WOTUS

 

Environmentalists Plan ESA Suit Over 2020 Clean Water Act WOTUS Rule. According to Inside EPA, “The Center for Biological Diversity and Waterkeeper Alliance are threatening to sue EPA and the Army Corps of Engineers over the recently finalized ‘waters of the United States’ (WOTUS) rule, alleging they failed to engage in mandatory consultation with other federal agencies under the Endangered Species Act (ESA) before finalizing the rule. ‘[B]y failing to initiate and complete consultation with the Services regarding the effects of the 2020 Dirty Water Rule on listed species and their critical habitat, and by failing to ensure against jeopardy, EPA is in violation of the Endangered Species Act,’ the environmental groups allege in a Feb. 18 notice of intent to sue. EPA and the Corps’ finalization of the rule without consultation with the Fish and Wildlife Service and the National Marine Fisheries Service constitutes ongoing violations of the ESA, the notice adds. ‘To remedy these violations, EPA must vacate its action finalizing the rule and immediately initiate consultation. To do otherwise places the agency in ongoing violation of Sections 7(a)(2) and 7(d) of the Act,’ the notice says. The environmental groups say they will pursue litigation if EPA and the Corps do not correct the alleged violations within 60 days. The groups say the 2020 rule ‘will directly, indirectly, and cumulatively impact endangered species and their habitats, and is likely to adversely affect endangered species across the Nation.’” [Inside EPA, 2/18/20 (=)]

 

Groups Threaten Endangered Species Lawsuit Over EPA Water Rule. According to Politico, “The Center for Biological Diversity, Waterkeeper Alliance and other conservation groups on Tuesday said they plan to sue EPA and the Army Corps of Engineers over the new Navigable Waters Protection rule. The groups argue that EPA failed to consult with the Fish and Wildlife Service on how the rule — which replaced the Obama administration’s Waters of the U.S. rule and scaled back federal Clean Water Act protections for many watersheds and rivers, particularly in the West — would affect endangered species. ‘Stripping these waterways of CWA protections will result in individual waterways — including endangered and threatened species’ habitats — being destroyed and will lead to direct degradation of species environments, cumulative downstream impacts to water bodies that will harm endangered species due to diminished water quality, and could harm or even kill any number of federally listed and protected species,’ the groups wrote in their notice of intent to sue, dated Feb. 13. EPA ‘must vacate its action finalizing the rule and immediately initiate consultation’ on endangered species, the groups added. The groups can formally sue EPA after a 60-day clock started by the notice. EPA declined to comment on pending litigation.” [Politico, 2/18/20 (=)]

 

Green Groups Plan To Sue Over Trump Rollback Of Obama Waterway Protections. According to The Hill, “A coalition of environmental groups informed the Trump administration Tuesday that it would sue over a major rollback of water protections designed to replace the Obama-era Waters of the U.S. (WOTUS) rule. ‘Trump’s despicable giveaway to polluters will wipe out countless wetlands and streams and speed the extinction of endangered wildlife across the country,’ Brett Hartl, government affairs director at the Center for Biological Diversity, said in a statement. ‘Even as we’re fighting this in court, the polluters will rush to fill in wetlands and turn our waterways into industrial toilets.’ The coming suit, which is spearheaded by the Center for Biological Diversity and includes a number of waterway protection groups, is the first of what may be many suits against the rule. President Trump’s Navigable Waters Protection Rule, finalized last month, dramatically limits the scope of protections for the nation’s waterways, excluding many smaller bodies of water, including seasonal ones, from federal oversight. Critics argue the rule ignores that all waterways are connected, with reduced protections increasing the risk that pollution and pesticides will flow downstream into bigger water bodies that serve as drinking water sources.” [The Hill, 2/18/20 (=)]

 

Enviro. Groups Say New State Rule For Developers Puts Endangered Species At Risk. According to New Hampshire Public Radio, “Environmental groups say a new state rule, which has support from the construction industry and could become permanent, puts endangered species at greater risk from development. For years, state regulation has mandated that development projects ‘not result in adverse impacts’ to a list of more than 50 critters that the state considers threatened or endangered. Those include the New England cottontail, golden eagle and frosted elfin butterfly, along with animals that are subject to separate federal protections, such as the piping plover, Canada lynx and eastern wolf. The Department of Environmental Services has long enforced its permitting rule by allowing developers to offer mitigation plans that minimize or offset unavoidable impacts – and Jim O’Brien, a spokesman for the Nature Conservancy in New Hampshire, says this has generally worked out. ‘Doing avoidance first if you can, and then mitigating impacts to species – that makes sense,’ O’Brien says. ‘We don’t want to stop all development from happening, and we feel that DES, through its regulatory approach, can work with developers to find the right path forward for projects.’ But now, a November order by the state Supreme Court is changing that process. The court was asked to review a legal challenge to mitigation plans for two protected turtle species and one kind of snake on the site of a proposed gravel mine in Milford. Local advocates said the developer hadn’t demonstrated they could avoid all adverse impacts to the animals, and that under state rules, the project could not proceed.” [New Hampshire Public Radio, 2/18/20 (=)]

 

Despite Narrowed Scope, WOTUS Rule May Expand Some CWA Coverage. According to Inside EPA, “The Trump administration’s new rule revising the definition of ‘waters of the United States’ (WOTUS) under the Clean Water Act (CWA) is generally seen as narrowing the scope of the law, especially for wetlands, but some of the changes might expand coverage over intermittent waters compared to the Obama-era rule, legal experts say. Additionally, the EPA and the Army Corps of Engineers’ changed interpretation of what is covered by the CWA term ‘traditional navigable waters’ (TNW) in the preamble to the rule without a change in the rule’s text raise questions about whether federal courts will grant the agencies deference on their interpretation of the law, Tony Francois, a senior attorney with the free-market Pacific Legal Foundation, said during Feb. 13 teleforum hosted by the Federalist Society’s Regulatory Transparency Project. However, John Paul Woodley, who served as assistant secretary of the Army for civil works during the George W. Bush administration, said there may be few applied situations where the changed interpretation can be challenged, noting that the two examples Francois gave would likely clearly be either covered or not covered due to other factors. The 2020 WOTUS rule, signed Jan. 23 and expected to be published in the Federal Register in late February or early March, responds to President Donald Trump’s executive order directing the agencies to ‘consider interpreting the term ‘navigable waters,’ as defined in [the CWA], in a manner consistent with the opinion of Justice Antonin Scalia in Rapanos v. United States.’” [Inside EPA, 2/18/20 (=)]

 

Coal Ash

 

After Historic Environmental Spill, TVA Says It Now Has 'World Class' Coal Ash Cleanup Approach. According to Chattanooga Times Free Press, “The coal ash slurry spill at the Kingston Fossil Plant more than 11 years ago dumped more than 1.1 billion gallons of coal fly ash into neighboring rivers and properties in one of the worst environmental spills in U.S. history. TVA President Jeff Lyash said the spill ‘should never have happened’ and TVA needs to and has taken responsibility for the mistakes that led to the ash dike failure. But in spite of claims by some cleanup workers that they were lied to and unnecessarily harmed by TVA’s main contractor for the cleanup, Lyash said the ultimate site restoration has become a model for other utilties on how to clean up coal ash. ‘I’ve spent significant time in Kingston looking at the restoration of that environment and the way we are handling and storing coal ash today is world class,’ Lyash said following the quarterly TVA board meeting last week in Mississippi. ‘It was done right and it is still being done right and others are benchmarking TVA at that site to learn lessons how to do this correctly. This is something that shouldn’t have happened but I think has effectively been recovered.’” [Chattanooga Times Free Press, 2/18/20 (=)]

 

Juliette Residents Concerned About Coal Ash From Georgia Power Plant. According to The Atlanta Journal Constitution, “Residents of the city of Juliette are rallying behind a pair of bills working through the state legislature that would require more stringent standards for the disposal of coal ash. At a meeting on Monday night in Monroe County— the third such meeting held for the community — environmental advocates, county officials, residents and at least one state representative expressed concerns about how the plant waste might be managed at Georgia Power’s Plant Scherer and how Juliette residents could be assured their water is clean in the interim. Residents have been concerned that the coal ash— waste from coal-fired plants that may contain arsenic, lead, mercury and other heavy metals that can be toxic to humans — has gotten into their water supply.With more than 6 million tons of coal ash produced each year, Georgia is one of the top coal ash-generating states. Most of Georgia’s coal ash has been generated by Georgia Power at 11 coal-fired power plants stretching from Rome in the northwest part of the state to Brunswick on the coast.” [The Atlanta Journal Constitution, 2/18/20 (=)]

 

Toxic Algae

 

Water Quality Issues, Solutions Center Stage At Collier County Town Hall. According to Naples Daily News, “After red tide and blue-green algae blooms recently ravaged Southwest Florida beaches and waterbodies, water quality once again took center stage Tuesday in Collier County. A panel of scientists and stakeholders discussed potential health effects of blue-green algae, best management practices for agriculture, control and mitigation of red tide and other topics during a public town hall at the county commission chambers. For a stretch of 17 months, from the fall of 2017 into early 2019, a red tide bloom lingered along Southwest Florida’s shores, said Cynthia Heil, director of Mote Marine Laboratory’s Red Tide Institute in Sarasota. It was the fifth-longest red tide bloom in Florida history. ‘There were significant environmental impacts,’ she told attendees. ‘There was significant human health impacts, and significant economic impacts.’ It affected three coasts and Southwest Florida was ‘particularly impacted,’ Heil added. The bloom was so severe that it refocused both the public and the scientific interest on control and mitigation of red tide, she said. The first rule of red tide mitigation, Heil said, is do no more harm than the bloom itself is causing. ‘We don’t want to make it worse,’ she said. Researchers also understand that any type of mitigation has to be ecologically sound, economically feasible and logistically attainable.” [Naples Daily News, 2/18/20 (=)]

 

Drinking Water

 

Driven By Climate Change, Desalination Researchers Seek Solutions To Water Scarcity. According to WBUR-Radio, “The state of California has dedicated $34 million for eight desalination facilities across the state amid growing concerns about water scarcity in the U.S. Desalination is when saltwater is converted into freshwater. Though 71% of the Earth is made up of water, extreme weather linked to climate change is adding to concerns about water scarcity. Scientists estimate that by 2071, nearly half of the 204 freshwater basins in the U.S. may not be able to meet the monthly demand for water, according to a study published in the journal Earth’s Future. Extracting salt from water seems like an easy fix to a global problem, but the process of desalination can be expensive, and it can also have a huge impact on the environment. That’s why some researchers are looking into how to lower the cost and improve efficiency. Desalination technology can cost anywhere between two to 10 times the cost of traditional freshwater sources, says Meagan Mauter, research director for the National Alliance for Water Innovation and an associate professor of civil and environmental engineering at Stanford University. ‘I think it’s very important to think about seawater desalination as one part of a much broader water portfolio,’ she says. ‘In the same way that we don’t rely solely on solar panels to provide electricity, we shouldn’t be thinking about relying solely on next-generation desalination facilities to provide water.’” [WBUR-Radio, 2/19/20 (=)]

 

PFAS

 

Democrats Slam EPA For Missed Deadline On PFAS. According to E&E News, “More than a dozen senators expressed frustration with EPA last week over its plans for per- and polyfluoroalkyl substances, also known as PFAS. The lawmakers, led by Sens. Jeanne Shaheen (D-N.H.) and Kirsten Gillibrand (D-N.Y.), fired off a letter asking Administrator Andrew Wheeler why the agency has yet to make a regulatory determination on whether to create drinking water standards for two types of PFAS: PFOA and PFOS. PFOA and PFOS are two of the most studied PFAS, a class of about 7,000 chemicals. PFAS have been used in Teflon and firefighting foam but are now linked to health problems like cancer. EPA created a PFAS action plan about a year ago and planned to decide whether to create a drinking water standard for PFOA and PFOS by the end of 2019, but the agency missed that deadline. ‘We believe that the PFAS Action Plan is, alone, insufficient to address the scope and urgency of the problems associated with PFAS, and is merely a first step towards doing so,’ the senators wrote. EPA, for its part, argues the agency has been working to help states and local communities address PFAS contamination. A spokesperson said EPA has issued guidance for groundwater cleanup of PFOA and PFOS contamination and sent a ‘proposed regulatory determination for PFOA and PFOS to the Office of Management and Budget for interagency review.’” [E&E News, 2/18/20 (=)]

 

Dourson Suggests Public-Private Bid To Resolve Split On PFOA Risk Value. According to Inside EPA, “Michael Dourson, a former nominee to lead the Trump EPA’s toxics office, is suggesting a key public-private sector group launch an effort to resolve international differences on health risks from one of the most studied perfluorinated chemicals, an effort that could produce a weaker risk level to undermine some states’ stricter values. In slides Dourson presented at a January toxicology forum in Virginia, he says there is a 500-fold difference in safe doses of perfluorooctanoic acid (PFOA) among international governmental agencies. And in an email he to sent to colleagues and others, Dourson suggests scientists petition the Alliance for Risk Assessment (ARA) public-private steering committee of which he is a member ‘to build a coalition of groups to resolve the large discrepancy among PFOA safe doses internationally.’ ARA is a risk assessment coalition associated with Dourson’s consulting group, Toxicology Excellence for Risk Assessment, and is known for pushing back against EPA on some risk assessment values as being too stringent. Dourson’s colleague, Bernard Gadagbui, is slated to give a briefing on an alternative approach to reviewing PFOA risks during a Feb. 19 ARA ‘Beyond Science and Decision’ workshop. If ARA were to take on the task of reviewing and identifying a new PFOA risk value, it could potentially produce an assessment that pushes back against what other scientists have said is settled science on one of the most studied per- and polyfluoroalkyl substances (PFAS). Such a value could call into question state risk estimates that have increasingly moved to more conservative levels.” [Inside EPA, 2/18/20 (=)]

 

Plastic Pollution

 

'Recyclable' Labels On Plastic Products Are Often Misleading, Says Review. According to The Hill, “Much of plastic packaging sold in the U.S. is not recyclable, an extensive survey of plastics reveals, which the environmental NGO Greenpeace released on Tuesday. Greenpeace USA surveyed 367 material recovery facilities (MRFs), located in the U.S, which are plants that take in, sort and prepare recyclable materials to be sold and repurposed. They concluded that companies and retailers can only label two types of plastic bottles and jugs (PET #1 and HDPE #2) legitimately as recyclable. In fact, there are many common plastic items that have been polluting oceans that may not be labeled ‘recyclable’ under the Federal Trade Commission’s (FTC) requirements after all. Among these items are plastic tubs, cups, lids, plates and trays. Even certain PET #1 and HDPE #2 plastic bottles and jugs wouldn’t be recyclable if certain full body shrink sleeves were added. The research, in other words, makes clear that many of America’s recycling facilities can only accept two types of plastic items because those are the kinds that have enough market demand and domestic processing capacity. That means that — according to Greenpeace — companies should not be labelling plastics #3-7 as recyclable; those items are being sent to landfills and incinerators most of the time no matter how many consumers throw them in the blue bin.” [The Hill, 2/18/20 (+)]

 

Labels Don't Always Mean Product Is Recyclable — Report. According to E&E News, “Many plastic items with recycle labels go to landfills or incinerators because local recycling facilities in the United States have trouble processing them, according to a new survey. The Greenpeace report released today found that just 14% of 367 recycling facilities surveyed accept plastic to-go food containers, 11% accept plastic cups and 0% accept plastic coffee pods. That’s in spite of the triangular recycle symbols emblazoned on some of these products. ‘This survey confirms what many news reports have indicated since China restricted plastic waste imports two years ago — that recycling facilities across the country are not able to sort, sell and reprocess much of the plastic that companies produce,’ said Jan Dell, the study’s lead author, in a statement. Numbers inside the triangular recycle labels indicate the seven major plastic recycling categories. Category 1, or polyethylene terephthalate, includes plastic drink bottles. Category 2, high-density polyethylene, includes shampoo bottles and milk jugs. Those were the only plastics that all of the surveyed facilities accepted. About 23% and 12% of those materials are recycled after consumers use them, according to the report. Categories 3 to 7 include products such as plastic film, yogurt containers and Solo cups. The Greenpeace report alleges that companies using recycle labels 3 to 7 violate the Federal Trade Commission’s Green Guides for product claims and labeling because so few recycling facilities accept these products.” [E&E News, 2/18/20 (=)]

 

Water Infrastructure

 

Florida

 

AP | 211M Gallons Of Sewage Spills Into Fla. City's Waterways. According to E&E News, “Fort Lauderdale officials say 211.6 million gallons of sewage has spilled into the Florida city’s waterways in the past few months. The Sun Sentinel reports that’s enough to fill 320 Olympic-sized pools. The city’s aging sewer pipes broke six times in December and spewed 126.9 million gallons of sewage — ranking as one of South Florida’s biggest spills ever. The spills fouled the Tarpon River, the Himmarshee Canal and streets in three neighborhoods. According to what officials told the state Department of Environmental Protection, 79.3 million gallons spilled into George English Lake over a 10-day period that began Jan. 30 and ended Feb. 8. Then an additional 5.4 million gallons flooded streets near a park right across from a popular mall. In recent weeks, crews also have rushed to fix another string of water main breaks, forcing the city to warn residents to boil their tap water before drinking, brushing their teeth or washing dishes.” [E&E News, 2/18/20 (=)]

 

Fort Lauderdale’s Busted Pipes Spilled 211.6 Million Gallons Of Sewage On Waterways And Roads. According to South Florida Sun Sentinel, “A gut-wrenching amount of toxic sewage spilled into Fort Lauderdale waterways in the past two months alone: 211.6 million gallons. That’s enough to fill 320 Olympic-sized pools and scare even the most die-hard kayakers from getting into the water for awhile. Fort Lauderdale fisherman Jeff Maggio hasn’t been to George English Park since sewage began spewing out of a pipe buried underwater on Jan. 30. ‘All the fish are dead there,’ he said Sunday. ‘Everything’s just gone. Crabs, oysters, barnacles and plankton. Crews have been out there picking up hundreds of fish out of the water so it doesn’t look like holy hell. Manatees are swimming in that poison.’ Mayor Dean Trantalis called news of the pollution caused by the city’s own pipes devastating. City officials are working with environmentalists to come up with an emergency plan to restore the waterways, but Trantalis warned it may take months for things to return to normal. He said he plans to discuss seeking help from federal and state agencies at the commission’s meeting on Tuesday. ‘Considering the extent of this pollution, we should be more than eligible for state and federal assistance,’ he said. ‘We cannot suffer this burden alone.’” [South Florida Sun Sentinel, 2/17/20 (=)]

 

Yet Another Water Main Breaks In Fort Lauderdale. City Issues A Boil Water Notice. According to Miami Herald, “Fort Lauderdale crews rushed to fix yet another water main break Monday that left some residents with low water pressure and forced others to boil their water before using it. The break, which affected a 6-inch pipe, happened near Broward Boulevard and Southeast Eighth Avenue. This is the 10th water main or sewer break in Fort Lauderdale since early December. City workers are on site cutting asphalt in preparation for digging work. Once they finish that, they will work on the excavation to expose the damaged area of pipe and repair it. The city issued a precautionary boil water notice at 5:10 p.m. Monday for residents of the area. The advisory will remain in place for at least the next two days while workers complete repairs. But the advisory could be extended until the water passes a safety test. The properties affected by the incident: 800 E. Broward Blvd. (a six-story low-rise named Cumberland Building), 100 SE Eighth Ave., 104 SE Eighth Ave., and 108 SE Eighth Ave. Residents must boil all water that is being used for drinking, cooking, making ice, brushing teeth and washing dishes for at least a minute. The city also issued a traffic advisory. The southernmost eastbound lane of Broward Boulevard is closed from Federal Highway to Southeast Eighth Avenue. Drivers can’t access southbound Southeast Eighth Avenue from Broward Boulevard. Northbound traffic on Southeast Eighth Avenue will be detoured to Federal Highway via Southeast First Street.” [Miami Herald, 2/19/20 (+)]

 

Fort Lauderdale Is Facing A $1.8 Million Fine After 206 Million Gallons Of Sewage Was Discharged Into The City's Waterways. According to CNN, “Over the last two and a half months, more than 206 million gallons of toxic sewage has spilled into Fort Lauderdale waterways. That’s the equivalent of 312 Olympic-sized swimming pools. And now, the state of Florida is saying enough is enough. It has slapped Fort Lauderdale with a $1.8 million fine that the city is expected to pay by March 31, according to a letter sent to the city and obtained by CNN. The issue first began in December 2019. Since then, the city’s aging sewer pipes broke and discharged raw sewage seven times into multiple neighborhoods and tourist destinations. The most recent spill was on January 30 when millions of gallons of sewage began spouting out of the pipes buried under Fort Lauderdale’s George English Park, home to the city’s famed George English Lake. ‘All the fish are dead there,’ Fort Lauderdale fisherman Jeff Maggio told the South Florida Sun-Sentinel. ‘Everything’s just gone. Crabs, oysters, barnacles and plankton. Crews have been out there picking up hundreds of fish out of the water so it doesn’t look like holy hell. Manatees are swimming in that poison.’” [CNN, 2/19/20 (=)]

 

Fort Lauderdale Mayor Could Seek Federal Assistance After 211M Gallon Sewage Spill. According to The Hill, “Hundreds of millions of gallons of toxic sewage have spilled into bodies of water and roads off the Atlantic coast of Florida, killing fish and sea creatures as well as leaking into residential houses and buildings. Fort Lauderdale Mayor Dean Trantalis (D) plans to discuss requests for state and federal aid as more than 211 million gallons of raw sewage have spilled out in a series of pipe breaks since late last year. ‘There’s no way anyone could have taken care of every single aspect overnight. It’s going to take years to do it,’ Trantalis said in an NBC News interview. Back in December, pipes near the city reportedly broke six times, releasing 126.9 million gallons of sewage. The waste reportedly filled the streets of three neighborhoods as well as the Tarpon River and Himmarshee Canal. At the end of January, another pipe burst, spilling for 10 days. And early this month, another 79.3 million gallons spilled into George English Lake, as well as another 5.4 million gallons overflowing streets near George English Park, across from a local shopping center, according to NBC News. ‘All the fish are dead there,’ Fort Lauderdale fisherman Jeff Maggio told the South Florida Sun-Sentinel. ‘Everything’s just gone. Crabs, oysters, barnacles and plankton. Crews have been out there picking up hundreds of fish out of the water, so it doesn’t look like holy hell. Manatees are swimming in that poison.’” [The Hill, 2/18/20 (=)]

 

More Than 211 Million Gallons Of Sewage Spill Into Fort Lauderdale's Waterways. According to NBC News, “More than 211 million gallons of sewage has spilled into the waterways and streets of Fort Lauderdale, Florida, killing fish, seeping into houses and prompting the mayor to plead for state and federal assistance. The problems began in December, when aging sewer pipes in the beachside city broke six times, releasing 126.9 million gallons of toxic sewage — one of South Florida’s biggest spills ever, according to the South Florida Sun-Sentinel of Fort Lauderdale. The waste poured into streets in three neighborhoods of the popular tourist destination, as well as the Tarpon River and Himmarshee Canal, the newspaper reported. Then, over the course of 10 days at the end of January and the beginning of February, 79.3 million more gallons spilled, this time into George English Lake, the Sun-Sentinel said. Another 5.4 million gallons flooded streets near George English Park, across from a popular mall. ‘All the fish are dead there,’ Fort Lauderdale fisherman Jeff Maggio told the Sun-Sentinel on Sunday. ‘Everything’s just gone. Crabs, oysters, barnacles and plankton. Crews have been out there picking up hundreds of fish out of the water so it doesn’t look like holy hell. Manatees are swimming in that poison.’” [NBC News, 2/19/20 (+)]

 

California

 

AP | Trump Delivers On Pledge For Wealthy California Farmers. According to The New York Times, “Hoisting the spoils of victories in California’s hard-fought water wars, President Donald Trump is directing more of the state’s precious water to wealthy farmers and other agriculture interests when he visits their Republican Central Valley stronghold Wednesday. Changes by the Trump administration are altering how federal authorities decide who gets water, and how much, in California, the U.S. state with the biggest population and economy and most lucrative farm output. Climate change promises to only worsen the state’s droughts and water shortages, raising the stakes. Campaigning in the Central Valley farm hub of Fresno in 2016, Trump pledged then he’d be ‘opening up the water’ for farmers. Candidate Trump denounced ‘insane’ environmental rules meant to ensure that enough fresh water stayed in rivers and the San Francisco Bay to sustain more than a dozen endangered fish and other native species, which are struggling as agriculture and development diverts more water and land from wildlife. Visiting Bakersfield in the Central Valley on Wednesday, Trump is expected to ceremoniously sign his administration’s reworking of those environmental rules. Environmental advocates and the state say the changes will allow federal authorities to pump more water from California’s wetter north southward to its biggest cities and farms. The Trump administration, Republican lawmakers, and farm and water agencies say the changes will allow for more flexibility in water deliveries. In California’s heavily engineered water system, giant state and federal water projects made up of hundreds of miles of pipes, canals, pumps and dams, carry runoff from rain and Sierra Nevada snow melt from north to south — and serve as field of battle for lawsuits and regional political fights over competing demands for water. Environmental groups say the changes will speed the disappearance of endangered winter-run salmon and other native fish, and make life tougher for whales and other creatures in the San Francisco Bay and Pacific Ocean.” [The New York Times, 2/18/20 (=)]

 

AP | Farmers Push Back Against Tracking Data On Groundwater Wells. According to E&E News, “The agriculture industry is pushing back against efforts in the Arizona Legislature to track the amount of water being drawn from large groundwater wells in rural areas around the state. State water officials say getting the data would help Arizona better plan for future water use. But the agriculture industry sees bills to install measuring devices and submit annual reports, for example, as moves toward regulation. Groundwater accounts for about 40% of Arizona’s total water use, but the state doesn’t require wells to be metered outside what are known as active management areas, said Carol Ward, the deputy assistant director for water planning at the Arizona Department of Water Resources. Without data from wells themselves, the agency relies on U.S. Geological Survey estimates of water use that are based on croplands surveys. ‘This block represents an option for a very substantial chunk of additional data,’ Ward said. ‘This is the largest opportunity. This is the gaping hole in the state.’ The disagreements over tracking groundwater emerged during a recent meeting of a state-appointed committee that focuses on groundwater in rural areas, The Arizona Republic reported. Some committee members expressed concern that the data could be publicly disclosed and used against well owners in court cases over water, or that it might be used to start charging fees.” [E&E News, 2/18/20 (=)]

 

Ore. Governor Urges Removal Of Four Disputed Dams. According to E&E News, “Oregon Gov. Kate Brown last week backed the call for the removal of four controversial dams in southeast Washington to save the Pacific Northwest’s iconic salmon. The Democrat wrote Washington Gov. Jay Inslee (D) that breaching the dams on the Lower Snake River would have the greatest long-term impact on boosting the fish, adding fuel to a growing push to remove impoundments that have been the subject of decades of litigation. Brown said that recovering the salmon is key to saving the threatened pod of orcas off the Pacific Northwest that relies on the fish for food. ‘The science is clear that removing the earthen portions of the four Lower Snake River dams is the most certain and robust solution to Snake River salmon and steelhead recovery,’ she wrote. ‘No other action has the potential to improve overall survival two- to three-fold and simultaneously address both the orca and salmon recovery dilemma,’ the letter said. The letter immediately sparked outrage among the dams’ supporters, including members of Congress who represent areas where the dams are located. Brown’s ‘position is not only misguided, it is shocking and extreme,’ Washington Reps. Dan Newhouse (R), Cathy McMorris Rodgers (R) and Jaime Herrera Beutler (R) said in a statement. ‘This is yet another example of state officials trying to interfere in the operation of critical federal infrastructure,’ the lawmakers said. … A federal court has ruled on five occasions that the recovery program for salmon and steelhead — funded by the federal Bonneville Power Administration, which sells the power from the federal dams in the region — runs afoul of the Endangered Species Act.” [E&E News, 2/18/20 (=)]

 

Misc. Waterways

 

Trump Budget Plan Calls For $250M For Florida Everglades. According to Associated Press, “In his new budget, President Donald Trump has proposed $250 million for a variety of Everglades restoration projects, many of which have been on the drawing board for decades. Florida is critical for Trump’s reelection bid and the state’s voters are well aware of the major environmental problems facing it, including climate change and water quality issues. U.S. Sen. Marco Rubio, a Republican who has become a staunch Trump ally, said the boost in funding will keep many projects on track after years of fits and starts. Some involve construction of reservoirs to act as filters that would keep out harmful nutrients and pollutants; others would deal with the quality and quantity of water flowing south through Everglades National Park into Florida Bay. This not only helps the unique ecosystem of the Everglades — home to rare species like the Florida panther and the ghost orchid — but also the drinking water that millions of South Florida residents rely upon. … Still, despite the increase in proposed funding — $50 million over the previous year, many Democrats and environmental groups say the Trump administration wants to cut so many other key programs at the Environmental Protection Agency, Interior Department and elsewhere that the Everglades money amounts to window dressing. ‘It really speaks volumes as to the misplaced priorities of Republicans at the federal level,’ said Democratic state Sen. Jose Javier Rodriguez of Miami,who wears rain boots at the state Capitol to underscore the dangers of climate change. ‘This is not a budget that in any way reflects the reality that Floridians face.’” [Associated Press, 2/19/20 (=)]

 

Commissioners Thank DeWine, Slam Trump Over Their Recent Water Quality Decisions. According to The Blade, “The all-Democratic Board of Lucas County Commissioners publicly thanked Republican Gov. Mike DeWine on Tuesday for embracing a strong, rules-driven western Lake Erie cleanup strategy that environmentalists have wanted and big agriculture has opposed for years. But at the same news conference, held Tuesday morning inside One Government Center, Commissioner Pete Gerken said the Trump Administration’s recent rollback of an important wetlands rule threatens to undo progress being made toward improving northwest Ohio water quality. Mr. Gerken also said he believes it’s time for the county board to call for a moratorium on new or expanded permits for livestock facilities large enough to be classified by the state of Ohio as concentrated animal feeding operations, or CAFOs. Those and similar type facilities have been blamed by politicians and activists for contributing heavily to western Lake Erie algal blooms, but many scientists have said there has not been direct evidence established to prove that. ‘We’re grateful, but we do not take that with any illusion’ that the job’s done, Mr. Gerken said of the upcoming state program that seeks to crack down on major sources of nonpoint source pollution, mostly agricultural runoff.” [The Blade, 2/18/20 (=)]

 

 

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