Feds face another clean water lawsuit

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The federal government is being sued by conservation groups and industry over the new Waters of the U.S. rule.

Conservation groups say new rule has too many pollution loopholes

Staff Report

FRISCO — There will be yet more legal wrangling over a new federal clean water rule, as conservation groups said last week they will sue to plug some loopholes that could open the door for more pollution in wetlands and streams.

At issue is the so-called Waters of the U.S. rule finalized by the EPA and the U.S. Army Corps of Engineers in May. That means the feds will be getting sued twice over the rule. Industry groups announced their challenge in mid-July, claiming the new regulations “dramatically expand federal regulatory authority. Continue reading

Polluters sue to block new wetlands regulations

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Polluters are asking a federal court to roll back protection for important wetlands. @bberwyn photo.

U.S. Chamber of Commerce leads effort to overturn Waters of the U.S. rule

By Bob Berwyn

FRISCO — A new federal wetlands rule that helps protect water quality and important wildlife habitat will face a federal court challenge from groups representing some of the country’s biggest polluters.

The U.S. Chamber of Commerce, the National Federation of Independent Business,  and the Portland Cement Association last week filed a lawsuit in the U.S. District Court for the Northern District of Oklahoma, seeking to overturn the so-called Waters of the U.S. rule. Continue reading

Small wetlands critical to overall ecosystem functions

‘Many people would say, what’s the big deal if we drain this small area? But these smaller wetlands are integral …’

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Colorado wetlands. @bberwyn photo

FRISCO — A new study by researchers at Waterloo University supports the EPA’s proposed new rule for protecting discontinuous wetlands by showing that those smaller marshy patches function best as a group.

Interconnected pockets of wetlands form a landscape mosaic which provide unique habitat and safe breeding grounds for species such as salamanders and migratory birds. Many traditional wetlands conservation projects tend to overlook that “edge” function and mistakenly focus on preserving only total wetland area, with no consideration of ecosystem services provided by different wetland types. Continue reading

Environment: Study shows that even ‘isolated’ wetlands are crucial to protecting water quality

Findings come as EPA edges toward final new clean water rule

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By Summit Voice

Geographically isolated wetlands like prairie potholes and desert playas in the Southwest are critical to water quality and also provide many other ecosystem services — even though they may lack the regulatory protections of other wetlands, according to Indiana University researchers.

Continued loss of such wetlands is likely “to cause serious harm to North American waters,” according to John M. Marton, a researcher with the IU Bloomington School of Public and Environmental Affairs.

“Geographically isolated wetlands provide important benefits such as sediment and carbon retention, nutrient transformation and water-quality improvement, all of which are critical for maintaining water quality,” Marton said, discussing the conclusions of a new article appearing in BioScience. Continue reading

Part of huge environmental settlement to help clean tainted coastal wetlands in North Carolina

Cape Fear, North Carolina, photographed by a NASA satellite.

Cape Fear, North Carolina, photographed by a NASA satellite.

Funding will help restoration of Cape Fear watershed after decades of industrial pollution

Staff Report

FRISCO — Tainted North Carolina wetlands and streams will be restored thanks to a $13 million in cleanup funding under federally administered environmental programs.

The payment, announced by NOAA, the U.S. Fish and Wildlife Service, and the North Carolina Department of Environment and Natural Resources, in their capacity as natural resource trustees, to repair the damage from 40 years of pollution at Kerr-McGee’s wood treatment facility in Navassa, North Carolina. Another $9 million is on the table. Continue reading

Nevada Supreme Court rejects Las Vegas pipeline scheme

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In a desperate quest for more water, Las Vegas wants to deplete distant aquifers with no regard for natural and environmental resources.

New lawsuit filed to void federal OK for proposed desert pipeline

Staff Report

FRISCO — A recent ruling by the Nevada Supreme Court appears to reinforce arguments by conservation advocates that a scheme to develop and pipe groundwater to Las Vegas can’t pass scientific, environmental or legal muster.

The Southern Nevada Water Authority wants to siphon 37 billion gallons from remote underground aquifers in a plan that was challenged by the Center for Biological Diversity and its allies in the Great Basin Water Network, as well as by White Pine County, Nev.

In 2011, the Nevada Division of Water Resources gave the project a thumbs-up by allocating 84,000 acre-feet of ancient groundwater a year to the Southern Nevada Water Authority for export to Las Vegas, but Senior Judge Robert Estes of the Seventh Judicial District Court of Nevada said that allocation is unfair to future Nevadans and not in the public interest. Continue reading

GOP lawmakers want to block EPA clean water rule

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No love for wetlands from new GOP majority in Congress. bberwyn photo.

Huge swaths of Colorado wetlands, streams at risk of degradation

By Bob Berwyn

FRISCO — You may not know it as you speed down I-70 from the Eisenhower Tunnel toward Summit County, but a small stream that runs parallel the freeway, just a few hundred yards away, is the main source of drinking water for the town of Dillon.

Straight Creek’s waters gather up between the craggy peaks high above the tunnel, starting from droplets at the edge of a melting snowdrift, to mossy rivulets and roaring cascades amidst granite boulders. Keeping that water pure is important, not only for Dillon residents, but for thousands of visitors staying at local lodges, resorts and campgrounds.

But some of the smallest streams, like the headwaters of Straight Creek, don’t flow year-round, and that has put them at focal point of a long-running debate about the extent of federal clean water rules. The discussion was center stage today during a rare joint hearing of the House Transportation and the Senate Environment and Public Works Committee, where the new GOP majority grilled top EPA administrators about the proposed Clean Waters of the U.S. Rule. Continue reading

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