Back To The Supreme Court On Asian Carp Issue

Oct 26: Michigan Attorney General Bill Schuette announced he has filed a request for appeal with the United State Supreme Court to review a U.S. Court of Appeals decision that denied the request of five Great Lakes states for an immediate injunction requiring a U.S. Army Corps of Engineers study on ecological separation to be greatly sped up and the installation of nets to stop the advancement of Asian carp toward Lake Michigan. Michigan, Minnesota, Ohio, Pennsylvania and Wisconsin originally filed the suit in July 2010 against the U.S. Army Corps of Engineers and Chicago Water District in Federal court. Schuette said, "We need to close the Asian carp superhighway, and do it now. Time is running out for the Great Lakes, and we can't afford to wait years before the federal government takes meaningful action."

    On August 24, 2011, the U.S. Court of Appeals for the 7th Circuit in Chicago issued a ruling on the preliminary injunction request concluding that Michigan's lawsuit had "a good or even substantial likelihood of success on the merits of their public nuisance claim." [See WIMS 9/6/11]. Despite the recognition of the real threat posed by Asian carp, the Court denied the states' request. The states then decided to appeal. Schuette's office today submitted a Petition for a Writ of Certiorari also signed by the attorneys general of Minnesota, Ohio, Pennsylvania, and Wisconsin. The petition asks the U.S. Supreme Court to overturn the 7th Circuit decision and order the following:

• Require the U.S. Army Corps of Engineers to install block nets in the Little Calumet and Grand Calumet rivers, two open pathways between the Mississippi River and Great Lakes basins that are vulnerable to Asian carp invasion; and
• Require the U.S. Army Corps of Engineers to expedite the completion of its study of permanent ecological separation between the Great Lakes and Mississippi River basins, so that the part of the study focused on the Chicago Area Waterway is completed within 18 months, not five years. 

    The filing with the Supreme Court poses two questions to be decided as follows: "This multi-sovereign dispute involves the imminent invasion of Asian carp into the Great Lakes ecosystem. Although the Seventh Circuit Court of Appeals concluded that catastrophic harm has a "good" or "perhaps even a substantial" likelihood of occurring, Pet. App. 4a–5a, it affirmed the district court's denial of even the plaintiffs' most modest requests for injunctive relief. The Seventh Circuit's opinion raises two questions for this Court's review: 1. Whether a request for multiple types of preliminary-injunctive relief requires a balancing of harms with respect to each form of relief requested[; and] 2. Whether a party's statement that it is 'considering' implementing the relief requested in a motion for injunction is a ground for denying the injunction."

   

    On April 26, 2010, The U.S. Supreme Court for the third time declined to address the debate between Great Lakes states on issues and actions necessary to control the spread of Asian Carp into the Lake Michigan and the other Great Lakes [See WIMS 4/26/10].

 

    Schuette noted a recent study commissioned by the U.S. Army Corps of Engineers and conducted by independent scientists at the Center for Aquatic Conservation at the University of Notre Dame identified the Chicago Waterway as a "major pathway" for the spread of invasive species, concluding that "the canal represents a potential highway to environmental havoc for many species that pose a high risk to both the Great Lake and the Mississippi basins."  

 

    In addition to his ongoing legal efforts to combat the threat of Asian carp, in September 2011, Schuette organized a national coalition of 17 attorneys general who urged Congress to act on a legislative solution to the threat posed by invasive species traveling through the Chicago Waterways. The coalition called on congressional leaders to support the Stop Asian Carp Act, introduced earlier this year by sponsors Representative Dave Camp (R-MI) (H.R.892) and Senator Debbie Stabenow (D-MI) (S.471).  

 

    Access a release from Attorney General Schuette (click here). Access the 32-page Petition for a Writ of Certiorari (click here). Access the complete opinion from the Seventh Circuit (click here). Access multiple postings on the Supreme Court's consideration of the Asian Carp issue on the WIMS Great Lakes Environment Blog(click here).

GET THE REST OF TODAY'S NEWS (click here)

Economic Study Of Great Lakes-St. Lawrence Seaway System

Oct 18:  October 18, the marine industry released the results of a year-long study of the economic impacts of the entire Great Lakes-St. Lawrence Seaway navigation system. According to a release, for the first time, the economic impacts have been measured for both the U.S. and Canada, at the same time, using the same methodology. The purpose of the report is to provide the navigation community, transportation planners, government policy makers and the general public with a realistic assessment of the contributions made by the Great Lakes-Seaway system to federal, state/provincial and local economies.

    The study found that maritime commerce supported 227,000 jobs; contributed $14.1 billion in annual personal income, $33.5 billion in business revenue, and $6.4 billion in local purchases; and added $4.6 billion to federal, state/provincial, and local tax revenues. North American farmers, steel producers, construction firms, food manufacturers, and power generators depend on the 164 million metric tons of essential raw materials and finished products that are moved annually on the system. Additionally, marine shipping saves companies approximately $3.6 billion per year in transportation costs compared to the next least-costly land-based alternative.

    The study was commissioned by members of the marine shipping industry, in partnership with U.S. and Canadian government agencies. Martin Associates of Lancaster, Pennsylvania, a global leader in transportation economic analysis and strategic planning, was retained to conduct the study. In order to ensure defensibility and accuracy, the study methodology and results of the analysis was peer reviewed by leading U.S. and Canadian economists in academia and the private sector.

The impacts of 2010 cargo movements were calculated at 32 U.S. and Canadian ports along the system. Chapter 1 lays out study methodology; Chapter 2 presents the system-wide impacts; Chapter 3 breaks down those economic impacts by vessel flag; Chapter 4 evaluates the data exclusively for commerce utilizing the St. Lawrence Seaway; Chapter 5 reveals the impact from the perspective of the New York ballast water regulations; and Chapter 6 presents information on related users along the system.

    Access a release on the study and link to an executive summary and the complete 98-page study (click here).

GET THE REST OF TODAY'S NEWS (click here)

Climate Change May Increase Great Lakes Water Levels

Oct 19: Previous studies of future climate change scenarios on the Great Lakes have pointed to falling water levels, but a new study by National Oceanic and Atmospheric Administration (NOAA) scientists at the Great Lakes Environmental Research Laboratory (GLERL) in Ann Arbor, gives a more optimistic outlook. Researchers have devised a new approach to modeling future water levels. Their work, now available online in the Journal of Great Lakes Research, predicts either a smaller drop or an actual rise in lake water levels under varying climate change scenarios. The impact of climate change on Great Lakes water levels is a critical question for the region's economy and environmental resources, as well as for one of the nation's key shipping corridors.

    Brent Lofgren, Ph.D., a GLERL scientist and lead author of the study said, "Even small drops in lake water levels create problems for shipping and navigation, hydroelectric energy production, and recreational boating. While there are still many unknowns about how climate change will unfold in the Great Lakes region, our results indicate less loss of water than earlier studies." The researchers used a different method than previous studies to account for how water evaporates into the atmosphere from the soil and plants in the drainage basin that surrounds the lakes, i.e. evapotranspiration. Earlier studies used air temperature alone to estimate this variable. The new GLERL study uses an "energy budget-based approach" to better reflect the balance between energy coming in from the sun and energy given off from the Earth, which drives evaporation.

    Access a release from NOAA and link to information on obtaining the article online (click here).

GET THE REST OF TODAY'S NEWS (click here)

Great Lakes Fish & Wildlife Restoration RFP

Oct 18: The U.S. Fish and Wildlife Service (FWS or Service) has issued request for proposal (RFP) from interested entities for restoration, research and Regional Project proposals for the restoration of the Great Lakes Basin fish and wildlife resources, as authorized under the Great Lakes Fish and Wildlife Restoration Act (16 USC 941c). The purpose of the Great Lakes Fish and Wildlife Restoration Act (GLFWRA) is to provide assistance to States, Indian Tribes, and other interested entities to encourage cooperative conservation, restoration and management of the fish and wildlife resources and their habitats in the Great Lakes Basin. Regional Projects are authorized activities of the Service related to fish and wildlife resource protection, restoration, maintenance, and enhancement impacting the resources of multiple States or Indian Tribes with fish and wildlife management authority in the Great Lakes Basin.

 

    The Service will be responsible for accomplishing Regional Projects on behalf of the State and/or Tribal agencies submitting the Regional Project proposal. Supported in part by President Obama's Great Lakes Restoration Initiative (GLRI), a total of $2 million will be available to support projects this fiscal year. Available funding and project awards are subject to final Congressional appropriations for Fiscal Year 2012. Up to 33% of the total Congressional appropriation to the GLFWRA is eligible to fund Regional Projects.

 

    Restoration and research projects require a 25% non-federal match. Regional projects selected shall be exempt from cost sharing if the Service Director determines that the authorization for the project does not require a non-Federal cost-share. The two page pre-proposals and Regional Project proposals are submitted to the Service for review. Successful restoration and research applicants are invited to submit full proposals, which are reviewed and ranked. Successful restoration and research projects have ranged from $2,300 to $2,000,000 with the average project at $102,908. Pre-proposals and Regional Project proposals are due on Monday, December 12, 2011, by 10:00 PM EST.

 

    Access links to the complete RFP, Pre-Proposal and Regional Project application (click here).

 

GET THE REST OF TODAY'S NEWS (click here)

IJC Report On Great Lakes Water Quality Since 1987

Oct 14: The International Joint Commission (IJC) released a draft report that is a preliminary effort to describe changes in the health of the Great Lakes over the past quarter century. The report, released during the IJC's Biennial Meeting on Great Lakes Water Quality at Great Lakes Week in Detroit, measures some of the progress made by the U.S. and Canada in fulfilling their respective commitments to protect and restore their shared waters under the Great Lakes Water Quality Agreement (GLWQA), first signed in 1972 and amended in 1987. At present, the governments of Canada and the United States are working to renew this Agreement to better meet current challenges facing the Great Lakes. IJC is accepting comments on the report until November 30, 2011.

    Canadian Section Chair Joseph Comuzzi said, "Our two countries have made major investments to restore and maintain Great Lakes water quality over the decades. We need to take stock of the results as we set goals for the coming decades. Although the results are mixed, they show that there has been progress and there is a clear need to update the Agreement to better address emerging threats." U.S. Section Chair Lana Pollack said, "The Great Lakes are at the heart of our economy and quality of life. We need good up-to-date-science based information to assess how well Canada and the United States are protecting these waters. This draft report is an important step toward understanding the larger picture."

    The draft report indicates that levels of many older chemicals have decreased in herring gulls, fish and sediments, especially from 1987-2000. However, results differ for some newer chemicals, such as PBDE (flame retardants) levels in fish increased considerably from 1987 to 2000. In addition, 34 non-native aquatic species were introduced into the Great Lakes, but none have become established since 2006. The burrowing mayfly and lake sturgeon have started to return, but lake trout populations have not changed measurably. Diporeia, a small shrimp-like crustacean that is a key part of the aquatic food web has almost disappeared.

    The draft report uses seven measures of biological integrity, six measures of chemical integrity, and one measure of physical integrity, to assess changes in the Great Lakes basin ecosystem. It draws on the best indicators of ecosystem trends available from government agencies and the academic research community. The Commission plans to publish a report in 2012 based on comments received and subsequent research.   

    One observation of the report is that while the Commission reviewed the 2009 SOLEC (State of the Lake Ecosystem Conference) indicators to see to what degree they can be used to evaluate progress since 1987 and to see how well they address the Commission's Task Force recommendations to address swimmability, fishability and drinkability. The Commission found only several of the 80 indicators were useful for evaluating progress since 1987. Several of the sources for this report came from outside of SOLEC. The Commission continues to be concerned that excessive effort is expended on too many indicators that have limited utility. Selecting and reporting on a smaller and continued set of core indicators should be the priority. The core set should include some with historical data back to 1987, some on the nearshore and some on human health. The indicators and a report assessing progress based on those indicators should be provided by the governments in the next reporting period.

        Access an announcement with commenting instructions and link to the complete 173-page report (click here).

Groups Push For Great Lakes Commons & Public Trust Status

Oct 12: Flow for Water, a coalition of several national and state organizations, Council of Canadians, and On the Commons are presenting their proposals at the at the International Joint Commission's (IJC) Biennial Meeting being held in Detroit at Great Lakes Week regarding overarching principles for integrating water pollution concerns from the Great Lakes Water Quality Agreement with the Boundary Water Treaty's treatment of flows, levels, and quantities. They said this is one step in the campaign to address the need for providing lasting protection of our waters in the form of a public trust.

    According to a release, a Great Lakes Basin commons would reject the view that the primary function of the Great Lakes is to promote the interests of industry and give them preferential access to the Lakes' boundaries. Jim Olson, a leading U.S. water law expert and Chair of Flow for Water said, "We need overarching twenty-first century principles to address massive twenty-first century threats that transcend an obsolete twentieth century legal framework. The International Joint Commission took the lead when it addressed pockets of pollution in its landmark 1972 Water Quality Agreement. It can take the lead again by looking to adopt a broad framework of principles, like commons and the public trust, which will assure rights of shared use and duties of shared respect for the Great Lakes for generations to come."

 

    As part of the overall effort to save the Great Lakes from the myriad threats from the past and this century, the groups are asking that the IJC to consider the Great Lakes a commons and public trust and in doing so, acknowledge the threats facing the Great Lakes and its ecosystem and take steps to reenvision the Great Lakes Water Quality Agreement as was done when it was enacted as a landmark step in 1972. They said, "The public trust principles are about a broader picture for the health of our waters and citizens and the IJC has an opportunity to acknowledge that."

 

    Access a posted release from the organizations (click here). Access the Flow for Water website for background and more information (click here).

 

GET THE REST OF TODAY'S NEWS (click here)

Great Lakes Still Has A Significant Mercury Pollution Problem

Oct 6: The Biodiversity Research Institute has announced it will release a report entitled, Great Lakes Mercury Connections: The Extent and Effects of Mercury Pollution in the Great Lakes Region, a synthesis of new research by 170+ scientists based on 35 peer-reviewed papers published this month in the journal Ecotoxicology and soon to be published in Environmental Pollution. According to an announcement, despite decades of progress, the Great Lakes region still has a significant mercury pollution problem.

 

   The report is a collaboration of the Biodiversity Research Institute in Gorham, Maine, the Great Lakes Commission based in Ann Arbor, Michigan, and the University of Wisconsin-La Crosse. The report is the product of a binational, scientific synthesis sponsored by the Great Lakes Commission through its Great Lakes Air Deposition Program, funded by the U.S. EPA.

 

    On October 11, during Great Lakes Week in Detroit, and in a webinar, scientists will present new policy-relevant research, as the deadline nears for U.S. EPA Utility Air Toxics Rule, including: new information on the severity of the mercury problem in the Great Lakes region; new research on the wildlife effects of mercury; and new analysis of progress made by pollution control efforts to date and the contribution of emissions sources in the Great Lakes region. Speakers will include: Tim Eder – Executive Director, Great Lakes Commission; James Wiener, Ph.D. – Wisconsin Distinguished Professor, University of Wisconsin-La Crosse; David C. Evers, Ph.D. – Executive Director, Biodiversity Research Institute; and Charles T. Driscoll, Ph.D. – University Professor and National Academy Member, Syracuse University.

 

    According to an abstract of a paper in Ecotoxicology, "This special issue examines bioaccumulation and risks of methylmercury in food webs, fish and wildlife in the Laurentian Great Lakes region of North America, and explores mercury policy in the region and elsewhere in the United States and Canada. A total of 35 papers emanated from a bi-national synthesis of multi-media data from monitoring programs and research investigations on mercury in aquatic and terrestrial biota, a 3-year effort

involving more than 170 scientists and decision-makers from 55 different universities, non-governmental organizations, and governmental agencies. Over 290,000 fish mercury data points were compiled from monitoring programs and research investigations. The findings from this scientific synthesis indicate that (1) mercury remains a pollutant of major concern in the Great Lakes region, (2) that the scope and intensity of the problem is greater than previously recognized and (3) that after decades of declining mercury levels in fish and wildlife concentrations are now increasing in some species and areas. While the reasons behind these shifting trends require further study, they also underscore the need to identify information gaps and expand monitoring efforts to better track progress. This will be particularly important as new pollution prevention measures are implemented, as global sources increase, and as the region faces changing environmental conditions."

 

    Access the announcement from Biodiversity Research Institute with further details and contacts (click here). Access the Special Issue of Ecotoxicology on Mercury in the Great Lakes to access various papers (click here).

 

GET THE REST OF TODAY'S NEWS (click here)

2011 GLRI Quality Technical Conference: Dec. 6-8

Oct 5: The 2011 Great Lakes Restoration Initiative (GLRI) Quality Technical Conference will be held in Chicago, on December 6-8, 2011. The primary purpose of this year's conference is to facilitate implementation of quality practices for projects being conducted under the GLRI by providing training, tools, resources, and a forum for communication among GLRI collaborators as they implement their projects. The 2011 GLRI Quality Technical Conference will provide an opportunity to work together to improve quality practices for GLRI projects and ultimately, the environment.

    The first conference day will include the meeting welcome, and plenary and technical sessions. Day two will offer a choice of two concurrent sessions: Session I will include training sessions and Session II will include a series of technical sessions on implementation of quality. The morning of conference day three will be dedicated to presentations by GLRI collaborators. The Quality Program Lead for each GLRI collaborator will present the status of quality implementation for their GLRI projects.

    Access complete conference information including registration details, agenda and contacts (click here).

GET THE REST OF TODAY'S NEWS (click here)
NAS Report Casts Doubt On Effects Of Renewable Fuel Standard
Gulf Coast Task Force Releases Ecosystem Restoration Strategy
Enviros Sue To Stop Early Clearing On Keystone XL Pipeline Route
EPA Announces Three Combined Heat & Power Awards
Administration Accelerates Grid Modernization Pilot Projects
Efficient Water Heating Can Save Consumers Nearly $18 Billion
USDA Announces $115+ Million In Water & Sewer Loans & Grants
New Mexico Group Sues To Save State's Carbon Reduction Law

IJC Great Lakes Priority Issue Reports For Comment

Oct 4: For the past two years, experts from the International Joint Commission (IJC) Water Quality Board, Science Advisory Board, Council of Great Lakes Research Managers, Health Professionals Task Force and International Air Quality Advisory Board (and other experts) have been developing findings and recommendations regarding six key research areas: the Nearshore Framework; Chemicals of Emerging Concern, Harmful/Nuisance Algae; Aquatic Invasive Species; Benefits and Risks of Fish Consumption; and Beaches Recreational Water Quality. Most draft reports are now posted (or will be soon) and available for public comment. Following the IJC Biennial Meeting (October 12-14) and the incorporation of comments received, the reports will become the foundation for the 16th Biennial Report, to be released in 2012.

 

    Access the reports, related information and commenting instructions by clicking on the links above. Access complete information on the IJC Biennial Meeting and Great Lakes Week in Detroit (click here).

GET THE REST OF TODAY'S NEWS (click here)

Mining Association Sues To Stop Cross-State Air Pollution Rule
Senate Committee Hears From Shale Gas Advisors
Trade Agreements For Korea, Colombia & Panama
DOI Report On Impacts Of Climate Change On Freshwater Resources
DOE Receives 1st Entry In Commercial Air Conditioner Challenge
Senate Hearing On Nutrient Reduction Approaches
Maryland Man Sells $9 Million In Phony Renewable Fuel Credits
Raritan Baykeeper v. NL Industries, Inc.

$2.4 Million For Lake Erie GLRI Projects

U.S. EPA announced funding for three Toledo-area Great Lakes Restoration Initiative (GLRI) projects totaling nearly $2.4 million. The projects will help to restore Lake Erie and put people back to work, using a conservation corps model to hire unemployed workers to improve habitat and clean up shoreline. The three Toledo-area projects were selected from 44 proposals totaling almost $25 million, which were submitted in response to a $6 million challenge that EPA issued in August to encourage Federal agencies to sign up unemployed workers to implement restoration projects in federally-protected areas, on tribal lands and in Areas of Concern (AOCs) in the Great Lakes Basin. To qualify for funding, each project is required to provide jobs for at least 20 unemployed people.

    Susan Hedman, EPA Great Lakes National Program Manager said, "The tremendous response to EPA's challenge underscores the large backlog of Great Lakes restoration projects that are ready to be implemented and the strong support that exists for using a conservation corps model to get the job done. Over the next week, EPA will be announcing a total of eight restoration projects worth $6.6 million as part of this challenge. Each project will produce immediate, direct ecological benefits and will help to put unemployed people back to work." The announcement in the Toledo area includes: $1 million to the National Oceanic and Atmospheric Administration (NOAA) to control invasive plants in the Lower Black River; another $811,252 to restore habitat in the Maumee River AOC; and $480,000 to the U.S. Fish and Wildlife Service for conservation, restoration and outreach at the Ottawa National Wildlife Refuge on the southwest shore of Lake Erie.

 

    Access a release from EPA Region 5 (click here, posted soon). Access more information on GLRI (click here).

GET THE REST OF TODAY'S NEWS (click here)

DOE Approves $4.743 Billion In Solar Project Loan Guarantees
SCOTUS Denies Challenge To CA Indirect Air Source Rule
DOE Finalizes Rule For NEPA Categorical Exclusion 
NASA Says Arctic Ozone Hole Is "Unprecedented"
DOI Completes Reforms Of Old Minerals Management Service
GAO Finds Problems With NOAA Historical Climatology Network
EPA Adds State Enforcement Actions Map To ECHO
Agencies Partners On Health & Safety Of Commercial Imports