Jul 9: Natural Resources Defense Council (NRDC) filed a federal challenge to air permits given by the State of Indiana to BP’s controversial refinery in Whiting, IN [See WIMS 6/2/08]. The permits were recently awarded by the Indiana Department of Environmental Management (IDEM) despite significant concern from the public, environmental experts and elected officials. Ann Alexander, a senior attorney at NRDC said, “IDEM and BP did not learn their lesson after the public outcry over water pollution permits last summer. They had an opportunity to do things right this time, and they didn’t take it. The permits simply do not protect the public and do not live up to the law. The failure of Indiana and BP to take the public interest and the law seriously has forced the issue and required that this case be brought before the federal courts. . . In the ConocoPhillips case, the environmental review board at US EPA sent a message to oil refineries around the nation that it is time they clean up. We believe that the federal courts will support that precedent.”
The case argues that BP and IDEM have not properly accounted for increases in dangerous pollution that will result from the refinery expansion. The increased pollution requires that the refinery control its pollution more effectively, and operate under a more stringent, “major source” permit. NRDC is assisting as legal counsel in a similar case being brought by Indiana environmental groups in a state administrative forum. NRDC is challenging the facility’s construction permits in the Hammond Division of the Northern District of Indiana Federal court.
Access a release from NRDC (click here).
Monday, July 14, 2008
Friday, July 11, 2008
Groups Says Dry Cargo Dumping Proposal Is Illegal
Jul 11: Several groups have issued a release encouraging Great Lakes interests to participate in commenting on the proposed rule and attending meetings on the Coast Guard's proposal for Dry Residue Discharges in the Great Lakes [See WIMS 6/13/08]. The groups include: Alliance for the Great Lakes, Great Lakes United, Lake Ontario Waterkeeper, and National Wildlife Federation.
On June 6, the Coast Guard announced two public meetings for its May 23, 2008 notice of proposed rulemaking (NPRM) [73 FR 30014-30029] on dry cargo residue (DCR) discharges in the Great Lakes and its supporting Draft Environmental Impact Statement (DEIS) to be held in Duluth, Minnesota, and Cleveland, Ohio, in July 2008. The meetings are scheduled for Duluth, MN, July 15, 2008, 1-5 PM; and Cleveland, OH, July 17, 2008, 1-5 PM. Comments and related material must be received on or before July 22, 2008.
According the group release, "Clear laws exist on both the international and domestic levels that prohibit the dumping of garbage in any of the internal waterways of the United States. The International Convention for the Prevention of Pollution from Ships (MARPOL) is the primary international treaty covering the discharge of pollutants into the ocean. The United States is signatory to MARPOL, which articulates that garbage is not to be dumped within 12 nautical miles off the oceanic coast and therefore does not allow dumping in the Great Lakes. To implement MARPOL Congress passed the Act to Prevent Pollution from Ships (APPS) in 1987. Under both MARPOL and APPS operational wastes (i.e.: cargo residues) fall under the definition of garbage.
"The Coast Guard’s draft interim enforcement policy required under APPS, in place since 1997, has allowed ships to 'sweep' cargo residues that litter vessel decks off the side of the ship and into the Great Lakes and St. Lawrence River Basin. Congress recently ordered the Coast Guard to examine cargo sweeping and its effects and the Coast Guard has now proposed a rulemaking on the practice. The Coast Guard’s proposed rule is illegal, because dry cargo residues fall under the description of garbage in domestic and international law and are thus prohibited to be dumped into inland waters. The Coast Guard should be developing rules that set standards and deadlines to virtually eliminate dry cargo dumping to protect the Great Lakes- St. Lawrence River ecosystem and comply with the law!"
Access a release from the groups and links to additional background information (click here).
On June 6, the Coast Guard announced two public meetings for its May 23, 2008 notice of proposed rulemaking (NPRM) [73 FR 30014-30029] on dry cargo residue (DCR) discharges in the Great Lakes and its supporting Draft Environmental Impact Statement (DEIS) to be held in Duluth, Minnesota, and Cleveland, Ohio, in July 2008. The meetings are scheduled for Duluth, MN, July 15, 2008, 1-5 PM; and Cleveland, OH, July 17, 2008, 1-5 PM. Comments and related material must be received on or before July 22, 2008.
According the group release, "Clear laws exist on both the international and domestic levels that prohibit the dumping of garbage in any of the internal waterways of the United States. The International Convention for the Prevention of Pollution from Ships (MARPOL) is the primary international treaty covering the discharge of pollutants into the ocean. The United States is signatory to MARPOL, which articulates that garbage is not to be dumped within 12 nautical miles off the oceanic coast and therefore does not allow dumping in the Great Lakes. To implement MARPOL Congress passed the Act to Prevent Pollution from Ships (APPS) in 1987. Under both MARPOL and APPS operational wastes (i.e.: cargo residues) fall under the definition of garbage.
"The Coast Guard’s draft interim enforcement policy required under APPS, in place since 1997, has allowed ships to 'sweep' cargo residues that litter vessel decks off the side of the ship and into the Great Lakes and St. Lawrence River Basin. Congress recently ordered the Coast Guard to examine cargo sweeping and its effects and the Coast Guard has now proposed a rulemaking on the practice. The Coast Guard’s proposed rule is illegal, because dry cargo residues fall under the description of garbage in domestic and international law and are thus prohibited to be dumped into inland waters. The Coast Guard should be developing rules that set standards and deadlines to virtually eliminate dry cargo dumping to protect the Great Lakes- St. Lawrence River ecosystem and comply with the law!"
Access a release from the groups and links to additional background information (click here).
Thursday, July 10, 2008
Levin, Voinovich & Oberstar To Lead Compact Approval Efforts
Jul 9: According to a release from the Great Lakes Council of Governors (GLCG); Senator Carl Levin (D-MI), Senator George Voinovich (R-OH) and Congressman James Oberstar (D- MN) will lead efforts to secure the consent of the U.S. Congress for the Great Lakes-St. Lawrence River Basin Water Resources Compact. Now that the individual states have all approved the Compact, to become law, Congress must now provide its consent. GLCG says that to date, more than 20 members of Congress, including both of the presumptive nominees of the major parties (Senator McCain and Senator Obama) have expressed their support for the Compact.
In December 2005, following a nearly five-year negotiation, the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin reached agreement on the Compact. The Compact provides a comprehensive management framework for achieving sustainable water use and resource protection. The eight Great Lakes States reached a similar, good faith, agreement with Ontario and Québec in 2005, which the Provinces are using to amend their existing water programs for greater regional consistency.
GLCG highlighted the following major points of the Compact: Economic development will be fostered through the sustainable use and responsible management of Basin waters; The States will ensure that authority over Great Lakes water uses is retained in the region; Regional goals and objectives for water conservation and efficiency will be developed, and they will be reviewed every five years; Each State will develop and implement a water conservation and efficiency program; The collection of technical data will be strengthened, and the States will share comparable information, which will improve decision-making by the governments; and There is a strong commitment to continued public involvement in the implementation of the Compact.
GLCG said that as of July 2008, there are at least 41 interstate water compacts that have been entered into by the party States and consented to by the U.S. Congress over a period of decades. 45 States and the District of Columbia currently belong to at least one interstate water compact and many States belong to more than one. These compacts provide an effective means to manage shared water resources consistent with our system of constitutional federalism.
Access a release from the GLCG (click here). Access the CGLG status of Compact approval website (click here).
In December 2005, following a nearly five-year negotiation, the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin reached agreement on the Compact. The Compact provides a comprehensive management framework for achieving sustainable water use and resource protection. The eight Great Lakes States reached a similar, good faith, agreement with Ontario and Québec in 2005, which the Provinces are using to amend their existing water programs for greater regional consistency.
GLCG highlighted the following major points of the Compact: Economic development will be fostered through the sustainable use and responsible management of Basin waters; The States will ensure that authority over Great Lakes water uses is retained in the region; Regional goals and objectives for water conservation and efficiency will be developed, and they will be reviewed every five years; Each State will develop and implement a water conservation and efficiency program; The collection of technical data will be strengthened, and the States will share comparable information, which will improve decision-making by the governments; and There is a strong commitment to continued public involvement in the implementation of the Compact.
GLCG said that as of July 2008, there are at least 41 interstate water compacts that have been entered into by the party States and consented to by the U.S. Congress over a period of decades. 45 States and the District of Columbia currently belong to at least one interstate water compact and many States belong to more than one. These compacts provide an effective means to manage shared water resources consistent with our system of constitutional federalism.
Access a release from the GLCG (click here). Access the CGLG status of Compact approval website (click here).
Register Now For SOLEC 2008
Jul 10: SOLEC 2008 will be held October 22–23, 2008, in Niagara Falls, Ontario, Canada. This year, emphasis will be on “The Nearshore.” In 1996, SOLEC focused on the nearshore lands and waters of the Great Lakes where biological productivity is greatest and where humans have maximum impact. In 2008, the conference will concentrate on what has changed with respect to the nearshore environments since 1996. Additional conditions and issues not evaluated in 1996 will also be addressed.
Presentations during day 1 of SOLEC will focus on the state of the Great Lakes based on indicator assessments and other information about nearshore areas. On day 2, the presentations will highlight information about each Great Lake, the connecting channels (including the Niagara River), and the St. Lawrence River with a focus on the nearshore areas and related issues, such as habitat loss, viral hemorrhagic septicemia (VHS), nutrients and water levels. Breakout sessions will follow the plenary presentations on both days. These afternoon sessions are an opportunity for participants to discuss the information that was presented in the morning as well as to debate more specific issues.
Draft State of the Great Lakes 2009 indicator reports and category assessments will be available in advance of the conference. These reports and assessments are being prepared by various authors from many agencies and organizations in order to assist with assessing the overall state of the Great Lakes. A draft background paper -- The Nearshore Areas of the Great Lakes 2008 -- will also be available in advance of the conference. Links to the State of the Great Lakes 2007 products are available on the registration website.
Access the SOLEC 2008 website for registration information and extensive background materials (click here). Access more information related to State of the Great Lakes Reporting and SOLEC (click here).
Presentations during day 1 of SOLEC will focus on the state of the Great Lakes based on indicator assessments and other information about nearshore areas. On day 2, the presentations will highlight information about each Great Lake, the connecting channels (including the Niagara River), and the St. Lawrence River with a focus on the nearshore areas and related issues, such as habitat loss, viral hemorrhagic septicemia (VHS), nutrients and water levels. Breakout sessions will follow the plenary presentations on both days. These afternoon sessions are an opportunity for participants to discuss the information that was presented in the morning as well as to debate more specific issues.
Draft State of the Great Lakes 2009 indicator reports and category assessments will be available in advance of the conference. These reports and assessments are being prepared by various authors from many agencies and organizations in order to assist with assessing the overall state of the Great Lakes. A draft background paper -- The Nearshore Areas of the Great Lakes 2008 -- will also be available in advance of the conference. Links to the State of the Great Lakes 2007 products are available on the registration website.
Access the SOLEC 2008 website for registration information and extensive background materials (click here). Access more information related to State of the Great Lakes Reporting and SOLEC (click here).
Tuesday, July 8, 2008
Sierra Club Citizen’s Guide to Protecting The Great Lakes
Jul 8: The Sierra Club Great Lakes Program released its Citizen’s Guide to Protecting the Great Lakes. The guide identifies Great Lakes problems and solutions that individuals can implement to protect the Lakes. It also highlights the major policy changes that state and Federal governments need to make to ensure that future generations.
According to an announcement, the Guide was inspired by the Great Lakes Regional Collaboration Strategy (GLRCS) -- the comprehensive regional plan to protect our drinking water, economic future and way of life. The Great Lakes hold one fifth of the world’s fresh surface water and currently provide drinking water to over 42 million people. Each day, "the Lakes are damaged economically and ecologically by untreated sewage, industrial pollutants and invasive species." The Guide offers actions to reduce the threats and contains specific strategies that can be used to protect the Lakes. The release kicks off a series of Sierra Club Great Lakes Program meetings and activities that will be held in the region throughout the year to highlight actions needed to protect and restore the Great Lakes.
Access a release from Sierra Club (click here). Access the Guide (click here). Access the Great Lakes Program website for related information (click here).
According to an announcement, the Guide was inspired by the Great Lakes Regional Collaboration Strategy (GLRCS) -- the comprehensive regional plan to protect our drinking water, economic future and way of life. The Great Lakes hold one fifth of the world’s fresh surface water and currently provide drinking water to over 42 million people. Each day, "the Lakes are damaged economically and ecologically by untreated sewage, industrial pollutants and invasive species." The Guide offers actions to reduce the threats and contains specific strategies that can be used to protect the Lakes. The release kicks off a series of Sierra Club Great Lakes Program meetings and activities that will be held in the region throughout the year to highlight actions needed to protect and restore the Great Lakes.
Access a release from Sierra Club (click here). Access the Guide (click here). Access the Great Lakes Program website for related information (click here).
Monday, July 7, 2008
States Onboard With Compact; Congress Next
Jul 7: It's almost official that all of the Great Lakes states have now approved the Great Lakes-St. Lawrence River Basin Water Resources Compact legislation. On July 4, Pennsylvania Governor Ed Rendell approved legislation passed last week; Ohio's Governor signed the Ohio legislation last week; and Michigan's Governor Jennifer Granholm has already praised the passage of Michigan's bills and is expected to officially sign the bills very soon. Illinois, Indiana, Minnesota, New York and Wisconsin have all previously approved their legislation. The states-approved Compact will next go to Congress for Federal approval.
In a release from the Alliance for the Great Lakes, Sharon Cook, Water Conservation Program director said, “It is an historic moment for the Great Lakes when all the states, through both their governors and legislatures, recognize that this incredible resource is important to us collectively. It’s clear that the Great Lakes states can come together to regulate and manage the resource that we share.”
The National Wildlife Federation issued a release saying, "Over seven years ago, state representatives, environmentalists, industry groups, and others set out to protect the Great Lakes for future generations by drafting a binding regional agreement on water withdrawals. Many naysayers thought the agreement would never make it out of the negotiations, let alone through the state legislatures. Yet we are incredibly close to achieving our goal. We hope that Congress will act swiftly to close the deal."
The Great Lakes Water Resources Compact is the culmination of a multi-year process of negotiations among the eight Great Lakes States. The Compact is designed to protect Great Lakes water supplies by implementing a water management plan to protect against water diversions out of the basin and to promote water conservation measures within the basin. To become law, the Compact must be enacted by all eight Great Lakes States and consented to by the U.S. Congress.
While most interest groups are pleased with the various state approvals, a major unsettled issue remains in Michigan over the lack of a "public trust" doctrine provision that was advocated by two former Governors [Milliken (R) and Blanchard (D)] and many environmental interests [See WIMS 6/13/08]. Concerns were raised that without public trust language, the State's and Great Lakes waters are at risk of sale and export because of NAFTA and GATT -- international trade agreement provisions which prevent bans or strict regulation on water once it is a commodity.
Access a release from Governor Strickland (click here). Access a release from Governor Granholm (click here). Access the status of various state compact legislation from the Council of Great Lakes Governors (click here). Access a release from the Alliance (click here). Access a release from NWF (click here). Access a posting from Michigan Attorney Jim Olson on the public trust concern (click here). WIMS-Great Lakes Environment blog posts on the Compact approvals (click here). Access a media report on the upcoming Congressional consideration (click here).
In a release from the Alliance for the Great Lakes, Sharon Cook, Water Conservation Program director said, “It is an historic moment for the Great Lakes when all the states, through both their governors and legislatures, recognize that this incredible resource is important to us collectively. It’s clear that the Great Lakes states can come together to regulate and manage the resource that we share.”
The National Wildlife Federation issued a release saying, "Over seven years ago, state representatives, environmentalists, industry groups, and others set out to protect the Great Lakes for future generations by drafting a binding regional agreement on water withdrawals. Many naysayers thought the agreement would never make it out of the negotiations, let alone through the state legislatures. Yet we are incredibly close to achieving our goal. We hope that Congress will act swiftly to close the deal."
The Great Lakes Water Resources Compact is the culmination of a multi-year process of negotiations among the eight Great Lakes States. The Compact is designed to protect Great Lakes water supplies by implementing a water management plan to protect against water diversions out of the basin and to promote water conservation measures within the basin. To become law, the Compact must be enacted by all eight Great Lakes States and consented to by the U.S. Congress.
While most interest groups are pleased with the various state approvals, a major unsettled issue remains in Michigan over the lack of a "public trust" doctrine provision that was advocated by two former Governors [Milliken (R) and Blanchard (D)] and many environmental interests [See WIMS 6/13/08]. Concerns were raised that without public trust language, the State's and Great Lakes waters are at risk of sale and export because of NAFTA and GATT -- international trade agreement provisions which prevent bans or strict regulation on water once it is a commodity.
Access a release from Governor Strickland (click here). Access a release from Governor Granholm (click here). Access the status of various state compact legislation from the Council of Great Lakes Governors (click here). Access a release from the Alliance (click here). Access a release from NWF (click here). Access a posting from Michigan Attorney Jim Olson on the public trust concern (click here). WIMS-Great Lakes Environment blog posts on the Compact approvals (click here). Access a media report on the upcoming Congressional consideration (click here).
Wednesday, July 2, 2008
GLRC Releases Habitat/Wetlands Initiative Progress Report
Jul 1: The Great Lakes Regional Collaboration (GLRC) Executive Committee announced the release of the report, Great Lakes Regional Collaboration Habitat/Wetlands Initiative: A Progress Report and Call to Action. A team of State, Federal, Tribal, City and non-governmental representatives wrote the report to describe progress and to advance the habitat restoration recommendations in the GLRC's December 2005 Strategy to Restore and Protect the Great Lakes. As a first step, the Initiative is focused on protecting and restoring 200,000 acres of wetlands in the Great Lakes basin.
The report notes the steps that Federal, State, City, Tribal and non-governmental interests are taking to improve coordination of habitat restoration programs and projects in the Great Lakes basin and describes two new tools that will facilitate collaboration: a habitat projects database and a funding source inventory. The report concludes by issuing a Call to Action that challenges the Great Lakes community to accelerate restoration efforts and to work together to accomplish more than could be achieved by working alone.
In May 2004, a Presidential Executive Order for the Great Lakes was issued that called for increased federal coordination and a Great Lakes Regional Collaboration to develop a strategy for protecting and restoring the Great Lakes. Among the recommendations are goals and actions specific to protect and restore habitat. The report describes recent progress since early 2006 to protect and restore wetlands and other habitat across the Great Lakes basin. The report addresses habitat in general, but focuses on wetlands as a particular habitat that has unique stresses and values, and which has been a focal point for collaboration activity. The report discusses the need for a tool to assess progress toward achieving regional habitat and wetlands goals. It presents the challenges in developing such a tool and summarizes some efforts that can provide building blocks for such a tool.
The report does not provide all of the answers. Rather, it recognizes the critical need to continue the momentum that has begun and offers the “Call to Action” to recognize that partnerships are the cornerstone of this Initiative and that the tools will help support it. The report and call to action set the stage for continued dialogue to achieve the Collaboration’s habitat goals.
Access the Habitat/Wetlands Initiative website for a June 2008 update and link to the 28-page progress report and call to action (click here).
The report notes the steps that Federal, State, City, Tribal and non-governmental interests are taking to improve coordination of habitat restoration programs and projects in the Great Lakes basin and describes two new tools that will facilitate collaboration: a habitat projects database and a funding source inventory. The report concludes by issuing a Call to Action that challenges the Great Lakes community to accelerate restoration efforts and to work together to accomplish more than could be achieved by working alone.
In May 2004, a Presidential Executive Order for the Great Lakes was issued that called for increased federal coordination and a Great Lakes Regional Collaboration to develop a strategy for protecting and restoring the Great Lakes. Among the recommendations are goals and actions specific to protect and restore habitat. The report describes recent progress since early 2006 to protect and restore wetlands and other habitat across the Great Lakes basin. The report addresses habitat in general, but focuses on wetlands as a particular habitat that has unique stresses and values, and which has been a focal point for collaboration activity. The report discusses the need for a tool to assess progress toward achieving regional habitat and wetlands goals. It presents the challenges in developing such a tool and summarizes some efforts that can provide building blocks for such a tool.
The report does not provide all of the answers. Rather, it recognizes the critical need to continue the momentum that has begun and offers the “Call to Action” to recognize that partnerships are the cornerstone of this Initiative and that the tools will help support it. The report and call to action set the stage for continued dialogue to achieve the Collaboration’s habitat goals.
Access the Habitat/Wetlands Initiative website for a June 2008 update and link to the 28-page progress report and call to action (click here).
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