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VA Moves to Replace Site for Nesting Seabirds, but Will It Fly? ≈ State Steps in Or Destruction of Their Nests

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VA Moves to Replace Site for Nesting Seabirds, but Will It Fly? ≈ State Steps in Or Destruction of Their Nests March 2020 Volume 30 Number 1 VA moves to replace site for nesting seabirds, but will it fly? ≈ State steps in or destruction of their nests. to create bird island But facing mounting after feds pull back pressure from environ- mental groups, Gov. Ralph BY JEREMY COX Northam’s administration When black skimmers, recently stepped in and royal terns and other migrat- promised to find an alterna- ing seabirds return to South tive to help the birds, though Island this spring, they will details remain unclear. be greeted by a fresh layer of Acting at the governor’s pavement. direction, officials from The Virginia Department VDOT and other state of Transportation recently agencies vowed in Febru- paved over the island to ary to work with the U.S. discourage the flock — more Army Corps of Engineers than 25,000 birds, most to “assess the feasibility” of representing species in building an artificial island decline — from making their for the displaced birds. In nests there. The state is claim- the meantime, they said ing the space for a five-year, they will develop temporary nearly $4 billion widening nesting grounds, including of the Interstate 64 Hampton anchoring sand-covered Roads Bridge Tunnel, where barges near the birds’ former the James River meets the summer home. Chesapeake Bay. The project The avian drama may is expected to begin later this not pack as much suspense year. as a certain Alfred Hitch- Amy Jacobs of The Nature Conservancy’s Maryland/DC chapter stands in a Delmarva bay in Under a new Trump cock movie, but it contains Dorchester County, MD. Though protected in Maryland, such “remote” wetlands aren’t regulated administration interpretation about as many twists and a few miles away in Delaware. of a century-old law, that turns. Scores of documents could have been the end obtained by the Bay Journal of the road for Virginia’s from VDOT through a New wetlands rule imperils Bay cleanup, groups say largest colony of nesting sea- public records request show Rollback leaves states “When you take away the Announcing the new rule at birds. In a reversal involving how the federal regulatory ≈ federal standard and leave that a National Association of Home one of the oldest environ- change blindsided the state’s to fend for large swaths to the states to decide, then you’re Builders trade show on Jan. 23, mental laws in the country, bridge planners. And the of wetlands and streams. going to get dramatically different U.S. Environmental Protection the federal government is no records reveal that while the BY JEREMY COX & protection in the states, and the Agency Administrator Andrew longer penalizing those who bird-preservation effort may TIMOTHY B. WHEELER Chesapeake is going to suffer,” Wheeler said the change would take actions that lead to the The Trump administration’s said Geoff Gisler, attorney with replace a broken bureaucratic unintentional killing of birds Site continues on page 12 plans to remove federal oversight the Southern Environmental system with “certainty and from some streams and wetlands Law Center. predictability.” The EPA insists will leave those waterways In the Bay watershed, that federal controls remain without protection in some legal experts say, Maryland, strong and “among the best in of the Bay watershed states, Pennsylvania and Virginia the world.” while increasing the regulatory have state laws and regulatory Critics say that the removal burden on others, officials and programs of their own that of a federal arbiter opens conservationists say. would — at least on paper — wetland regulation to a hodge- The net result of the rule safeguard the wetlands and podge of state-level protec- LANC., PA 17604 PA LANC., change, they say, will be another waterways being dropped tions. That could lead to more PERMIT 280 PERMIT setback for the multi-state under the new federal rule. pollution running downstream PAID and federal effort to restore the Those safety nets start to from newly deregulated U.S. POSTAGE U.S. Chesapeake Bay and the vast fray, though, in Delaware, New NONPROFIT ORG NONPROFIT Bay Journal, P.O. Box 222, Jacobus, PA 17407-0222 PA Jacobus, 222, Box P.O. Journal, Bay watershed it drains. York and West Virginia. Rule continues on page 22 Bay Journal • March 2020 2 is published by Bay Journal Media to inform Editor’s Note BAY JOURNAL the public about ecological, scientific, historic and cultural issues and events related to the Chesapeake Bay. The Bay Journal, Welcome Mark Platts, Don Luzzatto to our board circulation 35,000, is published monthly except in midsummer and midwinter. It is distributed free of charge. Bundles are available Our nonprofit news Congress last year to highlight the for distribution. Material may be reproduced, with permission organization has a lot on river’s natural, historical and cultural and attribution. Publication is made possible by grants through its plate for the coming resources as well as its recreational the U.S. Environmental Protection Agency’s Chesapeake Bay year. We’re planning to opportunities. Program Office, the Campbell Foundation, the National Oceanic enhance our products, A native of Pennsylvania’s York and Atmospheric Administration’s Chesapeake Bay Office, the increase our readership, County, he gained an appreciation Sumner T. McKnight Foundation, the Rauch Foundation, the boost outreach to younger for the Susquehanna by exploring its Fair Play Foundation, the Shared Earth Foundation, the Virginia readers — and begin surrounding lands as a youth. He holds Environmental Endowment, anonymous donors, and by reader planning for the 30th a bachelor’s degree in urban and rural contributions. Views expressed in the Bay Journal do not anniversary of the Bay Journal in 2021. studies from Shippensburg University necessarily represent those of any funding agency or organization. Fortunately, we have some help on of Pennsylvania, and a master’s degree the way. It’s my pleasure to welcome in urban and regional planning from For mailing list additions/changes, please use the form on this two leaders who will bring a wealth of the University of Florida. page or contact: Bay Journal, P.O. Box 222, Jacobus, PA 17407-0222 experience to Bay Journal Media’s board Mark worked as a planner in Florida E-mail: [email protected] of directors, Don Luzzatto and Mark and the District of Columbia before BAY JOURNAL MEDIA Platts. returning to Pennsylvania to head the Don Luzzatto is vice president for heritage area. He lives in Lancaster Bay Journal Media is a nonprofit 501(c)(3) organization with civic engagement with the Hampton County. a mission to further public education and awareness of issues Roads Community Foundation. He They join other members of our affecting the Chesapeake Bay and the mid-Atlantic environment also has an extensive background board which, besides myself, include by creating and distributing journalistic products. In addition in journalism, having worked at The Board President Mary Barber, an to producing the Bay Journal, Bay Journal Media operates Virginian-Pilot from 2000 to 2017, environmental scientist with RTI the Bay Journal News Service, which distributes Bay Journal including eight years managing the International; Vice President Bill articles and original op-eds about the Chesapeake Bay or regional paper’s editorial page. Eichbaum, senior fellow with the environmental issues to more than 400 newspapers in the region, Earlier in his career, he worked at The World Wildlife Fund; Donald Boesch, reaching several million readers each month. York Dispatch in Pennsylvania, The News president emeritus of the University of & Advance in Lynchburg, VA, and The Maryland Center for Environmental Karl Blankenship, Executive Director Gainesville Sun in Florida. Science; and Kim Coble, executive Andrew Nolan, CPA, Chief Financial Officer Don is a member of the board and director of the Maryland League of STAFF former president of the Downtown Conservation Voters. Suffolk Rotary Club and serves as a I’d also like to express my Editor: Karl Blankenship ([email protected]) board member for the Suffolk Center for appreciation for the years of service Managing Editor: Lara Lutz ([email protected]) Cultural Arts and Suffolk YMCA. He is a from two retiring board members, Associate Editor/Projects: Timothy B. Wheeler ([email protected]) 1984 graduate of the College of William Frank Felbaum, retired director CONTACT US Bay Journal News Service Editor: Tim Sayles ([email protected]) and Mary with a degree in English. of Pennsylvania’s Wild Resource by mail: Copy/Design Editor: Kathleen A. Gaskell ([email protected]) Mark Platts is president of the Conservation Fund; and Tom Lewis, an The Bay Journal Staff Writer: Jeremy Cox ([email protected]) Susquehanna National Heritage attorney with Gallagher Evelius & Jones 619 Oakwood Drive Staff Writer: Ad Crable ([email protected]) Area, the nonprofit that serves as the LLP in Baltimore. Seven Valleys, PA Staff Writer: Whitney Pipkin ([email protected]) coordinating entity for the nation’s We’ll miss them both. — Karl Blankenship 17360-9395 Photographer: Dave Harp ([email protected]) newest heritage area, designated by ADVERTISING by phone: Marketing & Advertising Director: Jacqui Caine ([email protected]) 717-428-2819 Sign Up for the Bay Journal or Change your Address BOARD OF DIRECTORS TheBay Journal is distributed FREE by Bay Journal Media, Inc. If you would like to be added to its mailing list or need to change your present address, please fill out this form To inquire about Mary Barber, President advertising, contact Bill Eichbaum, Vice-President and mail it to Bay Journal, P.O. Box 222, Jacobus, PA 17407-0222. Karl Blankenship, Secretary o o Jacqui Caine at Check One: New Subscription Change of Address Kim Coble, Treasurer 540-903-9298 o Please remove my name from your mailing list Donald Boesch Please note that it may take up to two issues for changes to become effective.
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