Forest Service Renews Nestlé’s Water Permit: “The San Bernardino National Forest (SBNF) approved on June 27 renewal of a special use permit for Nestlé Waters North America (Nestlé) to continue extracting water from Strawberry Creek, south of Rimforest. Joseph Rechsteiner, district ranger, issued an email that stated: “I am pleased to announce that I have signed the Decision Memo for the Nestlé Waters North America special use permit. “Based on my evaluation of the project record (including public comments, specialist reports, and consultation with other agencies) I have decided to approve the continued occupancy and use of National Forest System lands for the extraction and transmission of water using existing improvements, subject to resource protection measures designed to ensure compliance with the San Bernardino National Forest Land Management Plan.” The email goes on to explain that the initial permit term will be three years, with the provision for annual permits for an additional two years. The maximum permit term covered by this decision is five years, Rechsteiner noted. There are some bad things, some minor and others of more concern: 1) In keeping with the current administration’s efforts to weaken NEPA (National Environmental Policy Act), strengthen corporations’ and businesses’ influence over environmental decisions, reduce regulations, streamline decisions, etc. This decision does just that; 2) Making this decision with a Decision Memo based on a Categorical Exclusion (CE) as they have done is a complete misuse of the authority. This is the most controversial, and one most scientifically unsure projects on the [San Bernardino] National Forest in many decades. It has potentially significant impacts and should provide for public involvement as provided for in EAs (Environmental Assessments) or EISs (Environmental Impact Statements). This fits the category very broadly, but there are extraordinary circumstances that should require an EA or EIS and much more public/group/agency involvement. This Decision Memo cannot be appealed, so does not provide the chance to review and ask for reconsideration of specific parts of the decision such as the adaptive management plan; 3) The decision gives Nestlé too much control over developing the adaptive management plan, monitoring plan and implementation. Having the consultants work for Nestlé will bias the outcome, even if everyone tries to keep it out. That is just the way it is. Their consultants concluded no significant impact from water diversion on plants and animals in their application materials after only one year of study during this historic drought.”

[Mountain News, 7/4/18] https://goo.gl/Dxf4Cf

Why protecting the environment, nation are not mutually exclusive for Navy: “For many years, the Navy has shown we can provide sailors critical training while also being good stewards of our oceans. Environmental stewardship is important to the Navy, and we follow the law. In compliance with the National Environmental Policy Act, the Navy is again conducting a thorough analysis of potential environmental impacts from its proposed training and testing activities, the result of which will be a new HSTT Environmental Impact Statement (EIS). This 2018 HSTT EIS, which will be completed in November, will lay out potential impacts of the Navy’s activities in the region as well as mitigations we intend to employ that will minimize environmental impacts while still preparing our forces to support potential military operations. For instance, we limit sonar usage and shut down active sonar when marine mammals are spotted within certain distances of our ships and submarines. Many of the mitigations we are proposing are a continuation of the same successful types of practices we have followed for decades with some minor adjustments. These mitigations, however, must complement the Navy’s requirement to authentically train and test our forces… While the Navy conducts a wide variety of training and testing activities, active sonar usage is often the most criticized. The fact is that realistic training and testing are crucial for military readiness and our national defense. Failure to detect and defend against a threat can cost lives. Today, more than 300 extremely quiet and modernized submarines are operated by more than 40 nations worldwide, and those numbers are growing. These quiet, difficult-to-detect submarines, as well as sea mines and torpedoes, are threats to global commerce, national security and the safety of our American sailors. Active sonar remains the Navy’s most effective means of detecting those extremely dangerous, and very real, threats. Sonar proficiency is a complex and perishable skill that requires our sailors to regularly train in realistic conditions at sea. While the Navy uses simulators as part of our training, no simulator can fully replicate real-world training in a complex and dynamic environment. Additionally, scientific research, acquisition, maintenance and repair of sonar systems require at-sea and pier-side testing to deliver combat-ready systems and sailors capable of winning wars.”

[San Diego Union Tribune, 7/3/18] https://goo.gl/aMe9qm

FCC Asks DC Circ. To Pause Small-Cell Rule Challenges: “The Federal Communications Commission asked the D.C. Circuit to put on hold combined challenges from Native American tribes and environmentalists to an agency rule exempting from environmental and historic reviews small-cell fixtures necessary for building up next-generation or 5G networks. The FCC on Monday asked the court to hold in abeyance the consolidated cases challenging a decision to exclude various small wireless fixtures from reviews under the National Environmental Policy Act and National Historic Preservation Act.”

[Law 360, 7/3/18] https://goo.gl/dXMfFJ

Governor Ricketts: Connecting communities to grow Nebraska: “Nebraska has a long tradition of investing in infrastructure to help connect our communities and grow our state. Whether you are taking your kids to school or moving farm equipment from field to field, infrastructure helps us get there. Our central location makes Nebraska’s infrastructure critically important not just for the people in our state, but for the whole nation. As a major connection between the east and west coasts, our infrastructure carries many of the goods that are used around the world…During the years, our investments in infrastructure have helped Nebraska earn national recognition. The Reason Foundation rates Nebraska’s state highways fourth best in the nation for overall performance and cost-effectiveness…Last year, Sen. Curt Friesen of Henderson and I teamed up on LB339, which created the Nebraska Department of Transportation by merging the Department of Roads and the Department of Aeronautics. Previously, Nebraska was the only state in the nation without a DOT. By merging, we are taking a long-term, more strategic view toward building the 21st-century infrastructure we need to grow Nebraska. As we identify ways to run our operations more efficiently, we are reinvesting in roads and runways. Cutting red tape also has been key to keeping Nebraska on the forefront of infrastructure innovation. We have modernized our roads standards, and in doing so, we are giving counties more flexibility in replacing infrastructure. Before these updates, the state had placed expensive requirements on local governments that wanted to update their bridges. Updates to our minimum design standards are now allowing counties to replace existing bridge pilings with pilings of the same design, rather than investing in a new bridge. OT has two other initiatives aimed at delivering projects more efficiently. Previously, the delivery process on complex projects could take 7-12 years. The TIA authorized the use of a shorter design-build process for the most complex projects to reduce the completion timeframe by 2-4 years. Additionally, we are currently working to finalize an agreement with the federal government to allow the state to conduct environmental reviews under the National Environmental Policy Act instead of federal agencies.”

[Kearney Hub, 7/5/18] https://goo.gl/Ry3k76

Justin McCarthy

Communications Director, NEPA Campaign

The Partnership Project
1101 Connecticut Ave NW, 10^th Floor

Washington, DC 20036 USA

T: (202) 650-0327
C: (540) 312-3797

E: jmccarthy@partnershipproject.org

protectnepa.org

The Partnership Project, a registered 501 (c) (3) non-profit, is a collaborative effort of over 20 of the country’s most influential advocacy organizations, including Sierra Club, Defenders of Wildlife, League of Conservation Voters, Earthjustice, and Natural Resources Defense Council.