/3/03. http://www.access.gpo.gov/su_docs/fedreg/a021220c.html [scroll down to EPA] 

New U.S. Manure Curbs Don't Go Far Enough, Say Critics

12/17/02. By Charles Abbott, Reuters. Washington, DC — “[New rules] will do little to control ‘factory farm’ manure runoff fouling the nation's waters, environmental groups said.  Farm groups say complying with the rules will cost livestock producers $1 billion a year, likely putting some out of business. The measures cover manure handling, require nutrient management plans, and mandate more record-keeping.  About 15,500 cattle, hog, and poultry feedlots will be required to obtain permits by 2006 under the Clean Water Act and write plans for safe disposal of manure, often used as a fertilizer . . . “ Question and Answer brochures on the final CAFO rule are now available on-line at http://cfpub.epa.gov/npdes/afo/cafofinalrule.cfm

Court Reinstates Roadless Forests Rule

By Eric Pianin, Washington Post Staff Writer. Friday, December 13, 2002; Page A02. A federal appeals court in California yesterday reinstated a Clinton administration rule designed to protect nearly 60 million acres of national forests from logging and road construction, dealing a setback to the Bush administration and timber industry officials who have a lower court for blocking the measure in May 2001. http://www.washingtonpost.com/wp-dyn/articles/A47985-2002Dec12.html [Related issue: Bush proposes easing rules for forest-thinning http://www.planetark.org/dailynewsstory.cfm/newsid/19029/story.htm ]

U.N. Launches Year of Fresh Water in 2003

12/13/02. By Priscilla Cheung, Associated Press. United Nations – “The United Nations is launching the International Year of Fresh Water in 2003 and promising efforts to give more people access to clean water and protect sources of drinking water. The United Nations will host a conference in Kyoto, Japan, in March, when it is expected to release its first comprehensive report on the world's water problems. The report will include recommendations to protect freshwater sources, which are increasingly under threat because of degraded water quality, climate change and wetland destruction, U.N. officials said Thursday . . . “ http://production.enn.com/news/wire-stories/2002/12/12132002/ap_49180.asp

EPA Policy Memo: “Committing to EPA’s Water Program to Advancing the Watershed Approach”

EPA e-mail announcement, 12/10/02. The Environmental Protection Agency's Assistant Administrator for Water G. Tracy Mehan, III issued a new policy memo on "Committing EPA's Water Program to Advancing the Watershed Approach" on Dec. 3, 2002.  This policy memo calls for the following:
*     Creation of a "Watershed Management Council," comprised of EPA Headquarters and Regional Senior Executive Service managers;
*     Implementation of a number of specific actions listed in the memo; and
*     Exploration of ways to encourage the widespread adoption of watershed approaches to better address water quality problems.
For further information visit the website at http://www.epa.gov/owow/watershed/memo.html

IWLA, USFS Establish Long-Term Partnership to Promote Wetland Restoration on National Forests

IWLA news release, 12/10/02. The Izaak Walton League of America and the U.S. Forest Service are renewing a partnership to restore and protect rivers, streams and important fisheries habitat in the nation’s National Forest system that covers 191 million acres. The agreement clears the way for the League and its more than 300 chapters to join Forest Service staff in the monitoring of streams, lakes, and wetlands in national forests. The partnership will also make it easier to develop and implement important projects addressing riparian restoration, improving fish habitat, improving drainage and surfacing of roads and trails, cataloging wetlands, and restoring abandoned mine lands. The League will be able to promote its successful Save Our Streams program and develop related conservation publications, workshops and conferences to promote watershed restoration on the nation’s national forests. In addition, the partnership will enhance the League’s role as the primary host of the American Wetlands Conference to be held in Minneapolis in May 2003. http://www.iwla.org/pressrel/release.asp?p_releaseid=75

EPA and States Sign Major Agreement to Clean Up Long Island Sound

EPA Long Island Sound Office news release, 12/4/02. Norwalk, CT.  EPA, New York and Connecticut signed a major agreement to restore Long Island Sound by 2014, including specific goals for reducing bathing beach and shellfishing closures, restoring fish river runs for migratory fish and improving ecologically-important habitats that support marine life.  In addition to ongoing work to reduce nitrogen going into the Sound by 58.5 percent by 2014 and to restore at least 2,000 acres of habitat and 100 river miles for fish passage by 2008, compared to 1998 levels, the agreement includes target goals and time frames for open space acquisition, protection and the creation of a Long Island Sound Stewardship System.  http://www.epa.gov/region01/eco/lis/

Public Comments Still Welcome in Millennium Pipeline Appeal

Federal Register, 12/4/02.  This notice reopens the public comment period on the administrative appeal filed with the Department of Commerce by the Millennium Pipeline Company.  The Millennium Pipeline Company is asking the Secretary of Commerce to override the State of New York's objection to Millennium's proposed natural gas pipeline. The pipeline would extend from the Canadian border in Lake Erie and cross the Hudson River, affecting the natural resources or land and water uses of New York's coastal zone.  Public comments on the appeal must be received by January 8, 2003.  http://www.access.gpo.gov/su_docs/fedreg/a021204c.html [scroll down to NOAA]

Generic Assessment Endpoints for Ecological Risk Assessments

EPA news release, 12/4/02.  EPA announces a 60-day public comment period for the draft document titled Generic Assessment Endpoints for Ecological Risk Assessments prepared by the Agency's Risk Assessment Forum (RAF). The document is intended to assist EPA during the process of ecological risk assessment in selecting assessment endpoints, which are valued ecological entities and attributes to be protected.  EPA will consider the public comment submissions in revising the document.  Comments must be provided by February 3, 2003.  The draft is available at http://www.epa.gov/ncea/raf under the What's New and External Review Drafts menus.

Final Estuary Habitat Restoration Strategy Prepared by the Estuary Habitat Restoration Council

Federal Register 12/3/02.  The ACOE on behalf of the interagency Estuary Habitat Restoration Council is publishing the final ``Estuary Habitat Restoration Strategy.''  Developed in accordance with the requirements of the Estuary Restoration Act of 2000, the Strategy calls for restoration activities that improve degraded estuaries or estuarine habitat, or those that create estuarine habitat. The goal of the Strategy is to restore one million-acres of estuarine habitat by 2010. http://www.access.gpo.gov/su_docs/fedreg/a021203c.html [scroll down to Engineers Corps]

Public Comments Sought on Columbia River Channel Deepening

Washington Department of Ecology, 12/2/02.  OLYMPIA, WA. - The WDE (Ecology) is seeking public comments on two permits sought by the ACE to deepen the navigation channel in the Columbia River from Vancouver down to the mouth of the river.  Joint public hearings will be held at 7 p.m. on Monday, Jan. 6, 2003, at the Columbia River Maritime Museum, Kern Rm., 1792 Marine View Dr. in Astoria, Ore., and at 7:30 p.m. on Tuesday, Jan. 7, at State Office Building, Rm. 140, 800 N.E. Oregon St., in Portland, Ore.  Written comments from Washington residents should be e-mailed lora461@ecy.wa.gov.  Written comments from Oregon residents should be e-mailed to harding.russell@deq.state.or.us.  http://www.ecy.wa.gov -------

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LEGISLATIVE UPDATES

Looking Ahead to the 108th Congress

[The following are excerpts from Natural Resources Defense Council's LEGISLATIVE WATCH, 12/6/02.]

When the 108th Congress convenes in January, it must deal with 11 of the 13 funding bills for fiscal year 2003 and begin considering the fiscal year 2004 budget. The 107th Congress exhibited steady bipartisan support for environmental funding. Following the 2002 elections, however, the Bush administration is raising its demands to reduce this funding, which would limit the effectiveness of environmental programs. While Republicans retained control in the House, a few key vacancies there, such as the heads of the Resources Committee and key energy and environmental appropriations subcommittees, will need to be filled in January. The following is a summary of key environmental leadership positions in the Senate.

Energy and Natural Resources Committee: Sen. Bingaman (D-NM) will likely relinquish control to Sen. Domenici (R-NM), who has an 8 percent LCV rating, and who favors increasing domestic energy production from fossil fuels and nuclear power, and opposes incentives to improve energy efficiency and develop cleaner, renewable energy alternatives.

At the subcommittee level, the national parks chairmanship switches from Sen. Akaka (D-HI) to Sen. Thomas (R-WY) (0 percent LCV). Sen. Wyden (D-OR) (80 percent LCV) turns over the public lands and forests subcommittee to Sen. Craig (R-ID) (4 percent LCV).

Environment and Public Works Committee: Sen. Jeffords (I-VT), a stalwart champion of clean air and renewable energy alternatives, hands the reins over to Sen. Inhofe (R-OK) (0 percent LCV), a longtime ally of the oil industry.

At the subcommittee level, clean air, water and climate change responsibilities shift from Sen. Lieberman (D-CT) to Sen. Voinovich (R-OH) (0 percent LCV). Sen. Graham (D-FL) will likely turn over the fisheries, wildlife and water subcommittee to Sen. Crapo (R-ID) (4 percent LCV).

Judiciary Committee: One of the most diligent watchdogs keeping track of the Bush administration activities, Sen. Leahy (D-VT), relinquishes control to Sen. Hatch (R-UT) (4 percent LCV).

Appropriations Committee: Sen. Nickles (R-OK) (0 percent LCV) and Sen. Stevens (R-AK) (8 percent LCV) will chair the Budget and Appropriations committees, respectively. Chief opponent of nuclear waste disposal in Yucca Mountain, Sen. Reid (D-NV) (92 percent LCV), will pass the chairmanship of the subcommittee on energy and water development appropriations to Sen. Domenici (R-NM), a longstanding supporter of the nuclear industry. Sen. Bond (R-MO) (8 percent LCV) will take over the appropriations subcommittee with jurisdiction over EPA appropriations from Sen. Mikulski (D-MD) (88 percent LCV).

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STATES NEWS

Court Upholds North Carolina’s Authority to Protect Wetlands

Southern Environmental Law Center, 12/31/02. Raleigh - The North Carolina Court of Appeals ruled that the Environmental Management Commission has authority to protect the state's wetlands - a critical measure as federal protection has weakened over the last several years, environmentalists say.  In a unanimous decision, a three judge panel of the court rejected claims by development and farming organizations that the commission did not have the authority to adopt regulations protecting wetlands and that the regulations were improperly enacted. http://www.southernenvironment.org/Newsroom/res_news_2002-12-31.pdf

CA Coastal Commission Declared Illegal

12/31/02, By Jennifer Coleman, Associated Press Writer. Sacramento – “The California Coastal Commission's appointment structure violates the state Constitution because the Legislature appoints a majority of its voting members, a state appeals court ruled Monday. The Third District Court of Appeal ruling also allowed a Sacramento County Superior Court ruling to take effect in 30 days -- barring the Coastal Commission from issuing building permits, said Ron Zumbrun, an attorney for the Marine Forests Society . . . “ http://www.pressdemocrat.com/local/wnews/31coast.html

Coal Ruling Could End Up Costing State Millions

The Beacon Journal. 12/31/02. Columbus – “The state on Monday asked the Ohio Supreme Court to reconsider a ruling that could cost the state millions of dollars in payments to coal companies that are prohibited from mining part of their property. The court, in a 4-3 ruling on Dec. 18, said the state must pay RTG Inc. for coal on land it owns that the Ohio Department of Natural Resources deemed was unsuitable for mining. The land sits on an aquifer that is the primary water source for the village of Pleasant City, about 10 miles south of Cambridge in Guernsey County . . . “

http://www.ohio.com/mld/ohio/news/local/4845845.htm

Conservation Partnership to help Corpus Christi protect Nueces River Delta

The Nature Conservancy news release, 12/20/02. A partnership between The Nature Conservancy of Texas and the Coastal Bend Bays & Estuaries Program will help the City of Corpus Christi move much-needed fresh water into the Nueces River Delta to revitalize and protect a wetlands system that’s crucial to both people and wildlife in this region of the Gulf Coast. As part of this partnership, a small portion of the property will eventually be acquired by the City of Corpus Christi for an overflow channel and pipeline corridor to deliver fresh water directly into the Rincon Bayou and upper portions of the Nueces River Delta. Just west of Nueces Bay and Corpus Christi Bay, the Nueces River Delta is where life begins for many wildlife species in the Coastal Bend. Some of the region’s most biologically significant wetlands are found here, as well as important coastal prairie habitats. Taken altogether, the delta represents a unique mosaic of highly productive wetlands, open water, islands, prairie, and river and bay shorelines. http://nature.org/wherewework/northamerica/states/texas/press/press883.html

DEIS and Comprehensive Conservation Plan Available for the Nisqually National Wildlife Refuge

Federal Register, 12/20/02. The USFWS announced the availability of Draft Environmental Impact Statement and Comprehensive Conservation Plan (Draft EIS/CCP) for Nisqually National Wildlife Refuge (Refuge) for review and comment. This Draft EIS/CCP describes the Service's proposal for management of the Refuge for the next 15 years. Proposed changes to the Refuge being considered include the restoration of historic estuarine habitat and dike removal and a proposed expansion of the approved Refuge boundary. Nisqually National Wildlife Refuge is located in western Washington at the southern end of Puget Sound in Thurston and Pierce counties. The Refuge protects one of the few relatively undeveloped large estuaries remaining in Puget Sound. http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2002/02-32046.htm

Maryland Funding to Permanently Protect $25,000 Acres on Eastern Shore

Chesapeake Bay Foundation statement, 12/19/02. Annapolis – Chesapeake Bay Foundation President William C. Baker issued the following statement in response to today’s Board of Public Works meeting in Annapolis, where the board approved state funding to permanently protect 25,000 acres on the Eastern Shore and in Southern Maryland. " . . . Some have argued that we cannot afford to protect these lands during these tough economic times. However, each year, Marylanders pay more than $100 million in taxes specifically to fund preservation of open space. Recently much of this money is being diverted to pay for other needs, so this decision to protect 4,000 acres of wetlands, 31 miles of shoreline and five square miles of open space is a responsible investment of public money and will return benefits in the health of the Chesapeake Bay and its tributaries, the health of a region’s economy, and the quality of life in our rural communities . . . " http://www.cbf.org/site/News2?page=NewsArticle&id=6049&security=1&news_iv_ctrl=1081

Stage Set for Largest Wetlands Restoration Project on West Coast 

Capitol Reports 12/18/02. San Francisco – “[Negotiations] over a landmark public-private partnership to purchase 16,500 acres of salt ponds - and associated salt-making rights - along the San Francisco Bay shore and Napa River were successfully concluded . . . The agreement met the principles as announced on May 29, 2002 and sets the stage for the largest wetlands restoration project on the West Coast, on a par with current restoration efforts in the Chesapeake Bay, Everglades, and along the Mississippi River. Under the terms of the conveyance agreement, 16,500 acres in the San Francisco Bay and Napa County will be purchased from Cargill for $100 million, with funding coming from the State and Federal Governments and several philanthropic foundations. The agreement is contingent on a vote of the California Wildlife Conservation Board which will consider the issue at its February 11, 2003 public meeting . . . “ http://www.caprep.com/1202068.htm

Invasive Plant Hydrilla Detected for First Time in Maine

ME DEP news release, 12/17/02. (AUGUSTA) - Biologists from the Department of Environmental Protection (DEP) last week confirmed that one of North America’s most aggressive non-native plants, hydrilla, exists in Limerick’s 46-acre Pickerel Pond. Never detected before in Maine, this stubborn and fast-growing aquatic plant poses fouling problems for swimmers and boaters using that pond. There is also the risk that it may be introduced into nearby lakes and ponds. First reported this fall by a Pickerel Pond resident, the DEP estimates hydrilla now covers 60 per cent of the lake bottom from shoreline out to six feet deep. A likely source of introduction is the transport of fragments on trailers and boats from hydrilla-infested waters in other states. http://www.state.me.us/dep/press/pr021217.htm

$209 M CREP Program in Nebraska will Help Wetland Restoration

USDA news release, 12/11/02. Washington, DC - Agriculture Secretary Ann M. Veneman today announced that USDA and the state of Nebraska, as part of the Conservation Reserve Enhancement Program (CREP), will launch a $209 million program to address water quality and wildlife habitats in all or a portion of 37 counties in Nebraska. The Nebraska CREP partnership targets 100,000 acres in the central and eastern parts of the state. These funds will help protect lakes and water sources through the establishment of tree buffers, planting of native and other grasses and the restoration of wetlands. Overall, the goal in Nebraska is to reduce the amount of sediment reaching streams.

http://www.usda.gov/news/releases/2002/12/0503.htm

8,465 acre Matanzas Marsh Acquired by FL DEP and St. Johns River WMD

FL DEP news release, 12/10/02. Palatka - The Florida Department of Environmental Protection (DEP) joined with St. Johns River Water Management District (WMD) in the purchase of 8,465 acres of environmentally significant land in St. Johns County, creating a 16,000-acre conservation corridor. The property, called the Matanzas Marsh, lies within the boundaries of the Northeast Florida Blueway Florida Forever Project and encompasses 6,618 acres of uplands, 1,825 acres of wetlands and 22 acres of sovereign wetlands. In addition, the property contains 17 types of natural communities and 70 or more species listed by the Florida Natural Areas Inventory. Two eagle nest sites and a regionally significant wood stork rookery are located on the property. http://www.dep.state.fl.us/secretary/comm/2002/02_1210land.htm

CA: Yosemite Toad Warrants but Doesn’t Get Endangered Species Listing

Center for Biological Diversity news release, 12/10/02. The USFWS published a decision to delay Endangered Species Act (ESA) protection for the Yosemite toad (Bufo canorus), an imperiled amphibian inhabiting high elevation lakes and meadows in the central Sierra Nevada. Conservation groups had petitioned to list the toad under the ESA in March of 2000. The Service invoked a controversial loophole in the ESA, declaring that the toad warrants listing as an endangered species, but that the Service will not issue a listing proposal because it is making "expeditious progress" on "higher priority" listings. Instead, the species will be placed on the "warranted-but-precluded" list. http://www.biologicaldiversity.org/swcbd/press/toad12-10-02.html

Pennsylvania Biodiversity At Risk: Pittsburgh Post-Gazette 12/10/02

HerpDigest Volume #3 Issue #18, 12/28/02. “A new report by the Pennsylvania Biodiversity Partnership finds that as a result of the state's lack of a plan to protect and conserve biodiversity, ‘hundreds of critical and rare animals and plants either have disappeared or could soon’ says the Pittsburgh Post-Gazette 12/10.  The report cites ‘habitat loss and fragmentation, along with pollution’ as the ‘biggest threats’ to the state's biodiversity, a problem exacerbated by "public ignorance, insufficient funding, and lack of coordination among government and conservation organizations."  The report is on line at http://www.pabiodiversity.org/ as a downloadable PDF file.”

Wood Cutting May Benefit Rhode Island Reserve

Providence, RI, December 3, 2002 (ENS) - Limited woodcutting will be allowed in the Narragansett Bay National Estuarine Research Reserve in Rhode Island this winter.  The state's Department of Environmental Management (DEM) is accepting bids from individuals for the right to harvest cords of wood on Prudence Island under DEM's home fuelwood program. The agency says that selective woodcutting helps to improve wildlife habitat by stimulating new growth, and by creating den trees and cavity nesting sites, while providing firewood for residents.  The area to be cut is within the DEM managed Narragansett Bay National Estuarine Research Reserve at the southern end of Prudence Island. About 4,500 acres of upland, freshwater wetland, inter-tidal habitats, and sub-tidal areas of Narragansett Bay are managed through the reserve.  http://ens-news.com/ens/dec2002/2002-12-03-09.asp 

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NEW PUBLICATIONS and RESOURCES

Searchable Colonial and Non-Colonial Waterbird Bibliography Available Online

Northern Prairie Wildlife Research Center, 12/30/02. Update -- A searchable Colonial and Non-colonial Waterbird Bibliography has been added to the Effects of Management Practices on Wetland Birds resource. http://www.npwrc.usgs.gov/resource/literatr/wetbird/wetbird.htm

New Report Outlines Threats to National Parks Wildlife

National Parks Conservation Association news release.  Washington, D.C. - The National Parks Conservation Association (NPCA) today released a report that outlines threats to the plants and animals making up the biological diversity of the national parks. The report, "Biodiversity in the National Parks: Looming Threats to America's Most Valued Plants and Animals," also offers recommendations for protecting park biodiversity. http://www.npca.org/media_center/PressReleaseDetail.asp?id=124

Key Info Available, Strategic Investments Needed for Everglades Restoration

What's New @ national-academies.org, 12/20/02. A U.S. Department of the Interior research program has provided key information to help guide the ecological restoration effort in the Florida Everglades, but it needs more funding, better management and broader distribution of its findings, says a new report from the National Academies' Water Science and Technology Board.  Strategic investments in Everglades research will increase the chances of reaching restoration goals while reducing overall costs. http://www.national-academies.org/topnews/#tn1218  Also available: Regional Issues in Aquifer Storage and Recovery for Everglades Restoration: A Review of the ASR Regional Study Project Management Plan of the Comprehensive Everglades Restoration Plan. http://www.nap.edu/catalog/10521.html?onpi_listserv122002

Science.gov Web Site Connects Public to Government Science

Science.gov news release, 12/5/02. Washington, DC - Fourteen scientific and technical information organizations from 10 major science agencies have collaborated to create science.gov, the “FirstGov for Science” web site.  From science.gov, users can find over one thousand government information resources about science.  These resources include: technical reports, journal citations, databases, Federal web sites, and fact sheets.  The information is all free, and no registration is required. http://www.science.gov/communications/scigovpr-final.html

UV Radiation May Not Be Linked to Frog Declines

Environmental News Service, 12/4/02. San Diego – “Two new reports cast doubt on the importance of ultraviolet-b radiation (UV-B) as a factor driving amphibian population declines . . . New field studies presented in the journal ’Ecology’ suggests that UV-B may play little or no role in amphibian declines. The research was performed by scientists with the U.S. Geological Survey (USGS), the University of Washington, and the U.S. Environmental Protection Agency . . . ” http://ens-news.com/ens/dec2002/2002-12-04-09.asp  

New Digital Library: Flora and Fauna of the Great Lakes Region

The University of Michigan Library and its project partners, the Fish and Mammal Divisions of the University of Michigan Museum of Zoology and the Fungus Collection of the University of Michigan Herbarium, are pleased to announce a new digital library resource, "Flora and Fauna of the Great Lakes Region," at http://www.lib.umich.edu/programs/greatlakes/index.html. The web site provides access to specimen materials selected from the three museum divisions' extensive Great Lakes holdings. When complete, the resource will include 11 sub-collections, containing many images as well as collection data. A working prototype for a system to provide integrated access to all of the Museum Divisions' collections and additional content such as field notes and other supplementary information, the site is intended to facilitate access to natural history collections for the general user as well as the specialist interested in searching across domains.  For additional information, contact Terri Geitgey, Project Librarian, at tgeitgey@umich.edu

New Shorebird Management Listserve

Via the Great lakes Information Network, 12/5/02. A shorebird management listserve is now available where questions, comments or discussion are posted, and where professional wildlife managers can seek and share information.  The listserve will provide users with:  a forum to discuss approaches to managing shorebird habitats, information on shorebird management resources, answers to specific, regional management questions, a forum to discuss regional projects, technical advice on monitoring shorebirds.  Information on the conservation plans can be found at: http://shorebirdplan.fws.gov and http://www.cws-scf.ec.gc.ca/birds/sh_or_e.cfm.  To subscribe, send an e-mail indicating a wish to subscribe to Brad_Andres@fws.gov. 

Online Tutorial: Groundwater and Wetlands

The NSDL Scout Report for the Physical Sciences – 12/13/02. Groundwater and Wetlands is an excellent online tutorial provided by McGraw- Hill Companies. Although designed as an educational activity, the site can be enjoyed by learners of all ages. Topics include the hydrologic cycle, rock properties, groundwater systems, high plains aquifer, human modifications of groundwater systems, and wetlands information. Each well-designed section contains creative illustrations and/or photographs, as well as non-technical text. For those interested and so inclined, a series of quizzes and exercises are also provided, along with links to additional information. [JAB] http://www.mhhe.com/earthsci/geology/mcconnell/demo/index.html

NWF Fact Sheet: Isolated Wetlands Rulemaking May Hurt Hunting, Angling

Written by Julie Sibbing, National Wildlife Federation. Sportsmen and women should be very concerned about the potential impacts to fish and game of removing any waterways from protection under the Clean Water Act.  Check out the National Wildlife Federation's fact sheet for hunters and anglers on the potential impacts of the anticipated Bush Administration rulemaking proposing to eliminate some waters from protection under the Clean Water Act.  The fact sheet is available under "whats news" at http://www.nwf.org/wetlands/  Also under "whats news,  read Rep. John Dingell's statement to hunters and anglers about the importance of protecting all the nations waterways under the Clean Water Act.

Arctic Refuge Coastal Plain Terrestrial Wildlife Research Summaries

The U.S. Geological Survey (USGS) released today a summary report of more than 10 years of investigations on the biological resources of the Arctic National Wildlife Refuge in and near the 1002 Area, a region of about 1.5 million acres on the coastal plain in the northern part of the Arctic Refuge. The report and a transmittal letter from the USGS Director to the Secretary of the Interior are available at http://alaska.usgs.gov/BSR-2002/usgs-brd-bsr-2002-001.html

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POTPOURRI

2003 National Wetlands Awards Nominations Due Jan 10, 2003

Environmental Law Institute, 1/3/06. Take time now to recognize and nominate deserving wetland leaders this New Year.  The deadline for nomination forms for the 2003 National Wetlands Awards is January 10, 2003 (postmarked). Each year the environmental community comes together to honor individuals who have dedicated their time and energy to protecting our nation's precious wetlands. The National Wetlands Awards Program honors individuals from across the country who have demonstrated extraordinary effort, innovation, and excellence through programs or projects at the regional, state, or local level. Awards are given for the following categories: Education/Outreach, Science Research, Volunteer Leadership, Land Stewardship and Development, and Outstanding Wetlands Program Development. http://www.eli.org/nwa/nwaprogram.htm

Coastal Conservation Grants Available for Alaska Coasts

USFWS news release, 12/17/02. The U.S. Fish and Wildlife Service is again soliciting proposals for funding under the Alaska Coastal Conservation Grant Program. Non-governmental organizations, local governments, Native Alaskan organizations, state agencies and others may request up to $25,000 in matching funds for voluntary projects that restore, identify or protect coastal habitats. The program specifically targets projects that benefit migratory birds, anadromous fish, marine mammals or threatened or endangered species. More information and application guidelines are available at http://alaska.fws.gov/es/cpapplic.pdf. Proposals will be accepted until January 31, 2003. http://news.fws.gov/newsreleases/

Neotropical Migratory Bird Conservation Act: Request for Grants Proposals for Year 2003

Federal Register, 12/18/02. The purpose of this notice is to advise the public that the Fish and Wildlife Service (Service) is accepting proposals for funding under the Neotropical Migratory Bird Conservation Act (Act) program. Projects may be for protection and management of neotropical migratory bird populations; maintenance, management, protection, and restoration of their habitats; research and monitoring; law enforcement; and community outreach and education. Projects may be located in the United States, Latin America, or the Caribbean. Projects require matching funds. Proposals must be sent no later than Friday, January 31, 2003. Application materials may be found at http://birdhabitat.fws.gov.

Endangered Species Conservation Grants Available to the States   

USFWS news release, 12/17/02. The USFWS is seeking proposals from states and U.S. territories that are interested in acquiring land, or conducting conservation planning, for endangered species. The Service administers three separate grant programs to fund planning activities and land acquisition for federally protected species, and grants are expected to be awarded in spring of 2003. The grants are to be awarded from the Cooperative Endangered Species Conservation Fund, authorized under the Endangered Species Act. The three grant programs are Recovery Land Acquisition Grants; Habitat Conservation Planning Assistance Grants; and HCP Land Acquisition Grants. For more information about these grants visit http://endangered.fws.gov/grants/.

Chesapeake Bay Small Watershed Grants Program

The Small Watershed Grants Program provides grants to organizations working on a local level to protect and improve watersheds in the Chesapeake Bay basin, while building citizen-based resource stewardship. The purpose of the grants program is to address the water quality and living resource needs of the Chesapeake Bay ecosystem. The Small Watershed Grants Program has been designed to encourage the development and sharing of innovative ideas among the many organizations wishing to be involved in watershed protection activities. Under the 2003 Chesapeake Bay Small Watershed Grants Program, grants of up to $50,000 will again be awarded on a competitive basis to support projects which meet the following guidelines. For complete details visit http://www.nfwf.org

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