Supreme Court Denies 2nd Request For Injunction On Asian Carp

Mar 22: In a brief order note from the U.S. Supreme Court, the High Court indicated "The renewed motion of Michigan for preliminary injunction is denied." On February 4, 2010, Michigan Attorney General Michael Cox filed his renewed motion for preliminary injunction [See WIMS 2/4/10]. In his request, Cox said, "Michigan renews its Motion for Preliminary Injunction based upon new developments since the entry of the Court's January 19, 2010 Order denying that initial motion. Two significant circumstances have since occurred that demonstrate more than ever the need for immediate injunctive relief to prevent the movement of bighead and silver carp through the Chicago Waterway System into the Great Lakes. Three major environmental groups -- Alliance for the Great Lakes (Alliance), National Wildlife Federation (NWF), and Natural Resources Defense Council (NRDC), filed a friend of the court brief urging the U.S. Supreme Court to take up the Michigan lawsuit, filed by Cox [See WIMS 2/19/10].

 

    In his request, Cox outlined the significant circumstances as: (1) Silver carp environmental DNA has been recovered both in water samples from the Calumet River lakeward of the O'Brien Locks and from Calumet Harbor, which is essentially in Lake Michigan; and, (2) Despite this new evidence of the increasingly imminent threat to the Great Lakes, neither the Army Corps of Engineers (Corps) nor the State of Illinois have lived up to their assurances to the Court that they would act upon significant new information and work to prevent Asian carp from getting into Lake Michigan. The Corps continues to open the O'Brien and Chicago Locks allowing the passage of more Asian carp into the Lake, while merely studying possible changes, months from now. Illinois has neither announced nor implemented any new measures -- that it alone can control -- to kill, capture, or otherwise contain the injurious fish in its waterway before more of them enter the Lake.

 

    Cox had requested a preliminary injunction "enjoining the State of Illinois, the Metropolitan Water Reclamation District of Greater Chicago, and the U.S. Army Corps of Engineers to immediately take all available measures within their respective control, consistent with the protection of public health and safety, to prevent the migration of bighead and silver carp into Lake Michigan, including, but not necessarily limited to, the following: (a) Temporarily closing and ceasing operation of the locks at the O'Brien Lock and Dam and the Chicago Controlling Works except as needed to protect public health and safety. (b) Immediately using the best available methods to block the passage of, capture or kill bighead and silver carp that may be present in the waterway, especially in those areas north of the dispersal barrier system in a manner that protects public health and safety. (c) Temporarily operating the sluice gates at the O'Brien Lock and Dam, the Chicago Controlling Works, and the Wilmette Pumping Station in a manner that will not allow fish to pass those structures into Lake Michigan except as needed to protect public health or safety. (d) Immediately installing and maintaining interim barriers or structures as needed in the Little Calumet River to prevent the migration of bighead and silver carp into Lake Michigan, in a manner that protects public health and safety."

 

    Attorney General Cox issued a brief statement saying, "Our motion was an extraordinary attempt to protect the Great Lakes, but we felt it was necessary to because the Court deserved to have access to the new DNA and economic information before making a decision. We will continue to focus on the reopening of the diversion case in April, with the goal of developing an effective plan to protect the entire Great Lakes region from the devastating threat of Asian carp." He noted that the Michigan request to reopen the "Chicago Diversion" case is supported by Pennsylvania, New York, Ohio, Wisconsin, Minnesota, Indiana and the Province of Ontario. Cox indicated that, "The Supreme Court has scheduled an April 16th review of Michigan's request for hearings to develop a long-term solution to the crisis that will protect the ecology and economy of the Great Lakes." 

    He said that President Obama, who previously pledged a zero tolerance policy for new invasive species in the Great Lakes, should act immediately to at least temporarily close the locks. Cox praised the bi-partisan efforts of Michigan's Congressional delegation on the issue, including legislation recently introduced by Representative Dave Camp and Senator Debbie Stabenow [See WIMS 1/22/10]. He said the public that they can help bring attention to the issue by signing an online petition to protect the Lakes at his StopAsianCarp website.

 

    Access the March 22 Order List for the Supreme Court (click here). Access a release from AG Cox (click here). Access links to Michigan's filings in the case (click here). Access all of the filings in the case (click here). Access links to various media reports (click here). Access the AG's StopAsianCarp website (click here).

International Upper Great Lakes Study Newsletter Available

Mar 17: The March 2010 edition of "On the Level" the newsletter of the International Upper Great Lakes Study (IUGLS) is now available. The latest issue features: details about the IJC public consultation regarding the St. Clair River report, including how to comment; maps showing proposed sites that will be examined by the Ecosystem and Coastal technical working groups; an article about the important role of Adaptive Management in the Study; updates on new members of the Public Interest Advisory Group, including a new U.S. co-chair; and an article about the Chicago Diversion and its impact on water levels.  A longer version of the article, with a more detailed history of the Chicago Diversion is also available from the link below. 

    IUGLS is examining whether the regulation plan for Lake Superior outflows at Sault Ste. Marie might be improved to take into consideration changing interests and changing climate. In its first phase, the Study examined whether ongoing changes in the St. Clair River might be affecting upper Great Lakes water levels. The Study Board's findings and recommendations in this regard were published in December, 2009 [See WIMS 12/16/09], and the public has been invited to comment on them before the IJC makes recommendations to governments [See WMS 2/24/10].

    Access the latest newsletter (click here). Access the longer version of the Chicago Diversion article (click here). Access the IUGLS website for more information (click here). Access the IJC website dedicated to the public consultation regarding the St. Clair River report (click here).

GLC Wants Pre-Proposals For Air Deposition Projects

Mar 15: The Great Lakes Commission (GLC) is requesting pre-proposals by April 16, 2010, to support the Great Lakes Air Deposition (GLAD) program for 2010. The purpose of the GLAD program is to safeguard the environment and human health from the adverse effects of atmospherically deposited toxic contaminants in the Great Lakes region. The program supports scientific investigation and the development of assessment tools to identify the magnitude, sources and impacts of toxic contaminant deposition within the region and to facilitate concerted and strategic actions to mitigate such impacts.

    Proposals should focus on contaminants of concern for atmospheric deposition in the Great Lakes region and should demonstrate a likelihood that the contaminant(s) being examined are depositing to the region's waterways from the atmosphere in a quantity that may cause adverse impacts to humans or wildlife.  Proposals must describe tangible benefits delivered to the Great Lakes states and how projects will assist the state agencies and their partners in taking informed actions toward assessing and reducing the occurrence and impact of atmospheric deposition of toxic substances. The 2010 Request for Pre-Proposals identifies priority project areas that are specifically targeted for the upcoming year.

    Access the GLAD website for links to the RFP and complete background information (click here).

5-Day Comment Period On Corps Chicago Barrier System EA Plan

Mar 15: In a very brief Federal Register announcement [75 FR 12217] the U.S. Army Corps of Engineers, Chicago District is providing a 5 day public notice and comment period on a planned Environmental Assessment relating to Chicago Sanitary and Ship Canal Dispersal Barriers System. According to the notice, the Corps is directed to conduct a study of technologies that may enhance the efficacy of the Chicago Sanitary and Ship Canal Dispersal Barriers System. The study is structured as a series of interim reports. The Corps says, "Interim Report IIIa, limited to the impacts of implementing additional in-stream barrier/deterrent technologies at key locations in the Illinois and Chicago Area Waterways is the focus of this planned EA."

 

    The specific technologies under consideration include acoustic deterrents, air bubble curtains, and strobe lights used both individually and in combination. Comments are requested to assist in determining the level of analysis and impacts to be considered for implementing these in-stream barrier/deterrent technologies. The Corps indicates that comments received by the on the proposed EA will be considered fully for the Federal action associated with the Project. Comments concerning the level of analysis or impacts to be considered in the draft Environmental Assessment should be provided by March 19, 2010.

    Access the complete FR announcement with details on commenting (click here).

Sens. & Reps. Introduce Great Lakes Ecosystem Protection Act

Mar 5: The Great Lakes Commission (GLC) hailed legislation introduced in Congress that formally authorizes the recently established Great Lakes Restoration Initiative (GLRI) and elevates the role of the eight Great Lakes states in guiding restoration efforts in partnership with the federal government. The, bipartisan, bicameral "Great Lakes Ecosystem Protection Act" (S. 3073 & H.R. 4755) also reauthorizes EPA's Great Lakes National Program Office (GLNPO) and the Great Lakes Legacy Act, a highly successful Federal program established in 2002 that has removed nearly one million cubic yards of toxic sediments from the Great Lakes. Illinois Governor Pat Quinn, Chair of the Great Lakes Commission said, "We need to lock in the federal commitment to cleaning up the Great Lakes. Thanks to the leadership of the President and Congress, the Great Lakes Restoration Initiative is off to a strong start."

    The Commission noted that the legislation would help achieve the goals of the widely-endorsed Great Lakes restoration strategy and leverage leadership from the Great Lakes states. The Senate bill was introduced by Senator Levin (D-MI), and cosponsored by Voinovich (R-OH), Klobuchar (D-MN), Brown (D-OH), Franken (D-MN), Stabenow (D-MI) and Durbin (D-IL). The House bill was introduced by Representative Ehlers (R-MI), and cosponsored by Dingell (D-MI), Kirk (R-IL) and Slaughter (D-NY).

    President Obama initiated the GLRI in 2009 and requested $475 million for the program's first year (FY 2010), which was subsequently approved by Congress. The EPA recently announced an action plan for the GLRI that commits $2.2 billion to the program over its five-year lifespan [See WIMS 2/22/10], inclusive of the first year's funding. However, the FY 2011 Administration budget request is reduced to $300 million and advocates are urging Congress to, and the two bills would, restore funding to the $475 million level per year [See WIMS 2/23/10].

    Among other items, the legislation would establish a two-tiered advisory body to the EPA comprised of a "Great Lakes Leadership Council" with executives from federal agencies, states, tribes and local governments, and a "Great Lakes Management Council" with senior managers from these agencies as well as the GLC, the International Joint Commission (IJC) and the Great Lakes Fishery Commission, along with representation from the industrial, environmental, agricultural and academic community in the Great Lakes region. The Leadership Council would establish annual goals for the GLRI, make budget recommendations and report to Congress on the Initiative's progress. The Management Council would guide implementation of the restoration program and coordinate contributions from various federal, state and local agencies and nongovernmental partners. This structure ensures transparency and accountability while leveraging contributions from the states and other entities in the region.

        The bills would also: Authorize the Federal Interagency Task Force which was established in 2004 by Executive Order which means that it could be dissolved by Executive Order; Reauthorize the Great Lakes Legacy Act which expires in 2010.  The authority is for $150 million per year, the level recommended by the GLRC Strategy Report; and Reauthorize EPA's Great Lakes National Program Office (GLNPO) at level funding ($25 million).

    Representative Ehlers said, "The Great Lakes are a precious resource located in our own backyard, so it is imperative that we do everything we can to protect them. The Great Lakes Ecosystem Protection Act will provide for the removal of contamination within the next ten years in the areas of concern identified in the Great Lakes Legacy Act, and it will authorize funding in support of the important recommendations in the Great Lakes Regional Collaboration Strategy. The longer we wait to address areas of serious contamination, the more difficult and expensive it will be to clean them up."

    Access a release from GLC (click here). Access a release from Representative Ehlers (click here). Access legislative details for S. 3073 (click here).  Access legislative details for H.R. 4755 (click here).

New Report On Drugs In Great Lakes Drinking Water

Mar 4: A report from the Alliance For The Great Lakes (Alliance) calls for more research into the long-term effects of drugs in drinking water and points out the absence of tools available to limit their entrance into the lakes. According to a release, low levels of cotinine -- a nicotine byproduct, and the cholesterol-modifying drug gemfibrozil are among the pharmaceutical compounds scientists have found in Lake Michigan water to date. Though many experts say the levels are too low to show immediate effects on human health, scientists acknowledge they know little about the long-term effects of these drugs on people nor how they might degrade or interact with other chemicals in the water. The report -- Protecting the Great Lakes from Pharmaceutical Pollution -- indicates that the Great Lakes provide drinking water to more than 40 million people.

 

    Noting some of the Great Lakes take up to 100 years to flush out pollutants, the Alliance said the drugs flowing into the world's largest surface freshwater system today will remain there for generations. Researchers worry about the threat to human health from long-term, low-level exposure to pharmaceuticals -- in particular hormones and other chemicals that signal cell changes -- as these are designed to work in the body at low concentrations. The report says sewage treatment plants and current laws are ill-suited to address the emerging problem of pharmaceutical pollution, which has come to light as water quality monitoring technology has become better at detecting lower contaminant levels.

 

    The drug industry says the vast majority of drugs enter waterways via patient excretions, and secondarily by disposal in the garbage or flushing down the toilet. Drugs purchased for use by people or animals enter waterways via various pathways: in treatment plant and septic system effluent, runoff from uncontrolled landfills, industrial discharges, commercial animal feeding operations, and manure applications. Past U.S. efforts to reduce pharmaceutical pollution have emphasized collecting unused medications. Welch said the Alliance is now calling for research into technologies to address drug pollution at the treatment plant stage, and is focusing on national efforts to reduce such pollution at the design and prescription stages. The Alliance has connected with efforts at the national level through a partnership with the Product Stewardship Institute.

 

    Access a release from the Alliance and link to the complete report and a fact sheet (click here).

Comments Wanted On Incidental Discharges From Certain Vessels

Mar 3: U.S. EPA is requesting comments on a draft report that, when made final, will provide Congress with information it may use for the regulation of incidental discharges from certain vessels. The types of vessels in the study included fishing vessels, tugboats, water taxis, tour boats, towing and salvage vessels, small research vessels, a fire boat and a supply boat. Incidental vessel discharges including deck run-off, gray water and other types of discharges may have a potential negative impact on water quality. Congress requested EPA to do the report in 2008.

    The draft report summarizes the primary pollutant concentrations in the discharges sampled and evaluates the potential environmental impact of these discharges on large water bodies. For the draft report, EPA sampled wastewater discharges and gathered shipboard process information from 61 vessels. Vessels were sampled in 15 separate cities and towns in nine states across multiple geographic regions. Public comments on the draft report, Study of Discharges Incidental to Normal Operation of Commercial Fishing Vessels and Other Non-Recreational Vessels Less than 79 Feet, will be accepted for 30 days following publication in the Federal Register soon. EPA will then consider the comments and finalize the report for submission to Congress.

    Access a release from EPA (click here). Access more information on the draft report to Congress on vessel discharges (click here).