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As a result of the decision, the rule is no longer in effect anywhere in the U.S. The stay in the rule's implementation will last until the court determines if the Clean Water Act gives it authority over the rule or if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

• 6th U.S. Circuit Court of Appeals in Cincinnati halts new Waters of the United States rule nationwide http://ow.ly/TdyIV (link to court ruling: http://ow.ly/Te64q)
• Appeals court freezes WOTUS rule in blow to Obama administration http://ow.ly/Te4aX
• US Judicial Panel on Multidistrict Litigation decides against consolidating WOTUS cases; news article: http://ow.ly/Tm0RJ and ruling: http://ow.ly/d/3QQ0
• Department of Justice asks U.S. District Court for the District of North Dakota to halt WOTUS proceedings until jurisdiction issue is resolved; news article: http://ow.ly/TqM0n (DOJ filing: http://ow.ly/TqLRl)

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) -

• Congressional Budget Office: Debt limit must be raised in next 30 days http://ow.ly/TqJrU
• House Speaker Boehner looking to move debt-ceiling bill soon http://ow.ly/TqJyY

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").

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, Minnesota) http://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  -

• Tulane Institute on Water Resources Law and Policy October 6 TUWaterWays e-newsletter http://ow.ly/T70rQ
• Green Lands Blue Waters October 6 update http://ow.ly/T70DC
• News from Pennsylvania Resources Council - October 2015 http://ow.ly/T71Xj
• Montana Watershed Coordination Council October 8 Watershed News http://ow.ly/TaK8W
• Resources for the Future's Fall 2015 Resources e-magazine http://ow.ly/TbdFB

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 - 

Capitol Hill This Week - What to Watch For

On Thursday, October 8, House Republicans will pick Speaker John Boehner's successor to run the chamber and are also expected to select a new slate of leaders to help the new Speaker do his or her job.  That political drama will consume much of the House members' collective energy and attention this week, leaving little for bill markups and debates, or hearings.  The Senate's calendar is relatively sparse, as well.  Both chambers may be looking beyond this week toward the Columbus Day week's recess to follow.

Below are the congressional committee meetings currently scheduled for the week that relate to Mississippi River Basin natural resources.  The only currently-planned meetings include wildfire and invasive species hearings, and a Senate Committee business meeting to consider (among other items) a handful of regulatory reform bills that were the subject of a Committee hearing last month, and by and large have bipartisan support.

Links are provided to the relevant committee web pages and 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.

Wednesday

• Senate Homeland Security and Government Oversight business meeting to consider several pieces of legislation, including the following regulatory reform bills: S. 708, to establish an independent advisory committee to review certain regulations, S. 1607, to affirm the authority of the President to require independent regulatory agencies to comply with regulatory analysis requirements applicable to executive agencies, S. 1818, the "Principled Rulemaking Act of 2015," to reform the rule making process of agencies, S. 1820, to require agencies to publish an advance notice of proposed rule making for major rules, and S. 1817, to improve the effectiveness of major rules in accomplishing their regulatory objectives by promoting retrospective review; 10:00 AM, room 342 Dirksen Senate Office Building.

Thursday

• House Agriculture Subcommittee on Conservation and Forestry hearing to review the 2015 fire season and long-term trends; 10:00 AM, room 1302 Longworth House Office Building.

Friday

• POSTPONED - House Oversight and Government Reform Subcommittee on Interior hearing on invasive species policy (details will be forthcoming later this week); 9:00 AM, room 2247 Rayburn House Office Building.

What We Learned This Week - "Southern Comfort"

A large toxic blue-green algal bloom on the Ohio River persisted, prompting event cancellations, and a health warning from the state of Illinois. There were pointed accusations and rebuttals during a Senate subcommittee hearing on the Waters of the U.S. rule. The U.S. EPA finalized a rule revision that governs toxic metal wastewater discharges from Steam Electric Power Generating plants. That rule may move some coal-fired power plant operators to close their ash disposal and storage ponds. Minnesota released updated watershed health report cards for each of the state's major watersheds. Missouri proposed its 2016 list of impaired surface waters, while Kentucky is years overdue on coming up with a plan to deal with its polluted waters. A District Court ruling on the U.S. EPA's livestock data rule marked a defeat for environmental groups' information transparency aspirations. A U.S. House subcommittee reviewed research innovations by the nation's agricultural colleges and universities - and coincidentally - the University of Kentucky began constructing a new stall-less barn designed to maximize cow comfort. The U.S. Fish and Wildlife Service moved to protect several Mississippi River Basin species, including the massasauga rattlesnake, and the Dakota skipper and Poweshiek skipperling butterflies. The agency also officially announced that the greater sage grouse will not be called "endangered" or "threatened." Speaking of endangered, Memphis,Tennessee's mayor, A C Wharton, heads into next Thursday's election as perhaps the "most endangered" incumbent big city mayor in the country. Pennsylvania Governor Tom Wolf vetoed a Republican stopgap state budget and called on Republican leaders to get serious. Land-side U.S. oil production sites spilled 716,844 barrels of oil, produced water and other material in at least 9,728 incidents in 2014. The popular Land and Water Conservation Fund wasn't popular enough to reauthorize. Wisconsin residents found out that they don't need to remove concrete deer from their yards after all. And last but not least, it's "Zombie Preparedness Month" in Kansas.

Mississippi River Basin Water Resource Weekly News

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

Intriguing Upper Mississippi River Economic Profile Points Toward Future Study Opportunities

Preliminary results of a 2015 Upper Mississippi River Economic Profile were unveiled on September 15 during the Mississippi River Cities and Towns Initiative’s annual organizational meeting in Dubuque, Iowa.   Those results indicate that nine "river-related" economic sectors in 60 River-bordering counties generate over $253 billion in revenue annually, and sustain over 755,000 jobs; findings not unlike those of a related, 1999 Economic Profile of the Upper Mississippi River Region.  The 2015 Upper River profile and its 1999 predecessor provide the reader with a wealth of intriguing economic information.  And while they were limited in scope from a variety of perspectives, the profiles lay the foundation for future analyses that might be broader in nature: more geographically inclusive, evaluating a potential causal link between the River and the region's economic strength, and exploring the economic benefits provided by the River ecosystem to the people living in the region (i.e., ecosystem services).  To read more on the preliminary Economic Profile and future study opportunities, see this review.

This Week . . .

H.R. 719 - a stop-gap federal government spending measure ("CR" or "continuing resolution") - went from bill to law in under 24 hours on Wednesday, ending government shutdown fears, as both the House and Senate passed, and the President signed the measure. The funding treasure chest is now open through December 11.  By then congressional leaders and the White House hope to reach agreement on what government spending will look like through the remainder of the current, 2016 fiscal year (and possibly through the 2017 fiscal year - thereby avoiding fiscal cliff drama during the peak of the 2016 federal election).  In order to stay within the total spending ("sequestration") limit set by the  Budget Control Act of 2011, the CR contains an across-the-board reduction of 0.2108 percent.  The Senate Budget Committee notes that the CR contains language altering certain authorities for several federal agencies (described by the Committee here), including a newly created $700 million account to fight wildfires in Western states (to become available only "if funds previously provided for wildland fire suppression will be exhausted imminently").

The Waters of the United States rule continued to be the focus of court and congressional hearings this week. The U.S. Environmental Protection Agency and Army Corps of Engineers made their case at a Thursday hearing to convince judges on the United States Judicial Panel on Multidistrict Litigation to treat as a single unit the many lawsuits challenging the administration's new Clean Water rule. And Assistant Secretary of the Army for Civil Works, Jo-Ellen Darcy defended the Army Corps' decisions during the development of the rule before a Senate subcommittee.

And as September turned into October, authority to collect revenue for one of the nation's most popular conservation programs expired.  The Land and Water Conservation Fund (LWCF) had been funded annually by revenues from offshore oil and gas development, and over the years accumulated a balance of about $20 billion. Congressional appropriators will still be able to draw upon that surplus until it is depleted, and the program will continue to be funded under the continuing resolution approved Wednesday to the tune of $300 million a year.  But the end to LWCF authority means that oil and gas companies have stopped paying into the Fund. The LWCF supports the protection of federal public lands and waters and voluntary conservation on private land. Largely bipartisan efforts to reauthorized the program will undoubtedly continue, although some some House Republicans hope to overhaul the LWCF before passing any extension.

If you prefer your weekly news in more bite-sized portions, you can get the one-paragraph version here: "What We Learned This Week - 'Southern Comfort'."

. . . and Next
On October 8, House Republicans will pick Speaker John Boehner's successor to run the chamber and are also expected to select a new slate of leaders to help the new Speaker do his or her job. Not much  is on the Congressional agenda as of now that relates to the Mississippi River Basin's natural resources. Currently-planned meetings include a wildfire hearing and a business meeting to consider (among other items) a handful of regulatory reform bills.  As other activities are scheduled, they will be posted here.

Noteworthy @UpperMiss Twitter Postings for the Week  

Water Quality -

• New York Times: Toxic Algae Outbreak Overwhelms a Polluted Ohio River http://ow.ly/SSYge
• Illinois urges precaution over potential for exposure to toxins in Ohio River from harmful algal bloom http://ow.ly/SN8Gw
• Assistant Secretary of the Army for Civil Works Jo-Ellen Darcy defends decisions on Waters of the U.S. rule before Senate subcommittee http://ow.ly/SR77d
• An injunction in the Des Moines Water Works lawsuit won’t hurt farmers, here’s why not
  
  http://ow.ly/SNen2
• EPA finalizes rule revising regulations governing toxic metal wastewater discharges from Steam Electric Power Generating plants; story: http://ow.ly/ST0Hd and EPA web page: http://ow.ly/SQXfc (related story below)
• New U.S. EPA wastewater discharge rules could move coal-fired power plants to close ash ponds across the country http://ow.ly/ST9Ko
• New USGS Field and Lab Guide to Freshwater Cyanobacteria http://ow.ly/SNCBZ
• Studies identify high levels of bacteria and phosphorus in Valley Branch watershed water bodies (Minnesota) http://ow.ly/SK8Z5
• Updated watershed health report cards are now available for each of Minnesota's 81 major watersheds http://ow.ly/SUiRs
• U.S. cities and water-consuming public bearing rising cost of keeping water safe to drink http://ow.ly/SK9CB
• Southern Illinois water systems in need of help to address future needs that will cost millions of dollars http://ow.ly/SKblm
• Mississippi Delta growers prepare for anticipated runoff regulations by enacting a "proactive water conservation" approach http://ow.ly/SKcW5
• U.S. EPA continues to review aspects of West Virginia's Clean Water Act regulatory program oversight http://ow.ly/SKBZS
• Illinois environmentalists plan to continue litigation efforts to force Interior Department's OSMRE to take over state's strip-mine program http://ow.ly/SKCnQ
• Minnesota Legislative-Citizen Commission on Minnesota Resources meets this week to discuss freshwater resources, algal blooms, climate http://ow.ly/SKYTQ
• New Minnesota cropland buffers to be 'case by case, ditch by ditch' http://ow.ly/SQMpB
• Kentucky years late on statewide nutrient water pollution management plan http://ow.ly/SU7EQ
• Missouri Department of Natural Resources publishes draft 2016 303(d) List of impaired surface waters; DNR background website: http://ow.ly/SUakj and list: http://ow.ly/SUagP

Water Resource Management (Floodplains, Dams, Navigation, Wetlands, Flooding, Supplies, etc.) -

• Indiana's drinking water infrastructure upgrade needs-a look at their costs and how much

  

  Photo: WDNR

  federal aid is available http://ow.ly/SKrrK
• Tennessee has highest percentage nationally of unspent money from federal program used to improve local drinking water systems (Drinking Water State Revolving Fund) http://ow.ly/SNkrY
• Wisconsin DNR: Brook trout found within reclaimed cranberry marsh and Beaver Brook flowage demonstrate habitat restoration success http://ow.ly/SQeXo
• League of Women Voters: Army Corps draft environmental impact statement for proposed Northern Integrated Supply Project/Glade Reservoir project insufficient (South Platte River watershed) http://ow.ly/SU9ja
• Army Corps decides to decrease release of water from the Garrison Dam to the frustration of Missouri River users http://ow.ly/SU6st
• High water changes Platte River landscape; has "mixed impacts on the ecosystem and wildlife habitat" http://ow.ly/SVUxS

Agriculture -

• U.S. District Court ruling on EPA livestock data rule marks a defeat for environmental groups http://ow.ly/SRcpb (court opinion: http://ow.ly/SRb4d)
• El Niño weather phenomenon is causing havoc for US rice farmers in the Mississippi Delta –

  

  Photo: Brian Peterson / Star Tribune

  Arkansas, Mississippi and Louisiana – and Texas http://ow.ly/SKc7D
• University of Kentucky Coldstream Dairy Research Farm breaks ground on new stall-less barn designed to maximize cow comfort http://ow.ly/SKxfz
• House Agriculture Subcommittee reviews research innovations achieved by the nation's agricultural colleges and universities http://ow.ly/SO7EC
• WPR: Majority of new farmers in Wisconsin are first-generation, state finds http://ow.ly/SQKiU

Climate and Weather -

• Study: Short winters driven by climate change threaten temperate fish populations http://ow.ly/SQL5w
• US weekly drought update: pronounced dryness in parts of Oklahoma; expansion of Abnormal Dryness in eastern North Dakota, northwestern Minnesota, southeastern Wyoming, northwestern Nebraska http://ow.ly/wmTdv
• NOAA Climate Prediction Center drought outlook for October: except in southern Wisconsin most of the central U.S. should see at least some drought improvement http://ow.ly/SQXLJ

Photo: John Weiss | AP

Biodiversity, Wildlife and Invasives -

• The Licking River (Kentucky): A healthy sign as endangered fanshell and other mussels thrive http://ow.ly/SNnCo
• Eleven genetically rare bison released into Minneopa State Park near Mankato, Minnesota in effort to expand herd http://ow.ly/SKiUe
• Houston, Minnesota, along the Root River, is home to the International Owl Center http://ow.ly/SKkdT
• Los Angeles Times editorial: The greater sage grouse and the lesser prairie chicken: let science decide http://ow.ly/SKqWt
• National Fish and Wildlife Foundation allocating $3.3 million in 22 grants to save the monarch butterfly http://ow.ly/SN9jH
• At Senate Environment and Public Works subcommittee briefing on Endangered Species Act reform, Republicans claim bipartisan support - while no Democrats attend http://ow.ly/SQ0zA
• US Fish and Wildlife Service proposes to list eastern massasauga rattlesnake as threatened under the Endangered Species Act (range includes parts of Pennsylvania, Ohio, Indiana, Illinois, Wisconsin, Minnesota, Missouri, Iowa) http://ow.ly/SQ3M9
• Interior Department seeks nominations for new members to its Invasive Species Advisory Committee (deadline November 30) http://ow.ly/SQ4DR
• US Fish and Wildlife Service designates critical Midwest and Plains habitats for the Dakota skipper and Poweshiek skipperling butterflies; Federal Register: http://ow.ly/ST1pK (also see this news story: http://ow.ly/SVM7t)
• Fish and Wildlife Service makes it official: Greater Sage-grouse will not be Endangered and Threatened http://ow.ly/SVR1S (Federal Register)

In the Cities -

Courtesy of city of St. Paul

• Mississippi River Cities and Towns Initiative Annual Meeting, September 16 press conference video archived here: https://youtu.be/rj9Gt32lsVA
• Mississippi River Cities and Towns Initiative mayors prepare for Paris UN climate change summit http://ow.ly/SU7eJ
  St. Paul contest to promote neighborhoods along Metro Transit's Green Line light-rail corridor announces award recipients http://ow.ly/SU842
• Pioneer Press editorial: St. Paul: A mighty view of a mighty river - the opportunity of the new century http://ow.ly/SKpNM

In the States-

• Pennsylvania Gov. Tom Wolf vetoes Republican stopgap state budget; calls on Republican leadership to get serious http://ow.ly/SO69C
• Final Wisconsin DNR Surface Water Grants Program Materials now available on Proposed DNR Program Guidance Web page http://ow.ly/SO7h6
• South Dakota Gov. Dennis Daugaard: "state agencies are doing what we can to fight burdensome federal regulations" http://ow.ly/SKzvO
• Alabama Gov. Robert Bentley considers additional cuts to state services funded through General Fund budget following already-deep Department of Environmental Management cuts, despite legislative language forbidding it http://ow.ly/SQJyt

Gulf Coastal Region-

• October 21 date set for final Louisiana Coastal Protection and Restoration Authority decision on construction of river diversion http://ow.ly/SSYHv
• The Advocate editorial: Louisiana needs to save the beauty that changed how Audubon saw nature http://ow.ly/SKugV
• Louisiana coastal protection authority to present recommendations next month about where Mississippi River sediment diversions should be created to build up coastal marsh land http://ow.ly/SN7tO

Forestry -

• State and tribal witnesses tell House Natural Resources Committee that US Forest System timber policy is flawed http://ow.ly/SQ1bu

Click to enlarge

Resource Development -

• Onshore U.S. oil production sites spilled 716,844 barrels of oil, produced water and other material in at least 9,728 incidents in 2014 http://ow.ly/SNm2Q
• South Dakota regulators start a two-week hearing on whether to allow Dakota Access Pipeline through the state http://ow.ly/SNmLp
• Oil bust: In North Dakota, oil is staying in the ground, workers are headed home and brand-new houses are sitting empty http://ow.ly/SQ5Ws
• Keystone XL pipeline developer will withdraw lawsuits seeking to gain access to Nebraska private properties, opting to go through the state regulatory commission http://ow.ly/SQ9ph
• South Dakota Public Utilities Commission begins oil pipeline hearings; environmental study may be condition of construction http://ow.ly/SQaso
• Federal court ruling rejects NWF and Sierra Club challenge that oil pipeline from Illinois to Oklahoma needed a full National Environmental Policy Act review http://ow.ly/SQg26
• Brainerd Dispatch op-ed: Minnesota Governor Dayton's Sandpiper pipeline comments lack common sense foresight http://ow.ly/SQgvB
• Federal judge: Obama administration does not have authority to regulate hydraulic fracturing on public lands http://ow.ly/SSZkM
• There’s turmoil in the coal market and Inland Waterways barge operators are feeling the heat http://ow.ly/SVP45

Federal Budget (You can follow the status of all of the fiscal year 2016 appropriation bills on this Congress.gov web page) -

• Senate Majority Leader Mitch McConnell: high-level budget talks between congressional leaders and the White House to start “very soon” http://ow.ly/SQ2PK
• Glide path to avoiding a shutdown this week sets up an even bigger clash in December http://ow.ly/SKhqL
• Treasury Secretary Jack Lew: Congress will need to address the debt limit by Nov. 5 or risk default on nation’s debt http://ow.ly/SVItl

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)

• Wisconsin Water Quality Standards Workgroup October 5 meeting to focus on proposed numeric nutrient criteria for lakes scheduled for the upcoming water quality standards review http://ow.ly/SRd6u
• The State of Wisconsin's Forests with ecologist David Mladenoff, Madison, WI, October 8, 7–8:30 pm http://ow.ly/SUbAT
• Missouri Coalition for the Environment 46th Environmental Achievement Awards and Grassroots Gala, October 23, St. Louis, Missouri http://ow.ly/STVcz
• Midwest Environmental Compliance Conference, October 29-30, Marriott Chicago O'Hare http://ow.ly/STxgN
• Save the Date-24th North American Prairie Conference; From Cemetery Prairies to National Tallgrass Prairie, July 17-20, 2016,  Illinois State University (Normal, Illinois) http://ow.ly/SThnq

e-Newsletters, Publications, Journals, Multimedia  -

• Tulane Institute on Water Resources Law and Policy, September 29 TUWaterWays e-newsletter http://ow.ly/SQcre
• Minnesota Pollution Control Agency's Watershed Connections - September 2015 http://ow.ly/SQN20
• September 2015 Great Rivers Partnership e-newsletter http://ow.ly/SRdzW
• The Horinko Group's Third Quarter 2015 Sustainabulletin http://ow.ly/STwyw
• Minnesota Pollution Control Agency Basin Alliance for the Lower Mississippi in Minnesota October "Currents" e-newsletter http://ow.ly/SVZtj

Other news-

• Land and Water Conservation Fund authority lapses; efforts to reauthorize the popular program will continue http://ow.ly/SSXuB (related stories below)
• Land and Water Conservation Fund supporters mount last-minute push to expedite an extension http://ow.ly/SR7AA
• National Governors Association urges congressional leaders to reauthorize the Land and Water Conservation Fund http://ow.ly/SQdc1
• House passes RAPID Act "to streamline the regulatory review, environmental decision making and permitting process" on largely party line 233-170 vote http://ow.ly/SKGjT
• United Nations member states agree on new set of sustainable development goals; 2030 agenda
  
  includes 17 goals, based on 169 targets http://ow.ly/SQ1UC
• National Parks Conservation Association files federal lawsuit challenging gravel pit approval near near 'cradle of conservation' in North Dakota http://ow.ly/SRacH (complaint: http://ow.ly/SRafV)
• Augsburg College classroom on the Mississippi River http://ow.ly/SUcLX h/t @RiverLifeUMN
• Wisconsin River Trail Organization receives $200,000 Wisconsin DNR grant for trail construction http://ow.ly/SU9J0
• Mississippi River Fund changes name to Mississippi Park Connection to better reflect people-River connecting mission http://ow.ly/SVK0Y

Politics and People-

• Directors of Illinois Department of Agriculture, Illinois State Fair step down under politically-charged circumstances http://ow.ly/SKdfq
• Memphis,Tennessee's A C Wharton heads into an October 8 election as perhaps the most endangered incumbent big city mayor in the country http://ow.ly/ST4vJ
• Justice Department attorney Steve Samuels faces his biggest challenge defending the Obama administration's controversial Waters of the U.S. rule http://ow.ly/SR6IT
• Amidst ethics probe, U.S. Rep. Ed Whitfield (R-KY-1) announces that he will not seek re-election to a 12th term http://ow.ly/SQbsj
• Kentucky's Republican Agriculture Commissioner James Comer will run for U.S. Congress in Kentucky's 1st District http://ow.ly/SQNEP
• Newly elected Rep. Darin LaHood (R-Ill.) appointed to two House committees that oversee environmental and science policy http://ow.ly/SKBf0
• The speculation begins: Who will win John Boehner’s Cincinnati-area House seat? http://ow.ly/SKt5n

Your Moment of Zen - 

Pearl Damour and Stewart Hall, How to Build a Forest. New Orleans’s Contemporary Arts Center. Image via Instagram.