This "virtual newspaper for an aquatic world" contains musings, science, facts and opinions-both profound and mundane-about the River region, its people and natural resources, and their nexus to the Washington, DC scene.
Comments and other written contributions are always appreciated.
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. 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
House Energy and Commerce Subcommittee on Energy and Power hearing on “Oversight of Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011 and Related Issues;” 10:15 AM, room 2123 Rayburn House Office Building.
House Appropriations Committee meeting to markup the fiscal year 2016 Homeland Security Appropriations Bill (funds, among other agencies, the Federal Emergency Management Agency ("FEMA")); 10:15 AM in 2359 Rayburn House Office Building.
Senate Appropriations Subcommittee on Agriculture, Food and Drug Administration, and Related Agencies meeting to markup the fiscal year 2016 spending bill for the USDA and FDA; 2:30 PM, room 192 Dirksen Senate Office Building.
Wednesday
House Natural Resources Subcommittee on Energy and Mineral Resources oversight hearing entitled “The Future of Hydraulic Fracturing on Federally Managed Lands;” 10:00 AM, room 1324 Longworth House Office Building.
House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law oversight hearing on the Office of Information and Regulatory Affairs; 3:00 PM, room 2141 Rayburn House Office Building.
Thursday
Senate Agriculture Committee legislative hearing "to review pending Forest Service and forestry related bills," including S. 1691, to expedite and prioritize forest management activities to achieve ecosystem restoration objectives, and for other purposes (among other things the bill would limit the length of National Environmental Policy Act reviews); and S. 326, "Stewardship End Result Contracting Improvement Act," to amend the Healthy Forests Restoration Act of 2003; 10:00 AM, room 328A Russell Senate Office Building.
Senate Appropriations Committee meeting to markup the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act for Fiscal Year 2016; NEW TIME - 10:00 AM, room 106, Dirksen Senate Office Building.
Senate Regulatory Affairs Subcommittee on Regulatory Affairs and Federal Management hearing to review the Office of Information and Regulatory Affairs’ Role in the Regulatory Process; 2:00 PM, room 342 Dirksen Senate Office Building.
Senate Energy and Natural Resources Subcommittee on Public Lands, Forests and Mining hearing on several pieces of legislation, including S. 1691, the National Forest Ecosystem Improvement Act of 2015, "to expedite and prioritize forest management activities to achieve ecosystem restoration objectives, and for other purposes;" 2:45 PM, room 366 Dirksen Senate Office Building.
Appeals Court Chesapeake Bay Decision has Implications for Mississippi River Basin
Photo: Wikimedia Commons
A 60-page ruling issued Monday by the U.S. Court of Appeals for the Third Circuit in American Farm Bureau Federation, et al., v. EPA has implications beyond the Chesapeake Bay watershed to which it applies. The case stems from the Environmental Protection Agency's (EPA's) 2010 Chesapeake Bay Total Maximum Daily Load (or TMDL) requirement that states meet nutrient runoff reduction goals from agricultural and other sources by certain dates. That TMDL and a resulting 2011 lawsuit by the American Farm Bureau Federation, National Association of Home Builders and seven other co-appellants have drawn national attention, as groups on both sides of the issue saw the potential for the EPA to utilize a similar regulatory approach to water pollution elsewhere across the country. You can link to further coverage of the ruling under "Water Quality," below. This article looks closer at the ruling and its implications for nonpoint source pollution in the Mississippi River Basin and beyond.
This Week and Next in Congress
The U.S. House was poised Thursday to pass its seventh fiscal year 2016 appropriations bill of the year (H.R. 2822): the Interior and Environment spending measure that would fund the EPA, Department of Interior and U.S. Forest Service in the fiscal year beginning on October 1. The bill would cut funding for U.S. EPA programs by about nine percent, and contains language blocking several key Obama administration environmental initiatives, while impacting endangered and threatened species listings for several freshwater mussel, bird and bat species found in the River Basin. However, House Republican leaders canceled Thursday's vote following an intra-party split over a Confederate flag display amendment. House Appropriations Committee leaders believe that the bill is now dead for all intents and purposes. Its demise has pleased some who were fighting the legislation's many environmental policy provisions (known as riders). Here is an overview of River Basin-relevant policy riders in the Committee bill, the Basin-significant amendments considered by the House this week and a related Senate bill.
On Wednesday, the House Appropriations Committee approved a fiscal year 2016 USDA-FDA spending bill that, among other things, followed tradition and cut mandatory funding for the farm bill's Conservation Stewardship Program and the Environmental Quality Incentives Program. The bill also includes a policy rider that would delay for one year the implementation of a farm bill conservation compliance provision, which requires farmers who receive federal crop insurance to partake in soil and wetland conservation practices. The White House has officially expressed "concerns" over the spending bill.
Given Democratic opposition to those two spending bills and an increasingly-tight summer legislative calendar, it's extremely doubtful that either of the bills will make their way through Congress and become law before the new fiscal year starts on October 1. However, policy riders can make there way into stopgap funding measures (less likely), or be strategically placed into huge compilations of spending legislation known as "omnibus" measures (more likely).
The House passed the "Resilient Federal Forests Act of 2015" on Thursday over some Democratic objections. That bill that would arguably limit the public's ability to challenge certain logging activities on public lands by streamlining the National Environmental Policy Act review process for projects designed to reduce wildfire risks, increase forest resilience to disease and insects, protect water supplies, or enhance habitat for at-risk species. The White House issued a statement on July 8 in which it "strongly opposes" the bill, in part because it would undermine "fundamental environmental safeguards."
Several Congressional meetings and hearings are already planned for next week that may be of interest to Mississippi River watershed stakeholders. While that list will likely grow, you can preview the currently-scheduled activities here.
Noteworthy @UpperMiss Twitter Postings for the Week
Water Quality -
Murray Energy Corp. (on June 29) and a coalition of industry organizations (on July 2) file
Photo: Amy Burgin
legal challenges to Obama administration's water rule http://ow.ly/Pfg9r
Oklahoma files legal challenge in the U.S. District Court for the Northern District of Oklahoma against the EPA's Clean Water Rule, arguing that the measure violates the Administrative Procedure Act, the Clean Water Act, the 10th Amendment and the Commerce Clause http://ow.ly/PomTJ
Two views on WOTUS in July 9 Louisville Courier Journal: Textbook example of government overreach http://ow.ly/PnU1Z Clean Water Act rules have strong basis http://ow.ly/PnU8n
St. Louis Post Dispatch Editorial: Missouri Attorney General "Koster chooses Big Farm over clean water. Bad move." http://ow.ly/PohF1
House Republicans take aim at waters of the U.S. (WOTUS) rule and proposed Clean Power Plan at EPA Administrator hearing http://ow.ly/Pr0AF
Third Circuit Court of Appeals issues major opinion upholding USEPA's pollutant load numbers (TMDL) for Chesapeake Bay (nationwide implications); Greenwire story: http://ow.ly/PfjKB and appeals court opinion: http://ow.ly/PeWXd
Agri-Pulse: Farmers the 'losers' as Chesapeake Bay pollution limits upheld http://ow.ly/PkqsQ
State environmental data show that high nitrate levels plague 60 Iowa cities http://ow.ly/PiyJj
Iowa Department of Agriculture announces four water quality improvement projects employing farm conservation practices http://ow.ly/PifT5
Des Moines Register: Collaboration vs. litigation: Two approaches to high nitrates http://ow.ly/Piyq3
USDA Secretary Tom Vilsack op-ed (Des Moines Register): "We've made water quality a priority" http://ow.ly/Po0uF
Studies identify water quality problems and remedies for the Vermillion River watershed (Minnesota) http://ow.ly/PiFUo
Wisconsin Gov. Walker signs bill to phase out sale and manufacture of personal care products containing microplastics http://ow.ly/P5d3g
EPA prepares to sample well water and surface water for contamination following derailment of CSX tank car hauling 24,000 gallons of acrylonitrile in Tennessee http://ow.ly/PdWEl
Wisconsin Department of Natural Resources opens Clean Water State Revolving Fund Additional Subsidization Affordability Analysis draft policy for public comment http://ow.ly/PeogZ
Cleanup, environmental monitoring nearing completion after February train derailment, ethanol spill into Mississippi River near Dubuque http://ow.ly/PhiVC
Army Corps of Engineers: Missouri River Basin runoff remains above average due to widespread rainfall http://ow.ly/Pi84Q
Colorado state water plan includes eight regional basin implementation plans; includes moving more water from west to east of continental divide http://ow.ly/PnZHn
Journal of Earth Science study: flood risks in Midwestern U.S. may be underestimated by as much as five feet; story: http://ow.ly/P5cbg (study abstract: http://ow.ly/P5ckB)
Environmental restoration construction surges on the Upper Mississippi River http://ow.ly/PhfHw
Little Platte River and Fishing River flooding concerns remain after storms pummel the Kansas City, Missouri area http://ow.ly/Phk5U
North Dakota officials see progress in their crackdown on illegal water sales as permit holders overpump, rake in profits http://ow.ly/PhqbA
New Illinois study finds 92% of flood damage claims are from homeowners and businesses outside floodplains http://ow.ly/PiF0e; Center for Neighborhood Technology calls for adjustment of policies and investments http://ow.ly/PiFhp (related press release below)
New Department of Natural Resources report examines issues and strategies for dealing with urban flooding in Illinois http://ow.ly/PklWl
Wisconsin Department of Natural Resources announces new wetland screening process for stormwater, CAFO and waterway/wetland permits http://ow.ly/PknS5
Federal appeals court denies Obama administration request to reconsider wetland jurisdiction ruling, solidifying circuit court split http://ow.ly/PlMUs
Mississippi River-Gulf Outlet drastically changed the nature of the Lake Pontchartrain ecosystem http://ow.ly/PntPm
Agriculture -
Corn Refiners go on attack against Big Sugar's federal subsidies, calling them an unsustainable political burden for the agriculture industry http://ow.ly/P5hgI
Orion Magazine: "Buying the Farm" - activists see a battle looming for the control of U.S. food production http://ow.ly/PdPT2
U.S. farmers are eager for drones, but most can't legally fly them http://ow.ly/Penzo
More animal feedlots expanding or starting in south-central Minnesota http://ow.ly/PlvjN
Click to enlarge
Climate and Weather -
US drought update: parts of central to western Kansas drying out while dry conditions in Minnesota and Wisconsin were eliminated http://ow.ly/wmTdv
Office of Management and Budget for the first time asks federal agencies to submit budgets that include climate impacts on federal facilities' construction and maintenance http://ow.ly/Pecgd
Biodiversity, Wildlife and Invasives -
Preliminary equipment runs and testing indicate that Grafton, Illinois Asian carp processing plant will meet expectations http://ow.ly/PhhpP
North Dakota establishes Federal Environmental Law Impact Review Committee to pursue lawsuits related to federal environmental laws or regulations http://ow.ly/P5Lm9
New Kansas law threatens state courts’ budget based on the outcome of court decisions http://ow.ly/PkKyv
Center for American Progress Action Fund assesses strength of the democratic process in each of the 50 states; in the Mississippi River Basin, Montana, Colorado and Minnesota ranked 2nd, 3rd and 7th; Mississippi, Indiana, Kentucky and Tennessee rated 46th through 49th, respectively http://ow.ly/PivNZ
Generally, $100 is worth more in Mississippi River Basin states than elsewhere in the U.S. http://ow.ly/PoWbe
Environmental Law Institute (click to enlarge)
Gulf Coastal Region-
Environmental Law Institute: Deepwater Horizon Settlement – Some Answers, New Questions
http://ow.ly/Pnu7h
Times-Picayune Editorial Board: With BP cash, Louisiana could jump start coastal restoration http://ow.ly/Ph71U
Working to enact Louisiana’s coastal restoration master plan will be a major challenge for the next governor http://ow.ly/PkirP
Forestry -
"Resilient Federal Forests Act of 2015" moves on to a House floor vote over Democratic objections http://ow.ly/Pkw0l
Peabody Energy asks Wyoming District Court judge to strike lyrics of John Prine, 1971 protest song from federal lawsuit; song criticized Peabody's mining practices in Kentucky http://ow.ly/PhDs0 (see related "Your Moment of Zen" below)
Wisconsin state budget provision exempts Enbridge from environmental insurance requirement for its pipeline running through Dane County http://ow.ly/Peb79
South Dakotans sound off for and against Keystone XL pipeline before state Public Utilities Commission http://ow.ly/PkKTP
Athens County, Ohio Commissioners will request moratorium on new oil-and-gas fracking waste injection wells http://ow.ly/PebRU
Kansas Sierra Club plans legal action over oil industry wastewater disposal practices linked to earthquakes http://ow.ly/PhoRz
Cellulosic ethanol plant provides a "second harvest" for Kansas wheat farmers http://ow.ly/PhKvi
Wyoming regulators will let Peabody Energy Corp. provide its own financial assurances for three operations in state http://ow.ly/PoUBn
Federal Budget (You can follow the status of all of the fiscal year 2016 appropriation bills on this Congress.gov web page) -
Budget brinkmanship grips DC as Republicans and Democrats are locked in increasingly bitter debate over spending http://ow.ly/PdQLs
New York Times: “Republicans Aim to Hamper Obama’s Policies With Spending Bills” http://ow.ly/PkgpB
House 2016 Interior-EPA spending bill debate continues to focus on contentious environmental amendments (or "riders") http://ow.ly/PktAy
White House expresses "concerns" to House Appropriation Committee Chairman over FY 2016 USDA-FDA spending bill http://ow.ly/PkQd0
White House expresses concern over, threatens veto of Senate Interior and Environment spending bill due to its riders http://ow.ly/PoTlx
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)
Capitol Hill Briefing: Study evaluates water quality monitoring in relation to Lake Erie Basin agriculture, July 14, 10 AM http://ow.ly/Pi6lY (video will be made available after the briefing)
Farm Foundation Forum: Water Challenges for the Future, July 15, 9-11 AM EDT, Washington, D.C. (and live audiocast) http://ow.ly/Pi5tH
Water Environment Federation Great Water Cities Summit 2015, July 21-22, New Orleans, La. http://ow.ly/PoeLK
Agricultural and Food Law Consortium Webinar: State and Federal Legal Developments in Agricultural Nutrient Management, July 24, noon EDT http://ow.ly/PowYj
Conference: "Commerce and Conservation Along the Missouri River," July 29, Jesuit Hall, Washington, Missouri http://ow.ly/PnWeu
Water Environment Federation 2015 Stormwater Congress, September 26-30, Chicago, Ill. http://ow.ly/Pofg3
Upper Mississippi River meetings (UMRBA, UMRR Coordinating Committee), August 4-5, Onalaska/La Crosse, Wisconsin http://ow.ly/PlBuU
Ecological Society of America 2015 Annual Meeting, August 9-14, Baltimore Convention Center http://ow.ly/Plzie
Greater Peoria International Asian Carp Conference; August 21, Peoria, Illinois; Conference web site: http://ow.ly/PhclH and news story: http://ow.ly/PhccT
Midwestern Governors Association to host regional poverty summit September 22 - 23 in Kansas City, Kansas http://ow.ly/PeK78
How to Address Water as a Business Risk and Opportunity, October 5, 1-4 pm, World Wildlife Fund-Washington, DC http://ow.ly/P5mkG
Save the Dates: National Conference on Ecosystem Restoration, April 18-22, 2016, Fort Lauderdale Coral Springs Marriott Conference Center, Florida
South Dakota DENR accepting applications for projects eligible for federal Clean Water Act, Section 319 nonpoint source control grants http://ow.ly/Pe1tu
Sens. John Hoeven (R-ND) and Joe Manchin (D-WV) are working on a companion to House coal ash disposition bill http://ow.ly/Ph2fR
Franklin County Commissioners approve zoning code changes that may derail efforts to block Ameren Missouri coal ash landfill in Missouri River floodplain http://ow.ly/PkLGE
The Metropolitan Council (Twin Cities, MN) seeks to fill a Senior Environmental Scientist-Water Quality Monitoring position http://ow.ly/PlxDL
Green Lands Blue Waters seeks to fill new position of Watershed Initiative Coordinator #job http://ow.ly/Po8g0
Wildlife artists can submit entries for the 2016 Minnesota Trout and Salmon Stamp from August 3-14 http://ow.ly/PoxtY
House Science, Space and Technology Committee Republicans spar with EPA Administrator over science, regulations http://ow.ly/PoS4b
Politics and People-
State Sen. Darin LaHood easily wins GOP Illinois' 18th District primary, making him favorite to win September special election http://ow.ly/Pkcmh
What's behind Sen. Mark Kirk's (R-IL) battle with environmental groups? http://ow.ly/PkH2g
Sen. David Vitter's twelve committee 'Field Hearings' aid his run for Louisiana Governor http://ow.ly/PkWpv
The U.S. House was poised Thursday to approve H.R. 2822: a fiscal year 2016 Interior and Environment spending measure that funds the Environmental Protection Agency (EPA), Department of Interior and U.S. Forest Service. However, House Republican leaders canceled Thursday's vote following an intra-party split over a Confederate flag display amendment. House leaders do not believe a vote on the bill can be revived at this point because of the toxic Republican flag squabble. That news was welcomed by some Democrats and many environmental organizations opposed to the legislation's numerous riders restricting Obama administration climate, water and other conservation initiatives.
Several of those riders are of interest to Mississippi River Basin natural resource advocates. The bill coming out of the House Appropriations Committee would delay the Fish and Wildlife Service's listing rule for the greater sage grouse under the Endangered Species Act until October 2016, blocked the EPA from changing the definition of fill material under the Clean Water Act, and halted EPA's final rule clarifying the scope of water bodies in the United States that receive protection under the Clean Water Act (known as the Waters of the United States rule). Additional amendments related to policy relevant to Mississippi River Basin natural resources were considered during the floor debate earlier this week. They are summarized below (The House maintains a full listing of all amendments proposed for this spending bill, and their disposition, here).
Amendments approved by voice vote (and links to those amendments):
An amendment sponsored by Rep. Kevin Yoder (R) of Kansas to prevent the U.S. Fish and Wildlife Service from spending money to implement or enforce the threatened species listing of the lesser prairies chicken.
An amendment sponsored by Rep. Glenn Thompson (R) of Pennsylvania to prevent the Fish and Wildlife Service from treating the threatened northern long-eared bat as endangered.
An amendment sponsored by Rep. Todd Rokita (R) of Indiana to bar the Fish and Wildlife Service from enforcing the Endangered Species Act for the Clubshell, Fanshell, Rabbitsfoot, Rayed Bean, Sheepnose or Snuffbox freshwater mussels.
An amendment sponsored by Rep. Tim Walberg (R) of Michigan to prohibit funds from being used by the EPA to lobby on behalf of the Waters of the U.S. rule.
An amendment sponsored by Rep. Scott Perry (R) of Pennsylvania to prohibit the Department of Interior from using drones for mapping that could be done by the private sector.
An amendment offered by Rep.
Dan Newhouse (R) of Washington to block any potential efforts by EPA to issue new rules for
livestock facilities under the federal Solid Waste Disposal Act.
Amendments proposed and then rejected by voice vote (and links to those amendments):
An amendment offered by Rep. Brenda Lawrence (D) of Michigan to strike the bill provision that would halt EPA's Waters of the U.S. final rule.
An amendment offered by Rep. Don Beyer (D) of Virginia to strike a bill provision blocking the administration from changing the definition of fill material under the Clean Water Act.
Amendments that were decided in a roll call vote (and links to those amendments):
An amendment offered by Rep. Niki Tsongas (D) of Massachusetts to strike the bill provision delaying the Fish and Wildlife Service's listing rule for the greater sage grouse under the Endangered Species Act until October 2016 (Rejected 186-243).
An amendment offered by Rep. Raul Grijalva (D) of Arizona to remove a bill provision that would prevent the EPA Office of Surface Mining, Reclamation and Enforcement from promulgating a stream protection rule due to be published in the coming weeks (Rejected 189-239).
A vote has been requested but was not held on an amendment sponsored by Rep. Bob Goodlatte (R) of Virginia that would give states more leeway in implementing EPA's pollution cleanup plan (TMDL) for the Chesapeake Bay (see this story for background on the issue, which has national implications).
What's Next?
The White House has threatened to veto the House bill. A related Senate Interior and Environment spending bill has been approved by the Senate's Appropriations Committee but has not been scheduled for floor consideration. The White House has threatened to veto that bill, as well, because of it several environmental policy riders, including one that would prevent the EPA from using funding to implement its final Waters of the U.S. rule.
With an upcoming five-week Congressional August recess looming and the House bill all but dead in the water, it would appear unlikely that either a Senate or House (or a compromise) Interior and Environment spending bill will be passed by both chambers and signed by the President before a September 30 end to the current fiscal year and its spending authority. Still, policy riders can make there way into stop-gap funding measures (less likely), or be strategically placed into huge compilations of spending legislation known as "omnibus" measures (more likely). So some or all of the above riders may be resurrected for consideration by Congress in the autumn.
A 60-page ruling issued Monday by the U.S. Court of Appeals for the Third Circuit in American Farm Bureau Federation, et al., v. EPA has implications beyond the Chesapeake Bay watershed to which it applies. The case stems from the Environmental Protection Agency's (EPA's) 2010 Chesapeake Bay Total Maximum Daily Load (or TMDL) requirement that states meet nutrient runoff reduction goals from agricultural and other sources by certain dates. That TMDL and a resulting 2011 lawsuit by the American Farm Bureau Federation, National Association of Home Builders and seven other co-appellants have drawn national attention, as groups on both sides of the issue saw the potential for the EPA to utilize a similar regulatory approach to water pollution in the Mississippi River watershed and elsewhere. The EPA TMDL specifically calls for reductions of 25% in nitrogen, 24% in phosphorus, and 20% in sediment loading to the Bay by 2025.
A three-judge Third Circuit panel found that the TMDL process appropriately created a flexible framework designed to meet pollution targets on a large watershed scale. The Court struck down each of the appellants' claims, importantly ruling that the TMDL did not usurp states’ rights or dictate local zoning and land use. The panel also disagreed with the appellants argument that the Clean Water Act and Congress have not authorized the EPA to set numeric loading reduction goals and deadlines when issuing a TMDL.
In the near-term the appellants may decide to seek an en banc review of the Third Circuit decision or to petition the U.S. Supreme Court to consider the case. Beyond those actions, the ruling could have implications related to nutrient pollution in the Mississippi River, its tributaries and the Gulf of Mexico. The ruling would appear to strengthen the Des Moines Water Works' position in the water utility's lawsuit against upstream tile drainage districts over nitrogen pollution from non-point agricultural sources in the Raccoon River (Iowa's Raccoon River is already considered an impaired waterway). Monday's ruling could also provide an impetus for additional lawsuits against producers, landowners and other parties over non-point agricultural runoff into surface waters throughout the watershed.
Members of the U.S. House and Senate return from their week-long holiday recess tomorrow (Tuesday), and below are the Congressional activities currently scheduled for the shortened work week that relate to Mississippi River Basin water resources.
Expect the full House to restart its floor consideration of H.R. 2822 - the fiscal year 2016 Department of the Interior, Environment, and Related Agencies Appropriations Act. The bill would cut funding for U.S. EPA programs by about nine percent, and contains riders blocking key Obama administration climate change and clean water policy, while putting a halt to endangered and threatened species listings. Debate on the measure began on June 25, before Congress adjourned. Final consideration of the spending bill will include debate on some of its more contentious issues (such as its language blocking implementation of the administration's new Clean Water Act jurisdiction rule). Thus far Democrats have not offered any amendments to strip the more controversial policy riders from the bill, although the House leadership has put members on notice to offer amendments by Tuesday. In addition to that spending bill, the House is scheduled to consider a bill this week to "expedite under the National Environmental Policy Act and improve forest management activities in . . . the National Forest System" - "H.R.2647 - Resilient Federal Forests Act of 2015."
Links are provided below to the respective committee hearing web pages. Many Congressional proceedings are webcast live, and these may be, as well (follow the respective meeting link). All times are Eastern. This page will be updated as warranted.
Tuesday
Senate Commerce, Science and Transportation Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security hearing entitled “Technologies Transforming Transportation: Is the Government Keeping Up?” (including testimony and discussion on how technology integrates with ports to impact safety, efficiency, and reliability); 10:00 AM, room 253 Senate Russell Office Building.
House Homeland Security Subcommittee on Oversight and Management Efficiency hearing "Examining DHS’s Misplaced Focus on Climate Change;" 10:00 AM, room 311 Cannon House Office Building. The hearing will "examine the Department of Homeland Security’s rhetoric, role, and budget regarding climate change."
House Small Business Committee hearing on "the Calm Before the Storm: Oversight of SBA's Disaster Loan Program;" 11:00 AM, room 2360 Rayburn House Office Building.
Thursday
House Science, Space and Technology Committee hearing "Examining EPA’s Regulatory Overreach;" 10:00 AM, room 2318 Rayburn House Office Building.
WOTUS - The SecondThirdFourth . . . Next Chapter
The U.S. Environmental Protection Agency and Army Corps of Engineers officially published the
final Clean Water Act jurisdiction rule (a/k/a “Waters of the United States” or "WOTUS" rule) in the Federal Register on Monday (June 29). The Administration maintained a fairly low profile on the controversial issue on Monday and waited until Congress was out of session (and lawmakers out of town) to officially publish the rule. The rule is now set to become effective on August 28. Beyond the predictable rhetoric, the impending effective date will spur both legal and legislative challenges seeking to block its implementation. As if on cue, on Monday, three separate lawsuits were filed in three U.S. District Courts by attorneys general from 18 states to stop the new rule. On Tuesday, nine more states sued to stop the water rule, bringing the total to 27. We've summarized these latest developments, along with a few of the more likely future scenarios here.
Next Week
Next Tuesday, members of the U.S. House and Senate return from their week-long holiday recess, and we should see House members renew their floor debate over the fiscal year 2016 spending bill funding the Department of the Interior and Environmental Protection Agency (EPA). The bill would cut funding for EPA programs by about nine percent, and contains riders blocking key Obama administration climate change and clean water policy, and putting a halt to endangered and threatened species listings. You can follow this link for a preview of that floor action, as well as a listing of Congressional committee activities currently scheduled for next week related to the Mississippi River Basin's water resources.
Noteworthy @UpperMiss Twitter Postings for the Week
Water Quality -
EPA issues final 2015 updated national recommended water quality criteria for human health
Minnesota Pollution Control Agency news release: "Blue-green algae: If in doubt, stay out" http://ow.ly/P2IqB
North Dakota Department of Health "dropped ball" on years-long Ransom and Cass counties' arsenic-contaminated groundwater case http://ow.ly/P2QAE
Waters of the United States
USEPA and Army Corps of Engineers officially publish the final Clean Water Act jurisdiction rule - becomes effective on August 28 http://ow.ly/OVvpw (related Agri Pulse article: http://ow.ly/OVxkR)
Congressional Budget Office: Senate bill aimed at killing Obama administration's clean water rule would cost $5 million over next five years http://ow.ly/P4ZI5
Texas, Louisiana and Mississippi sue Obama administration in federal court to stop new clean water regulation (WOTUS) http://ow.ly/OWSpN (see complaint and request for review here: http://ow.ly/OWWP4)
13 states file anti-WOTUS suit in U.S. District Court for the District of ND claiming rule violates Clean Water Act; story: http://ow.ly/P2bRF and link to complaint: http://static.ark.org/
Ohio and Michigan file suit to block Obama administration's clean water rule; Lawsuit: http://ow.ly/OYCcc and Ohio AG press release: http://ow.ly/OYCk4
Nine more states sue to stop the Obama administration water rule in U.S. District Court (on Tuesday); news story: http://ow.ly/P2cr0 and complaint: http://ow.ly/P2ca5
Op-ed by former Rep. Larry Combest (R-Texas): "The EPA's big land grab" http://ow.ly/OYOoQ
EPA releases its responses to about 1 million comments submitted on the proposed clean water rule (warning: it's over 7,000 pages long) http://1.usa.gov/1RN2ZUA
Four locks on the Mississippi River closed by the U.S. Army Corps of Engineers since Saturday due to flooding http://ow.ly/OWYSH
USGS study finds that water use in shale oil and gas wells in Ohio River Basin among highest in nation - study: http://ow.ly/P2L63 (related Ohio news: http://ow.ly/P2Kud) See map to right
The amount of water needed to cool U.S. power plants has dropped substantially http://ow.ly/P2MPL
USGS: High Plains aquifer in Great Plains, Mississippi Embayment aquifer in the lower Midwest unsustainably managed http://ow.ly/P56ZM
Agriculture -
Des Moines Register: Iowa farmers reeling from rainfall http://ow.ly/OVwz5
Photo: Bryon Houlgrave/The Register
Heavy rains and flooding reduce Indiana's corn and soybean crop by nearly $300 million http://ow.ly/OVNh7
Midwest flooding continues threatening soybeans and corn http://ow.ly/OYO5J
Minnesota's multi-billion-dollar food industry is trying to cope with major shifts in consumer attitudes, other stresses http://ow.ly/OVzs8
Scientific model suggests a society collapse in less than three decades due to catastrophic food shortages, absent policy change http://ow.ly/OVLnP
Introducing the wireless farm: When your cow's eating patterns suddenly shift or your crops are ready to harvest, you'll know it in the "Internet of Things" world http://ow.ly/OWaZN
USDA reports show top states for Federal local food system investments include Kentucky, Wisconsin, Mississippi http://ow.ly/P2d3L
In St. Louis, an urban farmer uses a rooftop and food to spur renewal http://ow.ly/P2OIW
AGree report calls for food and agriculture research reform http://ow.ly/P2TuR
USDA: 88.9 million acres of corn planted in 2015, a 1.7 million acre drop from 2014; soybean acreage up 2 percent http://ow.ly/P2Xme
Click to enlarge (Source: NOAA)
Climate and Weather -
US drought update: continued improvements over Kentucky, Indiana, Ohio, and Minnesota; no changes in Great Plains http://ow.ly/wmTdv
NOAA Climate Prediction Center monthly drought outlook (for July): expect west-central Montana drought development and drought removal across the Plains, and upper Ohio and Tennessee Valleys http://ow.ly/q3yAx (see map to right)
This June was officially the wettest in Illinois history http://ow.ly/P2YnY
"HydroClim Minnesota" summary of June/July climate and resulting/predicted water resources impacts http://ow.ly/P3d1J
Biodiversity, Wildlife and Invasives -
Multi-agency Asian carp strategy (2015 Asian Carp Control Strategy Framework) includes possible new lock and dam at junction of Mississippi River and Lake Michigan watersheds http://ow.ly/P50pC
South Dakota Game, Fish and Parks discovers invasive rusty crayfish in state waters; threatening native crayfish http://ow.ly/OVOyC
Western Governors' Association's new Chairman: priority for year ahead will be "wildlife management" - "Habitat conservation, recovery of species, making the law better" http://ow.ly/OVRaN (includes CO, KS, MT, ND, OK, SD, WY in the Mississippi River Basin)
Population of federally-threatened Lesser Prairie Chicken in southern Great Plains grew by about 25 percent over the past year http://ow.ly/OW3z2
Officials consider closing a popular Montana bison hunting area in effort to encourage animals to roam more widely http://ow.ly/OWXEr
Apparent long-term decline in Minnesota's yellow perch populations has state officials concerned http://ow.ly/P2PVs
U.S. Fish and Wildlife Service set to 21 species for reclassification under the Endangered Species Act, including Illinois Chorus Frog and Blanding's turtle http://ow.ly/P2XI8 (also see: Minnesota turtle may get federal endangered status http://ow.ly/P507G)
In the Cities -
New PBS documentary exposes human toll of oil boom-bust cycle in Williston, North Dakota
Chattanooga, Tennessee to require verification of infiltration rates for newly constructed stormwater management structures http://ow.ly/P2eAJ
Tulsa, Oklahoma is a leader in storm-water management and resilient floodplain design in the United States http://ow.ly/P2fhI
Pittsburgh residents turn increasingly to rain barrels to deal with excessive rain and runoff http://ow.ly/P2gaA
LaBelle, Pennsylvania-an old coal town on the Monongahela River-struggles with 360-acre coal waste legacy http://ow.ly/OVCap
Sunken city or surging metropolis? 9 visions for the future of New Orleanshttp://ow.ly/P4Y6n
Clarksdale, Mississippi and Helena-West Helena, Arkansas become Mississippi River Delta "sister" cities http://ow.ly/P55EL
In the States-
Compromise on ditch buffer initiative becomes Minnesota state law http://ow.ly/OVWwO
Mississippi River Basin States' News
Illinois EPA Launches Online Tool Provides Public Access to Highly Sought Agency Records http://ow.ly/P4YM4
Illinois Governor Bruce Rauner vetoes 19 budget bills that he said would create a nearly $4 billion deficit http://ow.ly/OWij3
Illinois Gov. Rauner and statehouse Democrats far apart as ‘mess’ of shutdown looms; stopgap extension eyed http://ow.ly/P2Fgb (also see: Budget Stalemate Cripples Illinois Government http://ow.ly/P2HM6)
Illinois is not the only Mississippi River Basin state struggling to pass a state budget - Pennsylvania and Wisconsin are too http://ow.ly/P4XaN
Iowa state politics cited as case study for "why it's hard to see progress in state governments' environmental efforts" http://ow.ly/P2HiC
With July 1 deadline looming, Pennsylvania House passes GOP-created budget proposal to the dismay of Democrats http://ow.ly/OVA2z (Democratic summary shows it's a mixed bag of cuts and increases for environmental and agriculture programs: http://ow.ly/OVAGM)
Proposed Pennsylvania Senate bill invalidates DEP regulations proposed to ensure conventional oil and gas wells protect the environment and makes agency restart the proposal process http://ow.ly/P28EO (more: see NPR analysis of bill here http://ow.ly/P29if)
South Dakota Board of Water and Natural Resources approves $23.7 million for water and waste infrastructure projects http://ow.ly/OVPhF
Gulf Coastal Region-
BP agrees to settle with Gulf Coast states and federal government for up to $18.7 billion in environmental, state damages from 2010 Deepwater Horizon oil spill http://ow.ly/P5ttr
U.S. Supreme Court will not hear BP and Anadarko appeals over potential federal fines for their 2010 Gulf of Mexico oil spill roles http://ow.ly/P2RPd
Forestry -
Senate bill introduced to "expedite and prioritize forest management activities to achieve ecosystem restoration" http://ow.ly/OVPUQ and borrowing significant NEPA review-streamlining language from H.R. 2647 http://ow.ly/OVQ9K
Resource Development -
Senators urge USDA, EPA and DOE to uniformly recognize and support biomass energy as sustainable and significant http://ow.ly/P54SJ
RFS: Hundreds turn out in opposition, including appeals from two Midwest governors, of proposed plans to reduce biofuel standards in the U.S. gasoline supply http://ow.ly/OQ2Aa
Federal Budget (You can follow the status of all of the fiscal year 2016 appropriation bills on this Congress.gov web page)
House Republican Leader McCarthy outlines July House legislative agenda; at least some appropriations bills expected to move http://ow.ly/P59m3
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)
TODAY: Wisconsin DNR and DHS experts will answer questions about algal blooms live on-line on Thursday, July 2 at noon CT http://ow.ly/P24WN
Webinar: Advances in Water Quality Trading as a Flexible Compliance Tool
The Omaha Green Infrastructure Tour: Stormwater Management’s Shifting Paradigm, July 9, 9:00 AM-3:30 PM CT http://ow.ly/P2gxL
EPA Extreme Events and Climate Adaptation Planning Workshop, July 14-15, Des Moines, Iowa http://ow.ly/P3gJW
Minnesota River Congress' fourth Congress: July 23, Turner Hall, New Ulm, MN http://ow.ly/OVVpw
Association of State Floodplain Managers and MN DNR are offering free 4 day training on floodplain management; July 27-30, Minneapolis http://ow.ly/OWlFY
Webinar: Climate Change Adaptation and Resilience, July 30, 2 PM ET http://ow.ly/P2UlG
National Research Council meeting: Effective Approaches for Monitoring and Assessing Gulf of Mexico Restoration Activities; August 24-26, New Orleans http://ow.ly/P3fex (project information: http://ow.ly/P3g2M)
Association of State Floodplain Managers June 2015 "News and Views" http://ow.ly/P285k
Gulf Restoration Network's July 1 GulfWaves e-newsletter: "Dead Zone, the Pope and a Dam Victory" http://ow.ly/P39qD
Other news-
EPA issues clarification on effective dates for new rules governing power plant combustion waste (coal ash); story: http://ow.ly/P3alg (here is the Federal Register clarification: http://ow.ly/P524f)
Farmers and activists continue the fight against a proposed 23,000-acre coal mine in central Illinois http://ow.ly/P2JSo
Missouri River Water Trail website provides information to explore the River http://ow.ly/OW0Uq
Poll: slight majority of Americans prefer living in a single-family house in the suburbs or a rural area even if it means long commutes; Significant minority would choose living in an urban area, with a short drive to work or opportunity to use public transportation, bike or walk http://ow.ly/OWdm1
Like Lake Calhoun, other bodies of water in Minnesota have drawn efforts to change their names http://ow.ly/OYMCg
McKnight Foundation awards $865,000 to six groups working to reduce agricultural pollution in four Upper Mississippi River states http://ow.ly/P25Yf
Politics and People-
Jack Sullivan, Wisconsin Department of Natural Resources science bureau director, will resign after his office is targeted for severe budget cuts http://ow.ly/OW4Iq
Pat Murphy (D-Iowa) planning a new bid for the Iowa U.S. House seat he lost to Republican Rod Blum in 2014 http://ow.ly/P22Jy
