Friday, October 30, 2015

Mississippi River Basin Water Resource Weekly News

~Most of the Water News - None of the Spin~
CRA Baby CRA
As early as next week, the Senate may begin debate and vote on S.J.Res.22 - a Congressional Review Act (or "CRA") resolution to block the Obama Administration's new Clean Water Rule (or "WOTUS" - Waters of the United States - rule). The Congressional Review Act of 1996 established expedited congressional procedures for disapproving a broad range of regulatory rules issued by federal agencies.  Using the CRA process allows measures to pass the Senate on only a simple majority vote; however, resolution passage is a steep legislative hill to climb, especially in the face of a likely Presidential veto (a two-thirds majority is still required under CRA procedures to override a veto).  Only one CRA challenge has ever successfully passed Congress to become law, and most CRA resolutions are used primarily for messaging purposes.

Officially called "A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Corps of Engineers and the Environmental Protection Agency relating to the definition of 'waters of the United States' under the Federal Water Pollution Control Act," S.J.Res.22 is backed by 48 Republican senators in addition to the resolution's sponsor, Iowa GOP Senator Joni Ernst. Sen. Ernst circulated a discharge petition and secured enough votes to allow the resolution to move quickly to the Senate floor without first going through committee.

On July 7, Rep. Adrian Smith (R-Nebraska) filed a House CRA challenge to vacate the Clean Water Rule: H. J. Res. 59.   That resolution has yet to be referred by the House Transportation and Infrastructure Committee to the full House for consideration.

For details on how CRA challenges work, you can read this Congressional Research Service July 29 report on alternatives available to Congress to address the WOTUS rule.

In the meantime, debate is set to begin in the Senate next week on Senator John Barrasso's (R-WY) bill to block the WOTUS rule (see below, under "Next Week in Congress").

Let's Make a Deal
The White House and Congressional leaders from both sides of the aisle struck a long-term budget deal earlier this week that would lift the debt ceiling, fund the federal government, and reverse some of the defense and non-defense discretionary spending cuts made as part of the 2011 sequestration deal. The unusually long-term budget plan sets funding levels for the government for two fiscal years, well beyond the next general election, demonstrates the enduring strength of congressional leaders over conservative would-be upstarts, and makes the somewhat unprecedented moves of altering copr insurance, Medicare and Social Security to offset increased spending. The House passed the measure (H.R. 1314) on Wednesday, and the Senate passed the bill early on Friday morning, sending it on to the President for his signature.

The bill includes a provision capping rates of return for government-backed crop insurance policies at 8.9 percent, as opposed to the current 14 percent rate.  However, the proposed change drew the immediate ire of farm state lawmakers and agricultural interest groups.  House Agriculture Chairman Mike Conaway struck a deal with Republican leaders shortly before Wednesday's House vote on the budget bill that Conaway says will result in the cuts being removed at some point down the road.  For now, the crop insurance cut provision remains in the bill, however, and it is unclear how the cuts would actually be restored.

The agreed-upon budget numbers in the plan represent totals for federal spending.  Congress will still need to debate and pass appropriation bills by December 11 to implement spending at those target levels (the twelve individual bills may be combined into one or more omnibus or "minibus" spending packages).  While this week's budget agreement was free of contentious amendments (or "riders") impacting policy, during the upcoming spending bill debates, the subject of policy riders attached to those bills is sure to arise.

The budget agreement was a parting gift from outgoing House Speaker John Boehner (R-Ohio) for his successor, Rep. Paul Ryan (R-Wisconsin), who was nominated for that role on Wednesday (the full House formally votes on Thursday), and can now focus on passing other key pieces of legislation, including the spending bills mentioned above and a long-term surface transportation reauthorization bill.  The House passed a 22-day short-term transportation extension on Tuesday. The Senate did the same on Wednesday.

Next Week in Congress
The "Federal Water Quality Protection Act" (S. 1140), a Senate bill that would overturn the Obama Administration's Clean Water Rule, will be considered on the floor of the Senate next week, according to the bill's chief sponsor, Sen. John Barrasso (R-Wyoming) and the Senate schedule for Tuesday.  In a Thursday statement, Barrasso announced, "the Senate has the opportunity now to take up the Federal Water Quality Protection Act, a strong bipartisan bill that will direct the Environmental Protection Agency to write a reasonable rule to protect our navigable waterways." The Senate has set aside time to debate the legislation on Tuesday, and at about 2:30 PM the chamber will vote on whether to limit debate on the measure (called a cloture vote). The bill has 46 co-sponsors (43 Republican and three Democratic), and is unlikely to gain the 60 votes needed to pass the Senate.

In addition to the debate and possible vote on S. 1140, there are several Congressional committee meetings and hearings that relate to Mississippi River Basin water resources set for next week.  Here is a summary at what is already on tap for next week (the list will be updated as needed).
Noteworthy @UpperMiss Twitter Postings for the Week  

Water Quality -
  • Pennsylvania Coal Alliance CEO: Pennsylvania shouldn't rush into embracing Clean Water Rule (WOTUS) http://ow.ly/TQkO7
  • Vote set in Senate next week for Sen. Barrasso's WOTUS rule-blocking bill; Barrasso press release: http://ow.ly/U28xj   (link to bill: http://ow.ly/U28Cf)
  • House Oversight and Government Reform Committee expands investigation into Obama administration's clean water rule http://ow.ly/U2gAq
  • Pennsylvania announces $51.7 million investment for ten drinking water, wastewater and non-point source projects (several in Ohio River Basin) http://ow.ly/TQbrD
  • National Mining Association-sponsored report: Interior Department's proposed stream protection rule could cost U.S. economy over 200,000 jobs http://ow.ly/TRlxo
  • New stream-protection rule to protect waterways from surface coal mining meets with stiff Senate Republican resistance at Tuesday hearing http://ow.ly/TZwLk
  • Scientists have found pharmaceuticals, other chemicals in Minnesota lakes; genetic testing helps determine risks http://ow.ly/TTdoW
  • Draft revision of Missouri’s Nonpoint Source Management Plan is available for public review and comment http://ow.ly/TTe5T and http://ow.ly/TTdJi
  • State DNR takes steps to restore more Wisconsin waterways http://ow.ly/TUO8f
  • After years of spills, N.D. still deciding how to handle pipeline leaks http://ow.ly/TZvWg
Water Resource Management (Floodplains, Dams, Navigation, Wetlands, Flooding, Supplies, etc.) -
  • Troubling trend: the funneling of interstate water fights to the Supreme Court http://ow.ly/U2f3q (example cases cited: Montana and Wyoming, Mississippi and Tennessee, Texas and Oklahoma, Nebraska and Kansas)
  • Army Corps Missouri River fall public meetings focus on draft Annual Operating Plan (comments due November 20) http://ow.ly/TQikK
  • Justice Dept. appeals $3 billion Mississippi River-Gulf Outlet restoration ruling against the Army Corps of Engineers http://ow.ly/TW4wZ
  • Tulsa County Commissioner proposes reconstructing Arkansas River levees in the Tulsa region http://ow.ly/TWerY
  • Bellevue City and Sarpy County to contribute money toward $25 million Missouri River levee repairs (Nebraska) http://ow.ly/TWeXG
  • Biennial Governor’s Conference on the Management of the Illinois River System looks at pressing River issues http://ow.ly/TWfHU
  • Increased demand threatens aquifer water supplies in northeastern Illinois (Fox River Basin) http://ow.ly/TXzpb
  • New Natural Resources Defense Council report calls on Chicago region to assess the state of its inland waterway system http://ow.ly/TXDiV
  • Grain barge shipments from Upper Mississippi and Ohio rivers drop 21% to 39% below the 5-year average http://ow.ly/U2aaI
Agriculture -
  • North Iowa farmer among a dozen honored by the White House for efforts to use sustainable
    agriculture http://ow.ly/TQdLD (more also see this White House page: http://ow.ly/TQebM)
  • Administration announces new efforts to promote sustainable and climate-smart agricultural practices across the country http://ow.ly/TW9uJ
  • Senate Agriculture ranking member Debbie Stabenow calls for support of 2014 farm bill conservation and energy programs as appropriators steadily cut them http://ow.ly/TTcsy
  • House Agriculture Committee examines Big Data and its role in agriculture http://ow.ly/TXzSp
  • House Agriculture Chairman: Senate leadership commits to bipartisan fix to restore cuts to crop insurance in budget bill http://ow.ly/U2awR
Climate and Weather -
  • NOAA weekly drought update: some introduction or expansion of dryness and moderate drought in Plains, Missouri; drought relief in southern Mississippi River Valley, Oklahoma http://ow.ly/U2n86
  • NOAA Climate Prediction Center monthly drought outlook http://ow.ly/SQXLJ (will be released on Saturday afternoon, October 31)
  • Rep. Lamar Smith (R-Tex.) seeks emails of NOAA scientists who published study undercutting popular climate denier talking point http://ow.ly/TQoaH (related story below)
  • NOAA refuses to release scientists' climate email communications to Congressional Republican whose critics say is conducting a "fishing expedition" http://ow.ly/TXCEr
Biodiversity, Wildlife and Invasives -
  • Minnesota DNR loses fight against zebra mussels in Christmas Lake (Twin Cities area)
    http://ow.ly/TQj13
  • Invasive zebra mussels discovered in Madison's Lake Mendota http://ow.ly/TQll8
  • Thousands of threatened bats living under a Mississippi River bridge that's due to be torn down will be relocated http://ow.ly/TQjiG
  • USDA releases Grant and Partnership Programs that Can Address Invasive Species (FY 2016) http://ow.ly/TQnpA
  • Environmental groups demand answers on agencies' cooling water rule reversal regarding endangered species http://ow.ly/TRkWq
  • Center for Biological Diversity intends to sue U.S. EPA over approval of fungicide benzovindiflupyr (approved for use on some crops) and its toxicity to aquatic life http://ow.ly/TW7j2
  • Fish and Wildlife Service will finalize rule opening all of Wyoming up to low-risk reintroductions of black-footed ferrets; FWS statement http://ow.ly/U2bjP and news story http://ow.ly/U2b2Z (Federal Register notice http://ow.ly/U2js7)
  • Scientists track Minnesota's loons' migration to Gulf of Mexico; revealing effects of 2010 Deepwater Horizon oil spill http://ow.ly/U2jQM
In the Cities -
  • National Geographic to visit Mississippi River cities to find places of interest http://ow.ly/TWfo0 (also see: National Geographic representatives discuss plans in St. Cloud to build the tourism brand along Mississippi River http://ow.ly/TZjT2)
  • Stillwater named Minnesota’s ‘most picturesque’ small town in USA Today list http://ow.ly/TWgTR
  • Mayors to 2016 Presidential candidates: We need “grown-up conversations” about infrastructure, water and climate (Minneapolis and Nashville mayors quoted) http://ow.ly/TXBow
  • New Orleans transit agency receives $10+ million grant to develop a new Canal Street ferry terminal http://ow.ly/TZjfM and http://ow.ly/TZjjC
  • Port of Indiana-Jeffersonville (Ohio River) awarded $10 million TIGER grant for Rail-to-Water and Truck-to-Rail Improvement Project http://ow.ly/U2cV3
In the States-
Gulf Coastal Region-
  • NOAA announces FY 2016 National Competitive Hypoxia funding programs: Northern Gulf of Mexico Ecosystems and Hypoxia Assessment Program and Coastal Hypoxia Research Program http://ow.ly/TRjWZ
  • Louisiana and four other Gulf Coast states settle with Transocean for role in BP Deepwater Horizon disaster http://ow.ly/TZx23
  • Lafourche Parish oil spill money to go to five coastal restoration projects http://ow.ly/U24TA
Forestry -
  • American chestnuts rise on Pennsylvania coal strip mine sites where other trees failed to make a stand http://ow.ly/TRh7j
Resource Development -
  • Locals appear unconcerned about strip mining for coal returning to Egypt Valley Wildlife Area in Ohio http://ow.ly/TQnPk
  • Boone County (Iowa) board of supervisors votes unanimously to oppose Bakken Pipeline project http://ow.ly/TQrIO
  • Pennsylvania regulators are one major step closer to implementing new rules for oil and natural gas drilling in the state http://ow.ly/TW5VW
  • President of West Virginia’s largest electric utility: Coal consumption not likely to increase http://ow.ly/TWzRt
  • N.D. oil slump affects Minnesota sand mining, rail shipping http://ow.ly/TZjyG
  • Southern Kansas sees sudden spike in earthquakes http://ow.ly/TWzdk
  • Oil and gas industry restrictions to decrease frequency and intensity of earthquakes in south-central Kansas will remain in place until at least March 2016 http://ow.ly/U2kfv
Federal Budget (You can follow the status of all of the fiscal year 2016 appropriation bills on this Congress.gov web page) -
  • House passes sweeping budget bill; Senate vote up next http://ow.ly/TZaHp (Link to bill: http://ow.ly/TZb87)
  • Senate passes two-year budget deal that raises the debt ceiling, sending the agreement to President Obama http://ow.ly/U24xH
  • President and Congressional Democrats will stand firm against efforts to target environmental regulations in spending bills http://ow.ly/TWxsz
Events - Information on all past and future events listed here each week can be viewed in the on-line calendar, located above and to the right (and here as a stand-alone calendar)
  • EPA State Level Nutrient Reduction Strategies webcast: Understanding Farmers’ Awareness, Attitudes and Practices related to Nutrient Management in Indiana, November 4, 10 AM CT http://ow.ly/TRg9F
  • Missouri DNR Water Protection Forum meeting; November 12, 9 AM-noon CT, Jefferson City http://ow.ly/TW7Iw
  • USEPA Safe and Sustainable Water Resources BOSC Subcommittee teleconference (open to public); November 13, noon-2 PM ET http://ow.ly/TW53O
  • Army Corps of Engineers, Inland Waterways Users Board meeting; 9 AM-1 PM, December 2; St. Charles, Missouri http://ow.ly/U2hpF
e-Newsletters, Publications, Journals, Multimedia  -
  • National Great Rivers Research and Education Center Fall 2015 Education Newsletter http://ow.ly/TRj5V
  • Tulane Institute on Water Resources Law and Policy October 27 TUWaterWays e-newsletter http://ow.ly/TUNok
  • Minnesota Pollution Control Agency Watershed Connections - October http://ow.ly/TW8vf
  • Association of State Floodplain Managers October "News and Views" e-newsletter  http://ow.ly/U0PtW
  • Gulf Restoration Network's October 29 Gulf Waves e-newsletter http://ow.ly/U29P7
Other news-
  • Senate standoff between vote on TSCA-reform bill and Land and Water Conservation Act reauthorization called "absurd" http://ow.ly/TZwrN
  • Dog named Trigger accidentally shoots owner during hunt in Indiana's Tri-County Fish and Wildlife Area http://ow.ly/TTleM (Trigger unharmed)
  • Citing an "out of control" regulatory system, senators create new, bipartisan  Senate Regulations Caucus http://ow.ly/TUPfL
  • TNC North America Agriculture Nutrient Strategy Director job posting http://ow.ly/TUQOa
  • Brookings Profiles in Negotiation series: how battles over the U.S. agriculture budget were waged for years in Congress http://ow.ly/TXytE
  • Pew Charitable Trust: States coordinate, challenge feds on public land use http://ow.ly/U08TR
Politics and People-
  • Ken Kopocis, the top official in U.S. EPA's water office, will step down in November; Joel Beauvais will serve as acting deputy assistant administrator http://ow.ly/TTnsI
  • House members elect Rep. Paul Ryan (R-Wisc.) as the 54th Speaker of the House http://ow.ly/U08ut
  • Democrat John Bel Edwards will face off against Republican U.S. Sen. David Vitter in a Nov. 21 runoff for Louisiana Governor http://ow.ly/TQ2xa
  • Moderate GOP senators form green coalition, including Lamar Alexander (Tenn.), Mark Kirk (Ill.) http://ow.ly/U292C
  • U.S. Chamber of Commerce President criticizes ideologues in both parties for pushing leaders to political extremes http://ow.ly/TQeIi
  • Op-ed: House Science Committee pursues open-ended, Orwellian attempts to intimidate scientists http://ow.ly/TWavk
Your (Halloween) Moment of Zen -
"Quoth the Raven 'Nevermore.'"

Capitol Hill This Week - What to Watch For (UPDATED)

Below are the U.S. House and Senate activities currently scheduled for this week that relate to Mississippi River Basin natural resources. Links are provided to the relevant committee web pages and appropriate pieces of legislation.  In addition to the committee action, we can expect that Congress will pass yet another short-term surface transportation funding extension, since the current surface transportation authorization expires at midnight on Thursday.  The last in a long-running series of temporary extensions was passed in July, and Congress has been struggling to come up with a way to pay for a long term (three or six year) infrastructure funding extension since then. Projects funded under that authority of interest to River stakeholders include pedestrian and bicycle trails, and scenic byways near streams and rivers.

Many Congressional proceedings are webcast live, and these may be, as well (follow the respective meeting or hearing link).  All times are Eastern. This information will be updated as warranted. 

Tuesday, October 27
  • TIME CHANGE: Senate Energy and Natural Resources Committee hearing "on the development and potential implementation of the Office of Surface Mining, Reclamation, and Enforcement’s proposed Stream Protection Rule" (Interior Department); 9:00 AM, room 366 Dirksen Senate Office Building.
Wednesday, October 28
  • House Natural Resources Subcommittee on Federal Lands hearing on the Discussion Draft of the Federal Lands Recreation Enhancement Modernization Act of 2015 (Program dictates where, when and how federal lands agencies can charge fees for the use of national parks and forests, refuges and other public lands); 10:00 AM, room 1324 Longworth House Office Building.
  • House Agriculture Committee hearing on "Big Data and Agriculture: Innovation and Implications;" 10:00 AM, room 1300 Longworth House Office Building.
  • NEW - House Energy and Commerce Subcommittee on Environment and the Economy meeting to markup S. 611, the Grassroots Rural and Small Community Water Systems Assistance Act; 12:00 noon, room 2322 Rayburn House Office Building.
  • House Natural Resources Committee hearing on three bills, including H.R. 1219 (the "Arbuckle Project Maintenance Complex and District Office Conveyance Act"), to authorize the Secretary of the Interior to convey land and appurtenances of the Arbuckle Project, Oklahoma, to the Arbuckle Master Conservancy District" (the Arbuckle (dam) Project regulates flow of Rock Creek, a tributary of the Washita River in south-central Oklahoma); 2:30 PM, room 1324 Longworth House Office Building.
Thursday, October 29
  • POSTPONED - House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law hearing on three regulatory reform bills: H.R. 3438, the “Require Evaluation before Implementing Executive Wishlists Act of 2015” (would give businesses and stakeholders "adequate notice" when agencies decide to change their rules); H.R. 348, the "Responsibly and Professionally Invigorating Development (RAPID) Act of 2015" (would expedite National Environmental Policy Act reviews of proposed energy and infrastructure projects by instituting time deadlines for their reviews); and H.R. 2631, the “Regulatory Predictability for Business Growth Act of 2015” (would bar laws from taking effect until after a judicial review); 9:00 AM, room 2141 Rayburn House Office Building.

Thursday, October 29, 2015

Senate Republicans Plan Use of Congressional Review Act Procedure to Deliver WOTUS Rule Message

Republican Senate aides are hinting that the full Senate could vote sometime within the next two weeks on S.J.Res.22, a Congressional Review Act (or "CRA") resolution designed to block the Obama Administration's new Clean Water Rule (or "WOTUS" - Waters of the United States - rule). The Congressional Review Act of 1996 established special congressional procedures for disapproving a broad range of regulatory rules issued by federal agencies.  Using the CRA process allows measures to pass the Senate on only a simple majority vote; however, resolution passage is a steep legislative hill to climb, especially in the face of a likely Presidential veto (a two-thirds majority is still required under CRA procedures to override a veto).  Only one CRA challenge has ever successfully passed Congress to become law, and most CRA resolutions are used more for messaging purposes than anything else.

Officially called "A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Corps of Engineers and the Environmental Protection Agency relating to the definition of 'waters of the United States' under the Federal Water Pollution Control Act," S.J.Res.22 is backed by 48 Republican senators in addition to the resolution's sponsor, Iowa GOP Senator Joni Ernst.  Sen. Ernst is reported to have circulated a discharge petition and secured enough votes to allow the resolution to move directly to the Senate floor without first going through committee.

On July 7, Rep. Adrian Smith (R-Nebraska) filed a House CRA challenge to vacate the Clean Water Rule: H. J. Res. 59.   That resolution has yet to be referred by the House Transportation and Infrastructure Committee to the full House for consideration.

For details on how CRA challenges work, you can read this Congressional Research Service July 29 report on alternatives available to Congress to address the WOTUS rule issue.

Friday, October 23, 2015

Mississippi River Basin Water Resource Weekly News

~Most of the Water News - None of the Spin~

This Week and Next
In the U.S. Senate this week, the largely bipartisan-backed overhaul of the Toxic Substances Control Act remained stalled over Sen. Richard Burr's demand for a vote on his amendment to reauthorize the (also largely popular) Land and Water Conservation Fund (LWCF).  Unless Burr receives unanimous consent to bring up his LWCF amendment, he will not agree to a motion for unanimous consent to bring up the TSCA bill.  To complicate the matter further, Utah Sen. Mike Lee will not let the LWCF amendment go to a vote, as he seeks to amend the law before it goes to a floor vote.  LWCF authority expired on September 30, although this week, the U.S. Treasury Department confirmed that the Fund currently has a $20 billion balance. The LWCF supports the protection of federal public lands and waters and voluntary conservation on private land.

The U.S. House passed legislation on Thursday that would significantly streamline the processing of mining permits on federal lands.  H.R. 1937 was passed on a 254-177 vote. The bill would ease environmental review requirements for mineral production activities, including the requirements of the National Environmental Policy Act, and it would limit courts' ability to provide redress.  The measure defines minerals broadly as those necessary for national defense and security; for energy infrastructure, including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production; and to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, and transportation infrastructure. Eight Democrats, including the Mississippi River Basin's Reps. Rick Nolan and Collin Peterson of Minnesota joined Republicans in voting for the bill.

The 6th U.S. Circuit Court of Appeals put parties on notice this week that it will hold oral arguments on December 8 in Cincinnati on whether it will review appeals of the Obama administration's Clean Water Rule ("Waters of the United States" or "WOTUS" rule) or if the matter should be remanded to a district court. Earlier this month, the 6th Circuit ruled in favor of a multiple states' appeal requesting that the WOTUS rule be stayed from going into effect nationwide.  However, the 6th Circuit's stay in the rule's implementation will last until the court determines if the Clean Water Act gives it authority over the rule or if the states' appeal must be remanded to a district court.  As noted previously here, since the 11th U.S. Circuit Court of Appeals is also currently considering the same jurisdictional issue, should the decisions of the 6th and 11th circuits differ, jurisdiction could be determined by the U.S. Supreme Court.

This week, Rep. Paul Ryan (R-Wisconsin) formally declared his bid for Speaker of the House after most GOP conservatives and moderates declared their support.  The announcement clears the way for Ryan to take the Speaker's gavel in hand after a vote next Wednesday.  Also next week on Capitol Hill: there are a few committee hearings already scheduled that relate to Mississippi River Basin water resources, and you can see the list here.

Noteworthy @UpperMiss Twitter Postings for the Week

Water Quality -
  • 6th U.S. Circuit Court of Appeals will hold oral arguments on December 8 in Cincinnati on whether it will review appeals of Obama administration's Clean Water Rule (WOTUS) or send appeal to district court; article: http://ow.ly/TImfp and court notice: http://ow.ly/TIlEZ
  • Advocates ask U.S. EPA to strip Wisconsin DNR of its administration of major water pollution program in absence of progress http://ow.ly/TFC15
  • USDA Secretary Tom Vilsack: Iowans need to place more emphasis on and allocate more
    AP Photo/John Minchillo
    money to reducing nutrient pollution http://ow.ly/TzT7c (related story below)
  • USDA Secretary Tom Vilsack met with local and state leaders in La Porte City, Iowa, on Friday to "discuss an innovative project designed to reduce nitrates in the Cedar Rapids water supply" http://ow.ly/TzTGX (the subject Middle Cedar Partnership Project is an NRCS RCPP project; described here)
  • USDA is investing up to $225 million for a  second wave of Regional Conservation Partnership Program projects (165 groups invited to submit full proposals by November 10) http://ow.ly/TuD74
  • Ohio River's huge algae bloom a warning for water suppliers http://ow.ly/TFzCt
  • Environmental groups and a Louisiana shipping company agree on plan to reduce coal and petroleum coke debris dumps into the Mississippi River http://ow.ly/TuNYv
  • North Dakota developing cleanup plan for abandoned oil development waste pit threatening the Little Missouri River http://ow.ly/TzRTS
  • USEPA Request for Scientific Views: Draft Aquatic Life Ambient Water Quality Criterion for Selenium (Freshwater) http://ow.ly/TCvXh
  • North Dakota oil well spewing after weekend blowout; endangering tributary of the Missouri River http://ow.ly/TCE9c (related stories below)
  • Workers cap ND oil and brine spill after three days, although its size and impact on White Earth River are uncertain http://ow.ly/TImBJ
  • And here is more coverage of the above and another recent North Dakota oil and brine spill (ND DOH media releases): http://ow.ly/TCxFl and http://ow.ly/TCxHv
  • Wisconsin waterways have improved significantly under the Clean Water Act http://ow.ly/TFxox
  • EPA publishes final rule requiring electronic reporting and sharing of Clean Water Act NPDES program information http://ow.ly/TIevG
  • Wisconsin DNR accepting comments on proposed multi-discharger phosphorus variance (statewide phosphorus variance) http://ow.ly/TL4dN
Water Resource Management (Floodplains, Dams, Navigation, Wetlands, Flooding, Supplies, etc.) -
  • Washington Post: "We’re totally mismanaging the Mississippi River basin — and it’s costing us" http://ow.ly/Twj8F
  • Research to study how changes in the Mississippi River can impact the Gulf of Mexico http://ow.ly/TL1rS
  • FEMA: Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input http://ow.ly/TIeJ4
  • Wetlands being rebuilt by redistributing River sediment in Plaquemines Parish, Louisiana via privately funded project http://ow.ly/TwjeH
  • Iowa group wants Corps of Engineers to be more stringent when considering permit applications for Dakota Access pipeline where it passes over waterways http://ow.ly/TzQGA
  • Hydropower industry group encourages Congress to move forward with bills to speed permitting process for new projects http://ow.ly/TCwNz
  • North Dakota state engineer to end a program allowing farmers to sell their irrigation water for fracking http://ow.ly/TFDAg
  • Army Corps of Engineers proposes changes in levels of service at Locks and Dams on the Ouachita and Black Rivers http://ow.ly/TIe8y
  • Wisconsin Public Radio: Wisconsin's wetlands are state treasures for several reasons, according to wetland advocates http://ow.ly/TIrJ3
  • Historic Coastal Protection and Restoration Authority moves 2 Mississippi River sediment diversions toward construction http://ow.ly/TIs64
  • Missouri Department of Natural Resources Public Notice of Proposed 2016 303(d) List (impaired waters) and 2018 Listing Methodology http://ow.ly/TIsLK
Agriculture -
  • Nebraska Public Radio: interest grows in environmental markets that allow farmers to profit from conservation practices http://ow.ly/TzBHi
  • Des Moines Register op-ed: More should be done to help farmers transition to organic production http://ow.ly/TA50A
  • Illinois farmer  Howard Buffett uses cover crops, no-till planting, other practices to improve soil health and water quality, offset climate change http://ow.ly/TCFxW
  • Ohio State University soil specialist seeks farmers for a study on if natural gas pipelines impact crop production http://ow.ly/TtVpz
  • Reuters: Lawsuits are piling up against Monsanto over Roundup ingredient glyphosate cancer concerns http://reut.rs/1PkNkPu
  • Weed control research, soil health and fertility, and coping with water management top organic producer concerns http://ow.ly/TzvRX
  • New online database aims to shed light on deals involving large purchases of farmland globally http://ow.ly/TFBqD
  • USDA release: USDA Invests in New Market Opportunities in Local and Regional Food Systems http://ow.ly/TIo0S
Click to enlarge
Climate and Weather -
  • NOAA weekly US drought update: minor expansion of northern and central Plains drought and dryness; rapid expansion of dryness and drought in parts of Midwest; significant drought impacts to area stretching from southern Oklahoma and central and eastern Texas to the Mississippi Delta http://ow.ly/wmTdv
  • Commercial and private fishing in Montana are vulnerable to the effects of climate change http://ow.ly/TzOfA
  • Study: Climate change adding billions to U.S. hurricane costs http://usat.ly/1PD6LlN
  • Hottest global September on record marks fifth straight month to break its temperature record this year http://ow.ly/TIk5T
  • National Oceanic and Atmospheric Association: 2015 likely to be hottest on record, breaking record set in 2014 http://ow.ly/TIqmS
  • Indiana scientists write to Governor, the legislature and state officials offering to teach them climate change fundamentals http://ow.ly/TIGQg
Source: USFWS
Biodiversity, Wildlife and Invasives -
  • US Fish and Wildlife Service releases results of studies on small fish movement (including Asian carp) and barge traffic http://ow.ly/Tuz4M  The results indicate that small fish can become entrained between barges and subsequently transported measurable distances, through a lock and dam system, and across electrical barriers. (see map to the right)
  • Wyoming Stock Growers Association files lawsuit in U.S. District Court for the District of Wyoming in Cheyenne to block federal sage grouse conservation plans http://ow.ly/TuKu8
  • With Mille Lacs winter walleye season coming, Minnesota DNR sees positive signs in fish survey results http://ow.ly/TCxZV
  • Zebra mussels found in 85-acre Lake Sylvia, northwest of St. Cloud http://ow.ly/TCyA6
  • Minnesota DNR updates list of lakes and streams infested with aquatic invasive species in state http://ow.ly/TFywV
  • Invasive Old World bluestem grasses threaten Kansas pastures http://ow.ly/TCGjy
  • Federal and state officials: large population of feral hogs in Arkansas is causing problems for farmers http://ow.ly/TFAAv and http://ow.ly/TFADS
  • Illinois drops internal emerald ash borer quarantine after survey confirms its presence in 10 new counties http://ow.ly/TIjDl
In the Cities -
  • Oklahoma City: how the creation of parks, sidewalks, bike lanes and landscaped walking trails helped to turn around an obesity epidemic http://ow.ly/TzsjL
In the States-
  • Ohio lawmakers to hear two plans for bond issue to improve water quality statewide http://ow.ly/TFuFT
  • Harrisburg Patriot-News concludes that Pennsylvania regulators "ignored citizens' constitutional right to clean air and water" in regulating shale gas industry http://ow.ly/TCwr7
  • Amidst budget stalemate, low Illinois' bond rating dropped even further due to "continued deterioration of the state's financial flexibility" http://ow.ly/TCK2q
Gulf Coastal Region-
  • Details of BP settlement show oil spill caused trillions of marine wildlife deaths http://ow.ly/TCvGz
Resource Development -
  • White House expresses strong opposition to legislation that would speed up mining permits on
    public lands http://ow.ly/TFvda (related story below)
  • House approves bill to speed up the permitting process for mining resources deemed "strategic or critical" http://ow.ly/TL1S7
  • NPR: States are often left on the hook for cleaning up abandoned infrastructure after energy booms wane http://ow.ly/TFzkp
  • Google Timelapse: Three decades of Powder River Basin coal mining in the Thunder Basin National Grassland http://ow.ly/TzrSO
  • While Minnesota's and Wisconsin's frac sand industry is seeing a downturn, advocates continue fight to shut it down for good http://ow.ly/TtTzT
  • Protesters deliver to Iowa Utilities Board over 1,000 objections to a proposed crude oil pipeline through Iowa http://ow.ly/TtUX8
  • Judge dismisses lawsuit filed by Iowa landowners challenging a proposed crude oil pipeline http://ow.ly/TL5qM
  • Powder River Basin Resource Council petitions Wyoming Department of Environmental Quality to stop allowing Arch Coal to self-bond  http://ow.ly/TCCBW
  • Enbridge, Minnesota regulators ask state Supreme Court to reverse lower court ruling requiring full environmental review of Sandpiper pipeline project http://ow.ly/TCKIZ
  • Environmental advocates say FERC policies hinder appeals on pipeline projects http://ow.ly/TIoxX
  • Pipeline opponents continue push to overturn Nebraska law that would allow companies to bypass regulatory commission on route approvals http://ow.ly/TIoYO
Federal Budget (You can follow the status of all of the fiscal year 2016 appropriation bills on this Congress.gov web page) -
  • Senate Democrats, environmental groups intend to fight inclusion of "poison pill" policy riders in budget negotiations http://ow.ly/TFz4S
  • Congress’ crucial effort to strike a year-end federal fiscal deal is faltering before it’s really started http://ow.ly/TzqIU
Events - Information on all past and future events listed here each week can be viewed in the on-line calendar, located above and to the right (and here as a stand-alone calendar
  • Upper Mississippi River meetings scheduled for November 16-18 in St. Paul, Minnesota; preliminary agendas posted http://ow.ly/TFA2N
e-Newsletters, Publications, Journals, Multimedia  -
  • Wisconsin DNR Floodplain and Shoreland Management Notes: Autumn 2015 http://ow.ly/TCzDj
  • Lower Mississippi River Dispatch No. 307; October 19, Deep in the Heart of Louisiana http://ow.ly/TCBEp
  • Lower Mississippi River Dispatch No. 209: Gators and Freighters; Baton Rouge to the Gulf of Mexico http://ow.ly/TItbI
  • Minnesota Pollution Control Agency Waterfront Bulletin for October 2015 http://ow.ly/TCDnz
  • Tulane Institute on Water Resources Law and Policy October 20 TUWaterWays e-newsletter http://ow.ly/TFy31
  • Minnesota Pollution Control Agency's Feedlot Update - October 2015 http://ow.ly/TFDRV
  • October 21 Green Lands Blue Waters update http://ow.ly/TIkDv
  • Montana Watershed Coordination Council October 22 Watershed News http://ow.ly/TL4AI

Other news-
  • U.S. Treasury confirms $20B balance for Land and Water Conservation Fund http://ow.ly/TCviW
  • House Natural Resources Committee releases draft bill to reauthorize and reform the Federal Lands Recreation Enhancement Act http://ow.ly/TIgoA
  • Senators reintroduce bill to reauthorize Federal Land Transaction Facilitation Act - program to promote federal land sales, purchases http://ow.ly/TIiFk
  • With new federal coal ash storage rules in place; Tennessee Valley Authority says it's ready http://ow.ly/TCEV4
  • Wry chuckle of the week: "Why I hate farmers markets" Clare Doody - Washington Post http://ow.ly/TztTH
  • Obama administration blamed for massive regulatory delays http://bit.ly/1GXeJPE
  • Wisconsin DNR Job Announcement: Mississippi River Water Policy and Planning Expert http://ow.ly/TL3Dd
  • Job opening: Research Ecologist position with U.S. Geological Survey Upper Midwest Environmental Sciences Center http://ow.ly/TL3Yf
  • Minnesota agency: disaster prevention and response plans submitted by five rail companies do not fully meet state requirements http://ow.ly/TIHnc
Politics and People-
  • Sen. David Vitter (R-LA) is likely headed for a December runoff with his top Democratic rival in Louisiana's governor race http://ow.ly/TuB2l
  • Leading Republican raises concerns over two Obama nominees for Department of the Interior positions http://ow.ly/TFwb5
  • House Speaker John Boehner schedules GOP October 28 conference meeting, for vote on his replacement http://ow.ly/TInHw
Your Moment of Zen -
Time Lapse of Rotunda Scaffold Installation 2015

Monday, October 19, 2015

Capitol Hill This Week - What to Watch For

Tomorrow (Tuesday), the U.S. Congress returns from its Columbus Day week's recess, and below are the House and Senate activities currently scheduled for the week that relate to Mississippi River Basin natural resources.

Tuesday's  Rules Committee meeting regarding H.R. 1937 sets the stage for consideration of the measure by the full House later in the week (likely on Thursday or Friday). H.R. 1937, the National Strategic and Critical Minerals Production Act, would ease environmental review requirements for mineral production activities, including the requirements of the National Environmental Policy Act, and it would limit courts' ability to provide redress.  The measure defines minerals broadly as those necessary for national defense and security; for energy infrastructure, including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production; and to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, and transportation infrastructure.

Links are provided below to the relevant committee web pages and appropriate pieces of legislation. Many Congressional proceedings are webcast live, and these may be, as well (follow the respective meeting or hearing link).  All times are Eastern. This information will be updated as warranted. 

Tuesday, October 20
  • Senate Energy and Natural Resources Committee hearing to consider several pending Department of Interior nominations, including Suzette M. Kimball, of West Virginia, to be Director of the United States Geological Survey, and Kristen Joan Sarri, of Michigan, to be an Assistant Secretary; 10:00 AM, room 366 Dirksen Senate Office Building.
  • House Rules Committee meeting to set the rules for House consideration of H.R. 1937; 5:00 PM, room H-313 The Capitol (see description of the bill, above).
Wednesday, October 21
  • Senate Agriculture Committee hearing to examine agriculture biotechnology, focusing on Federal regulations and stakeholder perspectives; 10:00 AM, room 106 Dirksen Senate Office Building.
  • Senate Environment and Public Works Committee Subcommittee on Superfund, Waste Management, and Regulatory Oversight hearing entitled, “Oversight of Regulatory Impact Analyses for U.S. Environmental Protection Agency Regulations;” 10:00 AM, room 406 Dirksen Senate Office Building.
  • House Transportation and Infrastructure Subcommittee on Water Resources and Environment hearing on abandoned mines in the United States and opportunities for "Good Samaritan" cleanups; 10:00 AM, room 2167 Rayburn House Office Building.
  • Senate Budget Committee hearing on Reforming the Federal Budget Process and the Need for Action; 10:30 AM, room 608 Dirksen Senate Office Building.
Thursday, October 22
  • House Transportation and Infrastructure Committee meeting to markup the "Surface Transportation Reauthorization and Reform Act 6 of 2015" regarding "the policy and authorization provisions of a bill to improve America’s surface transportation infrastructure, reform programs, refocus those programs on national priorities" (note: including pedestrian and cycling trails and pathways, and scenic highways); 10:00 AM, room 2167 Rayburn House Office Building.
  • House Homeland Security Emergency Preparedness, Response, and Communications Subcommittee hearing "Examining Federal Emergency Preparedness and Response Capabilities" (i.e., assessing FEMA’s capabilities to respond to large-scale disasters); 10:00 AM, room 311 Cannon House Office Building.
  • House Energy and Commerce Subcommittee on Environment and the Economy hearing on "Technical Assistance for Rural Water Systems: S. 611, the Grassroots Rural and Small Community Water Systems Assistance Act" (the bill would amend the Safe Drinking Water Act to reauthorize through FY 2020 the Environmental Protection Agency's program providing technical assistance to small public water systems in complying with national primary drinking water regulations); 10:00 AM, room 2123 Rayburn House Office Building.

Friday, October 16, 2015

Mississippi River Basin Water Resource Weekly News

~Most of the Water News - None of the Spin~

Two Court Decisions Set Stage for Future WOTUS Court Action, Increase Legal Uncertainty
On October 9, a split 6th Circuit U.S. Court of Appeals panel in Cincinnati ruled (2 to 1) in favor of a states' appeal requesting that the Waters of the United States ("WOTUS" or "Clean Water") rule be stayed from going into effect nationwide (link to the ruling here). The 6th Circuit decision came in a set of cases consolidated into one multi-district, multi-circuit case.

As a result of the decision, the rule is no longer in effect anywhere in the U.S. The stay in the rule's implementation will last until the court determines if the Clean Water Act gives it authority over the rule or if the states' appeal must be remanded to a district court (under the Clean Water Act, certain challenges can go directly to an appeals court, bypassing district courts; however, that language for judicial review in appeals courts is very limited). If the 6th Circuit panel decides that they do not have jurisdiction over the matter, they could concurrently decide that the stay no longer applies.  A decision may be forthcoming within a month. The 11th U.S. Circuit Court of Appeals is currently considering the same jurisdictional issue, and should the decisions of the 6th and 11th circuits differ, jurisdiction could then be determined by the U.S. Supreme Court.

The 6th Circuit ruling touched upon arguments for and against the rule only briefly, with two of the three panel judges finding that there was a "substantial possibility" that the plaintiffs would eventually win on the merits of their claims. In response to the 6th Circuit ruling, an EPA statement said, "The court acknowledges that clarification of the Clean Water Act is needed," and "we look forward to litigating the merits of the Clean Water rule."

Meanwhile, on Tuesday, October 13, the United States Judicial Panel on Multidistrict Litigation ruled against a Department of Justice request that nine separate U.S. district court cases challenging the rule (in seven separate courts) be consolidated into one case and transferred to the U.S. District Court for the District of Columbia (link to the ruling here).

Next Week in Congress
Senate Majority Leader Mitch McConnell (R-KY) has gone through the procedural motions of adding separate or packaged fiscal year 2016 spending bills to the Senate calendar, setting up possible votes over the next several weeks. The new spending packages combine Senate Appropriation Committee appropriation measures that earlier this year became bogged down in the larger budget impasse. The energy and water, and interior and environment appropriations bills are included in several of the packages. However don't expect the votes on the bills to be anything but window dressing, with the GOP looking to put Democrats "on the record" as they vote down or otherwise block the bills. In the meantime, Democratic and Republican leaders will continue their efforts to hammer out a comprehensive budget agreement before the current spending authority expires on December 11. Sen. McConnell is reported to be pushing for policy riders to be included in whatever budget deal emerges from the negotiations, including a rider dealing with the Waters of the United States rule, but that insistence, like the spending bill votes, is more style than substance.

Next Tuesday, the U.S. Congress returns from its Columbus Day week's recess, and there are several House and Senate committee activities currently scheduled for the week that relate to Mississippi River Basin water resources.  You can link to a list of those meetings and hearings here (updated as needed).

Noteworthy @UpperMiss Twitter Postings for the Week

Water Quality -
Waters of the United States Rule
Other Water Quality News
  • Continued presence of the Ohio River harmful algal bloom forces cancellation of this year's Great Ohio River Swim (Greater Cincinnati) http://ow.ly/TrA3g
  • New study finds above-ground spills, not drilling, are responsible for water contamination from fracking http://ow.ly/TlBNy
  • Iowa DNR: Spilled hog manure reaches Skunk River http://ow.ly/TlCoZ
  • U.S. District Court for Western District of Pennsylvania invalidates local government's efforts to block oil and gas wastewater disposal http://ow.ly/TtOGB

Water Resource Management (Floodplains, Dams, Navigation, Wetlands, Flooding, Supplies, etc.) -
  • As the Southwest dries, water could transform the Rust Belt into the "Blue Belt" http://ow.ly/TdCkB
  • Justice Department will appeal Mississippi River-Gulf Outlet damages ruling against Army Corps of Engineers http://ow.ly/TlG2V
  • Stakeholder reactions to new Republican bill to overhaul Wisconsin’s high-capacity well regulations are lukewarm http://ow.ly/TotvN
  • Dredging continues in phase two of project to reintroduce Mississippi River flows to Bayou Lafourche (Louisiana) http://ow.ly/TqJ3H
  • Report Card gives Mississippi River Basin a D+ on condition of infrastructure such as locks and dams http://ow.ly/TqMtE (see additional, related link below under "Other News")
Agriculture -
Click to enlarge
  • Hoosier Environmental Council challenges the constitutionality of Indiana's right-to-farm laws http://ow.ly/TdhD6
  • Study: U.S. crop diversity loss could have far-reaching ecosystem services and food system sustainability consequences http://ow.ly/TnPLq
  • "Putting down the plow in Oklahoma" - the growing trend toward less farmland tillage http://ow.ly/TqUME
  • USDA provides $30 million in Farm Bill conservation grants to protect wetlands in Iowa, Kentucky, Missouri, Mississippi, Nebraska and Tennessee http://ow.ly/Trmnp
Climate and Weather -
  • US drought update: dryness expands across portions of the Corn Belt and into western Kentucky; drought and abnormal dryness deepens in most of Oklahoma, Arkansas, Louisiana, and Mississippi http://ow.ly/wmTdv
  • The Earth just had its warmest September on record — by a long shot http://ow.ly/TtNMV
Biodiversity, Wildlife and Invasives -
  • Minnesota DNR initiates pilot projects to treat small infestations of zebra mussels on Minnesota lakes http://ow.ly/TlGT8
  • South Dakota Gov. Dennis Daugaard pushes for changes to Endangered Species Act http://ow.ly/TlUI3
  • Study: Bakken oil shale development displacing scores of sensitive grassland birds from northern North Dakota; abstract: http://ow.ly/TrP6g and full study publication: http://ow.ly/TrPLC
  • How ecotourists actually make things worse for wildlife http://ow.ly/TrQcR
In the Cities -
  • As green as city officials like to call Louisville, studies continue to show it ranks poorly in a number of environmental indicators http://ow.ly/TqVXH  (study results here: http://ow.ly/TqWpV - Minneapolis 7th, St. Louis 34th, New Orleans 66th, Baton Rouge last)
  • Study: Sea level rise will "swallow" New Orleans  eventually, no matter what is done to limit climate change; stories: http://ow.ly/TlDf3 and http://ow.ly/TnJWX (study abstract: http://ow.ly/Ts3E4)
  • River Town program advising smaller municipalities with fewer resources how to revitalize their waterfronts sees success along Monongahela River's Fredericktown http://ow.ly/TqOoY
  • Decatur, Illinois' second phase of storm water fee starts next month http://ow.ly/TtJDN
In the States-
  • Pennsylvania House Bill 965 would make it easier for legislature to block executive agencies' regulations, statements of policy http://ow.ly/TrOdU (Pennsylvania Environmental Council opposes bill http://ow.ly/TrOt3)
  • Kansas Gov. Brownback not looking at additional spending cuts or new taxes to balance budget http://ow.ly/Tdryl
  • Wyoming Gov. Matt Mead prepares to cut millions of dollars from state's budget as energy revenues lag http://ow.ly/TlKnf
Gulf Coastal Region-
  • Louisiana Indian tribe files lawsuit over 2010 Gulf of Mexico oil spill damages to tribal cultural, natural resources http://ow.ly/TlGnO
Forestry -
  • Judge approves West Virginia businessman's plan to buy some Patriot Coal assets, launch reforestation venture with carbon credits http://ow.ly/Tdeom
  • Gulf Coast Ecosystem Restoration Council announces members to the Gulf Coast Ecosystem Restoration Council Performance Review Board http://ow.ly/TqTXR
Resource Development -
YouTube link to the left
  • Top industry official says a "suite" of proposed federal regulations is threatening North Dakota's oil production, not slumping prices http://ow.ly/Tr093
  • North Dakota Department of Health notified of 800-barrel (25,000 gallon) brine spill in McKenzie County at site operated by Hillstone Environmental Partners - no surface water impact reported http://ow.ly/TlRKL (related:  the state fines for the Hillstone Environmental Partners spill will likely be negligible https://youtu.be/jYusNNldesc)
  • As voters are asked for a fifth time whether to ban fracking locally, their Ohio mayor says residents are "tired of hearing about the issue"  http://ow.ly/Tr2R7
  • Gillette, Wyoming: "Coal. Guns. Freedom" - A week in the life of the town that keeps your lights on http://ow.ly/TtNpq
Federal Budget (You can follow the status of all of the fiscal year 2016 appropriation bills on this Congress.gov web page) -
Events - Information on all past and future events listed here each week can be viewed in the on-line calendar, located above and to the right (and here as a stand-alone calendar)
  • EPA and the Water Environment Federation to host series of three, free webcasts focused on biomimicry and biophillic design; October 21, November 5, 18 http://ow.ly/TrEHo
  • USEPA Farm, Ranch, and Rural Communities Committee meeting;  October 22, Broomfield, Colorado, 9 AM-5 PM MT (open to public) http://ow.ly/TnHDb
  • Interior Department Invasive Species Advisory Committee public meeting;  October 28-30, Beltsville, MD http://ow.ly/TnIlZ
  • Capitol Hill briefing: What Are Farmers Doing to Address Water Quality, November 2; 2-3:30 pm, Senate Visitor's Center http://ow.ly/TlT75
e-Newsletters, Publications, Journals, Multimedia  -
  • NW PAssages E-Zine ~ October 2015; exploring northwest Pennsylvania's greenways http://ow.ly/TlQ5d
Other news-
  • Senate Republicans think they might be able to lift oil export ban if it's paired with Land and Water Conservation Fund reauthorization http://ow.ly/TqNhv
  • Obama administration directs agencies to factor in value of ecosystem services into planning and decision-making http://ow.ly/TnMxO
  • America’s Watershed Initiative releases new Report Card for the 31-state Mississippi River Watershed http://ow.ly/TnIS5 (related news story below)
  • Wall Street Journal: "Mississippi River Watershed Given a D+" "Grade from nonprofit coalition cites water supply, pollution, infrastructure" http://ow.ly/TqVn8
  • Job Opportunity:  Natural Resources Biologist – Iowa DNR Fisheries Bureau, Muscatine, IA http://ow.ly/TlznM
  • Parties come together to celebrate canoes and volunteerism on the Mississippi River http://ow.ly/TlEEn
  • Great River Greening seeks to fill Director of Conservation Programs position (Saint Paul, MN) http://ow.ly/TlU6Q
  • Minnesota DNR proposes lead shot ban for state wildlife management areas http://ow.ly/TnQjP
  • Creighton University's September rural main street index signifies that the U.S. farm/rural economy continues to contract http://ow.ly/TnTBp
Politics and People-
  • Congressional Management Foundation report: Social media posts from constituents grab Congress's attention http://ow.ly/TtKd3
  • Minnesota businessman Stewart Mills (R) announces a second challenge to 8th District Democratic Rep. Rick Nolan http://ow.ly/TnJCh
  • Environmental groups weigh in on a Pennsylvania Supreme Court race that they say has long term environmental implications http://ow.ly/TqOKr
Your Moment of Zen -
"A River's Course" - courtesy Carol Hays, Executive Director, Prairie Rivers Network

What We Learned This Week: "It's too late, New Orleans, now, it's too late"

A federal appeals court in Cincinnati halted nationwide implementation of the Obama administration's new Waters of the United States rule, while a second federal panel decided against consolidating numerous cases appealing the rule.  Above-ground spills, not drilling, are responsible for much of the water contamination that results from fracking.  Greater Cincinnati's Great Ohio River Swim won't be so great, after all, because of the continuing Ohio River harmful algal bloom.  25,000 gallons of brine were spilled in North Dakota, but reportedly did not impact any surface water. The Skunk River in Iowa was not so lucky, as spilled hog manure made its way into that water body.  It's been much dryer lately in the Corn Belt and Lower Mississippi River Valley.  If the Mississippi River Basin were a school student, it would be well below average. The Earth just celebrated its warmest September on record. No matter what anyone does, it's too late to keep rising seas from swallowing New Orleans.  Louisville is less "green" than city leaders seem to believe. But Baton Rouge is doing much worse. Scores of sensitive grassland birds are being displaced from northern North Dakota by Bakken oil shale development. A top oil industry official said that a "suite" of proposed federal regulations threatens North Dakota's oil production, not slumping prices.  And last but not least, John Oliver would like the normally very polite people of North Dakota to get angry ("please").

Friday, October 9, 2015

What We Learned This Week - "A Bridge Too Far"

The Ohio River algal bloom stretched to 650 miles in length - over two-thirds of the River’s length.  The National Wildlife Federation sued the U.S Department of Transportation over its alleged failure to protect people, communities and the environment from inland waterways oil pipeline spills.  Congressional advocates sought to forge a bipartisan path toward permanently reauthorizing the  Land and Water Conservation Fund. The Army Corps of Engineers proposed a $14 billion list of water resources development projects it wants to deauthorize.  Illinois Rep. Mike Quigley worked on a farm for a bit, and said that the nation needs to upgrade the Mississippi River's locks and dams to help farmers.   West Virginia reached an agreement with Patriot Coal Corp., which will now set aside $50 million for its coal mining environmental cleanup responsibilities. Federal officials finalized a $20+ billion deal with BP to settle 2010 Gulf oil spill-related lawsuits.  Allies on Louisiana Coastal restoration issues found themselves at odds over plans to tap into BP oil spill fine money for Louisiana Route 1 bridge work.  The U.S. Fish and Wildlife Service proposed to list the Kentucky arrow darter as "threatened" under the Endangered Species Act, but  won't be protecting Kentucky's Cumberland arrow darter or Tennessee cave beetles.  Zebra mussels invaded two more lakes in Minnesota's Twin Cities region. Signs at Minnesota's Lake Calhoun are now subtitled "Bde Maka Ska."  Incumbent Memphis Mayor A C Wharton was defeated in a Thursday election by City Councilman Jim Strickland. And last but not least, it's stressful living in Memphis and New Orleans (St. Louis and Minneapolis . . . not so much).

Mississippi River Basin Water Resource Weekly News

~Most of the Water News - None of the Spin~

This Week . . . But Not Next
The long, blue-green, Ohio River bloom continues to get longer, bluer and greener by the day. Fed mostly by nutrient-laden farmland runoff, the fluorescent toxic algal bloom is garnering local, regional and national media and agency scrutiny, but little attention in the halls of Congress, where deliberations this week centered on brokering a Republican-White House comprehensive, 2017 fiscal year budget deal, and determining who will occupy the House Speaker's chair next (It won't be House Majority Leader Kevin McCarthy. It may be Wisconsin Rep. Paul Ryan.).

After today's House session, both Congressional chambers will be darkened until October 20, when Members of Congress return in a refreshed, post-recessed state of mind to face several looming deadlines, including the need to raise the country's debt ceiling (in early to mid-November, depending on who you listen to), the soon-to-expire surface transportation authority (October 29), and another government funding deadline (December 11). Authorization for the popular Land and Water Conservation Fund has already expired, and when Congress returns, expect to see renewed attempts to resurrect the program's funding stream - in the forms of stand-alone legislation and amendments to other bills, such as the Senate measure to overhaul the Toxic Substances Control Act. Blocking the LWCF path to reauthorization is the contention by some in Congress that the program should be amended to allow the sell-off of federal lands to help reduce the national debt.

Expect the Ohio River algal bloom to continue next week.

The best bits of the week's water-related news are amassed below.  Or, if you're not that hungry, check out our concise, single-paragraph, compilation in "What We Learned This Week - "A Bridge Too Far."
 
Noteworthy @UpperMiss Twitter Postings for the Week

Photo: Bill DeReamer, WLKY
Water Quality -
  • Pittsburgh Post-Gazette editorial: A green river: Spreading algae on the Ohio is cause for concern http://ow.ly/T1k6T
  • Toxic algae bloom now stretches 650 miles along the Ohio River - more than two-thirds of the River’s length http://ow.ly/T4mlV
  • Ohio River Valley Water Sanitation Commission: Ohio River states to decide how and where companies test to quantify mercury released into waterway http://ow.ly/TcYu5
  • Murray Energy Corp. sues Obama administration over documents tied to a rulemaking for protecting waterways from mining http://ow.ly/T4mR8
  • EPA reaches settlement with Wayne County, Missouri landowners for Clean Water Act violations (placing fill in stream) http://ow.ly/Tad7h
  • National Wildlife Federation sues U.S Department of Transportation over alleged failure to protect people, environment from oil pipeline spills into inland waters http://ow.ly/TaOu0
Water Resource Management (Floodplains, Dams, Navigation, Wetlands, Flooding, Supplies, etc.) -
  • Army Corps of Engineers publishes Interim List of water resources development projects identified for deauthorization under WRRDA; Projects are worth about $14 billion. Comments sought for 90 days (until Jan. 4, 2016) http://ow.ly/T6YyQ
  • NY Times: With Flood Insurance Rare, Homeowners Have Little Recourse http://ow.ly/TajgS
  • On Illinois farm, Rep. Mike Quigley (D-IL-5) discusses need to fund dam and lock upgrades on the Mississippi River http://ow.ly/TazTx
Agriculture -
  • South Dakota announces launch of a campaign to help state farmers and ranchers maintain and improve wildlife habitat http://ow.ly/T1pgM
  • Obama administration has decided that environmental sustainability won't be factored into new US dietary guidelines http://ow.ly/Taboc
Climate and Weather -
  • NOAA US weekly drought update: rains erase long-term Oklahoma drought, dryness; parts of Arkansas see driest September ever; Midwest short-term dryness expands http://ow.ly/wmTdv
  • Agri-Pulse: Climate change and agriculture: Challenges and opportunities http://ow.ly/Tah25
Biodiversity, Wildlife and Invasives -
  • Sand County Foundation releases report touting species saved without listing them under Endangered Species Act http://ow.ly/T73xb
  • Federal court rejects central premise of EPA rules to reduce spread of invasive species through ship ballast water http://ow.ly/T4hwq
  • Pennsylvania drafts new 10-year wildlife action plan on how to “keep common species common” http://ow.ly/T1lj2
  • Minnesota Department of Natural Resources takes additional measures in response to Lake Koronis starry stonewart discovery http://ow.ly/T1qUQ
  • US Fish and Wildlife Service lists black pinesnake as a threatened species (Louisiana,
    Mississippi and Alabama) http://ow.ly/T4gN8
  • Fish and Wildlife Service proposes to list Kentucky arrow darter as "threatened" under the Endangered Species Act http://ow.ly/Tac5a
  • Fish and Wildlife Service: Endangered Species Act protections are not warranted for 19 species, including Cumberland arrow darter (Kentucky) and Tennessee cave beetles http://ow.ly/Taclv
  • USDA to invest $4 million in assistance for farmers, ranchers and forest landowners to improve honey bee food sources http://ow.ly/T72F4
  • Photo essay on restoration of Eastern Prairie Fringed Orchid in Wisconsin explores reasons for decline, recovery plans http://ow.ly/TbcFj
  • Minnesota Department of Natural Resources confirms zebra mussels in two lakes (Wright County and Eden Prairie) http://ow.ly/TcX7K
In the Cities -
  • Frac sand industry's downturn is leaving Wisconsin and Minnesota towns such as Winona with
    Fayetteville, Arkansas
    an uncertain future http://ow.ly/T1ySx
  • Dubuque, Iowa wants to look closer at building a hydroelectric plant on the Mississippi River http://ow.ly/T4DNk
  • Memphis and New Orleans make top ten in list of most stressful US cities based on congestion, other factors (St. Louis and Minneapolis further down list) http://ow.ly/Ta74O
  • Designers chosen to improve sense of place in  Bentonville, Fayetteville, Springdale, and Rogers, Arkansas http://ow.ly/TatU0
Click to enlarge
In the States-
  • In response to continued Pennsylvania budget impasse, Gov. Wolf imposes hiring freeze, travel restrictions on state agencies http://ow.ly/T1rAX
  • Plastic microbeads in waters prompt states' regulatory efforts (including Mississippi River Basin states of Colorado, Illinois, Indiana and Wisconsin), while some attempts to regulate have failed (including Iowa, Minnesotahttp://ow.ly/T4kvY
  • Wisconsin Land and Water Annual Progress Report released by Agriculture, Trade and Natural Resources departments http://ow.ly/T708x
Gulf Coastal Region-
  • Federal officials finalize an over $20 billion deal with BP to settle lawsuits stemming from 2010 Gulf oil spill http://ow.ly/T4hcJ
  • Louisiana coastal marshes will be key focus of $8.8 billion BP will pay to restore 2010 oil spill natural resource losses http://ow.ly/T6XBv
  • Louisiana Coastal restoration allies clash over plans to tap into BP oil spill fine money for a LA Route 1 bridge http://ow.ly/TcPy9
  • Louisiana Environmental Action Network selected as EPA grant recipient to address Grand Bois, Louisiana environmental justice issues http://ow.ly/TcXKZ
Resource Development -
  • Moody's: Illinois Basin is economically the "most resilient" coal mining area due to low mining costs, proximity to coal-fired power plants http://ow.ly/SWPg2
  • Arguments in Iowa are growing over when and how to decide fate of proposed four-state-long crude oil pipeline http://ow.ly/T1ibK
  • Minnesota regulators hold off on issuing a key permit for the 600-mile Sandpiper pipeline project amid ongoing court challenges http://ow.ly/T1yqC
  • Advocates withdraw their proposal to ban frac sand mining in Houston, County, Minnesota  http://ow.ly/T4E84
  • West Virginia reaches an agreement with Patriot Coal that will set aside about $50 million for the coal company’s environmental cleanup responsibilities http://ow.ly/Tas1O
  • Groups move to appeal federal judge decision upholding leasing of over 1.6 billion tons of federal coal http://ow.ly/TbcmY
Federal Budget (You can follow the status of all of the fiscal year 2016 appropriation bills on this Congress.gov web page) -
  • President Obama vows that he will not sign another short-term funding measure http://ow.ly/T1mjw
Events - Information on all past and future events listed here each week can be viewed in the on-line calendar, located above and to the right (and here as a stand-alone calendar
  • Association of State Wetland Managers webinar: Wetland Restoration in Urban and Highly Disturbed Landscapes, October 13, 3 PM ET http://ow.ly/T70Xg
  • America’s Great Waters Coalition schedules three nutrient pollution webinars with focus on six Great Waters, October 13, 20, November 10 http://ow.ly/T1S64
  • Public meeting of the Coastal Protection and Restoration Authority of Louisiana; October 21, 9:30 am, Baton Rouge http://ow.ly/T4lBy
  • FEMA Technical Mapping Advisory Council meeting (open to public); re: national flood mapping program; USGS Headquarters, Reston, VA; October 21, 3-4 PM ET http://ow.ly/T1o2c
  • Missouri workgroup to meet on November 10 in continued discussions on proposed numeric nutrient criteria for lakes http://ow.ly/TafGa
  • Fall 2015 Storm Water Virtual Expo (Free); November 10, 10 am - 5 pm ET http://ow.ly/T1TDJ
  • USDA National Urban and Community Forestry Advisory Council meeting, Denver, Colorado, November 16 http://ow.ly/Taw55 and http://ow.ly/Taw0T
  • Save the date: 30th anniversary celebration for the Conservation Reserve Program, Capitol Hill, December 2, 6-8 PM http://t.co/rerisrtuTV
e-Newsletters, Publications, Journals, Multimedia  -
Other news-
  • Top Democrats seek Senate floor time on bipartisan bill to permanently reauthorize  Land and Water Conservation Fund http://ow.ly/Talbx
  • Lake Calhoun signs updated to include the lake's Dakota name, Bde Maka Ska (Minnesota) http://ow.ly/T1dtW
  • Senators dismiss tying lapsed conservation fund to chemical reform http://ow.ly/T6ZHD
  • Sen. Tom Cotton (R-AR) introduces legislation to roll back USEPA liability protections http://ow.ly/T78sb (referred to Judiciary Committee)
  • Pennsylvania nonprofit organizations are invited to nominate waterways for the “2016 Pennsylvania River of the Year” through Oct. 23 http://ow.ly/Ta9bJ
  • EPA awards Friends of the Kaw; Kansas City an environmental justice grant to teach water quality classroom lessons and field work http://ow.ly/TcZYe
Politics and People-
  • Washington Post: Are think tanks obsolete - more like the Detroit of the 1990s than of the 1950s? http://ow.ly/T71Cs
  • City Councilman Jim Strickland defeats incumbent Memphis Mayor A C Wharton http://ow.ly/Td2HF
Your Moment of Zen -