Public Lands Clips: April 3, 2024

 

 

ESA Changes May Test Supreme Court Limits On Agency Power — “The Biden administration’s new Endangered Species Act rules unify right, left and middle on one thing. Everyone knows that lawsuits come next. ‘It’s often the case that [ESA] policies get litigated from both supporters and opponents, who say that either they went too far or didn’t go far enough or are just going down the wrong road entirely,’ said Jonathan Wood, vice president of law and policy at the Montana-based Property and Environment Research Center. The challenges will target specific rule provisions, such as one that effectively gives threatened species the same protection as endangered species. The specific battles, though, will also be part of a broader fight over the power federal agencies have to impose regulations and then defend them in court. The legal terrain on which this happens is shifting, as the Supreme Court in recent years has cracked down on federal agencies that it perceives as overstepping their clearly established congressional authority. The court is also considering walking back the Chevron doctrine, an important legal tool for federal agencies to defend their regulatory decisions.” [E&E News, 4/2/24 (=)]

 

Greens Sue To Get ESA Protections For 4 Bumblebee Species — “Environmentalists sued the Fish and Wildlife Service on Tuesday over a delay in deciding whether four bee species will get Endangered Species Act protections. Citing what they called a series of badly missed statutory deadlines, the Center for Biological Diversity sued in a bid to compel ESA determinations for American bumblebees, Southern Plains bumblebees, variable cuckoo bumblebees and blue calamintha bees. ‘America’s bumblebees are in deep trouble, and it’s critical for the U.S. Fish and Wildlife Service to stop their plunge toward extinction,’ CBD scientist Jess Tyler said in a statement. Tyler, who earlier authored listing petitions submitted to the FWS on behalf of the species, added that ‘the decline of native bees across the U.S. is a preventable tragedy. We still have time to save these life-bringing pollinators.’” [E&E News, 4/2/24 (=)]

 

 

 

California

 

California Storms Deliver Above-Average Snowpack, Replenish Reservoirs — “California’s mountains are covered with snow, reservoirs are mostly filled and hills across the state are sprouting green grass and wildflowers after the latest round of soaking storms. The snowpack across the Sierra Nevada now stands at 105% of average for this time of year, and state officials will provide an update on conditions Tuesday when they conduct their April snow survey, which is typically when the snowpack reaches its peak. The state’s major reservoirs are at 116% of average levels, and are set to rise further as snowmelt streams in. After a second wet winter, the state is heading into spring and summer with boosted water supplies. ‘It puts us in very good shape,’ said Felicia Marcus, a water researcher at Stanford University. ‘Any time you get to average, that’s a great thing.’ Aggressive and impactful reporting on climate change, the environment, health and science. She said the ample snow and rain this year provide the state some breathing room, but shouldn’t diminish the urgency of planning for the next severe drought and the effects of climate change. ‘We’re on borrowed time,’ Marcus said. ‘We need to save more water, even in the wet and the normal years, to get us through the increasingly frequent and drier dries that are inevitably going to come.’” [Los Angeles Times, 4/2/24 (+)]

 

California Enters Spring With Vital Snowpack Above Average For A Second Year — “California has entered spring with an above-average mountain snowpack and major reservoirs in good shape for a second consecutive year, staving off immediate water supply concerns but not allaying drought worries in a warming world. The California Department of Water Resources measured the water content of the Sierra Nevada snowpack Tuesday at 110% of the April 1 average, a benchmark date because that is when it has historically been at its peak and helps inform runoff forecasts. Gov. Gavin Newsom had to wear snowshoes to follow a measuring crew across a meadow south of Lake Tahoe at Phillips Station, where in April 2015 predecessor Jerry Brown stood in a parched, brown field and ordered cities to cut water use by 25% due to drought. ‘We’re here nine years later reconciling the extremes, reconciling the extreme weather whiplash, and I think today punctuates the point,’ Newsom said in a livestream.” [Associated Press, 4/2/24 (=)]

 

‘Average Is Awesome’: California Pleased With Result Of Critical Snowpack Survey — “On Tuesday morning California officials trekked into the mountains to share some exciting and unusual news: the state’s snowpack measurement is just about average. Across the state, the snowpack came in at roughly 110% – a measurement that is exceedingly rare in a changing climate. The fourth survey of the year, conducted at the beginning of April, is considered one of the most crucial. It serves as an indicator for how the state’s water supply will fare through the drier, warmer seasons ahead. The snowpack acts as a water savings account for the state, supplying roughly 30% of California’s water and slowly refilling reservoirs, pumping rivers and streams and wetting soils during the dry, warm seasons as it melts. April typically marks the shift out of the precipitation season, which is why this snowpack measurement carries so much weight. ‘Average is awesome,’ Karla Nemeth, the director of the California department of water resources said, flanked by the governor, Gavin Newsom, and other officials in front of the picturesque slopes covered in white. ‘We have had some pretty big swings in the last couple years but average may be becoming a less and less common feature of snowpack in California.’” [The Guardian, 4/2/24 (+)]

 

How The Last 20 Years Of Sierra Snowpack Stack Up, In One Graphic — “The Sierra snowpack has reached its seasonal peak. The snowpack plays an important role in providing water to millions of Californians. Throughout the winter months, snow accumulates on the high peaks of the Sierra Nevada and slowly melts in the spring and early summer. The runoff fills dozens of major reservoirs downstream. Last year’s epic snowpack helped relieve a yearslong drought, reaching an eye-popping 252% of normal on April 8. By that date, the mountains held an average equivalent of 64.2 inches of water. The current snowpack now holds a healthy 28.6 inches of water on average after a series of winter storms alleviated concerns that California was facing a ‘snow drought.’ The California Department of Water Resources tracks the snow water equivalent in the Sierra using a network of 130 electronic sensors. The system went online in 1990s and began producing daily data in the early 2000s. Before that, officials relied on monthly snow surveys to measure the snowpack. This graphic plots a 20-year history of the Sierra snowpack, showing wet years interspersed with severe droughts.” [Los Angeles Times, 4/1/24 (+)]

 

CAISO Proposes $6.1B Transmission Plan, Mainly For Offshore Wind — “The California Independent System Operator is proposing $6.1 billion in transmission projects, mainly to help deliver offshore wind to customers, according to a draft transmission plan released Monday. Transmission projects to access clean energy resources total about $4.6 billion and are all in Pacific Gas & Electric’s service territory. Reliability-driven projects total about $1.5 billion. Two projects in northern California — costing an estimated $2.7 billion and $1.4 billion — would be open to competitive bidding, according to the draft plan. The plan is based on projections that California will need to add more than 85 GW by 2035 to meet its clean energy goals. The grid operator expects the projects, if approved, will be built over the next eight to 10 years. CAISO said the draft plan will provide access to more than 38 GW of new solar, including in Nevada and Arizona, as well as 21 GW of geothermal capacity, mainly in the Imperial Valley and southern Nevada.” [Utility Dive, 4/2/24 (=)]

 

Florida

 

Florida’s Tiny ‘Fairy Tale’ Deer Are Losing Habitat As Seas Rise — “Key deer are found in only one place: the Florida Keys. And they look like something out of a fairytale. The deer are so tiny, they measure only about two feet at the shoulder. Colangelo: ‘They are very cute animals, and people love them.’ That’s Nikki Colangelo of the U.S. Fish and Wildlife Service. Her agency is working to protect the species. As seas rise and storms become more extreme, the ocean threatens to swallow much of the deer’s habitat. Already, salt water is moving inland, so it’s harder for the deer to find fresh water. To help, the agency is improving habitat in places on higher ground that are more protected from sea level rise.” [Yale Climate Connections, 4/3/24 (=)]

 

Maine

 

Maine Voters Could Give State’s Trail System A $30M Boost — “Maine’s beloved outdoor trail network could receive millions of dollars of improvements under a proposal conservationists have asked lawmakers to put before voters. The state has long been a destination for hikers, cyclists, snowshoers and other outdoor adventurers, and the state has more than 14,000 miles of snowmobile trails alone. A proposal before the Maine Legislature would ask voters to approve $30 million in public money for the design, development and maintenance of both motorized and nonmotorized trails. A coalition of more than 500 organizations, businesses and towns in the state has rallied behind the proposal. Members of the coalition, which includes ATV Maine, Maine Municipal Association and the Maine Youth Camping Association, said investing in the trail network is critical to boosting the state’s economy. ‘In literally every corner of the state, trails are a valued resource for connecting Maine people and visitors with the natural world and reaching destinations to work and play,’ the coalition said in a statement. It added that the trails support tens of thousands of jobs.” [E&E News, 4/2/24 (+)]

 

Oregon

 

Arrested Forest Service Burn Boss Aims For Court Dismissal — “A Forest Service employee arrested in 2022 after a prescribed fire he was overseeing strayed onto private property is seeking to have his case moved from an Oregon county court to federal court, where charges could be dismissed. Lawyers for Ricky Snodgrass filed a motion in the U.S. District Court for the District of Oregon to remove the case from Grant County, where the district attorney charged him with reckless burning, a misdemeanor, in the October 2022 incident. In the filing, Snodgrass’ defense team from the Angeli Law Group in Portland said he was acting in his official federal capacity in supervising the planned fire on the Malheur National Forest and intends to argue that he’s immune from prosecution for that reason. The fire spread onto a ranch during unanticipated windy conditions and burned about 18 acres without injury to people or livestock, according to the filing. Forest Service crews were able to put out the fire in around an hour, but in the meantime, Grant County Sheriff Todd McKinley arrived at the scene and arrested Snodgrass on the reckless burning charge, an Oregon state offense. He was indicted more than a year later, on Feb. 2, and arraigned Feb. 16 following a review by local authorities.” [E&E News, 4/2/24 (=)]

 

Utah

 

Culture Wars And An Embattled Utah Monument — “Bears Ears National Monument was created by President Barack Obama then altered by successors Donald Trump and Joe Biden. Now, says Utah writer Stephen Trimble, a collaborative plan for its management has been entangled in a culture war over who gets to call the shots about the state’s magnificent public lands.” [KVNF, 4/2/24 (=)]

 

Wyoming

 

Governor Gordon Calls New BLM Methane Rule Harmful To WY Oil And Gas Producers — “Citing the outcome as troubling on several fronts, Governor Gordon criticized the Wyoming Department of Interior’s final rule released this week from the Bureau of Land Management on Waste Prevention, Production Subject to Royalties, and Resource Conservation – commonly known as the methane waste prevention rule. The Governor called for more scrutiny on the rule to determine whether BLM has extended beyond their statutory authority by adding more burdens to oil and gas producers and stacking on additional emission reductions efforts from the Environmental Protection Agency. Individually and combined, the effect will be harmful to Wyoming oil and gas producers. ‘BLM continues to oppress the consumer by imposing ridiculous regulations in an attempt to hinder the oil and gas industry in the Biden crusade’s appeal to their environmental groups. They will require oil and gas companies to pay royalties on flared gas resulting in consumers paying more to heat their homes,’ Governor Gordon said. ‘The long-term effect is less production and fewer jobs resulting in a net loss.” [The Cheyenne Post, 4/2/24 (=)]

 

 

 

Great Lakes

 

ME First — Line 5 Monitoring — “Michigan environmental group Straits of Mackinac Alliance is calling for an independent third-party review of safety and structural conditions of Enbridge’s Line 5 pipeline. The group, which has previously asked the state to shut down the pipeline because of concerns about the environmental harm a leak would cause in the Great Lakes, says in a new white paper that a monitoring system would help reduce the potential damage. The group added that Enbridge should pay for the system’s installation and upkeep but not be involved in its operation. The Alliance said it will also ask the federal government to conduct an engineering analysis on parts of the pipeline and review all in-line pipeline tests and external surveys that Enbridge did over the ‘recent past.’ An Enbridge spokesperson said the company was using the Enbridge Straits Maritime Operations Center with employees using radar scanners, high definition cameras and other equipment to monitor activity and coordinate safety measures in the Straits. The company has also submitted reports on Line 5 to the Pipeline and Hazardous Materials Safety Administration, the spokesperson said. ‘PMSA has validated this reporting process for Line 5,’ the spokesperson said. ‘Time and time again, they have also confirmed that Line 5 is safe.’” [Politico, 4/3/24 (=)]

 

 

 

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