Jan 25: Michigan Attorney General Mike Cox and his counterparts in Ohio, Indiana, Pennsylvania, and Wisconsin called on the Obama administration to immediately meet with them to hear first-hand the concerns of job makers and families across the region over the immediate threat of Asian carp. Cox said, "It is our hope the bi-partisan team of Attorneys General leading the battle to protect jobs and the Lakes will have a seat at the table with the White House to help find a solution to this crisis."
Michigan Governor Granholm and Nancy Sutley, Chair of the White House Council on Environmental Quality, have confirmed that the Great Lakes Governors or their designees intend to meet in early February [See WIMS 1/21/10]. The letter from the attorneys general was signed by Attorney General Cox; Indiana Attorney General Greg Zoeller; Ohio Attorney General Richard Cordray; Pennsylvania Attorney General Tom Corbett; and Wisconsin Attorney General J.B. Van Hollen. The letter indicates, "As the Attorneys General who are litigating the Asian carp controversy and have been serving on the front lines of a bi-partisan battle to protect the ecology and economy of our region, we are formally requesting that you and your administration include us in any such meetings addressing the Asian carp emergency."
Cox indicated in a release "that President Obama, who pledged a zero tolerance policy for new invasive species in the Great Lakes, should act immediately to at least temporarily close the locks." He indicated that last week new DNA evidence of Asian carp was found in Lake Michigan at Calumet Harbor [See WIMS 1/20/10], past both the so-called electrical barrier and the O'Brien locks. Cox, a Republican gubernatorial candidate indicated that, "If President Obama continues to favor Illinois at the expense of other states, Michigan and the other states backing his efforts will need help from Congress." He praised the bi-partisan efforts of Michigan's Congressional delegation on the issue, including Representatives Dave Camp, Vern Ehlers, and Candice Miller; and Senators Levin and Stabenow.
Access a release from the MI AG and link to the letter (click here).
Showing posts with label Coast Guard. Show all posts
Showing posts with label Coast Guard. Show all posts
Tuesday, January 26, 2010
Friday, January 22, 2010
Stabenow & Camp Introduce Bills To Stop Asian Carp
U.S. Senator Debbie Stabenow (D-MI) and U.S. Representative Dave Camp (R-MI) announced the Senate introduction of the CARP ACT (Close All Routes and Prevent Asian Carp Today, S. 2946). The bill would direct the Army Corps of Engineers to take immediate action to prevent the potential entry of Asian Carp into the Great Lakes. Recent samples of Asian Carp environmental DNA have demonstrated the invasive species’ progress toward the Great Lakes through the Mississippi River [See WIMS 1/21/10]. Congressman Camp introduced the CARP ACT (H.R. 4472) yesterday in the House.
Stabenow said, “Asian Carp are a very serious threat to our state and must be stopped from entering the Great Lakes. This invasive species will not only harm our ecosystem it will also hurt our economy, costing us thousands of jobs. The CARP ACT will close off Great Lakes access to Asian Carp and expedite important emergency measures.” Representative Camp said, “It is absolutely necessary for us to preventing Asian Carp from entering the Great Lakes. This legislation will ensure the Great Lakes are protected and should satisfy any concerns about any impacts on commerce or flood control in Chicago. This is a sensible approach and one that should be acted on immediately.”
Among other requirements the bills call for the immediate closure of certain Chicago-area locks until a controlled lock operations strategy is developed; immediate installation of interim barriers at specified locations; enhancement of existing barriers and monitoring systems; mitigating the impact on commerce and the City of Chicago; preventing and eradicating Asian Carp through the use of fish toxicant, commercial fishing and netting, harvesting, and other means necessary. On the Chicago impacts the bill calls for two studies: one to develop a strategy to mitigate the effects of this bill on existing commerce in the canals and rivers, and one to abate the effects on Chicago flood control.
The legislation will likely be the subject of discussion at the upcoming meeting with the Great Lakes Governors agreed to by Nancy Sutley, Chair of the White House Council on Environmental Quality and scheduled for early February. Sutley said, "I welcome the opportunity to meet with the Great Lakes Governors on this important issue a meeting during the first week of February, either in the Midwest or in Washington DC with the Great Lakes Governors or their designees [See WIMS 1/21/10].
Access a release from Senator Stabenow (click here). Access legislative details for S. 2946 (click here). Access legislative details for H.R. 4472 (click here).
Stabenow said, “Asian Carp are a very serious threat to our state and must be stopped from entering the Great Lakes. This invasive species will not only harm our ecosystem it will also hurt our economy, costing us thousands of jobs. The CARP ACT will close off Great Lakes access to Asian Carp and expedite important emergency measures.” Representative Camp said, “It is absolutely necessary for us to preventing Asian Carp from entering the Great Lakes. This legislation will ensure the Great Lakes are protected and should satisfy any concerns about any impacts on commerce or flood control in Chicago. This is a sensible approach and one that should be acted on immediately.”
Among other requirements the bills call for the immediate closure of certain Chicago-area locks until a controlled lock operations strategy is developed; immediate installation of interim barriers at specified locations; enhancement of existing barriers and monitoring systems; mitigating the impact on commerce and the City of Chicago; preventing and eradicating Asian Carp through the use of fish toxicant, commercial fishing and netting, harvesting, and other means necessary. On the Chicago impacts the bill calls for two studies: one to develop a strategy to mitigate the effects of this bill on existing commerce in the canals and rivers, and one to abate the effects on Chicago flood control.
The legislation will likely be the subject of discussion at the upcoming meeting with the Great Lakes Governors agreed to by Nancy Sutley, Chair of the White House Council on Environmental Quality and scheduled for early February. Sutley said, "I welcome the opportunity to meet with the Great Lakes Governors on this important issue a meeting during the first week of February, either in the Midwest or in Washington DC with the Great Lakes Governors or their designees [See WIMS 1/21/10].
Access a release from Senator Stabenow (click here). Access legislative details for S. 2946 (click here). Access legislative details for H.R. 4472 (click here).
Thursday, January 21, 2010
Administration Agrees To Asian Carp Summit With States
Jan 20: Responding quickly to requests from Governors Granholm (MI) and Doyle (WI) regarding a summit between Great Lakes governors and senior White House officials to identify a rapid response to the threat of Asian carp, Nancy Sutley, Chair of the White House Council on Environmental Quality called for a meeting in early February. Sutley said, "I welcome the opportunity to meet with the Great Lakes Governors on this important issue. . . Today, as we see the threat and potential impact of Asian carp entering the Great Lakes, we have an opportunity to work together to prevent environmental and economic damage before it happens." The Governors' requested the meeting in a letter to President Obama on January 19 [See WIMS 1/20/10].
In a letter to the Governors, Sutley suggested a meeting during the first week of February, either in the Midwest or in Washington DC with the Great Lakes Governors or their designees. She said the meeting should "discuss the strategy to combat the spread of Asian carp and ensure coordination and the most effective response across all levels of government to respond to this threat. In keeping with the strong tradition of regional cooperation, I also hope to discuss ways in which we can continue and strengthen the Federal-State partnership to protect the Great Lakes."
On January 19, the multi-agency Asian Carp Regional Coordinating Committee (RCC) announced that it had received new information from the University of Notre Dame about one positive environmental DNA result for silver carp in Calumet Harbor approximately one-half mile north of the Calumet River and one more at a location in the Calumet River north of O’Brien Lock. These samples were collected on December 8 and recently processed. Two previous tests of multiple water samples from this area were negative.
Also on January 19, the U.S. Supreme Court denied request for a preliminary injunction sought by Michigan and other Great Lakes states calling for the emergency closure of the locks in the Chicago Shipping Canal to stop the spread of Asian Carp into the Great Lakes [See WIMS 1/19/10]. The Obama Administration and the State of Illinois opposed the emergency closure and the U.S. Solicitor General Elena Kagan said in her filings with the High Court that Michigan's "ultimate goal is a permanent injunction separating the Great Lakes from the Mississippi River system, undoing a connection that for well over 100 years has served the important purposes of flood control, navigation, commerce, and sanitation."
She said, "A host of responsible actors -- federal, state, and even international -- are deeply and intensely engaged in studying all the considerations involved in preventing the transmission of invasive species through that connection. For this Court to pretermit that process and to decree that the answer is to sever the connection, based on a purported federal common law rule, would be altogether inappropriate. . . Nothing in federal law warrants second-guessing its expert judgment that the best information available today does not yet justify the dramatic steps Michigan demands. . . The motion for a preliminary injunction should be denied." [See WIMS 1/12/10]
Access a release and the letter to Governors (click here). Access the Michigan, Illinois and all legal filings in the case (click here). Access the Army Corps of Engineers' website for more information (click here). Access the Asian Carp Management website for extensive information (click here).
In a letter to the Governors, Sutley suggested a meeting during the first week of February, either in the Midwest or in Washington DC with the Great Lakes Governors or their designees. She said the meeting should "discuss the strategy to combat the spread of Asian carp and ensure coordination and the most effective response across all levels of government to respond to this threat. In keeping with the strong tradition of regional cooperation, I also hope to discuss ways in which we can continue and strengthen the Federal-State partnership to protect the Great Lakes."
On January 19, the multi-agency Asian Carp Regional Coordinating Committee (RCC) announced that it had received new information from the University of Notre Dame about one positive environmental DNA result for silver carp in Calumet Harbor approximately one-half mile north of the Calumet River and one more at a location in the Calumet River north of O’Brien Lock. These samples were collected on December 8 and recently processed. Two previous tests of multiple water samples from this area were negative.
Also on January 19, the U.S. Supreme Court denied request for a preliminary injunction sought by Michigan and other Great Lakes states calling for the emergency closure of the locks in the Chicago Shipping Canal to stop the spread of Asian Carp into the Great Lakes [See WIMS 1/19/10]. The Obama Administration and the State of Illinois opposed the emergency closure and the U.S. Solicitor General Elena Kagan said in her filings with the High Court that Michigan's "ultimate goal is a permanent injunction separating the Great Lakes from the Mississippi River system, undoing a connection that for well over 100 years has served the important purposes of flood control, navigation, commerce, and sanitation."
She said, "A host of responsible actors -- federal, state, and even international -- are deeply and intensely engaged in studying all the considerations involved in preventing the transmission of invasive species through that connection. For this Court to pretermit that process and to decree that the answer is to sever the connection, based on a purported federal common law rule, would be altogether inappropriate. . . Nothing in federal law warrants second-guessing its expert judgment that the best information available today does not yet justify the dramatic steps Michigan demands. . . The motion for a preliminary injunction should be denied." [See WIMS 1/12/10]
Access a release and the letter to Governors (click here). Access the Michigan, Illinois and all legal filings in the case (click here). Access the Army Corps of Engineers' website for more information (click here). Access the Asian Carp Management website for extensive information (click here).
Wednesday, January 20, 2010
Parties Call For Urgent Action As Asian Carp Advance
Jan 19: Michigan Governor Jennifer Granholm called for the White House to immediately establish a summit with the Great Lakes Governors to discuss the growing Asian Carp threat. The letter, jointly signed with Wisconsin Governor Jim Doyle, was in response to the Supreme Court decision to deny a preliminary injunction sought by Michigan and other Great Lakes states calling for the emergency closure of the locks in the Chicago Shipping Canal to stop the spread of Asian Carp into the Great Lakes [See WIMS 1/19/10]. Governor Granholm said, "Asian Carp threaten the well-being of our Great Lakes, and ultimately, the well-being of Michigan. It is disappointing that the Supreme Court declined to aid in our fight against these aquatic invaders, so we now ask the White House to work with us in finding a solution before it is too late."
Carp DNA samples have recently been found above the electrical barrier in the Chicago Sanitary and Ship Canal, providing new evidence that the Asian Carp are continuing to move closer to Lake Michigan. In fact, as the Governor was issuing her release, the multi-agency Asian Carp Regional Coordinating Committee (RCC) announced that it had received new information from the University of Notre Dame about one positive environmental DNA result for silver carp in Calumet Harbor approximately one-half mile north of the Calumet River and one more at a location in the Calumet River north of O’Brien Lock. These samples were collected on December 8 and recently processed. Two previous tests of multiple water samples from this area were negative.
Dr. David Lodge, director of the eDNA project at the University of Notre Dame said, "Our current eDNA process provides indications of likely presence, but it does not yet provide information about Asian carp quantity that may be present, age, size, how they got there or how long they may have been there." Major General John Peabody, Commanding General of the U.S. Army Corps of Engineers’ Great Lakes and Ohio River Division said, "Clearly this is not good news. But eDNA technology provides the advanced warning of the possible presence of Asian carp, so that all agencies supporting the RCC can focus their efforts and resources to optimal effect. The Corps of Engineers will continue to collaborate with our partners to urgently execute already planned actions, and further develop other multi-agency measures that will defeat this threat to the Great Lakes."
Charlie Wooley, Deputy Regional Director, U.S. Fish and Wildlife Service said, “From what we have seen in other parts of the country, Asian carp could out-compete our native, sport and commercial fish in southern Lake Michigan. We call them an aquatic vacuum cleaner because they filter important food resources out of the water and turn it into carp biomass.”
Michigan Attorney General Mike Cox, and gubernatorial candidate issued a statement on the Supreme Court ruling saying, "I am extremely disappointed the Supreme Court did not push the pause button on this crisis until an effective plan is in place. While the injunction would have been an extraordinary step by the court, Michigan and the other Great Lakes states are facing an extraordinary crisis that could forever alter the Lakes, permanently killing thousands of jobs at a time when families can least afford it." Cox noted that the court did not address Michigan's request to reopen the "Chicago Diversion" case and therefore that portion of the case continues. Michigan, which is supported by Pennsylvania, New York, Ohio, Wisconsin, and Minnesota, seeks a solution to the crisis that will protect the ecology and economy of the Great Lakes. Briefs in that portion of the case are due by February 19.
The Alliance for the Great Lakes has prepared a report on closing the waterway connections and says, "A permanent breakup of the Great Lakes and Mississippi River basins is the only guaranteed way to keep invasive species from traveling between the two and causing devastating irreversible damage." The Alliance explains that the Chicago Waterway System, engineered in 1900 to
reverse the flow of the Chicago River, is a complex system of rivers and canals diverting Chicago’s wastewater from Lake Michigan to the Illinois River. The Alliance report, Preliminary Feasibility of Ecological Separation of the Mississippi River and the Great Lakes, outlines six options for separating the watersheds and ending the transfer of species between them.
Access a release from Gov. Granholm (click here). Access a release from the Asian Carp RCC (click here). Access a release from the Michigan AG (click here). Access a fact sheet and map from the Alliance and link to their complete report (click here). Access the Army Corps of Engineers' website for more information (click here). Access the Asian Carp Management website for extensive information (click here). Access the Great Lakes United website to track the Asian Carp emergency situation (click here).
Carp DNA samples have recently been found above the electrical barrier in the Chicago Sanitary and Ship Canal, providing new evidence that the Asian Carp are continuing to move closer to Lake Michigan. In fact, as the Governor was issuing her release, the multi-agency Asian Carp Regional Coordinating Committee (RCC) announced that it had received new information from the University of Notre Dame about one positive environmental DNA result for silver carp in Calumet Harbor approximately one-half mile north of the Calumet River and one more at a location in the Calumet River north of O’Brien Lock. These samples were collected on December 8 and recently processed. Two previous tests of multiple water samples from this area were negative.
Dr. David Lodge, director of the eDNA project at the University of Notre Dame said, "Our current eDNA process provides indications of likely presence, but it does not yet provide information about Asian carp quantity that may be present, age, size, how they got there or how long they may have been there." Major General John Peabody, Commanding General of the U.S. Army Corps of Engineers’ Great Lakes and Ohio River Division said, "Clearly this is not good news. But eDNA technology provides the advanced warning of the possible presence of Asian carp, so that all agencies supporting the RCC can focus their efforts and resources to optimal effect. The Corps of Engineers will continue to collaborate with our partners to urgently execute already planned actions, and further develop other multi-agency measures that will defeat this threat to the Great Lakes."
Charlie Wooley, Deputy Regional Director, U.S. Fish and Wildlife Service said, “From what we have seen in other parts of the country, Asian carp could out-compete our native, sport and commercial fish in southern Lake Michigan. We call them an aquatic vacuum cleaner because they filter important food resources out of the water and turn it into carp biomass.”
Michigan Attorney General Mike Cox, and gubernatorial candidate issued a statement on the Supreme Court ruling saying, "I am extremely disappointed the Supreme Court did not push the pause button on this crisis until an effective plan is in place. While the injunction would have been an extraordinary step by the court, Michigan and the other Great Lakes states are facing an extraordinary crisis that could forever alter the Lakes, permanently killing thousands of jobs at a time when families can least afford it." Cox noted that the court did not address Michigan's request to reopen the "Chicago Diversion" case and therefore that portion of the case continues. Michigan, which is supported by Pennsylvania, New York, Ohio, Wisconsin, and Minnesota, seeks a solution to the crisis that will protect the ecology and economy of the Great Lakes. Briefs in that portion of the case are due by February 19.
The Alliance for the Great Lakes has prepared a report on closing the waterway connections and says, "A permanent breakup of the Great Lakes and Mississippi River basins is the only guaranteed way to keep invasive species from traveling between the two and causing devastating irreversible damage." The Alliance explains that the Chicago Waterway System, engineered in 1900 to
reverse the flow of the Chicago River, is a complex system of rivers and canals diverting Chicago’s wastewater from Lake Michigan to the Illinois River. The Alliance report, Preliminary Feasibility of Ecological Separation of the Mississippi River and the Great Lakes, outlines six options for separating the watersheds and ending the transfer of species between them.
Access a release from Gov. Granholm (click here). Access a release from the Asian Carp RCC (click here). Access a release from the Michigan AG (click here). Access a fact sheet and map from the Alliance and link to their complete report (click here). Access the Army Corps of Engineers' website for more information (click here). Access the Asian Carp Management website for extensive information (click here). Access the Great Lakes United website to track the Asian Carp emergency situation (click here).
Tuesday, January 19, 2010
Groups Challenge Wisconsin Ballast Water Standards
Jan 15: The National Wildlife Federation (NWF) and Wisconsin Wildlife Federation (WWF) announced they had filed a legal challenge that claims the State of Wisconsin’s new ballast water discharge permit violates State law and won’t prevent freighters from importing more invasive species, like zebra mussels, into the Great Lakes. Neil Kagan, senior attorney at NWF's Great Lakes Regional Center said, "Compliance with the Wisconsin ballast water discharge standards would not prevent invasive species from entering Wisconsin waters. Wisconsin officials have said prevention is the best way to protect the Great Lakes from new invasive species, but the state’s ballast water discharge standards won’t prevent new invasions. The state’s failure to follow its own laws to protect water quality is the basis of our lawsuit.”
NWF said Wisconsin released ballast water discharge standards in a permit in November. The permit, which is set to take effect February 1, would require ocean freighters to treat ballast water, but said "the discharge standards are too weak to be effective." They said the final permit is weaker than the draft version and contains a loophole that would allow ships to fall back to the weakest discharge standards. "The permit runs counter to a State law that prohibits degradation of Wisconsin’s waters."
The groups indicated that the Federal government has not enacted ballast water discharge standards despite numerous agencies working on the problem for the past two decades. The U.S. Coast Guard recently proposed national ballast water treatment standards [See WIMS 10/2/09; WIMS 8/31/09].
Access a lengthy release from NWF with additional information (click here). Access more information from NWF's Great Lakes Regional Center website (click here).
NWF said Wisconsin released ballast water discharge standards in a permit in November. The permit, which is set to take effect February 1, would require ocean freighters to treat ballast water, but said "the discharge standards are too weak to be effective." They said the final permit is weaker than the draft version and contains a loophole that would allow ships to fall back to the weakest discharge standards. "The permit runs counter to a State law that prohibits degradation of Wisconsin’s waters."
The groups indicated that the Federal government has not enacted ballast water discharge standards despite numerous agencies working on the problem for the past two decades. The U.S. Coast Guard recently proposed national ballast water treatment standards [See WIMS 10/2/09; WIMS 8/31/09].
Access a lengthy release from NWF with additional information (click here). Access more information from NWF's Great Lakes Regional Center website (click here).
Supreme Court Denies Request To Close Waterways
Jan 19: The U.S. Supreme Court issued a brief notice with no further explanation indicating, "The motion of Michigan for a preliminary injunction is denied." On December 21, 2009 [See WIMS 1/4/10], Michigan Attorney General Mike Cox joined by the states of Minnesota, New York, Ohio and Wisconsin and the Province of Ontario filed a request for a preliminary injunction to immediately order Federal, state, and local officials responsible for Chicago-area locks and waterways to close them in order to stop Asian carp from entering the Great Lakes. Cox said, "The fish are an aggressive invasive species that could quickly devastate Great Lakes fish populations, causing severe damage to Michigan's economy by ruining the Great Lakes' $7 billion fishing and tourism industries."
In their response brief, the State of Illinois said, "Michigan's efforts to downplay the economic impact that will result if its request for preliminary relief is granted, as well as its silence of the public health effects associated with even a temporary closure of the locks and sluice gates, cannot disguise the fact that neither the balance of equities nor the public interest weighs in Michigan's favor." Illinois said the Army Corps estimated that closing the O’Brien lock alone would back-flood 14,000 homes; and some 500,000 additional truck loads, with associated pollution and road maintenance concerns, would be needed to move the amount of cargo currently hauled by barges on the Canal each year [See WIMS 1/16/10].
According to a report on the SCOTUS blog, "the Court refused to issue a permanent injunction that would have closed waterway locks and required other temporary measures in reaction to the discovery of the carp upstream in Illinois rivers. The Court’s order did not dispose of Michigan’s plea to reopen a decades-old decree to address the carp migration issue on its merits. That will come later in cases 1, 2 and 3 Original, Wisconsin, Michigan and New York v. Illinois." Last Friday, January 15, the Court reviewed the various briefs that had been submitted.
Groups supporting the close of the Mississippi River-Lake Michigan connection including --Alliance for the Great Lakes; Great Lakes United; Healing Our Waters-Great Lakes Coalition; National Wildlife Federation; and Natural Resources Defense Council (NRDC) -- issued a joint release on the Supreme Court action. The groups indicated that although the High Court did not comment on the decision, at the same time, it did not yet act on Michigan’s request to reopen a nearly century-old case allowing Chicago to divert its wastewater from Lake Michigan to the Illinois River.
Alliance President Joel Brammeier said, "Unlike the court, Asian carp don't heed jurisdictional lines. If emergency measures to stem the tide of carp are the wrong play, we need a new playbook -- and we need it yesterday. Without that, there's no time to build the permanent separation the Great Lakes and Mississippi need." Henry Henderson, director of NRDC's Midwest Program and the first Commissioner of the Environment for the City of Chicago said, “Illinois cannot breath too big a sigh of relief, as the Supreme Court could take further action on Michigan’s case."
Henderson said the new DNA findings reinforce Michigan’s assertion that the Chicago Diversion threatens the health of the Great Lakes. “Whether they are forced by the Supreme Court or not, Illinois’ elected officials need to follow up on their statements in recent weeks and take leadership in finding timely solutions to this problem." The groups reported that Michigan Governor Jennifer Granholm called for an immediate summit at the White House with President Obama and the eight Great Lakes governors to address the Asian carp threat.
Access the Supreme Court Order (click here, scroll to page 3). Access the SCOTUS blog post (click here). Access the joint release from the groups (click here). Access a media report from the Milwaukee Journal Sentinel (click here). Access a media report from the NYT (click here). Access the Michigan, Illinois and all legal filings in the case (click here).
In their response brief, the State of Illinois said, "Michigan's efforts to downplay the economic impact that will result if its request for preliminary relief is granted, as well as its silence of the public health effects associated with even a temporary closure of the locks and sluice gates, cannot disguise the fact that neither the balance of equities nor the public interest weighs in Michigan's favor." Illinois said the Army Corps estimated that closing the O’Brien lock alone would back-flood 14,000 homes; and some 500,000 additional truck loads, with associated pollution and road maintenance concerns, would be needed to move the amount of cargo currently hauled by barges on the Canal each year [See WIMS 1/16/10].
According to a report on the SCOTUS blog, "the Court refused to issue a permanent injunction that would have closed waterway locks and required other temporary measures in reaction to the discovery of the carp upstream in Illinois rivers. The Court’s order did not dispose of Michigan’s plea to reopen a decades-old decree to address the carp migration issue on its merits. That will come later in cases 1, 2 and 3 Original, Wisconsin, Michigan and New York v. Illinois." Last Friday, January 15, the Court reviewed the various briefs that had been submitted.
Groups supporting the close of the Mississippi River-Lake Michigan connection including --Alliance for the Great Lakes; Great Lakes United; Healing Our Waters-Great Lakes Coalition; National Wildlife Federation; and Natural Resources Defense Council (NRDC) -- issued a joint release on the Supreme Court action. The groups indicated that although the High Court did not comment on the decision, at the same time, it did not yet act on Michigan’s request to reopen a nearly century-old case allowing Chicago to divert its wastewater from Lake Michigan to the Illinois River.
Alliance President Joel Brammeier said, "Unlike the court, Asian carp don't heed jurisdictional lines. If emergency measures to stem the tide of carp are the wrong play, we need a new playbook -- and we need it yesterday. Without that, there's no time to build the permanent separation the Great Lakes and Mississippi need." Henry Henderson, director of NRDC's Midwest Program and the first Commissioner of the Environment for the City of Chicago said, “Illinois cannot breath too big a sigh of relief, as the Supreme Court could take further action on Michigan’s case."
Henderson said the new DNA findings reinforce Michigan’s assertion that the Chicago Diversion threatens the health of the Great Lakes. “Whether they are forced by the Supreme Court or not, Illinois’ elected officials need to follow up on their statements in recent weeks and take leadership in finding timely solutions to this problem." The groups reported that Michigan Governor Jennifer Granholm called for an immediate summit at the White House with President Obama and the eight Great Lakes governors to address the Asian carp threat.
Access the Supreme Court Order (click here, scroll to page 3). Access the SCOTUS blog post (click here). Access the joint release from the groups (click here). Access a media report from the Milwaukee Journal Sentinel (click here). Access a media report from the NYT (click here). Access the Michigan, Illinois and all legal filings in the case (click here).
Saturday, January 16, 2010
IL Senator Durbin Briefing On Asian Carp Control
Jan 12: U.S. Senator Dick Durbin (D-IL) and Congresswoman Judy Biggert (R-IL) hosted a briefing by Federal, state and local officials regarding the containment of Asian carp in Illinois. Representatives from the U.S. Army Corps of Engineers, U.S. EPA, the U.S. Fish and Wildlife Service, the Metropolitan Water Reclamation District of Greater Chicago, the City of Chicago, the Office of the Attorney General, the U.S. Coast Guard, and the Illinois Department of Natural Resources all provided perspectives on the current situation, further mitigation options, and likely next steps.
According to a release from Senator Durbin, Asian carp threaten the Great Lakes ecosystem because they consume large quantities of phytoplankton, which is critical to the stability of the ecosystem. The fish can grow to an average of four feet and 60 pounds, and can consume up to 40 percent of their body weight in plankton per day. Durbin and Biggert indicated they have a long history of working together to combat the spread of Asian carp and outlined their efforts in securing funding for the electric Asian Carp Barrier project of the U.S. Army Corps of Engineers which has received $41.2 million in federal funding since 1998.
Durbin said, “We don’t know yet what course of action will ensure that these carp don’t reach the Lake, but we do know that every level of government is committed to restoring and protecting our Great Lakes. Today’s meeting is just one step on our path of working together to establish and implement a long-term, comprehensive Asian carp containment plan.” If the carp reach Lake Michigan, they have the potential to damage the economy and ecosystem of the Great Lakes region, where the fishing industry alone is valued at $7 billion annually. Yet the community and economic implications of closing the locks of the Chicago Sanitary and Ship Canal must be considered. The shipping industry used the canal to move nearly 7 million tons of cargo in 2008 through tens of thousands of vessel passages, and the Army Corps estimates that closing the O’Brien lock alone would back-flood 14,000 homes.
Durbin said, “If you ask the people in the Chicago area what they treasure most about the area, most of them will put Lake Michigan at the top of the list. Not only does Lake Michigan provide entertainment and recreation year round, it supports industry -- primarily fishing and shipping. We need to protect the ecological and economic well-being of this treasured resource.”
In its brief opposing Michigan's request for a Preliminary Injunction, the State of Illinois indicates that "there are no alternate water routs for shipping and delivering cargo and there are not enough trucks and train cars to haul the freight that passes through the waterways. One barge typically has a dry-cargo capacity of a least 16 rails cars and a liquid-cargo capacity of 46 rail cars, and some 500,000 additional truck loads would be needed to move the amount of cargo currently hauled by barges on the Canal each year.
"And even if trucks and rail cars were available, the financial and environmental cost of substituting rail or truck transportation for waterway transport would be devastating in terms of increased emissions of hydrocarbon, carbon monoxide, nitrogen oxides, and particulate matter. Substituting rail and truck transportation for commercial navigation would also lead to untenable congestion on the rails and roads, raise the cost of maintaining roadways... and cause increased traffic fatalities. Michigan's efforts to downplay the economic impact that will result if its request for preliminary relief is granted, as well as its silence of the public health effects associated with even a temporary closure of the locks and sluice gates, cannot disguise the fact that neither the balance of equities nor the public interest weighs in Michigan's favor."
The U.S. Supreme Court was scheduled to take up the lawsuit January 15, 2010. Reportedly, the justices will review the legal briefs -- but a ruling is not expected until later. The Michigan case, filed by Attorney General Mike Cox, would reopen an old case from the Supreme Court 1966 term, an “Original” lawsuit i.e. filed directly with no lower court activity -- the docket is termed Original Nos. 1, 2 and 3. Since filing his suit on December 21, 2009 [See WIMS 1/4/10], Cox has been joined by the states of Minnesota, New York, Ohio and Wisconsin and the Province of Ontario.
Access a release from Senator Durbin (click here). Access a video from the briefing (click here). Access the Michigan, Illinois and all legal filings in the case (click here).
According to a release from Senator Durbin, Asian carp threaten the Great Lakes ecosystem because they consume large quantities of phytoplankton, which is critical to the stability of the ecosystem. The fish can grow to an average of four feet and 60 pounds, and can consume up to 40 percent of their body weight in plankton per day. Durbin and Biggert indicated they have a long history of working together to combat the spread of Asian carp and outlined their efforts in securing funding for the electric Asian Carp Barrier project of the U.S. Army Corps of Engineers which has received $41.2 million in federal funding since 1998.
Durbin said, “We don’t know yet what course of action will ensure that these carp don’t reach the Lake, but we do know that every level of government is committed to restoring and protecting our Great Lakes. Today’s meeting is just one step on our path of working together to establish and implement a long-term, comprehensive Asian carp containment plan.” If the carp reach Lake Michigan, they have the potential to damage the economy and ecosystem of the Great Lakes region, where the fishing industry alone is valued at $7 billion annually. Yet the community and economic implications of closing the locks of the Chicago Sanitary and Ship Canal must be considered. The shipping industry used the canal to move nearly 7 million tons of cargo in 2008 through tens of thousands of vessel passages, and the Army Corps estimates that closing the O’Brien lock alone would back-flood 14,000 homes.
Durbin said, “If you ask the people in the Chicago area what they treasure most about the area, most of them will put Lake Michigan at the top of the list. Not only does Lake Michigan provide entertainment and recreation year round, it supports industry -- primarily fishing and shipping. We need to protect the ecological and economic well-being of this treasured resource.”
In its brief opposing Michigan's request for a Preliminary Injunction, the State of Illinois indicates that "there are no alternate water routs for shipping and delivering cargo and there are not enough trucks and train cars to haul the freight that passes through the waterways. One barge typically has a dry-cargo capacity of a least 16 rails cars and a liquid-cargo capacity of 46 rail cars, and some 500,000 additional truck loads would be needed to move the amount of cargo currently hauled by barges on the Canal each year.
"And even if trucks and rail cars were available, the financial and environmental cost of substituting rail or truck transportation for waterway transport would be devastating in terms of increased emissions of hydrocarbon, carbon monoxide, nitrogen oxides, and particulate matter. Substituting rail and truck transportation for commercial navigation would also lead to untenable congestion on the rails and roads, raise the cost of maintaining roadways... and cause increased traffic fatalities. Michigan's efforts to downplay the economic impact that will result if its request for preliminary relief is granted, as well as its silence of the public health effects associated with even a temporary closure of the locks and sluice gates, cannot disguise the fact that neither the balance of equities nor the public interest weighs in Michigan's favor."
The U.S. Supreme Court was scheduled to take up the lawsuit January 15, 2010. Reportedly, the justices will review the legal briefs -- but a ruling is not expected until later. The Michigan case, filed by Attorney General Mike Cox, would reopen an old case from the Supreme Court 1966 term, an “Original” lawsuit i.e. filed directly with no lower court activity -- the docket is termed Original Nos. 1, 2 and 3. Since filing his suit on December 21, 2009 [See WIMS 1/4/10], Cox has been joined by the states of Minnesota, New York, Ohio and Wisconsin and the Province of Ontario.
Access a release from Senator Durbin (click here). Access a video from the briefing (click here). Access the Michigan, Illinois and all legal filings in the case (click here).
Wednesday, January 13, 2010
Michigan Attorney General Launches StopAsianCarp Website
Jan 13: Michigan Attorney General Mike Cox, who it should be noted is a leading Republican candidate for Michigan Governor, launched the StopAsianCarp.com, an online petition enabling residents across the Great Lakes region to help convince Federal and local authorities responsible for carp infested waters to close the locks connecting them with Lake Michigan and protect the region's $7 billion fishing industry and over 800,000 Michigan jobs connected to the health of the Lakes.
Cox has filed a lawsuit with the U.S. Supreme Court requesting that the connections between the Mississippi River and Lake Michigan be permanently closed [See WIMS 1/12/10 for links to all legal filings]. The action is supported by most other Great Lakes states, environmental and conservation organizations and other; but, the Obama Administration, through its Solicitor General, and Illinois officials have opposed the efforts.
In a release, Cox said, "Families can visit StopAsianCarp.com and join us as we fight to protect the Great Lakes and thousands of Michigan jobs from the biological threat known as Asian carp. If we don't protect the Lakes today, we won't have another chance tomorrow." He indicated that the StopAsianCarp.com offers residents the opportunity to voice their opinion directly to President Obama and leaders in Congress and offers a one-stop-shop for information and materials connected with Cox's efforts before the United States Supreme Court.
Access a release from the AG announcing the new website (click here). Access the StopAsianCarp website (click here). Access a separate release from the AG on the lawsuit (click here).
Cox has filed a lawsuit with the U.S. Supreme Court requesting that the connections between the Mississippi River and Lake Michigan be permanently closed [See WIMS 1/12/10 for links to all legal filings]. The action is supported by most other Great Lakes states, environmental and conservation organizations and other; but, the Obama Administration, through its Solicitor General, and Illinois officials have opposed the efforts.
In a release, Cox said, "Families can visit StopAsianCarp.com and join us as we fight to protect the Great Lakes and thousands of Michigan jobs from the biological threat known as Asian carp. If we don't protect the Lakes today, we won't have another chance tomorrow." He indicated that the StopAsianCarp.com offers residents the opportunity to voice their opinion directly to President Obama and leaders in Congress and offers a one-stop-shop for information and materials connected with Cox's efforts before the United States Supreme Court.
Access a release from the AG announcing the new website (click here). Access the StopAsianCarp website (click here). Access a separate release from the AG on the lawsuit (click here).
Tuesday, January 12, 2010
Filings In Supreme Court Asian Carp Dispute & U.S. Position
Jan 11: Noah Hall, a law professor at Wayne State University and the executive director of the Great Lakes Environmental Law Center in Detroit, has created a blog post that provides links to all of the Supreme Court filings regarding the Asian carp dispute, and will be updated as new filings are made. Professor Hall is representing State Senator Patty Birkholz (R-Saugatuck Twp) and Representative Rebekah Warren (D-Ann Arbor), the respective Chairs of the Michigan Senate and House environmental committees, who are seeking to join the Federal lawsuit via filing an amicus brief to protect the Great Lakes and Michigan’s multi-billion dollar fishing and boating industries from Asian carp [See WIMS 1/5/10].
As previously reported [See WIMS 1/7/10], Michigan and other interests are extremely upset with the Obama Administration which has opposed the Michigan Attorney General's action to permanently close the connection of the Mississippi River to Lake Michigan and the Great Lakes. The Michigan action has been joined by the states of Minnesota, New York, Ohio and Wisconsin and the Province of Ontario. Michigan's Attorney General Mike Cox said he is "extremely disappointed by President Obama's choice to protect the narrow interests of his home state of Illinois while ignoring the pleas of Michigan and at least four other Great Lakes states" which have asked the United States Supreme Court for the immediate closure of Chicago-area waterways containing Asian carp.
According to the United States' Memorandum Opposing Michigan’s Motion for Preliminary Injunction filed by the U.S. Solicitor General Elena Kagan, "Michigan states in its petition for a supplemental decree (at29-30) that its ultimate goal is a permanent injunction separating the Great Lakes from the Mississippi River system, undoing a connection that for well over 100 years has served the important purposes of flood control, navigation, commerce, and sanitation. A host of responsible actors -- federal, state, and even international -- are deeply and intensely engaged in studying all the considerations involved in preventing the transmission of invasive species through that connection. For this Court to pretermit that process and to decree that the answer is to sever the connection, based on a purported federal common law rule, would be altogether inappropriate.
"In a host of ways, the federal government has demonstrated its commitment to protecting the Great Lakes from the expansion of Asian carp. Nothing in federal law warrants second-guessing its expert judgment that the best information available today does not yet justify the dramatic steps Michigan demands. . . The motion for a preliminary injunction should be denied."
Access Professor Hall's blog posting with links to all filings in the dispute (click here). Access the Great Lakes Law Blog postings on the Supreme Court litigation (click here). Also access the recent filing directly from the Supreme Court website (click here).
As previously reported [See WIMS 1/7/10], Michigan and other interests are extremely upset with the Obama Administration which has opposed the Michigan Attorney General's action to permanently close the connection of the Mississippi River to Lake Michigan and the Great Lakes. The Michigan action has been joined by the states of Minnesota, New York, Ohio and Wisconsin and the Province of Ontario. Michigan's Attorney General Mike Cox said he is "extremely disappointed by President Obama's choice to protect the narrow interests of his home state of Illinois while ignoring the pleas of Michigan and at least four other Great Lakes states" which have asked the United States Supreme Court for the immediate closure of Chicago-area waterways containing Asian carp.
According to the United States' Memorandum Opposing Michigan’s Motion for Preliminary Injunction filed by the U.S. Solicitor General Elena Kagan, "Michigan states in its petition for a supplemental decree (at29-30) that its ultimate goal is a permanent injunction separating the Great Lakes from the Mississippi River system, undoing a connection that for well over 100 years has served the important purposes of flood control, navigation, commerce, and sanitation. A host of responsible actors -- federal, state, and even international -- are deeply and intensely engaged in studying all the considerations involved in preventing the transmission of invasive species through that connection. For this Court to pretermit that process and to decree that the answer is to sever the connection, based on a purported federal common law rule, would be altogether inappropriate.
"In a host of ways, the federal government has demonstrated its commitment to protecting the Great Lakes from the expansion of Asian carp. Nothing in federal law warrants second-guessing its expert judgment that the best information available today does not yet justify the dramatic steps Michigan demands. . . The motion for a preliminary injunction should be denied."
Access Professor Hall's blog posting with links to all filings in the dispute (click here). Access the Great Lakes Law Blog postings on the Supreme Court litigation (click here). Also access the recent filing directly from the Supreme Court website (click here).
Thursday, January 7, 2010
White House Opposes States' Legal Action To Stop Asian Carp
Jan 6: According to a release from the Michigan Attorney General, late in the day on January 5, the U.S. Solicitor General Elena Kagan filed a brief with the U.S. Supreme Court opposing Cox's efforts to protect the Lakes by closing the Chicago-area locks and waterways connecting carp-infested waters with the Lakes. Since filing his suit on December 21, 2009 [See WIMS 1/4/10], Cox has been joined by the states of Minnesota, New York, Ohio and Wisconsin and the Province of Ontario. The State of Indiana has also expressed support for Michigan's action. Additionally, a number of environmental organizations have also supported the legal action to close the locks. Asian carp are an aggressive invasive species that could quickly devastate Great Lakes fish populations and the hundreds of thousands of jobs and billions of dollars in economic activity which they support.
In his release Cox said he is "extremely disappointed by President Obama's choice to protect the narrow interests of his home state of Illinois while ignoring the pleas of Michigan and at least four other Great Lakes states" which have asked the United States Supreme Court for the immediate closure of Chicago-area waterways containing Asian carp. Cox called on Obama to immediately meet with him, Governor Jennifer Granholm, and others to hear first-hand the concerns Great Lakes states have due to the immediate threat posed by the aggressive invasive species.
Cox said, "I am extremely disappointed that President Obama sided with his home state while ignoring the concerns of the millions of families in Michigan, New York, Ohio, Wisconsin and Minnesota, whose jobs and way of life depends on protecting the Great Lakes from this economic and ecological disaster. I am hopeful, however, that by sitting down with us and listening to our concerns, he will come to recognize the urgency of protecting the jobs and ecology of the entire Great Lakes region."
Interestingly, the Obama Administration's Senior Advisor for Great Lakes issues, Cameron Davis, is the former head of the Alliance for the Great Lakes which also stongly supports the Supreme Court legal action initiated by the Michigan Attorney General. In June of 2009 U.S. EPA Administrator Lisa Jackson appointed the long-time Great Lakes advocate Davis to be EPA's Senior Advisor for Great Lakes issues. However, the newly announced Alliance President Joel Brammeier said in a release on December 21, "The Alliance applauds Michigan's move to protect the lakes. Knowing there are carp less than seven miles from Lake Michigan, we have to take every precaution until we know those canals are free from carp and the barrier is not being breached."
So what does EPA's Senior Great Lakes Advisor have to say. The Great Lakes Town Hall (GLTH) recently interviewed Cameron Davis (CD) and published the interview on January 3, 2010, The following is the portion of the interview dealing with the Asian Carp issue.
(GLTH) - After the waters past the electric barrier tested positive for Asian carp DNA, why weren't the locks immediately closed as a precautionary measure until it could be determined if any carp had made it as far as Lake Michigan?
(CD) - Thanks for asking the question because the call for lock closure has been really charged and it's important to have an honest discussion about it. First, the locks are old and leaky. Closing them would provide a false sense of security. But second and more important, the call for lock closure is largely based on eDNA sampling results. We're learning that eDNA is a good early warning system, but it shouldn't be relied on exclusively for making major management decisions. When rotenone (a piscicide) was applied near the Corps of Engineers' electric fences, where lots of Asian carp could have been, we only found one Asian carp. When the Illinois DNR contracted with commercial fishermen -- these people's livelihoods are based on capturing Asian carp among others -- they didn't find a single Asian carp out of hundreds and hundreds of other fish captured. eDNA is a new technology. It's an important color in the palate that helps us paint a picture of what's going out there in a waterway, but it's one color.
(GLTH) - What does the Asian carp emergency teach or tell you about the federal and state response to ecosystem threats, both urgent and especially for the long-term?
(CD) - The agencies have an enormous sense of urgency about keeping carp out of the Great Lakes. The December Rapid Response action to keep carp out of the Chicago Sanitary Ship Canal while the Corps of Engineers' electric fence IIA was down was a textbook team effort by local, state, provincial, federal and bi-national agencies that worked. Our goal was to keep carp out of the Great Lakes and in December we won. But that was just one battle. The agencies need to hit the gas on longer term, sustainable solutions.
The Natural Resources Defense Council (NRDC) which has also supported the states' Supreme Court lawsuit responded to the latest action of Illinois and the Federal government in a blog post saying, "We might be forced to wait 10 years for the Army Corps of Engineers to finish a study on permanent solutions to this mess, but it is inevitable that some sort of barrier will have to be put in place to re-establish the separation that existed between the Great Lakes and Mississippi River basin to prevent this dangerous invasive species, and the multitudes of other queued up to follow, from threatening 1/5 of the world’s fresh water. It seems to me that the threat should spur action on its own, but as I’ve noted repeatedly in this slow-motion disaster, the State and Obama administration should seize this moment as the biggest opportunity that this region has seen in a century to fix real problems and begin the real work of improving the environment, economy and commercial transportation infrastructure of the Great Lakes."
Access the release from Michigan AG Cox (click here). Access the release from the Alliance (click here). Access the complete GLTH interview with Davis (click here). Access the lengthy NRDC blog post (click here).
In his release Cox said he is "extremely disappointed by President Obama's choice to protect the narrow interests of his home state of Illinois while ignoring the pleas of Michigan and at least four other Great Lakes states" which have asked the United States Supreme Court for the immediate closure of Chicago-area waterways containing Asian carp. Cox called on Obama to immediately meet with him, Governor Jennifer Granholm, and others to hear first-hand the concerns Great Lakes states have due to the immediate threat posed by the aggressive invasive species.
Cox said, "I am extremely disappointed that President Obama sided with his home state while ignoring the concerns of the millions of families in Michigan, New York, Ohio, Wisconsin and Minnesota, whose jobs and way of life depends on protecting the Great Lakes from this economic and ecological disaster. I am hopeful, however, that by sitting down with us and listening to our concerns, he will come to recognize the urgency of protecting the jobs and ecology of the entire Great Lakes region."
Interestingly, the Obama Administration's Senior Advisor for Great Lakes issues, Cameron Davis, is the former head of the Alliance for the Great Lakes which also stongly supports the Supreme Court legal action initiated by the Michigan Attorney General. In June of 2009 U.S. EPA Administrator Lisa Jackson appointed the long-time Great Lakes advocate Davis to be EPA's Senior Advisor for Great Lakes issues. However, the newly announced Alliance President Joel Brammeier said in a release on December 21, "The Alliance applauds Michigan's move to protect the lakes. Knowing there are carp less than seven miles from Lake Michigan, we have to take every precaution until we know those canals are free from carp and the barrier is not being breached."
So what does EPA's Senior Great Lakes Advisor have to say. The Great Lakes Town Hall (GLTH) recently interviewed Cameron Davis (CD) and published the interview on January 3, 2010, The following is the portion of the interview dealing with the Asian Carp issue.
(GLTH) - After the waters past the electric barrier tested positive for Asian carp DNA, why weren't the locks immediately closed as a precautionary measure until it could be determined if any carp had made it as far as Lake Michigan?
(CD) - Thanks for asking the question because the call for lock closure has been really charged and it's important to have an honest discussion about it. First, the locks are old and leaky. Closing them would provide a false sense of security. But second and more important, the call for lock closure is largely based on eDNA sampling results. We're learning that eDNA is a good early warning system, but it shouldn't be relied on exclusively for making major management decisions. When rotenone (a piscicide) was applied near the Corps of Engineers' electric fences, where lots of Asian carp could have been, we only found one Asian carp. When the Illinois DNR contracted with commercial fishermen -- these people's livelihoods are based on capturing Asian carp among others -- they didn't find a single Asian carp out of hundreds and hundreds of other fish captured. eDNA is a new technology. It's an important color in the palate that helps us paint a picture of what's going out there in a waterway, but it's one color.
(GLTH) - What does the Asian carp emergency teach or tell you about the federal and state response to ecosystem threats, both urgent and especially for the long-term?
(CD) - The agencies have an enormous sense of urgency about keeping carp out of the Great Lakes. The December Rapid Response action to keep carp out of the Chicago Sanitary Ship Canal while the Corps of Engineers' electric fence IIA was down was a textbook team effort by local, state, provincial, federal and bi-national agencies that worked. Our goal was to keep carp out of the Great Lakes and in December we won. But that was just one battle. The agencies need to hit the gas on longer term, sustainable solutions.
The Natural Resources Defense Council (NRDC) which has also supported the states' Supreme Court lawsuit responded to the latest action of Illinois and the Federal government in a blog post saying, "We might be forced to wait 10 years for the Army Corps of Engineers to finish a study on permanent solutions to this mess, but it is inevitable that some sort of barrier will have to be put in place to re-establish the separation that existed between the Great Lakes and Mississippi River basin to prevent this dangerous invasive species, and the multitudes of other queued up to follow, from threatening 1/5 of the world’s fresh water. It seems to me that the threat should spur action on its own, but as I’ve noted repeatedly in this slow-motion disaster, the State and Obama administration should seize this moment as the biggest opportunity that this region has seen in a century to fix real problems and begin the real work of improving the environment, economy and commercial transportation infrastructure of the Great Lakes."
Access the release from Michigan AG Cox (click here). Access the release from the Alliance (click here). Access the complete GLTH interview with Davis (click here). Access the lengthy NRDC blog post (click here).
Monday, January 4, 2010
MI & MN Ask U.S. Supreme Court To Stop Asian Carp
Dec 21: Michigan Attorney General Mike Cox announced that he has filed an action with the United States Supreme Court to immediately order Federal, state, and local officials responsible for Chicago-area locks and waterways to close them in order to stop Asian carp from entering the Great Lakes. According to a release from the AG, "The fish are an aggressive invasive species that could quickly devastate Great Lakes fish populations, causing severe damage to Michigan's economy by ruining the Great Lakes' $7 billion fishing and tourism industries."
AG Cox said, "Stopping Asian carp is an economic and environmental necessity for Michigan. The Great Lakes are an irreplaceable resource. Thousands of jobs are at stake and we will not get a second chance once the carp enter Lake Michigan. The actions of Illinois and federal authorities have not been enough to assure us the Lakes are safe. That's why the waterways must be shut down until we are assured that Michigan will be protected."
The lawsuit filed in the U.S. Supreme Court asks for the following actions: (1) Closure of the locks at the O'Brien Lock and Dam and the Chicago Controlling Works; (2) Operation of the sluice gates at the Wilmette Pumping Station, the O'Brien Lock and Dam, and the Chicago Controlling Works in a manner that will prevent carp from passing into Lake Michigan; (3) Creation of new barriers to prevent carp from escaping from the Des Plaines River into the Chicago Sanitary and Shipping Canal during flood events, and from getting to Lake Michigan through the Grand and Little Calumet Rivers; (4) Comprehensive study of the Chicago waterway system to define where and how many carp are in these waters, and to eradicate them; and (5) Action to permanently separate these waterways from the Great Lakes.
The suit comes after Illinois and Federal authorities reportedly executed the largest fish kill in Illinois history in response to the discovery of Asian carp DNA just miles from Lake Michigan [See WIMS 12/8/09]. Cox said, "The U.S. Army Corps of Engineers has itself admitted allowing Asian carp into the Great Lakes would be an 'ecological and economic disaster. Michigan families whose jobs and way of life depend on the health of the Great Lakes deserve to know there is a long-term solution to this crisis." Cox has appointed veteran assistant attorneys general Peter Manning and Robert Reichel to lead the team of lawyers handling this case.
On December 22, the Minnesota Attorney General Lori Swanson filed a brief joining in the action and supporting the relief requested by Michigan. Minnesota has 140 miles of Lake Superior shoreline. Swanson’s brief points out that recreational and commercial fishing on Lake Superior are important to Minnesota’s economy. The brief indicates that, “Maintaining proper stewardship of the Great Lakes by stopping the entry of Asian carp is essential to the continued use and enjoyment of this important American natural resource.” She cited the December 4, 2009 report of the U.S. Army Corp of Engineers saying, “The prevention of an interbasin transfer of bighead and silver carp from the Illinois River to Lake Michigan is paramount in avoiding an ecologic and economic disaster.”
Swanson’s brief also expresses concern for Minnesota’s regular fishing industry if Asian carp advance into inland Minnesota lakes through Lake Superior: She indicated, “If they invade the Great Lakes, they will have access to the rivers and tributaries that feed into the Great Lakes, thereby threatening inland waters. This would be extremely destructive to Minnesota’s economy and way of life, where inland fishing is an important recreational and economic pursuit. Indeed, Minnesota is known as ‘The Land of 10,000 Lakes,’ and the recreational fishing in Minnesota alone is a $2.725 billion per year industry.”
The Natural Resources Defense Council (NRDC), which lauded the action, issued a release saying the lawsuit re-opens a nearly century-old Supreme Court case against the State of Illinois and the Metropolitan Water Reclamation District of Greater Chicago to force immediate action on the carp issue. Legal and policy experts from NRDC said the suit could "trigger an improvement of the region’s water infrastructure and enhance Great Lakes transportation policy."
Henry Henderson, Director of NRDC's Midwest Program (and a former Commissioner of the Environment for the City of Chicago) who has blogged extensively on the potential for the Supreme Court case to be a viable legal tool to bring increased urgency to the carp crisis said, “Michigan has made a smart move with this bid to re-open the U.S. Supreme Court’s review of threats posed by the Chicago Diversion to the well-being of the Great Lakes ecosystem. The other Great Lakes states should join Michigan in pursuing all available legal steps to permanently separate the Great Lakes from the Mississippi River watershed.
“Throughout this slow-motion disaster we have seen a decided lack of urgency in the actions taken to fend off the carp threat. Hopefully, Michigan’s action will light a fire. Temporary emergency closure of the locks will not fix the problem -- but it will provide breathing room while real, scientifically sound, legally binding solutions are installed and public processes are engaged. This will not be a quick long-term fix. Though only a fraction of the goods passing through the Chicago region are waterborne, there are legitimate shipping and business concerns about the impact that this could have on barge traffic and management of sewage. With the health of the Great Lakes at stake, however, the interests of multi-billion dollar fishing, boating, and tourism industries and the quality of 1/5 of the world’s fresh water should really take precedence.”
Access a release from the Michigan AG (click here). Access a release from the Minnesota AG (click here). Access a release from NRDC with links to related information (click here).
AG Cox said, "Stopping Asian carp is an economic and environmental necessity for Michigan. The Great Lakes are an irreplaceable resource. Thousands of jobs are at stake and we will not get a second chance once the carp enter Lake Michigan. The actions of Illinois and federal authorities have not been enough to assure us the Lakes are safe. That's why the waterways must be shut down until we are assured that Michigan will be protected."
The lawsuit filed in the U.S. Supreme Court asks for the following actions: (1) Closure of the locks at the O'Brien Lock and Dam and the Chicago Controlling Works; (2) Operation of the sluice gates at the Wilmette Pumping Station, the O'Brien Lock and Dam, and the Chicago Controlling Works in a manner that will prevent carp from passing into Lake Michigan; (3) Creation of new barriers to prevent carp from escaping from the Des Plaines River into the Chicago Sanitary and Shipping Canal during flood events, and from getting to Lake Michigan through the Grand and Little Calumet Rivers; (4) Comprehensive study of the Chicago waterway system to define where and how many carp are in these waters, and to eradicate them; and (5) Action to permanently separate these waterways from the Great Lakes.
The suit comes after Illinois and Federal authorities reportedly executed the largest fish kill in Illinois history in response to the discovery of Asian carp DNA just miles from Lake Michigan [See WIMS 12/8/09]. Cox said, "The U.S. Army Corps of Engineers has itself admitted allowing Asian carp into the Great Lakes would be an 'ecological and economic disaster. Michigan families whose jobs and way of life depend on the health of the Great Lakes deserve to know there is a long-term solution to this crisis." Cox has appointed veteran assistant attorneys general Peter Manning and Robert Reichel to lead the team of lawyers handling this case.
On December 22, the Minnesota Attorney General Lori Swanson filed a brief joining in the action and supporting the relief requested by Michigan. Minnesota has 140 miles of Lake Superior shoreline. Swanson’s brief points out that recreational and commercial fishing on Lake Superior are important to Minnesota’s economy. The brief indicates that, “Maintaining proper stewardship of the Great Lakes by stopping the entry of Asian carp is essential to the continued use and enjoyment of this important American natural resource.” She cited the December 4, 2009 report of the U.S. Army Corp of Engineers saying, “The prevention of an interbasin transfer of bighead and silver carp from the Illinois River to Lake Michigan is paramount in avoiding an ecologic and economic disaster.”
Swanson’s brief also expresses concern for Minnesota’s regular fishing industry if Asian carp advance into inland Minnesota lakes through Lake Superior: She indicated, “If they invade the Great Lakes, they will have access to the rivers and tributaries that feed into the Great Lakes, thereby threatening inland waters. This would be extremely destructive to Minnesota’s economy and way of life, where inland fishing is an important recreational and economic pursuit. Indeed, Minnesota is known as ‘The Land of 10,000 Lakes,’ and the recreational fishing in Minnesota alone is a $2.725 billion per year industry.”
The Natural Resources Defense Council (NRDC), which lauded the action, issued a release saying the lawsuit re-opens a nearly century-old Supreme Court case against the State of Illinois and the Metropolitan Water Reclamation District of Greater Chicago to force immediate action on the carp issue. Legal and policy experts from NRDC said the suit could "trigger an improvement of the region’s water infrastructure and enhance Great Lakes transportation policy."
Henry Henderson, Director of NRDC's Midwest Program (and a former Commissioner of the Environment for the City of Chicago) who has blogged extensively on the potential for the Supreme Court case to be a viable legal tool to bring increased urgency to the carp crisis said, “Michigan has made a smart move with this bid to re-open the U.S. Supreme Court’s review of threats posed by the Chicago Diversion to the well-being of the Great Lakes ecosystem. The other Great Lakes states should join Michigan in pursuing all available legal steps to permanently separate the Great Lakes from the Mississippi River watershed.
“Throughout this slow-motion disaster we have seen a decided lack of urgency in the actions taken to fend off the carp threat. Hopefully, Michigan’s action will light a fire. Temporary emergency closure of the locks will not fix the problem -- but it will provide breathing room while real, scientifically sound, legally binding solutions are installed and public processes are engaged. This will not be a quick long-term fix. Though only a fraction of the goods passing through the Chicago region are waterborne, there are legitimate shipping and business concerns about the impact that this could have on barge traffic and management of sewage. With the health of the Great Lakes at stake, however, the interests of multi-billion dollar fishing, boating, and tourism industries and the quality of 1/5 of the world’s fresh water should really take precedence.”
Access a release from the Michigan AG (click here). Access a release from the Minnesota AG (click here). Access a release from NRDC with links to related information (click here).
Wednesday, December 9, 2009
MI To Sue To Close Canal; No Asian Carp Found
Dec 8: Michigan Attorney General Mike Cox announced that his office will file suit in Federal court to force the closure of Chicago-area locks that separate the Great Lakes from Illinois waters shown to contain Asian carp. In a release Cox indicated that the fish are an aggressive invasive species that could quickly destroy Great Lakes fish populations, causing severe damage to Michigan's economy by ruining our $7 billion fishing and tourism industries.
Cox said, "Asian carp must be stopped now because we will not have a second chance once they enter Lake Michigan. The combination of finding carp and carp DNA so close to Lake Michigan is something that should cause great concern for us all.The Great Lakes are our greatest natural resource and we have a duty handed down to us from past generations to preserve them for future generations. They are also essential to our economy, our national image, and our way of life. We will do whatever is necessary to protect them," Cox continued.
The Attorney General indicated that his office spent recent weeks reviewing legal options to force authorities responsible for the Chicago Ship and Sanitary Canal to take more aggressive action to stop the carp from entering Lake Michigan at Chicago. The suit, which will be filed soon, will seek to force the U.S. Army Corps of Engineers, the State of Illinois, and the Metropolitan Water Reclamation District of Greater Chicago to close the locks and present a comprehensive, long-term solution to the crisis.
Cox said, "While this week's actions based on DNA evidence may be a step forward toward protecting the Great Lakes, they fail to provide a long-term solution to this crisis. Instead of having to sound the emergency alarms again one month or six months from now, authorities responsible for this situation must seize this opportunity to once and for all solve the problem." Last week the Attorney General sent a letter to these authorities demanding a full explanation of their plans to protect the Great Lakes from this looming threat. He said to date, none have responded.
Meanwhile, on December 8, U.S. EPA, the Army Corps, Illinois EPA and the Coast Guard issued a joint release indicating that no Asian Carp were found above electrical barrier designed to halt the migration before entering Lake Michigan. The release indicates, "The Asian Carp Rapid Response Workgroup has completed fishing operations near the T.J. O’Brien Lock in an attempt to locate Asian carp after eDNA sampling in the area tested positive for the invasive species. The Workgroup used commercial fishermen and federal fisheries personnel to deploy nearly 3,000 yards of fishing nets along a 5.5-mile stretch of the Cal-Sag Channel. While the nets were successful in collecting more than 800 fish, no Asian carp were found. The catch included more than 700 common carp and 10 other species."
Access a release from the AG (click here). Access a release from the workgroup (click here). Access the Asian Carp Management website for extensive information (click here).
Cox said, "Asian carp must be stopped now because we will not have a second chance once they enter Lake Michigan. The combination of finding carp and carp DNA so close to Lake Michigan is something that should cause great concern for us all.The Great Lakes are our greatest natural resource and we have a duty handed down to us from past generations to preserve them for future generations. They are also essential to our economy, our national image, and our way of life. We will do whatever is necessary to protect them," Cox continued.
The Attorney General indicated that his office spent recent weeks reviewing legal options to force authorities responsible for the Chicago Ship and Sanitary Canal to take more aggressive action to stop the carp from entering Lake Michigan at Chicago. The suit, which will be filed soon, will seek to force the U.S. Army Corps of Engineers, the State of Illinois, and the Metropolitan Water Reclamation District of Greater Chicago to close the locks and present a comprehensive, long-term solution to the crisis.
Cox said, "While this week's actions based on DNA evidence may be a step forward toward protecting the Great Lakes, they fail to provide a long-term solution to this crisis. Instead of having to sound the emergency alarms again one month or six months from now, authorities responsible for this situation must seize this opportunity to once and for all solve the problem." Last week the Attorney General sent a letter to these authorities demanding a full explanation of their plans to protect the Great Lakes from this looming threat. He said to date, none have responded.
Meanwhile, on December 8, U.S. EPA, the Army Corps, Illinois EPA and the Coast Guard issued a joint release indicating that no Asian Carp were found above electrical barrier designed to halt the migration before entering Lake Michigan. The release indicates, "The Asian Carp Rapid Response Workgroup has completed fishing operations near the T.J. O’Brien Lock in an attempt to locate Asian carp after eDNA sampling in the area tested positive for the invasive species. The Workgroup used commercial fishermen and federal fisheries personnel to deploy nearly 3,000 yards of fishing nets along a 5.5-mile stretch of the Cal-Sag Channel. While the nets were successful in collecting more than 800 fish, no Asian carp were found. The catch included more than 700 common carp and 10 other species."
Access a release from the AG (click here). Access a release from the workgroup (click here). Access the Asian Carp Management website for extensive information (click here).
Friday, November 20, 2009
IJC On Asian Carp: "A Battle That We Cannot Afford To Lose"
Nov 19: In letters sent to the Governor of Illinois, the U.S Army Corps of Engineers, the U.S. EPA and the Council on Environmental Quality, the International Joint Commission (IJC) expressed its concerns that Asian carp could invade the Great Lakes by way of the Chicago Sanitary and Ship Canal. The IJC said it is concerned that the electric barrier could be breached by a single power outage, or that a heavy rain storm could cause flooding that would allow the carp to migrate into the canal from the Des Plaines River.
The IJC indicated it supports the Barrier Advisory Panel's recommendation to construct a physical separation between the Des Plaines River and the Chicago Sanitary Ship Canal. The IJC also supports action to close off the canal and Deep Run Creek in a manner that would permit storm water discharge while precluding the passage of Asian Carp. Further, a rapid response effort must be undertaken as soon as possible to push back the Asian carp and allow the Army Corps of Engineers to conduct scheduled maintenance of the electric barrier and complete the construction of a second electric barrier [See WIMS 11/16/09].
Herb Gray, Canadian Section chair of the IJC said, "We must stop Asian carp and other species before they use the Chicago Sanitary Canal to invade the entire Great Lakes system that is shared by Canada and the United States." Irene Brooks, U.S. Section chair of the IJC said, "Invasive species such as Asian carp are the foremost threat to the biological integrity of the Great Lakes basin ecosystem. The impact of invasive species already in the system, from the sea lamprey to the zebra mussel, serve as harbingers of the economic and environmental costs to come if this crucial threat is not controlled."
The letters state, ". . .we urge you to take immediate action to cut through any and all administrative and bureaucratic obstacles that exist. . . so that. . .agencies involved can execute the plans without delay. Response personnel must be given every opportunity possible to eliminate the risk of this invasion by Asian carp and avoid almost certain disastrous economic and environmental consequences to the Great Lakes, a unique resource shared between the United States and Canada. This is a battle that we cannot afford to lose."
Meanwhile, the Milwaukee Journal Sentinel reported on November 19, that the "decade-old battle to keep Asian carp out of the Great Lakes might be over." Citing new Asian Carp DNA research that shows the fish likely have made it past the $9 million electric fish barrier on the Chicago Sanitary and Ship Canal. Information released by the Chicago District of the Army Corps of Engineers on November 20, indicates areas above the electric barrier on the Calumet Sag Channel as far as the Obrien Lock where Asian Carp DNA was recently detected. The sampling was done on October 10, 2009.
On November 20, reacting to the new testing showing the presence of Asian carp DNA past the electric barrier and adjacent to the O’Brien Lock just 6 miles south of Lake Michigan in the Calumet River, the Alliance for the Great Lakes joined other conservation groups including National Wildlife Federation, Great Lakes United, and the Healing Our Waters-Great Lakes Coalition in calling for an immediate closure of all Chicago waterways and locks leading to Lake Michigan "in a last-ditch attempt to keep the destructive Asian carp from invading the Great Lakes."
The groups demanded that "the U.S. Army Corps of Engineers and state of Illinois close the O'Brien, Chicago River and Wilmette locks until monitoring results show the waterways are completely clear of bighead and silver carp and that an electric barrier built to keep them out of Lake Michigan and the other Great Lakes has not been breached."
Access a release from IJC (click here). Access the letters (click here). Access the Milwaukee Journal Sentinel article (click here). Access the Army Corps information (click here). Access the Army Corps website for more information on the Asian Carp migration (click here). Access a release from the Alliance with links to additional information (click here). Access a report from the Detroit Free Press (click here).
The IJC indicated it supports the Barrier Advisory Panel's recommendation to construct a physical separation between the Des Plaines River and the Chicago Sanitary Ship Canal. The IJC also supports action to close off the canal and Deep Run Creek in a manner that would permit storm water discharge while precluding the passage of Asian Carp. Further, a rapid response effort must be undertaken as soon as possible to push back the Asian carp and allow the Army Corps of Engineers to conduct scheduled maintenance of the electric barrier and complete the construction of a second electric barrier [See WIMS 11/16/09].
Herb Gray, Canadian Section chair of the IJC said, "We must stop Asian carp and other species before they use the Chicago Sanitary Canal to invade the entire Great Lakes system that is shared by Canada and the United States." Irene Brooks, U.S. Section chair of the IJC said, "Invasive species such as Asian carp are the foremost threat to the biological integrity of the Great Lakes basin ecosystem. The impact of invasive species already in the system, from the sea lamprey to the zebra mussel, serve as harbingers of the economic and environmental costs to come if this crucial threat is not controlled."
The letters state, ". . .we urge you to take immediate action to cut through any and all administrative and bureaucratic obstacles that exist. . . so that. . .agencies involved can execute the plans without delay. Response personnel must be given every opportunity possible to eliminate the risk of this invasion by Asian carp and avoid almost certain disastrous economic and environmental consequences to the Great Lakes, a unique resource shared between the United States and Canada. This is a battle that we cannot afford to lose."
Meanwhile, the Milwaukee Journal Sentinel reported on November 19, that the "decade-old battle to keep Asian carp out of the Great Lakes might be over." Citing new Asian Carp DNA research that shows the fish likely have made it past the $9 million electric fish barrier on the Chicago Sanitary and Ship Canal. Information released by the Chicago District of the Army Corps of Engineers on November 20, indicates areas above the electric barrier on the Calumet Sag Channel as far as the Obrien Lock where Asian Carp DNA was recently detected. The sampling was done on October 10, 2009.
On November 20, reacting to the new testing showing the presence of Asian carp DNA past the electric barrier and adjacent to the O’Brien Lock just 6 miles south of Lake Michigan in the Calumet River, the Alliance for the Great Lakes joined other conservation groups including National Wildlife Federation, Great Lakes United, and the Healing Our Waters-Great Lakes Coalition in calling for an immediate closure of all Chicago waterways and locks leading to Lake Michigan "in a last-ditch attempt to keep the destructive Asian carp from invading the Great Lakes."
The groups demanded that "the U.S. Army Corps of Engineers and state of Illinois close the O'Brien, Chicago River and Wilmette locks until monitoring results show the waterways are completely clear of bighead and silver carp and that an electric barrier built to keep them out of Lake Michigan and the other Great Lakes has not been breached."
Access a release from IJC (click here). Access the letters (click here). Access the Milwaukee Journal Sentinel article (click here). Access the Army Corps information (click here). Access the Army Corps website for more information on the Asian Carp migration (click here). Access a release from the Alliance with links to additional information (click here). Access a report from the Detroit Free Press (click here).
Monday, November 16, 2009
Ship Canal To Close For Asian Carp Barrier Maintenance
Nov 13: Illinois Department of Natural Resources (IDNR) and the U.S. Army Corps of Engineers (ACOE) announced that a section of the Chicago Sanitary and Ship Canal (CSSC) is planned to be closed to all traffic, weather permitting, beginning December 2 for a period of four to five days. During the first week of December, the ACOE is planning to perform scheduled maintenance on Barrier IIA, one of two electric barriers presently in operation on the Chicago Sanitary and Ship Canal constructed to prevent the movement of the destructive Asian carp into Lake Michigan and the Great Lakes. Performing scheduled maintenance is required in order to maintain reliability of the structures and minimize the risk of unplanned outages due to inadequate maintenance.
During the maintenance shutdown, Barrier I will remain active. However, because of late summer detection of Asian carp near the barrier system and concern that Barrier I may not be effective in deterring juvenile fish, a fish toxicant called rotenone will be applied to the canal between the barrier and the Lockport Lock and Dam. The application will allow for the removal of Asian carp and other fish to keep them from advancing past the barrier toward Lake Michigan. Illinois EPA water quality experts will be monitoring downstream of the application zone to ensure that the waters of the state are protected, and the chemicals do not move beyond the designated application area.
IDNR Assistant Director John Rogner said, “The barrier is currently the only protection against Asian carp for the Great Lakes and the maintenance shutdown may present an opportunity for the destructive fish to advance up the canal toward Lake Michigan. During this process, the U.S. Coast Guard will be enforcing a safety zone and the Chicago Sanitary and Ship Canal (CSSC) will be closed to all commercial and recreational vessel traffic between CSSC Mile Marker 291 and CSSC Mile Marker 298.
Michigan Lt. Governor John Cherry issued a release saying that because work on the planned second part of the existing barrier (2B) isn't complete, an emergency response plan was announced to ensure that carp are contained when Barrier 2A is deactivated for planned maintenance in December. Cherry said, "Michigan has supported plans to protect the Great Lakes during a period when the existing barrier may be deactivated for maintenance, however, these emergency response efforts fall short of the long term solution needed. We know the damage Asian Carp would cause if they reached the Great Lakes, and we must take every available action to prevent that from happening."
Cherry called for the following actions: completion of work on Barrier 2B; full power operation of Barrier 2A (currently operating at half power); installation of a physical barrier to prevent carp, detected in the nearby Des Plaines River, from entering the Chicago Sanitary and Shipping Canal during periods of flooding; and making the CSSC a priority as the Corps of Engineers studies a range of options and technologies to prevent the transfer of aquatic invasive species.
Access an announcement from IDNR and link to more information on the Asian Carp (click here). Access a Federal Register announcement [74 FR 58545-58550, 11/13/09] from the Coast Guard (click here). Access a release from Lt. Governor Cherry (click here).
During the maintenance shutdown, Barrier I will remain active. However, because of late summer detection of Asian carp near the barrier system and concern that Barrier I may not be effective in deterring juvenile fish, a fish toxicant called rotenone will be applied to the canal between the barrier and the Lockport Lock and Dam. The application will allow for the removal of Asian carp and other fish to keep them from advancing past the barrier toward Lake Michigan. Illinois EPA water quality experts will be monitoring downstream of the application zone to ensure that the waters of the state are protected, and the chemicals do not move beyond the designated application area.
IDNR Assistant Director John Rogner said, “The barrier is currently the only protection against Asian carp for the Great Lakes and the maintenance shutdown may present an opportunity for the destructive fish to advance up the canal toward Lake Michigan. During this process, the U.S. Coast Guard will be enforcing a safety zone and the Chicago Sanitary and Ship Canal (CSSC) will be closed to all commercial and recreational vessel traffic between CSSC Mile Marker 291 and CSSC Mile Marker 298.
Michigan Lt. Governor John Cherry issued a release saying that because work on the planned second part of the existing barrier (2B) isn't complete, an emergency response plan was announced to ensure that carp are contained when Barrier 2A is deactivated for planned maintenance in December. Cherry said, "Michigan has supported plans to protect the Great Lakes during a period when the existing barrier may be deactivated for maintenance, however, these emergency response efforts fall short of the long term solution needed. We know the damage Asian Carp would cause if they reached the Great Lakes, and we must take every available action to prevent that from happening."
Cherry called for the following actions: completion of work on Barrier 2B; full power operation of Barrier 2A (currently operating at half power); installation of a physical barrier to prevent carp, detected in the nearby Des Plaines River, from entering the Chicago Sanitary and Shipping Canal during periods of flooding; and making the CSSC a priority as the Corps of Engineers studies a range of options and technologies to prevent the transfer of aquatic invasive species.
Access an announcement from IDNR and link to more information on the Asian Carp (click here). Access a Federal Register announcement [74 FR 58545-58550, 11/13/09] from the Coast Guard (click here). Access a release from Lt. Governor Cherry (click here).
Friday, October 2, 2009
HOW Coalition Says Coast Guard Action On Invasive "Too Slow"
Oct 2: The U.S. Coast Guard is holding a hearing in Chicago, on a proposed rule to protect the Great Lakes and other U.S. waters from the introduction of aquatic invasive species via ballast water discharge. Hearings were also held in Seattle, WA (September 28) and New Orleans, LA (September 30). Additional hearings will be held in Washington, DC (October 8), Oakland, CA (October 27) and New York, NY (October 29). The comment period on the proposed rulemaking for Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters [74 FR 44631-44672, 8/28/09]; and a Draft Programmatic Environmental Impact Statement (PEIS) for the standards [74 FR 44673-44674, 8/28/09] ends on November 27, 2009.
Andy Buchsbaum, co-chair of the Healing Our Waters-Great Lakes Coalition, commented on the proposed regulations and said, “Invasive species from ballast water have infected the Great Lakes like a cancer. We need strong medicine to stop this disease, and we need it fast. The Coast Guard rule could be that medicine -- but right now it’s too slow and it has too many loopholes. The Coast Guard has set a standard that is as environmentally protective as the toughest state law. That’s good. But the timeline for implementing the standard is weak. Ocean-going ships could avoid complying until after 2020. And there are loopholes that extend the deadline even farther. The Great Lakes will be irreparably damaged by that time.
Access a release from HOW (click here). Access the HOW website for more information (click here). Access the proposed rule FR announcement (click here). Access the draft PEIS FR announcement (click here). Access the combined docket USCG-2001-10486 for both actions for complete background and to submit and review comments (click here).
Andy Buchsbaum, co-chair of the Healing Our Waters-Great Lakes Coalition, commented on the proposed regulations and said, “Invasive species from ballast water have infected the Great Lakes like a cancer. We need strong medicine to stop this disease, and we need it fast. The Coast Guard rule could be that medicine -- but right now it’s too slow and it has too many loopholes. The Coast Guard has set a standard that is as environmentally protective as the toughest state law. That’s good. But the timeline for implementing the standard is weak. Ocean-going ships could avoid complying until after 2020. And there are loopholes that extend the deadline even farther. The Great Lakes will be irreparably damaged by that time.
Access a release from HOW (click here). Access the HOW website for more information (click here). Access the proposed rule FR announcement (click here). Access the draft PEIS FR announcement (click here). Access the combined docket USCG-2001-10486 for both actions for complete background and to submit and review comments (click here).
Monday, August 31, 2009
Proposed Rules & PEIS For Ballast Discharge Standards
Aug 28: The U.S. Coast Guard has issued a notice of proposed rulemaking for Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters [74 FR 44631-44672, 8/28/09]; and a Draft Programmatic Environmental Impact Statement (PEIS) for the standards [74 FR 44673-44674, 8/28/09].
In the proposed rulemaking, the Coast Guard proposes to amend its regulations on ballast water management by establishing standards for the allowable concentration of living organisms in ships' ballast water discharged in U.S. waters. The Coast Guard also proposes to amend its regulations for approving engineering equipment by establishing an approval process for ballast water management systems. The Coast Guard says the new regulations would aid in controlling the introduction and spread of nonindigenous species from ships discharging ballast water in U.S. waters.
The availability of a Draft PEIS for the rulemaking provides an assessment of the potential environmental impacts associated with the proposed establishment of ballast water discharge standards. The standards would be used to approve alternative ballast water management methods that are effective in preventing or reducing the introduction of nonindigenous species via discharged ballast water into United States waters. Comments and related material on the proposed rules and the draft PEIS must be submitted on or before November 27, 2009.
Access the proposed rule FR announcement (click here). Access the draft PEIS FR announcement (click here). Access the combined docket USCG-2001-10486 for both actions (click here).
In the proposed rulemaking, the Coast Guard proposes to amend its regulations on ballast water management by establishing standards for the allowable concentration of living organisms in ships' ballast water discharged in U.S. waters. The Coast Guard also proposes to amend its regulations for approving engineering equipment by establishing an approval process for ballast water management systems. The Coast Guard says the new regulations would aid in controlling the introduction and spread of nonindigenous species from ships discharging ballast water in U.S. waters.
The availability of a Draft PEIS for the rulemaking provides an assessment of the potential environmental impacts associated with the proposed establishment of ballast water discharge standards. The standards would be used to approve alternative ballast water management methods that are effective in preventing or reducing the introduction of nonindigenous species via discharged ballast water into United States waters. Comments and related material on the proposed rules and the draft PEIS must be submitted on or before November 27, 2009.
Access the proposed rule FR announcement (click here). Access the draft PEIS FR announcement (click here). Access the combined docket USCG-2001-10486 for both actions (click here).
Monday, December 22, 2008
New Vessel General Permit Compliance Delayed Until Feb. 6
On December 18, U.S. EPA announced a new 2008 Vessel General Permit (VGP) that would reduce releases of 26 types of discharges from vessels operating in U.S. waters [See WIMS 12/19/08]. The regulation affects, approximately 61,000 domestically flagged commercial vessels and 8,000 foreign flagged vessels that will need to comply with the permit. The VGP was to take effect on December 19, 2008; however, the U.S. District Court for the Northern District of California signed an order providing that "the exemption for discharges incidental to the normal operation of a vessel, contained in 40 C.F.R. § 122.3(a), is vacated as of February 6, 2009." Therefore, the regulated community need not comply with the terms of the new permit until February 6, 2009. More information on how the court order affects the "effective date" and other dates in the permit is available from the prepublication copies of the Federal Register Notices available from the website below.
Access extensive information on the Final Vessel General Permit including prepublication copies of the regulations and a fact sheet (click here).
Access extensive information on the Final Vessel General Permit including prepublication copies of the regulations and a fact sheet (click here).
Friday, December 19, 2008
EPA Announces New General Permit For Water Discharges
Dec 18: U.S. EPA announced a new general permit will reduce releases of 26 types of discharges from vessels operating in U.S. waters. Beginning December 19, approximately 61,000 domestically flagged commercial vessels and 8,000 foreign flagged vessels will need to comply with the permit. As a result of a court ruling, vessel owners and operators who have previously been exempt from Clean Water Act (CWA) requirements for the last 35 years will now require a permit starting December 19. EPA Assistant Administrator for Water Benjamin Grumbles said, “EPA met the deadline and delivered a protective and practical permit to protect the nation’s waterways from ship-borne pollution and to avoid an environmental and economic shipwreck." EPA said without the permit, all shipping within U.S. waters could come to a halt because of liability risks.
The permit covers non-recreational vessels 79 feet in length or longer, such as cruise ships or oil and cargo tankers, but excludes fishing vessels of any length, unless they discharge ballast water. The new permit incorporates the Coast Guard’s mandatory ballast water management and exchange standards, and provides technology-based and water-quality-based effluent limits for other types of discharges, including deck runoff from rain or cleaning, ballast water used to stabilize ships and “gray water” from showers, sinks and laundry machines. It also establishes specific corrective actions, inspections and monitoring, recordkeeping and reporting requirements. Earlier in the year, Congress responded to the court ruling in part by enacting a law to exempt recreational vessels from the permitting requirement and requiring further analysis and action by EPA and the Coast Guard.
Access a brief release from EPA (click here). Access extensive information on the Final Vessel General Permit (click here).
The permit covers non-recreational vessels 79 feet in length or longer, such as cruise ships or oil and cargo tankers, but excludes fishing vessels of any length, unless they discharge ballast water. The new permit incorporates the Coast Guard’s mandatory ballast water management and exchange standards, and provides technology-based and water-quality-based effluent limits for other types of discharges, including deck runoff from rain or cleaning, ballast water used to stabilize ships and “gray water” from showers, sinks and laundry machines. It also establishes specific corrective actions, inspections and monitoring, recordkeeping and reporting requirements. Earlier in the year, Congress responded to the court ruling in part by enacting a law to exempt recreational vessels from the permitting requirement and requiring further analysis and action by EPA and the Coast Guard.
Access a brief release from EPA (click here). Access extensive information on the Final Vessel General Permit (click here).
Tuesday, October 28, 2008
Viral Hemorrhagic Septicemia Interim Regs Delayed
Oct 28: The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) issued a Federal Register notice [73 FR 63867] to delay the effective date of its interim regulations announced on September 9 [[73 FR 52173-52189, See WIMS 9/9/08] to restrict the interstate movement and importation into the United States of live fish that are susceptible to viral hemorrhagic septicemia (VHS), the highly contagious disease of certain fresh and saltwater fish.
APHIS indicated that the interim rule which was scheduled to become effective on November 10, 2008, will be delayed until January 9, 2009. The delay will provide APHIS with time "to consider all comments and make some adjustments to the interim rule that may be necessary in order to successfully implement it."
In its notice to delay the effective date, APHIS said, "Since publication of the interim rule, we have received comments that address a variety of issues. These issues include the feasibility of the requirement in the interim rule for a visual inspection of regulated fish 72 hours prior to shipment, the provision that Interstate Certificates of Inspection allowing interstate movement of live fish will be valid for 30 days from the date of issuance, and the provision that laboratory testing is valid for 30 days from the date of sample collection for fish held in a water source that is not a secure water source.
"Based on our review of the comments received to date, we consider it advisable to delay the effective date of the interim rule from November 10, 2008, until January 9, 2009, while retaining November 10, 2008, as the close of the comment period for the interim rule and October 9, 2008, as the close of the comment period for the environmental assessment. This additional time will allow APHIS to consider all comments and make some adjustments to the interim rule that may be necessary in order to successfully implement it."
In its original Interim Rule announcement, APHIS indicated that ballast water is a potential pathway for VHS virus; however, APHIS said it "has neither the regulatory authority nor the technical expertise to safely regulate ballast water discharge. Therefore, we do not address ballast water in this interim rule. APHIS will assist the U.S. Coast Guard, which has clear regulatory authority for ballast water, in their development of ballast water discharge standards."
Access the FR announcement (click here). Access the docket for this action to review and submit comments and access documents including the EA and economic assessment (click here). Access a list of species regulated by the order (click here).
APHIS indicated that the interim rule which was scheduled to become effective on November 10, 2008, will be delayed until January 9, 2009. The delay will provide APHIS with time "to consider all comments and make some adjustments to the interim rule that may be necessary in order to successfully implement it."
In its notice to delay the effective date, APHIS said, "Since publication of the interim rule, we have received comments that address a variety of issues. These issues include the feasibility of the requirement in the interim rule for a visual inspection of regulated fish 72 hours prior to shipment, the provision that Interstate Certificates of Inspection allowing interstate movement of live fish will be valid for 30 days from the date of issuance, and the provision that laboratory testing is valid for 30 days from the date of sample collection for fish held in a water source that is not a secure water source.
"Based on our review of the comments received to date, we consider it advisable to delay the effective date of the interim rule from November 10, 2008, until January 9, 2009, while retaining November 10, 2008, as the close of the comment period for the interim rule and October 9, 2008, as the close of the comment period for the environmental assessment. This additional time will allow APHIS to consider all comments and make some adjustments to the interim rule that may be necessary in order to successfully implement it."
In its original Interim Rule announcement, APHIS indicated that ballast water is a potential pathway for VHS virus; however, APHIS said it "has neither the regulatory authority nor the technical expertise to safely regulate ballast water discharge. Therefore, we do not address ballast water in this interim rule. APHIS will assist the U.S. Coast Guard, which has clear regulatory authority for ballast water, in their development of ballast water discharge standards."
Access the FR announcement (click here). Access the docket for this action to review and submit comments and access documents including the EA and economic assessment (click here). Access a list of species regulated by the order (click here).
Monday, September 29, 2008
Great Lakes Interim Final Rule On Discharge Of Dry Cargo Residue
Sep 29: The U.S. Coast Guard announced in the Federal Register [73 FR 56492-56501] that it is amending its regulations to allow the discharge of bulk dry cargo residue (DCR) in limited areas of the Great Lakes by self-propelled vessels and by any barge that is part of an integrated tug and barge unit. DCR is the residue of non-toxic and non-hazardous bulk dry cargo like limestone, iron ore, and coal. The regulations also add new recordkeeping and reporting requirements and encourage carriers to adopt voluntary control measures for reducing discharges. Discharges are now prohibited in certain protected and sensitive areas where, previously, they were allowed. The Coast Guard also requests public comments on the need for and feasibility of additional conditions that might be imposed on discharges in the future, such as mandatory use of control measures, or further adjustments to the areas where discharges are allowed or prohibited.
The interim final rule takes effect September 29, 2008. Initial reports under amended 33 CFR 151.66(c)(4) are due January 15, 2009. Comments and related material submitted in response to the request for comments must be received before January 15, 2009. The action follows a May 23, 2008, notice of the rulemaking and of the availability of a Draft Environmental Impact Statement (DEIS). The Coast Guard says it received written comments on the proposed rule from 55 sources, and heard from 3 commenters at two public meetings in Duluth, MN, and Cleveland, OH, An additional notice of the Final Environmental Impact Statement (FEIS) and the Record of Decision (ROD)was announced on August 22, 2008.
In response to public comments, the Coast Guard extended the areas where DCR discharges are prohibited to include waters within three miles of shore at the following sites: Indiana Dunes and Sleeping Bear National Lakeshores on Lake Michigan and Grand Portage National Monument and Apostle Islands and Pictured Rocks National Lakeshores on Lake Superior.
Access the FR notice (click here). Access the docket for this rulemaking for background information and to review and submit comments (click here).
The interim final rule takes effect September 29, 2008. Initial reports under amended 33 CFR 151.66(c)(4) are due January 15, 2009. Comments and related material submitted in response to the request for comments must be received before January 15, 2009. The action follows a May 23, 2008, notice of the rulemaking and of the availability of a Draft Environmental Impact Statement (DEIS). The Coast Guard says it received written comments on the proposed rule from 55 sources, and heard from 3 commenters at two public meetings in Duluth, MN, and Cleveland, OH, An additional notice of the Final Environmental Impact Statement (FEIS) and the Record of Decision (ROD)was announced on August 22, 2008.
In response to public comments, the Coast Guard extended the areas where DCR discharges are prohibited to include waters within three miles of shore at the following sites: Indiana Dunes and Sleeping Bear National Lakeshores on Lake Michigan and Grand Portage National Monument and Apostle Islands and Pictured Rocks National Lakeshores on Lake Superior.
Access the FR notice (click here). Access the docket for this rulemaking for background information and to review and submit comments (click here).
Subscribe to:
Comments (Atom)
