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).
Wednesday, January 13, 2010
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).
Friday, January 8, 2010
Great Lakes Initiative Interagency Funding Guide
Jan 8: U.S. EPA's Great Lakes National Program Office announced that the Great Lakes Restoration Initiative’s (GLRI's) Interagency Funding Guide has been updated. It provides one-stop-shopping for applicants interested in applying for over $250 million in grants and project agreements available through the GLRI. The grants and project agreements are intended to jump-start achievement of the Initiative’s long term goals: safely eating the fish and swimming at our beaches, assuring safe drinking water, and providing a healthy ecosystem for fish and wildlife. The Interagency Funding Guide also includes status information on offerings which are open (offerings from EPA and Fish and Wildlife) and those which have closed (offerings from NOAA and through Sustain Our Great Lakes).
Access an overview and the 20 page guide in Scribd or PDF formats (click here).
Access an overview and the 20 page guide in Scribd or PDF formats (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).
Wednesday, January 6, 2010
ICR Great Lakes Restoration Initiative Accountability System
Jan 5: U.S. EPA has issued a Federal Register information collection request (ICR) for comments on the Great Lakes Accountability System [75 FR 362-364, 1/5/10]. In 2010, EPA, in concert with its Federal partners, will begin implementation of a new Great Lakes Restoration Initiative (GLRI) which was included in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (Pub. L. 111-88). The GLRI will invest some $475 million in programs and projects strategically chosen to target the most significant environmental problems in the Great Lakes ecosystem.
The legislation calls for increased accountability for the GLRI and directs EPA to implement a process to track, measure and report on progress. As part of the process, Federal and non-Federal entities receiving GLRI funds will be required to submit detailed information on GLRI projects as part of their funding agreement. Recipients will be required to provide project-level information on the nature of the activity, responsible organization, organizational point of contact, resource levels, geographic location, major milestones and progress toward GLRI goals. The information is necessary to provide an accurate depiction of activities, progress and results. Information would be entered and updated on at least a quarterly basis.
A web-based Great Lakes Accountability System (GLAS) is being developed as the primary mechanism for collecting information on GLRI activities. The website will contain a user-friendly data entry interface for recipients to enter and submit project information directly into the GLAS. The data entry interface will consist of a series of screens containing pull-down menus and text boxes, where users can enter project specific information. The GLAS will provide the necessary information for reports to the President and will be accessible to the public via Internet.
Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection. Comments must be submitted on or before March 8, 2010.
Access the FR announcement (click here). Access the EPA docket for this action for background and to review and submit comments and (click here).
The legislation calls for increased accountability for the GLRI and directs EPA to implement a process to track, measure and report on progress. As part of the process, Federal and non-Federal entities receiving GLRI funds will be required to submit detailed information on GLRI projects as part of their funding agreement. Recipients will be required to provide project-level information on the nature of the activity, responsible organization, organizational point of contact, resource levels, geographic location, major milestones and progress toward GLRI goals. The information is necessary to provide an accurate depiction of activities, progress and results. Information would be entered and updated on at least a quarterly basis.
A web-based Great Lakes Accountability System (GLAS) is being developed as the primary mechanism for collecting information on GLRI activities. The website will contain a user-friendly data entry interface for recipients to enter and submit project information directly into the GLAS. The data entry interface will consist of a series of screens containing pull-down menus and text boxes, where users can enter project specific information. The GLAS will provide the necessary information for reports to the President and will be accessible to the public via Internet.
Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection. Comments must be submitted on or before March 8, 2010.
Access the FR announcement (click here). Access the EPA docket for this action for background and to review and submit comments and (click here).
FY 2010 Request For Fish & Wildlife Project Proposals
Dec 21: The Great Lakes Fish and Wildlife Restoration Act of 2006 (GLFWRA) Grant Program provides Federal grants on a competitive basis to states, tribes and other interested entities to encourage cooperative conservation, restoration and management of fish and wildlife resources and their habitat in the Great Lakes basin. The U.S. Fish and Wildlife Service is requesting project pre-proposals that focus on the restoration of fish and/or wildlife resources and their habitats in the Great Lakes Basin. Supported in part by President Obama’s Great Lakes Restoration Initiative (GLRI), a total of $8 million will be available to support projects this fiscal year. This represents the largest amount appropriated for this effort since the grants program began in 1998. Pre-proposals are due on Friday, January 22, 2010, by 11 PM EST.
Access links to complete information including the RFP, releases and related information (click here).
Access links to complete information including the RFP, releases and related information (click here).
Draft Lake Superior Aquatic Invasive Species Plan
Dec 23: U.S. EPA's Great Lakes National Program Office has release the Draft Lake Superior Aquatic Invasive Species Complete Prevention Plan and is soliciting comments by February 26, 2010. The Lake Superior Binational Program developed the draft Plan for the lake which identifies the pathways aquatic invasive species use to enter and become established in the lake. The Plan recommends prevention actions that need to be newly implemented, in addition to existing efforts, in order to close existing pathways on both sides of the border and prevent new aquatic invasive species from entering the Lake Superior ecosystem.
A series of conference calls will be scheduled for February 2010. On these calls, the plan will be presented via a webcast, and comments will be welcome. In addition, a series of workshops will be held in the spring and summer of 2010 to provide additional information and answer questions. Additional workshop details will be available in early 2010. After the comment period closes on February 26, all comments will be considered and the Plan will be revised and finalized accordingly. An implementation plan will then be written and circulated which will help relevant agencies and organizations incorporate prevention actions and activities into their respective work plans.
Access an overview, links to the complete draft Plan, on-line commenting and related information (click here). Access the EPA Great Lakes website for links to extensive information (click here).
A series of conference calls will be scheduled for February 2010. On these calls, the plan will be presented via a webcast, and comments will be welcome. In addition, a series of workshops will be held in the spring and summer of 2010 to provide additional information and answer questions. Additional workshop details will be available in early 2010. After the comment period closes on February 26, all comments will be considered and the Plan will be revised and finalized accordingly. An implementation plan will then be written and circulated which will help relevant agencies and organizations incorporate prevention actions and activities into their respective work plans.
Access an overview, links to the complete draft Plan, on-line commenting and related information (click here). Access the EPA Great Lakes website for links to extensive information (click here).
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