River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

Volume 17 January/February 2008 Number 1 ______Reader’s Survey diversion project in Mississippi’s Yazoo But the Corps maintains that the project pro- River Basin carries a $220 million price tag vides vital flood protection and an economic It’s been some time since we conducted and has the potential to destroy as much as boost for a region that desperately needs it. our last Reader’s Survey, and with a new 200,000 acres of bottomland forest and other And the project’s powerful congressional Coordinator coming onboard patron, Sen. Thad Cochran soon, we felt it appropriate to of Mississippi, the Senate’s ask our readers for input as to top Republican appropriator, how we’ve been doing. So shares the Corps’ view. In please take a few moments of fact, Cochran has helped pro- your time to provide feed- vide about $50 million over back on the enclosed form or the years to get the project send a note by return email to back on the Corps’ drawing [email protected]. As always, board. your input will help River Crossings remain focused View of seasonally flooded bottomland hardwood forest in the Pearl River In a statement, Cochran and meeting your needs in Basin, Louisiana and Mississippi. (Louisiana State University Photo.) called the project “the last keeping you abreast of impor- leg” in a long-sought flood tant natural resource issues in control plan for his state, not- the Mississippi River Basin. So please let wetlands in the alluvial plain of the Lower ing that the delta region has endured nearly a us know what you like, what you don’t like, River Mississippi Delta. century with inadequate protection. It was, and what you’d like to see more of in future issues of River Crossings. Inside This Issue Thanks in advance for helping to keep us on point! Reader’s Survey 1 Coal Mine Runoff Filter 10 Yazoo Backwater Project Revived 1 Invasive Species and Botulism 10 Chris O’Bara Levee Mania 3 Ballast Tank Seawater Flush 11 MICRA Chairman UMR Barge Traffic Down Again 3 Zebra Mussels Reach West Coast 11 Gulf Dead Zone Progress Delayed 4 Bugs Used to Fight Invasives 11 Green Development and Runoff 5 Non-Native Fish Impact Western Rivers 12 Yazoo Backwater Project Revived High Atrazine Levels in Waterways 5 NGA Invasive Species Recs 12 Test for Hormonal Effect of Pesticides 6 Ammonium Rain and National Parks 14 The U.S. Army, Corps of Engineers (Corps) Cumberland River/Wolf Creek Dam 7 Support for AL Sturgeon Listing 14 has once again pulled the Yazoo Backwater MO Dam Collapse Settlement 7 Economic Benefits of Wildlife Refuges 15 Pumps Project (first crafted in 1941) off Billion Dollar Reservoir Lawsuit 8 Endangered Species Meddling Lawsuit 15 the shelf and the U.S. EPA and the Interior KS/NE Water War 8 Wildlife Law Enforcement Controversy 16 Department are reviewing the Corps’ lat- MT/WY Water War 8 Censorship of Climate Scientists 16 est rendering of the project. Meanwhile, WY Mercury Advisory 9 Meetings of Interest 17 environmental interests have raised signifi- Mountaintop Removal Reconsidered 9 Congressional Action 18 cant concerns because the proposed water- Major KY/WV Coal Settlement 9

1 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008 after all, the devastating 1927 Mississippi dioxide storage. And even if the Corps Corps’ wetland permits, but the agency has River flood, he said, that “cemented the role keeps its promises to purchase conserva- used the power sparingly — only 11 times of the federal government in understanding tion easements and take other mitigation since regulations giving it that authority took that flooding is a national issue rather than a measures, such steps “could not replace effect in 1979. EPA had in fact opposed the state or local one.” the wetland acreage or functions lost to the Yazoo Pumps project as recently as 2000, Yazoo Pumps,” the letter says. citing its extensive wetlands impacts. But But the Yazoo River Basin is a critical agency spokeswoman Enesta Jones, said backchannel of the Mississippi River, that Among the high-profile critics of the project EPA would give the Corps’ latest proposal a absorbs periodic flood tides of the Missis- is Theodore Roosevelt IV, great-grandson full review. sippi, while augmenting its freshwater flows of the 26th president whose legacy as a during drier times — features which provide conservationist includes the establishment of The FWS also has raised strong doubts about for flow control and flood protection for national parks, forests and wildlife refuges. the Yazoo Pumps project. Tom MacKenzie, other locations in the region such as New Roosevelt and other critics said the Yazoo a spokesman for the FWS regional office in Orleans. pumps project, if approved, would violate Atlanta, said the project’s “negative impact the Bush administration’s “no net loss of on fish and wildlife is larger than the Corps The heart of the Yazoo Pumps Project is wetlands” pledge. Moreover, they say the has acknowledged,” and that the proposed a proposed pumping station — capable of Corps’ assurance that the project will actu- mitigation for wetlands losses “does not moving 14,000 cubic feet of water per sec- ally enhance wetland function is “at best fully offset the negative impacts” of the ond — that would be built atop a levee wall a misleading statement.” “If the [Bush] project. In a 2001 fact sheet stating its posi- separating the Yazoo Backwater Area from administration truly intends to live up to its tion, the FWS expressed concern that the the Mississippi River’s main channel. To goal of no net loss of wetlands, then EPA project “could ultimately reverse the current mitigate the project’s environmental damage, must veto this project and do it now,” said landowner-driven wetland restoration trend the Corps is proposing “nonstructural im- National Wildlife Federation President and ... by increasing drainage for agriculture, provements” that include the restoration of CEO Larry Schweiger. in this instance, to benefit a relatively few more than 62,000 acres of forest and improv- landowners.” ing conditions for fish and waterfowl. But The Clean Water Act allows EPA to veto most of the wildlife habitat that the project would drain or partially drain is on federal property: the Yazoo and Panther Swamp River Crossings National Wildlife refuges managed by the U.S. Fish & Wildlife Service (FWS) and the Delta National Forest, managed by the U.S. Published by Forest Service. Mississippi Interstate Cooperative Resource Association “The Yazoo pumps would cause catastrophic (MICRA) damage to some of the richest resources in P.O. Box 774 the nation that are under the protection of the Bettendorf, IA 52722-0774 Department of the Interior,” leaders of 13 environmental groups told Interior Secretary MICRA Chairman Dirk Kempthorne in an October letter. The Chris O’Bara, Chairman, West Virginia Division of Natural Resources, Parkersburg Corps acknowledges that the construction of Executive Board water-intake structures for the project would Chris O’Bara, Member at Large destroy as many as 26,000 acres of wetlands. Bobby Reed, Vice Chairman, Louisiana Dept. of Wildlife and Fisheries, Lake Charles But a spokesman for the Corps’ Vicksburg Ron Benjamin, Upper Mississippi River Conservation Committee, Rock Island, IL District in Mississippi refuted environmen- Paul Rister, Lower Mississippi River Conservation Committee, Vicksburg, MS talists’ claims that more than 200,000 acres Steve Adams, Missouri River Natural Resources Committee, Yankton, SD of wetlands would be drained. “That’s a Brian Schoenung, Ohio River Fish Management Team, Avoca, IN distortion of the facts,” spokesman Frank Jeff Boxrucker, Arkansas River Conservation Committee, Oklahoma City, OK Worley said. “There are actually 200,000 Bill Reeves, Tennessee River Sub-basin Representative, Nashville, TN acres that will remain flooded during the Michael Mac, USGS, Biological Resources Division, Columbia, MO pump operation.” The difference, he said, is Gary Frazer, U.S. Fish and Wildlife Service, Washington, D.C. that the Corps — not nature — would deter- Coordinator for Large River Activities mine the extent of the flooding. Vacant, U.S. Fish and Wildlife Service MICRA email: [email protected] But project opponents released a second MICRA Web Site: http://wwwaux.cerc.cr.usgs.gov/MICRA/ letter in mid December signed by more ______than 500 biologists, hydrologists and other River Crossings is a mechanism for communication, information transfer, and coordination scientists asking EPA Administrator Stephen between agencies, groups and persons responsible for and/or interested in preserving and Johnson and Kempthorne to halt the proj- protecting the aquatic resources of the Mississippi River Drainage Basin through improved ect. The letter cites benefits provided by communication and management. Information provided by the newsletter, or opinions wetlands in the Yazoo River Basin for fish expressed in it by contributing authors are provided in the spirit of “open communication”, and wildlife habitat, stormwater storage and and do not necessarily reflect the position of MICRA or any of its member States or Entities. treatment, drought mitigation and carbon Any comments related to “River Crossings” should be directed to the MICRA Chairman. 2 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

But the Corps maintains that the Yazoo of them.” occurred over the history of flood control Pumps project is needed to protect more than in this country (see Figure above) This is a 1,000 homes, businesses and farms from Source: Daniel Cusick, Greenwire, 12/13/07 major issue that the Clinton White House’s persistent flooding caused by back-channel- Floodplain Management Review Committee ing of the Mississippi River in the Yazoo (i.e. Galloway Committee) discussed in their River Basin during the wet season and by Levee Mania report in the aftermath of the 1993 flood. increased stormwater flows entering the basin from upstream tributaries. A Corps’ The St. Louis, Cape Girardeau, Monarch Rather than continuing to raise these levees cost-benefit analysis shows the $220 million Chesterfield and Festus/Crystal City levees in a piecemeal fashion as we have in the past project reaping $23.3 million in annual eco- in Missouri can no longer provide their levee (looking only at localized impacts), we need nomic benefits to the region. The public, the districts with the 500-year level of protection to look at the River system as a whole and report says, will reap $1.40 in benefits for promised by the Corps of Engineers (Corps). engineer it accordingly for flood control. We every dollar spent on the project. In fact, they cannot currently provide even a also need to include adequate floodwater 100-year level of protection without human storage capacity within our floodplains by Sen. Cochran said, “Maintaining and intervention, said Corps’ St. Louis District providing vast areas open to flooding during improving our flood control measures is Col. Lewis Setliff. high water events. This is the concept under critical to the future and further develop- which the Big Muddy National Fish and ment” of the Yazoo Basin. But according Rep. Russ Carnahan (MO/D) and the Corps Wildlife Refuge was developed. Expan- to the Corps’ analysis, the Yazoo Backwater held a Missouri levee summit in St. Louis sion of that and other refuges or open lands Area’s economic prospects are limited to County in November to talk to community needs to be included in any flood preven- government jobs and mechanized farming and business leaders about the problem and tion scheme. Continually raising levees in of corn, soybeans and other row a never ending cycle is not the crops. A relatively small number answer to flood control. Neither of wealthy landowners would is leveeing off a natural flood reap the lion’s share of the Yazoo control channel such as the Yazoo project’s benefits. Over the last River discussed in the previous half-century, farm ownership in article. Sharkey and Issaquena counties, the Yazoo region’s core, dropped In both instances the Corps precipitously — from 2,036 farms needs to go back and revisit the in 1954 to 192 farms in 2002. floodplain management issues The region’s population also has discussed by the Galloway Report steadily eroded, with half of the in 1994. In case anyone has core counties’ population leaving forgotten that document it can be between 1950 and 2000. referenced as follows: Inter- agency Floodplain Management Sixty-one percent of the roughly Review Committee. 1994. Shar- 9,000 people who remain in the ing the Challenge: Floodplain region are minorities, while 31 per- Management into the 21st Cen- cent live below the federal poverty tury. Report of the Interagency threshold, according to government Figure showing the historic effect of levee construction in Floodplain Management Review estimates. But Kent Parrish, the the St. Louis area. As levees were raised over time, even as Committee to the Administra- Corps’ senior manager for the Ya- discharge went down, flood elevations rose. Then in 1993 when tion Floodplain Management zoo pump station project, said the the levees failed (right side of the graph), discharge and flood Task Force. USGPO. ISBN 0 16 delta’s low-income residents have elevation rose in unison. It is clear that raising levees is not the 045078 0. Washington, D.C. 191 much to gain from the project, answer to flood control, a more comprehensive plan is needed. pp. + Apps. Commonly known as though he acknowledged farmers the Galloway Report, this docu- also will benefit by the increased the importance of flood protections. Set- ment can be purchased online acres expected to be made available for crop liff said that temporary measures could be through numerous sources. cultivation. Many of the region’s residents taken to decrease flood risks, but the Corps “don’t have the resources to recoup after the is seeking more permanent solutions to the Sources: AP/Kansas City Star, 11/26/07; floods or move someplace else,” Parrish said levee problems. “With every levee, there’s a and Greenwire, 11/28/07 in an interview. “So you’re digging a deeper different story,” Setliff said. He added that, hole for them.” in total, there are nine levee systems in Mis- souri and Illinois with deficiencies that are Upper Mississippi River But critics aren’t swayed. Rebecca Wodder, being addressed in his district. Barge Traffic Down Again in 2007 president of the advocacy group American Rivers, called the Corps’ rationale for the How can that be? Were the levees not Barge traffic on the Upper Mississippi River project “mind-numbing.” “It’s quite simply engineered correctly when built? Have other and Illinois Waterway continued an 18-year insane that the Corps still wants to build this changes occurred (i.e. other levees been downward trend through 2007, according project, but they do,” Wodder said. “Our raised) since the flood of 1993 that are now to the latest U.S. Army Corps of Engineers country is faced with many complicated impacting the levees in question? Is this (Corps) figures compiled and released in mid environmental challenges, but this is not one just is a continuation of the trend that has January by Public Employees for Environ- 3 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008 mental Responsibility (PEER). “When it comes to public works, Congress nearly 8,000 square miles this year — one and the Corps are two addicts who feed off of the largest ever recorded. And the federal Despite this long, steep decline in demand each other,” added Ruch, whose organization and state task force acknowledges that the for barge transportation, Congress brushed represented Dr. Sweeney. “As we did with 2015 goal is unlikely to be met. A major aside a veto to make expansion of the lock military base closures where it was recog- contributing factor is that record high corn system on these rivers one of the centerpiec- nized that corrosive parochial politics could prices from the ethanol boom are bringing es of its new Water Resources Development not be controlled, we need an independent more farmland on line increasing fertilizer Act (WRDA). The question now is whether national commission to rank our infrastruc- use in the Basin. In fact, U.S. farmers plant- Congress finds the funds to authorize the $2 ture priorities.” ed more than 93 million acres of corn this billion lock expansion plan. The WRDA year, the most since 1944. EPA estimates authorized some 940 projects that would cost Source: Public Employees for Environmen- that up to 210 million pounds of nitrogen a total of approximately $23 billion to com- tal Responsibility News Release, 1/15/08. fertilizer enter the Gulf of Mexico per year. plete. The Upper Mississippi Lock project is Contact: Carol Goldberg (202) 265-7337 And scientists say they expect the tonnage to the second largest project in that bill, behind increase with corn acreage, especially since the multi-year Everglades “restoration” ef- corn absorbs less nitrogen per acre than fort. Gulf Dead Zone Progress Delayed other crops such as soybeans and alfalfa.

Large, cumulative and sustained decreases The government goal of restoring the Without more political will from all of in barge traffic have occurred at every Up- sprawling “dead zone” in the Gulf of Mexico the Mississippi River Basin states many per Mississippi River and Illinois Water- by 2015 is unlikely to be met, according to a researchers say the dead zone problem will way lock, with the most heavily utilized plan released recently by a federal and state persist long into the future, at the peril of the locks experiencing an average 36% traffic task force. The new plan updates a decade- Gulf’s ecosystem. Environmentalists are reduction since the Corps and its boosters old blueprint for restoring water quality in warning that the Gulf could reach a tipping began advocating for lock expansion back the zone, which stretches from the mouth of point where it is unable to maintain stability. in the early 1990s. This downward trend is the Mississippi River to the Texas state line. “The ecosystem might change or collapse likely to continue as the leading barge line The revised document calls for states along as opposed to being just impacted,” said forecasts even lower grain traffic in coming the Mississippi River to enact strict water Matt Rota of the New Orleans-based Gulf years. Barge demand in the region consists quality standards and encourages farmers to Restoration Network. “These are things we primarily of grain and other agricultural limit fertilizers on lands near streams. all were well aware of in 2000 and 2001. products. There’s nothing particularly new in what A decade ago, a team of government experts they’re proposing,” said Don Scavia, a pro- Barge traffic is now so light that the locks and environmental researchers banded fessor of natural resources and environment sit idle more than half of the year. At the together to tackle the problem of a grow- at the University of Michigan who led one same time, an aggressive rehabilitation ing lifeless, oxygen-depleted zone of ocean of the first federal studies of the dead zone in program pursued by the Corps is keeping water stretching over more than 6,000 square 2000. “We’re now starting to find impacts lock unavailability at historic lows. “Traf- miles, an area larger than the state of Con- on the shrimp catch. . . . We’re at the point fic is so sparse that the Corps doesn’t even necticut. Four years later, their research where it may be hard to recover, because the bother to schedule the barges to minimize on the Gulf “dead zone” led to an agree- ecosystem has changed so much.” congestion,” stated PEER Executive Direc- ment among nine states, numerous federal tor Jeff Ruch. “The Upper Mississippi lock agencies and two American Indian tribes After the 2001 agreement, federal agencies expansion is the poster child for pork barrel to significantly reduce the size of this zone and Mississippi River states went forward myopia in Congress.” by 2015. But solving the problem is a vast knowing they would have to reduce pol- undertaking. lutants in the river using existing federal This project has been steeped in controversy programs because no “dead zone” line item since the mid 1970’s. Then in 2000 the Fertilizer runoff and wastewater from farms exists in any federal budget. Along those Corps’ own lead economist on the project, and towns upstream in the nation’s heartland lines, the USDA provide incentives to en- Dr. Donald Sweeney, filed an explosive wash billions of pounds of excess nutrients courage farmers to retire farmland to prevent whistleblower disclosure documenting how into the Mississippi, and eventually the Gulf, erosion, restore wetlands that could soak up top Corps commanders had grossly manipu- each year, sparking unnatural algae blooms fertilizer runoff, and install buffers between lated the cost-benefit study used to justify that die and decay choking off the oxygen fields and streams. And the EPA programs the project. This scandal triggered a battle supply vital for marine life in the deeper encourage states to set limits on the nutri- about how to “reform the Corps” which was waters of the Gulf. A diffuse network of ents released into their waterways. But the a major factor in holding up subsequent streams and creeks feed into the tributaries majority of these programs are voluntary, WRDAs until late 2007. of the Mississippi River draining more than relying on farmers or municipalities who 40 percent of the continental United States. may never have seen the Gulf of Mexico to Nonetheless, the Corps ultimately endorsed So pinpointing and halting the source of the take the initiative. the lock expansion but, in response to scath- problem is very complex and has eluded ing critiques from the National Academies policymakers over the years. Additionally “The lag times are tremendous . . . it may of Science and other authorities, promised targeted federal financing to address the be four, five, six years before a farmer sees to correct its economic models to eliminate problem has never materialized. reductions in nitrogen,” said Otto Doer- systematic biases favoring construction. ing, a professor of agricultural economics Its revised study on the Upper Mississippi Now at the halfway mark for the 2015 goal, at Purdue University in Indiana. “This is project is still not completed. the dead zone is still growing — reaching something you have to do on faith . . . and 4 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

it’s tough to go on faith when faith costs dential lots and creating rain gardens. you something.” Low-impact practices aim to replicate USDA officials point to nearly 4 million the predevelopment hydrology. Often, acres of farmland taken out of produc- this strategy results in reduced control- tion for wetlands or buffer zones between and-treatment costs, saving communities’ 2000 and 2006, and 18.3 million acres money. Low-impact development also can under nutrient management plans. But be used to retrofit existing sites as well. with corn prices reaching record highs to feed the nation’s hunger for ethanol pro- The report recommends maximizing a duction, more than 15 million new acres development’s open space to let stormwa- of farmland were devoted to corn this year ter filter gently into the ground and using than in 2006. Gary Mast, USDA’s deputy engineered structures or landscape features undersecretary for natural resources and to capture runoff. It also advocates using environment, points out that additional landscaping to reduce runoff. Although farmland doesn’t necessarily translate to some runoff-reducing infrastructure, such more nutrient pollution. “It depends how as green roofs, is expensive, many other Conservation farming practices and reduced those extra acres are managed,” he said. practices reduce initial costs for site grading runoff can go a long way toward solving the “If they’re managed correctly, we don’t and stormwater infrastructure. Total capital dead zone and other environmental issues in have to go backward. “ cost savings range from 15 to 80 percent our rivers and streams. (USDA - NRCS Photo). for low-impact projects, the report says; But in the years since the 2001 report, peake Bay and the Gulf since the 1980s. “I although it notes there are exceptions where many researchers have criticized a lack of would say based upon past practice, I don’t low-impact projects cost more than conven- coordination among the states and a lack of have any great reason to think the action tional treatment practices. leadership by the EPA. And a recent Na- plan means ‘action.’ “ tional Research Council report calls on the The study did not take into account aesthet- EPA to be much more vigilant in enforcing Sources: Chris Kirkham, New Orleans ics, expanded recreational opportunities and nutrient pollution, calling the Mississippi Times-Picayune, 12/3/07; Henry C. Jackson, increased property values in its cost-benefit River system an “orphan” in need of guid- AP/MSNBC.com, 12/17/07; and Greenwire, analysis. A .pdf copy of the report can be ance (See the November/December issue of 12/4 and 12/18/07 found online at: http://www.epa.gov/owow/ River Crossings). nps/lid/costs07/

The original goals from the 2001 report that Green Development Techniques Source: Katherine Boyle, Greenwire, 1/9/08 were not achieved include: • water quality monitoring stations in the and Runoff Mississippi were scaled back instead of be- High Levels of Atrazine Found Changing development practices to improve ing expanded; and in Midwest Waterways • regional limits on nutrients were supposed stormwater management could help curb wa- ter pollution and lower developers’ costs, the to be set by late 2002, but still are not in Pesticide manufacturer Syngenta Corp. place. U.S. EPA said in a report released in early January. Pollution from stormwater is ex- recently conducted an analysis of one of its most popular chemicals (atrazine) used to New goals in the revised plan include getting pected to rise with the tide of development. About 25 million acres were developed kill weeds in corn crops and found that the more specific data about whether conserva- substance is turning up in streams and rivers tion programs are working and targeting between 1982 and 1997 and an additional 68 million acres are expected to be developed nationwide at levels that are high enough conservation programs to farmland and cities to potentially harm amphibians, accord- that contribute the most nutrients to the river between 2000 and 2025 if recent trends continue, the report says. ing to documents obtained by the Natural system. Benjamin Grumbles, U.S. EPA As- Resources News Service. The analysis was sistant Administrator and the chairman of the EPA’s report urges what it calls low-impact conducted by the company for use in a U.S. federal task force to address the dead zone EPA database on the chemical. said that even though it may not be possible development practices to supplement traditional control-and-treatment strategies to achieve the plan’s original goals by 2015, In the Midwest, the level of atrazine in two “We’re not taking it off the table, and at the that aim to limit peak flows of stormwater and reduce concentrations of silt and other Missouri watersheds spiked to reach a “level very least we’re going to make progress of concern” in both 2004 and 2005, accord- toward this. suspended solids. Current practices “fail to address” widespread changes in a watershed ing to the EPA. Also, an Indiana watershed exceeded the threshold for atrazine in 2005. But some researchers say the new plan re- that increase runoff, cause erosion and de- grade stream channels, the study says. The emergence of the analysis is important treats from the specific timelines set in 2001, because environmentalists maintain that simply calling for progress to be made again much of the data on atrazine levels in water in five years. “All of the items in the plan Low-impact development attempts to manage runoff on a regional level, within sources has remained private in years past should be pursued, for sure, but it comes because EPA was conducting a reregistration as too little too late in many respects,” said a neighborhood or at a specific site. EPA conducted 17 case studies across the country, analysis of the chemical that was finished Donald Boesch, president of the University last year. of Maryland Center for Environmental Sci- examining strategies that include limiting road widths, designing more compact resi- ence, who has studied dead zones in Chesa- Atrazine, the second most widely used 5 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008 weedkiller in the country, has been linked Virginia Commonwealth University, said ents to screen the substances in the products to sexual abnormalities in frogs and fish in “chronic low-level exposure” to atrazine can for their ability to negatively affect human several scientific studies, but the EPA ruled harm aquatic life. “I don’t think low levels hormones, the agency announced in mid in September that the evidence was not of atrazine exposures are safe,” deFur said. December. The 73 chemicals set for testing sufficiently compelling to restrict use of the were announced earlier this year as a part of pesticide. EPA spokeswoman Jennifer Wood EPA has asked Syngenta to do additional EPA’s Endocrine Disruptor Screening Pro- said the agency “has concluded that atrazine monitoring at the two northeastern Missouri gram. The draft list includes both pesticidal does not adversely affect gonadal develop- sites where atrazine concentrations signifi- chemicals and chemicals added to pesticide ment in frogs, based on a thorough review cantly exceeded the 10 parts per billion level products — called “inerts” — that enable of 19 laboratory and field studies, including at which the agency believes impacts to the pesticidal chemical to distribute over a studies submitted by [Syngenta] and others aquatic systems occur. In fact atrazine con- surface more efficiently or give it certain in the public literature.” centrations in these two watersheds reached qualities that cause the pesticide to kill its more than 50 parts per billion for days at a target more effectively. The pesticide is popular among corn and time. Wood, the EPA spokeswoman, said sorghum farmers despite the controversy the Indiana watershed did not trigger the Endocrine disrupters affect glands and hor- because it is inexpensive and blocks pho- agency’s level of concern in 2006 and the mones that regulate many bodily functions, tosynthesis, thus killing plants to which it company will be monitoring it for another most notably reproduction. They are also is applied. “It works and it’s inexpensive, year. suspected to be the cause for sex reversals and that’s what farmers love,” said Tim observed in fish and other organisms in Pastoor, head of toxicology at Syngenta. Pastoor, who noted that atrazine’s effect of many of our nation’s rivers. The 1996 Food “It’s magic for them. It’s like the aspirin of stunting plant growth is reversed as soon Quality Protection Act requires EPA to crop protection.” The federal government as the pesticide is taken away, said the fact screen certain chemicals for their potential first approved atrazine in the 1950s, but it that two watersheds showed high levels of health effects. If the agency finds that any came under increased scrutiny in the late exposure “doesn’t mean there’s a problem chemical acts as an endocrine disruptors, 1990s after Tyrone B. Hayes, a professor there. It just means there’s a yellow flag then it will take regulatory action, including of integrative biology at the University of that says you should take a look.” The two potentially banning the chemical’s use. California at Berkeley, did a series of studies sites in question, he added, were prone to — first for chemical companies and then on excessive runoff because they have an im- his own — that indicated that tiny amounts pervious clay soil that channels runoff into of the pesticide de-masculinized tadpoles of waterways, the land is sloped, and one of the African clawed frogs. farmers working the land had cleared much of the vegetation. Syngenta sales agents and The European Union declared atrazine a local corn growers are trying to reform the harmful “endocrine disrupter” and banned practices of the farmer in question, he said. it as of 2005, but the EPA decided to allow “We anticipate that site will significantly its continued use after determining that the improve,” Pastoor said, adding that the com- agency lacked a standard test for measuring puter models Syngenta ran suggest there has the hormone-disrupting effects of chemi- been no ecological damage to the watersheds cals. Instead, EPA officials and company the company has monitored. representatives agreed on a plan to monitor atrazine levels in “40 of the most vulnerable Hayes, who stopped working as a contractor watersheds in the country,” said Jim Jones, for a coalition of chemical companies years deputy assistant administrator for the EPA’s ago and is now one of atrazine’s most vocal Office of Prevention, Pesticides, and Toxic opponents, said he does not think the fed- Substances. Syngenta has collected more eral government is surveying the pesticide EPA’s Office of Prevention, Pesticides and than 10,000 samples since 2004, Pastoor enough in light of its pervasive influence. Toxic Substances (OPPTS) is asking compa- said, taking readings at least every four days “What’s most disturbing about the informa- nies that make pesticides and their ingredi- at each site tion you’re talking about is all that EPA ents to submit testing data on the chemicals. requires Syngenta to do is monitor atrazine The agency will use that data to determine Nancy Golden, a biologist and toxicologist at in a few key sites,” Hayes said. “Industry’s if the chemicals cause harm to the human the U.S. Fish and Wildlife Service who stud- been allowed to have such a huge hand in endocrine system via a variety of exposure ies how chemicals affect aquatic creatures, the regulation of atrazine,” he said. pathways such as air, water and food. EPA said fish exposed to as little as 0.5 parts per will administer the testing by sending out billion of atrazine in the lab demonstrate Sources: Juliet Eilperin, Washington Post, test orders to all registered manufacturers behavioral problems. At higher levels, they 12/9/07; and Greenwire, 12/10/07 of a pesticide product or, in the cases of experience stunted growth. And the levels companies that manufacture inerts, to the of atrazine in 2004 in the two Missouri sites direct manufacturer of the chemical being were more than 100 times the 0.5 parts per Hormonal Effects of Pesticides used as an inert and not a smaller company billion concentration, Syngenta data show. to be Tested that buys the inert and then formulates it into Golden said the data documented “atrazine a product. levels that are sustained at pretty high levels Next year the U.S. EPA will begin requir- for several weeks. That’s definitely a cause ing chemical companies that manufacture EPA plans to begin sending test orders out to for concern.” Peter L. deFur, a biologist at pesticide products and their various ingredi- companies in June. All of the testing work 6 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

and EPA evaluations of the subsequent data As to their expectations that the screen- dams. Less water means less pressure on the is scheduled for completion sometime in ing work will identify harmful qualities in dam — and less damaging consequences 2010. When necessary, EPA will require some of the 73 chemicals, McAllister and in the event of a breach, officials said. The companies to form groups to offset the costs White said they expected there will be some Corps plans to spend more than $300 million of the testing work, which in most cases will regulatory repercussions from the tests once over seven years to repair leaks that formed be farmed out to various private research they are complete. “I would be surprised if because the dam was built decades ago on labs contracted by the companies ordered you went through 73 compounds and didn’t limestone full of fissures and caves. to conduct the testing, as opposed to being see an endocrine disrupting effect in at done in-house. The companies will then least some of them,” McAllister said. “But In the report, the Corps confirms its pre- send the data to EPA, and the agency will a practical effect from those evaluations ferred fix: filling gaps with grout and install- assess it and make a regulatory decision on is what will not be clear. In many cases ing a 275-foot deep concrete wall along the whether to ban a chemical or change the al- already, a substance has been identified as 4,000-foot-long earthen portion. In doing lowable legal status of its use. harmful by the agency or another regulatory so, it rejected a proposal from outside advis- body and mitigation has taken place.” “I ers who said replacing the earthen portion If a company feels it is being asked un- think [the program] will shed some light on with a new one made of concrete would be fairly to conduct testing on a substance for some chemicals that there previously has not the best long-term solution. Easterling said endocrine effects, then it must file a lawsuit been a whole lot of public data on,” White that would cost too much, take too long and in federal court against EPA seeking a stop added. require emptying the lake. order on the testing requirement. Otherwise, if a company refuses to conduct the required Source: Russell J. Dinnage, Greenwire, Sources: James Bruggers, Louisville testing, EPA can fine the company as much 12/19/07 Courier-Journal, 12/18 and 12/19/07 as $32,500 per day under the federal statutes governing pesticides and toxic chemicals. But OPPTS senior policy adviser Bill Jordan Cumberland River/Wolf Creek Dam $177 Million Settlement said that EPA hopes to avoid a situation Update in MO Dam Collapse where progress on the Endocrine Disruptor Screening Program is tied up by numerous Maintaining lower water levels in Ken- Missouri-based utility Ameren Corp. and federal lawsuits. “Before a company files tucky’s Lake Cumberland behind the leaky Missouri Attorney General Jay Nixon (D) a lawsuit, we would like the contestants Wolf Creek Dam will hurt that region’s announced in mid November a $177 million to come in to meet with us informally and economy and threaten the environment, a settlement over the 2005 collapse of the make their case as to why they feel they U.S. Army Corps of Engineers (Corps) study Taum Sauk Dam. The settlement clears the should not be required to conduct testing,” has found. But the document reiterates what way for Ameren to rebuild the reservoir on he said. Corps officials have already said — Not fix- top of Proffitt Mountain. Federal regulators ing the dam risks a break and flooding along already have approved Ameren’s rebuild- But pesticide product and chemical manu- the Cumberland River, with a potential loss ing plans, and the utility has hired contrac- facturers said there are a lot of unanswered of more than 100 lives and billions of dollars tors and a design firm. “At long last we’ve questions about the endocrine screening gotten a settlement with the state agencies,” program, chief among them being how much Normally, environmental studies are done Ameren Chief Operating Officer Thomas all of the testing work will cost the industry before a federal agency takes an action as Voss said. “We now can concentrate on in both paperwork/administrative fees and in significant as lowering water levels in a rebuilding.” actual testing and reporting fees. “I think it major reservoir by more than 40 feet, as the will be quite an extreme burden,” said Ray Corps did last winter, said Wayne Easter- About 1 billion gallons of water spilled from McAllister of the leading pesticide trade ling, a Corps biologist who helped write the the Taum Sauk project’s upper reservoir association CropLife America. “EPA is esti- report. In this case, however, the study came in 2005 when a breach in the dam caused mating that the paperwork burden alone over later because lowering the lake was consid- a large portion of the structure to collapse. a three-year period will cost the industry ered an emergency, he said. The water flowed through a state park and $6.8 million.” into the East Fork of the Black River, caus- Officials said they’ve been working to offset ing flooding in nearby towns. Last year, But, despite many unknown details about any dire consequences by extending boat the Federal Energy Regulatory Commis- how the program will eventually play out, ramps, helping communities extend drink- sion found that improperly maintained and McAllister, Sarah Brozena of the Ameri- ing water intakes, tweaking dam operations installed water-level monitors were to blame can Chemistry Council and Michael White and promoting recreation. “Everybody did a for the accident. attorney for the Chemical Producers and really good job,” said Marcheta Sparrow, the Distributors Association all said they felt new Kentucky Commerce Cabinet secre- The lawsuit filed by the state attorney gen- EPA was doing its best to not make the tary who previously headed the Kentucky eral last year accused Ameren of delaying screening work overly burdensome for the Tourism Council. “State and local tourism repairs even though it knew the water moni- industry. “I do think there is some sense of officials worked very well to communicate toring systems were not working. Nixon fairness in this program on EPA’s part to use the message that Lake Cumberland was still acknowledged though that there was not methods for obtaining data that they’ve used a great lake to visit,” she said. enough evidence to pursue criminal charges in the past through test orders,” White said. against the utility. Settlement terms call for “They haven’t gone off half cocked and set The Corps lowered the lake surface to most of the $177 million to be spent cleaning up some new system.” 680 feet above sea level in January after up the flooded park, including $51 million declaring Wolf Creek among its highest-risk that already has been spent. Another $18 7 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008 million will go toward extending the Katy utility’s four dams along the river. overused is “certainly in the tens of mil- Trail, a 225-mile biking and hiking path that But PacifiCorp claims the algae is a natural lions” of gallons. traverses most of the state. result of agricultural wastes, not dam-related waste. A spokeswoman said the utility is Bruning called the letters “another step in the But Susan Flader, a policy coordinator for funding studies of the algae in reservoirs and process of resolving this dispute.” He added the Missouri Parks Association says Mis- looking at options to reduce it. that he hoped the matter could be resolved souri was shortchanged in the settlement without a lawsuit and that he was confident because it leaves problems for a Katy Trail Sources: Jeff Barnard, AP/Portland Orego- Nebraska would achieve compliance without link from Windsor to the Kansas City area nian, 12/6/07; and Greenwire, 12/10/07 the “drastic actions” proposed by Kansas. and doesn’t protect a pristine natural area Barfield said that meeting Kansas’ demands near Taum Sauk. The group plans to file to reduce irrigation would require the shut- objections during a 30-day public comment KS/NE Water War ting down of wells supplying about 500,000 period, Flader said. acres of the roughly 1.2 million irrigated Kansas Attorney General Paul Morrison (D) acres in Nebraska’s part of the Republican While the Katy Trail is atop an abandoned and the state Division of Water Resources River Basin. rail bed, the extension described in the have informed Nebraska Attorney General settlement will be built beside the rail bed. Jon Bruning (R) and Nebraska Department Nebraska Gov. Dave Heineman (R) said that Ameren wants to retain the rail bed for pos- of Natural Resources Director Ann Bleed state and local officials imposed water man- sible future use. The agreement requires the that they intend to sue Nebraska unless it agement plans that would resolve Kansas’ trail to be 25 feet from the rail bed’s center reduces the amount of water it is taking concerns. “We intend to continue in good line, and Ameren agreed to pay $18 million from the Republican River. The letters also faith with that effort,” he said. toward the trail’s construction. But the state said that Nebraska must pay penalties for will have “all the trail crossings, bridges and taking too much water from the river in the Sources: AP/New York Times, 12/20/07; and culverts to build,” Flader said. “It can’t be past, exceeding what it was allowed under Greenwire, 12/20/07 done for $18 million.” She said she feared an interstate agreement for the years 2005 opposition from the farm lobby, and that the and 2006 by about 27 billion gallons. That General Assembly would balk when it is is enough to supply a city of 100,000 people MT/WY Water War time to appropriate the money. “I’m afraid for 10 years. they’re (legislators) going to decide they The Office of the Solicitor General in early can’t responsibly do it,” Flader said. But Water use from the Republican River is gov- January filed a brief urging the Supreme state park officials say the trail is doable. erned by a 2003 decree from the Supreme Court to accept Montana’s lawsuit against Court, which approved a settlement among Wyoming over water rights on the Tongue Sources: Tomich/Young, St. Louis Post-Dis- and Powder rivers. In response to a request patch, 11/29/07; Bill Graham, The Kansas by the Supreme Court last summer to submit City Star, 12/2/07and Greenwire, 11/29/07 a brief expressing the position of the United States, the solicitor general’s brief said, “In the view of the United States, the state of Billion Dollar Reservoir Lawsuit Montana’s motion for leave to file a bill of complaint should be granted.” Environmental groups and American Indian tribes in early December filed a $1 billion Montana contends that Wyoming violated lawsuit against PacifiCorp, accusing the the Yellowstone River Compact by taking power company of producing hazardous more water out of the river systems than is waste in the Klamath River. The lawsuit, allowed under the 57-year-old agreement. It filed in federal court in San Francisco, argues that the compact includes all waters claims the company’s hydroelectric dams in the basins, not just surface flows in the on the river produce toxic algae that harms main streams, so Wyoming violated the both salmon and people. “PacifiCorp is Colorado, Kansas and Nebraska from a law- agreement with groundwater depletion from both creating and releasing this algae, and suit that Kansas filed in 1998. Morrison said the development of coalbed methane. they are refusing to take responsibility for that Kansas would consider going to court the pollution their dams are creating,” said if Nebraska did not agree to its demands. But Wyoming interprets the agreement dif- Regina Chichizola of Klamath Riverkeeper, “Absent such a resolution, we will have no ferently, saying it was not intended to apply a nonprofit river conservation group that choice but to pursue a litigation solution,” he to tributaries of the stream or to ground- filed the suit with elders of the Yurok and wrote. water. In addition to proposing that the Karuk tribes, and the owner of rental cabins court accept Montana’s complaint, Solicitor along the river. “I don’t think there’s any question that General Paul Clement also invited Wyoming they’ve overused the water,” Morrison to file a motion to dismiss. The next step is The lawsuit demands $1 billion in damages spokeswoman Ashley Anstaett said of for the Supreme Court to decide whether to under the Resource Conservation Recovery Nebraska. “We believe that our remedy follow Clement’s advice, Montana Attorney Act, which governs hazardous waste dis- package is fair and will begin to get them on General Mike McGrath (D) said. posal, and an order by the court to Pacifi- the right track with compliance.” Kansas Corp demanding it put a stop to the algae, Division of Water Resources Chief Engineer Sources: Lorna Thackeray, Billings Gazette, an action that could require removing the David Barfield said the amount of water 1/3/08; and Greenwire, 1/3/07 8 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

WY Issues First Mercury Corps Reconsiders with the Corps. “Opponents of coal mining Advisory for State Fish Mountaintop Coal Mine Permit are attempting to shut down the industry in Kentucky on the basis of this challenge, Wyoming became the last state in the lower The Army Corps of Engineers (Corps) in so we are not disappointed that the Corps 48 to warn about possibly unhealthy levels early January told a West Virginia-based chose to take adequate time to evaluate the of mercury in fish, advising anglers in mid mining company to stop a large-scale documentation on which the permit deci- December to be cautious about eating some mountaintop-removal expansion in Leslie sion was made,” Gamm said. “Valley fills saltwater fish and fish taken from Big Horn, County Kentucky that it approved in De- are essential for all types of coal mining in Seminoe and Pathfinder reservoirs. “Eating cember. Col. Raymond Midkiff, Louisville the steep terrain of Eastern Kentucky, which fish with high amounts of mercury can cause district commander for the Corps, said in makes the successful defense of this lawsuit health problems, especially in children,” said a letter that he was suspending a permit to critical to a significant part of Kentucky’s Timothy Ryan, environmental public health fill streams with waste rock at anInterna - economy.” section chief with the state Department of tional Coal Group (ICG) Hazard mine near Health. Hoskinston. Midkiff said he wants to review Source: James Bruggers, Louisville Courier- issues environmentalists raised in an early Journal, 1/3/08 ”In general, Wyoming fish are low in mercu- December lawsuit against the Corps. ry,” Ryan said. “But we are recommending that women of childbearing age, pregnant “We’re going to take a closer look,” said Coal Giant to Pay women, nursing mothers and children under spokeswoman Carol Labashosky. It is the $20M in Fines to KY/WV the age of 15 should eat more small Wyo- first time the Corps’ Louisville District has ming-caught fish and fewer large fish, and withdrawn a valley fill permit for surface Central Appalachia’s largest coal mining should avoid eating channel catfish, bass, mining, Labashosky said — though envi- firm,Massey Energy Co., will pay a $20 sauger and walleye from certain waters.” ronmentalists note that Corps officials who million civil penalty to resolve alleged Clean For others, the agencies advise prudent oversee waterway protection in West Virgin- Water Act violations stemming from massive consumption of fish low in mercury and no ia have done the same, only to re-issue them pollution discharges at its mines in Kentucky more than one to two meals per month of later. The decision was outlined in both and West Virginia, U.S. EPA and Justice fish high in mercury. Freshwater fish low in the letter sent to the coal company and in a Department officials announced in mid mercury include Wyoming-caught trout and motion filed December 27 in U.S. District January. The fine, based on more than 4,500 farm-raised tilapia and catfish. Court in Louisville, where the environmental documented incidents of permit violations, groups filed suit. was touted by regulators and the Justice Department as the largest civil penalty in In that lawsuit, the Sierra Club and Kentucky EPA history levied against a company for Waterways Alliance (KWA) claim that rock wastewater discharge violations. and other mining “spoils” pushed into val- leys from surface-mining activities would “This is a landmark settlement for the envi- bury two miles of Kentucky streams, and ronment, and it raises the bar for the mining that the Corps erred in determining that the industry,” said Granta Nakayama, EPA’s mining would not degrade water quality. assistant administrator for enforcement and The expansion would allow the destruction compliance assurance, in a statement. In ad- of about two square miles of mountains, the dition to the civil penalty, EPA said Massey environmentalists claimed. has agreed to spend $10 million to imple- Mike Stone, fisheries chief with the Wyo- ment procedures to prevent future violations, ming Game and Fish Department, explained “This is a great victory,” said Judith Pe- and it will set aside 200 acres of riverfront that the size of fish is a factor in mercury tersen, executive director of KWA, adding land in West Virginia for conservation pur- levels in the fish. ”The longer a fish lives, that it “is an admission that the Army Corps’ poses, according to terms of the agreement. the greater its chances of accumulating mer- regulatory program has serious problems.” cury in its tissues,” Stone said in a joint news She said the Corps had not adequately as- EPA filed a multiple count complaint against release issued by the state health and game sessed how the new mining might add to Massey last May, citing repeated violations agencies. “In general, fish that feed on other water-quality problems that exist from other of wastewater discharge permits between fish or bottom-feeders are also more likely to mining in the area. At the same time, Pe- January 2000 and December 2006. Among accumulate mercury.” tersen said she expects the Corps eventually other things, the complaint alleged that will re-issue the permit and that further court Massey discharged excess quantities of State Game and Fish spokesman Erik challenges might follow. “We’ll follow it heavy metals, sediment and acid mine drain- Keszler said only Alaska has yet to issue a just as far as we have to follow it,” said Teri age into hundreds of rivers and streams in mercury advisory. Mercury is a naturally oc- Blanton, a Sierra Club member. Blanton West Virginia and Kentucky. The com- curring element that is distributed throughout said there are other places besides streams plaint also alleged that Massey spilled large the environment by both natural processes where coal companies can put the excess amounts of mine slurry — a highly toxic and human activities. High amounts of mer- material and that the Corps had not seriously mixture of water, sediment and coal tailings cury can damage the human nervous system, looked at those options. — into the region’s streams numerous times, particularly in developing fetuses. destroying fish and other aquatic life. “The Ira Gamm, vice president of public and spills occurred as a result of failures in the Source: Bob Moen, AP/Casper Star-Tri- investor relations at ICG, said the parent processing, storage and transportation of bune; 12/11/07 company and its subsidiary would cooperate coal slurry,” EPA and the Justice Department 9 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008 said in a release announcing the settlement. in Ohio, West Virginia and Pennsylvania Whatever the mechanism of transmitting are orange and lifeless, poisoned by toxic the botulism, scientists in 1999 counted 311 Roger Hendriksen, Massey’s director of waters that spew from coal mines abandoned birds in Lake Erie that appeared to die of investor relations, declined to answer ques- decades ago. The states struggle to keep up it. The next year they counted 8,000, and tions about the agreement. But he said with the volume and with cleanup costs. So the toll has remained in the thousands in the the company was pleased to have reached state officials are watching the experimental Great Lakes every year since. And instead a settlement “that provides local environ- treatment that Battelle scientists say cleans of fading quickly as outbreaks did in decades mental benefits, adds to our efficiency in the water and separates chemicals that can past, the toxin has spread — first through handling environmental issues and resolves be sold to farmers and sewage-treatment Lakes Erie and Ontario, then Huron. In shareholder concerns about potential li- plants. 2006, Lake Michigan was the most recent ability.” Environmental groups said they lake to be affected and by last autumn was were generally pleased with the settlement, “It takes it all out,” said Nicholas Conkle, one of the hardest hit. though some noted the $20 million fine was a Battelle researcher who tested the system disproportionately small given the extent near a Pennsylvania stream late last year. In spreadsheets, scientists have noted the of the damage done by Massey’s mining Pennsylvania paid $1.5 million of the proj- fatal effects of the annual outbreaks on more operations, which include 33 underground ect’s $3.4 million cost. Ohio officials said than 50 species of birds throughout the Great mines and 11 surface mines in West Virginia, that about 1,300 miles of their state’s streams Lakes, from bald eagles to lowly pigeons. Kentucky and Virginia. are contaminated with acid mine drainage. The list names 16 species of ducks, four And twenty-three miles of Raccoon Creek... types of grebes and six types of gulls. It “The settlement is not perfect, but it’s a have been fully restored, said Mitch Farley, includes double-crested cormorant and four move forward to hold accountable one of chief of Ohio’s acid mine drainage program. of Lake Michigan’s tiny piping plovers, a the worst actors in the mining industry,” said “Most of these watersheds are eaten up with bird so threatened its nests get protection Margaret Janes, senior policy analyst for the mining,” he said. “There are always many, from police tape and fences at Sleeping Bear Appalachian Center for the Economy and many projects to do.” Dunes National Lakeshore. the Environment in Lewisburg, WV. Hugh Rogers, president of the West Virginia High- Battelle and its business partner, Winner lands Conservancy, said the consent decree, Global Energy and Environmental Services which is subject to a 30-day public comment of Sharon, PA, are now looking for a new period, represents a “startling change” in the site to test a full-scale filtering system. “We Bush administration’s approach to regulat- believe the chemistry is doable. We’re ing the coal mining industry. “I would have showing that,” said Michael von Fahnestock, liked to see them take more,” Rogers said a Battelle researcher. Farley said his state is of the fine. “But I’m glad they settled. I interested. “If they’re willing to come and think that’s a confession that [Massey] really look at some projects in Ohio, we definitely screwed up.” have some areas that would be suitable.” Gull infected with botulism. (Michigan Department of Natural Resources Photo) Robert Klepp, EPA’s lead attorney involved Sources: Spencer Hunt, Columbus Dispatch, with the settlement, said the $20 million 1/8/07; and Greenwire, 1/8/08 fine was in accordance with the Clean Water Recently, the deaths of many hundreds of Act’s guidelines for how EPA can collect loons have focused a new urgency on the for a particular set of alleged violations. He Invasive Species now-annual die-offs that occur from summer added that the civil penalty, combined with and Waterfowl Botulism to fall. Loons live in small numbers, are the other measures Massey agreed to under slow to reproduce and are a symbol of the the decree, should have a “deterrent effect” The mounting toll of Type E botulism on mi- northern wilderness. The die-off that ended on mining firms that attempt to skirt envi- grating birds in the Great Lakes has stoked in November claimed an estimated 3,500 to ronmental laws in the future. “A lot of what fears among researchers and ecologists that 8,500 birds — including the loons and plo- we’ve done in terms of settling this matter blame for the deaths lies with invasive popu- vers — over hundreds of miles of beach in is future-looking,” Klepp said. “We want to lations of zebra mussels and round gobies — seven northern Michigan counties. It spread ensure compliance from this day forward. which arrived in ballast tanks in the 1980s from an estimated 2,900 birds in 2006 along ... This [settlement] says you don’t get to and 1990s — spreading over the Great Lakes just 14 miles of shoreline at Sleeping Bear benefit by avoiding environmental require- and effectively creating a new food chain. Dunes, said dunes biologist Ken Hyde. ments.” Zebra mussels and their deep-water kin, The die-off has sparked preparations for a Source: Daniel Cusick, Greenwire, 1/17/08 quagga mussels, filter naturally occurring sprawling and macabre bird count in 2008 botulism and other toxins from the water. that will involve scores of volunteers comb- Gobies eat the mussels, and birds, in turn, ing hundreds of miles of Lake Michigan Filter Could Reduce eat the gobies. Scientists theorize this new beaches over the summer and fall — to add Coal-mine Runoff food chain is concentrating botulism and up, bury and haul off what are expected to other toxins and passing them up to preda- be thousands more poisoned birds and fish. An experimental filter could be the key to tors. The theory is the subject of a handful ”We wish we weren’t dealing with this,” said curbing toxic runoff from abandoned mines of scientific papers and upcoming research Mark Breederland, extension educator for according to scientists at Battelle Research. proposals. the Michigan Sea Grant research program Company. Thousands of miles of streams which is organizing the upcoming response.” 10 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

In 2007 the heightened threat to Lake to kill invasive freshwater animals and plants spokeswoman for the California Department Michigan became clear over the summer, living in the tanks. of Fish and Game, which announced the when shore birds began dying, possibly of zebra mussel’s discovery. “They’re prolific picking maggots off infected fish carcasses Invasive species such as zebra and quagga breeders. A female can produce 40,000 that washed ashore. Then came autumn. mussels which arrived in the Great Lakes via eggs in a single spawning, and over a season “We were getting so many loons,” said ballast water discharges are responsible for about a million. That’s a lot”. Thomas Cooley, a Michigan Department of an estimated $5 billion per year in economic Natural Resources biologist who performed and environmental damages. “Ballast water Sources: Deborah Schoch, Los Angeles necropsies on the birds. It takes 10 or 12 of is the most important way these species get Times, 1/16/08; and Greenwire, 1/17/08 the big birds to cover a laboratory table, he into the lakes, and this new rule will be very explained. “When you have two or three helpful,” said Hugh McIsaac, a researcher tables covered with those, it’s pretty sober- at the University of Windsor, who said a Bugs Used to Fight Invasive Species ing to look at that.” study he participated in last year showed that flushing tanks with saltwater killed 95-99 Biological control is seen as an alternative to Among the birds found dead was one of the percent of foreign organisms in the tanks. pesticides and herbicides, which are contrib- most-studied loons in Michigan, a venerable uting to pollution problems worldwide, and male with four boldly colored tags on his But nearly everyone said the saltwater flush- in Florida, researchers have been evaluating legs and a name: C-3. Each year since 1993, ing will not stop all invasive species. Terry biological controls for decades So far, they he had been observed at an Upper Peninsula Johnson Jr., administrator of the St. Law- have unleashed about 70 predator species pond in the Seney National Wildlife Refuge, rence Seaway Development Corp., said the from other countries hoping to rid the state said Damon McCormick, a biologist at Com- rule was an interim measure until Congress of pests such as alligatorweed, the pink hi- mon Coast Research and Conservation who acts on pending legislation, which would biscus mealybug, citrus canker, hydrilla and, studied the bird. Researchers knew C-3 had require more high-tech methods to sterilize most recently, the Mexican “evil weevil,” spent much of his life with the same female tanks than saltwater. The shipping industry which threatens to wipe out the state’s native loon on a secluded pond in a corner of the has lobbied against the legislation, saying it bromeliads. refuge and that for unexplained reasons, he is too costly. had recently left her for another loon on a Nationwide, hundreds of other such predator neighboring pond in the refuge. Sources: Tina Lam, Detroit Free Press, species have been released. The goal is to 1/18/08; and Greenwire, 1/18/08 protect native species from falling victim to They knew that he stayed behind at the new pests because the non-native plants and ani- pond a few weeks this year to supervise one mals, also known as invasive exotics, com- late blooming chick as other loons began Zebra Mussels Reach West Coast pete for the same environment as the natives. their fall migration, which may have timed “What bugs me is that it’s easy to bring in his migration perfectly to a botulism plume Dozens of zebra mussels turned up early this these exotics,” said Bill Overholt, associate and indirectly spelled his doom. To their year in a Hollister, CA area reservoir that professor of entomology at the Norman C. knowledge, C-3 had raised more than 15 serves growers and residents in San Benito Hayslip Biological Control Research and chicks over the years, and only once let a County, causing officials to worry they will Containment Laboratory in Fort Pierce, part chick drown — when its leg got caught on a clog irrigation lines and pumps. State of- of the University of Florida’s (UF) Institute submerged log. For a loon, that made him a ficials do not know how the mussels traveled of Food and Agricultural Sciences. good father, researchers said. west of the Rockies, although they suspect that they arrived on a recreational boat trans- Overholt said exotic plants are routinely Adult loons return to their northern nesting ported by trailer. brought into the state from other countries, grounds by early spring about 93 percent many for the horticulture industry. In fact, of the time, McCormick said. This year, about one exotic bug a month likely pig- researchers will be watching for them anx- gybacks and becomes established in Florida. iously. A decline in adult population would “To bring in a natural enemy to control that almost certainly spell a decline among loons. plant once it’s become a problem is a really “We expect to see all our birds,” McCormick complex and time-consuming process,” he said. “But based on finding the C-3 male, said. Researchers conduct lengthy studies to there’s a lot more trepidation of what we’ll make sure any new predator won’t affect any find this spring.” species besides the targeted prey or cause other problems for Florida’s environment. Source: James Janega, Chicago Tribune, And it can take several years from field 1/16/08 study to final widespread release if scientists Zebra mussels attached to boat’s lower unit. discover the biological control seems to work. Ballast Tanks to be Flushed with Seawater “It’s not good news. If they’re as invasive as In years past, there were unexpected conse- they say, it could be a nightmare for our in- quences when the bugs went after different A new rule for oceangoing vessels enter- frastructure,” said Arman Nazemi, assistant species than scientists intended. Or they ing the Great Lakes requires them to flush San Benito County public works director. reproduced so much they became a noxious saltwater through their ballast tanks before “Once they’re in a waterway, there’s not pest themselves. Success rates run about 30 coming to inshore waters as part of an effort much we can do,” said Alexia Retallack, percent, Overholt said, fueling criticism of 11 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008 such programs. Consequently, pesticides are Cave’s colleague, Howard Frank, a profes- ecosystems, in addition to pollution-type sometimes preferred because they are fast- sor and entomologist at the UF’s Institute of impacts that are out there,” said Gregg Lom- acting. “We aren’t very patient as a species,” Food and Agricultural Sciences, who is also nicky, a scientist with the Dynamac Corp., Overholt said. working on the franki-fly project — which is which contracted with the EPA for portions named after him. of the research. “You never know what However, while some view invasive exotics species loss will trigger a domino effect on as damaging, others disagree. Melaleuca, Biological control, some say, will be es- an ecosystem,” said Bob Hughes, an OSU for instance, introduced from Australia as sential in the future, as the world population senior research professor. “How many rivets an ornamental, is described as “Florida’s is projected to reach 8.9 billion by 2050. can you remove from the wing of an airplane most infamous invasive species” by state Despite use of chemicals, 30% of all crops and still have it fly?” officials. It clogged the Everglades, so in are lost to pests in developed countries, and 1997, scientists introduced the melaleuca presumably more in undeveloped nations. Whittier said Oregon’s lower infestation rate snout beetle, which feeds on Melaleuca’s Biological controls are one way to attack was partly a result of geography. “Fewer stems and leaves, and this treatment appears pests with or without the cooperation of a of the nonnatives live in higher elevation, to be working. But Florida’s beekeepers say landowner because bugs aren’t confined to smaller streams, and we have a lot of those,” Melaleuca is one of the state’s top nectar property lines. he said. The slower-moving waters of the producers because it blooms several times Willamette River, however, are home to a year, providing food lacking elsewhere But Tom Broome, owner of The Cycad such nonnative species as largemouth bass, for honeybees. Beekeepers, who also Jungle in Polk County, FL and past president smallmouth bass, carp, yellow perch and sometimes rely on the exotic and typically of The Cycad Society, an international orga- even goldfish, Lomnicky said. unwanted Brazilian pepper tree for the same nization of enthusiasts who study and collect reason, usually oppose biological controls. the plants, said he holds little hope the para- Unlike Arizona, where eight of the 12 most “They arbitrarily decide what’s a weed,” said sitic wasps will do much good. “I’ve never common fish are nonnative, the Willamette longtime commercial beekeeper Bert Kelley, seen the biological controls totally take care is dominated by local species such as trout secretary of the Florida State Beekeepers of the problem,” he said. “It will help but and suckerfish. Five Willamette River sites Association. never really takes care of it.” Even Cave or tributaries were part of the study. The and Overholt agree that chemicals are a fast smallmouth bass, however, now may be the track to ridding a problem pest and often top species in the Umpqua and John Day riv- are still the method of choice. But research ers, Hughes said. Some people don’t believe continues. bass and other fish are a problem, because they add another opportunity for local an- Sources: Kumari Kelly, Orlando Sentinel, glers, Whittier said. 11/26/07; and Greenwire, 11/27/07 A large portion of the nonnative species actually were brought from the Midwest and Non-Native Fish Impact introduced by state wildlife agencies seek- Western Rivers ing to improve fishing in the West, he said. “Some of the new ones just starting to show According to a four-year study of rivers up are aquarium fish,” he added. Fishermen and streams in 12 Western states more than using live bait also can introduce species half of the river and stream miles contained to waterways. Whittier said nonnative fish Melaleuca Snout Beetle feeding on Mela- nonnative species. The study conducted by in streams could potentially impact the sur- leuca plant. (USDA - ARS Photo) Oregon State University (OSU) and U.S. rounding food chain. If a certain fish deci- Environmental Protection Agency scientists mates insect populations that emerge from a sampled 1300 locations. waterway, that could potentially reduce food But scientists insist that their methods are for birds and bats. sophisticated and that they are considering In Arizona, Colorado and Montana, the what is best for entire ecosystems. “All the rate was more than 80%. About 20% of Sources: Kyle Odegard, Corvallis Gazette- mistakes all happened . . . years ago,” said Oregon’s river and stream miles contain Times, 11/19/07; and Greenwire, 11/27/07 Ronald Cave, a researcher at the UF facility nonnative fish and amphibians. ”I don’t in Fort Pierce who discovered the franki fly know whether (Oregonians) can breathe a — a new solution to bugs attacking Florida’s sigh of relief,” said Thom Whittier, a faculty National Governors Association wild bromeliads. He also is studying two research assistant in the OSU department of Invasive Species Recommendations wasps he hopes might combat Asian cycad fisheries and wildlife. He mentioned how scale, which is wiping out the sago palm in smallmouth bass populations, once prevalent The National Governor’s Association Florida. only near Portland, spread further upstream (NGA) recognizes the severe ecological and in the Willamette River every year, and now economic problems associated with invasive ”It is no more appropriate to criticize mod- are established near Albany. “They’re a fish- species, and the significant risks they pose ern biological control for disastrous intro- eating fish, and they are likely to eat juvenile for the future. It has been estimated that ductions of the distant past than to criticize salmon,” he explained. invasive species cost the U.S. economy more modern surgery for deaths through lack than $137 billion annually, and invasive spe- of antiseptic methods used in the past, but ”It’s one more factor out there that’s a cies are implicated in the decline of 46% of many have learned from such errors,” said human-caused disturbance on those natural the species listed under the Endangered Spe- 12 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

cies Act so they are indirectly responsible for the private sector, through trade associations of Noxious and Exotic Weeds, should be regulatory constraints that listing poses for and professional organizations, to develop appropriately funded given their vital role in human activity. and promote mutually agreed on protocols protecting U.S. commerce and ecosystems. to guide the international trade in nonnative In an effort to improve cooperative federal species so that any potential economic and • The federal government should provide and state management of the more than environmental risks can be adequately ad- adequate funding for scientific research on 4,500 invasive species in the U.S., the NGA dressed before importation takes place. the basic biology and ecology of invasive made the following recommendations in its species, so that control efforts may be more Policy Position dated 7/24/07: • The federal government should engage the specific, environmentally benign, cost-effi- states and the private sector, through trade cient, and effective. • The federal government, in partnership associations and professional organizations, with the states and the private sector, should to develop and promote mutually agreed on • The federal government should assist enhance cooperative efforts to prevent the protocols to prevent the incidental introduc- states in conducting and funding research introduction, monitor the distribution, and tion of invasive species through interstate to develop effective control methods for control the further unintentional or illegal commerce. The federal government also aquatic invasive species. spread of invasive species. The President needs to work with the transportation in- and Congress should consult Governors dustry to identify simple and cost-effective • The federal government should budget for prior to enacting administrative or legislative means to prevent the incidental introduction invasive species emergency projects similar proposals to achieve these ends. of invasive species as an unintended conse- to budgeting for wildland fire emergencies quence of increased international trade. In to allow prompt treatment and controls to • Federal agencies should implement the addition, efforts to promote the use of native minimize long-term expenses. recommendations of the National Invasive species where possible should be pursued. Species Council outlined in the National • The federal government should provide Invasive Species Management Plan. appropriate funding for enforcement of ex- isting ballast water control requirements. • The National Invasive Species Act of 1996 should be reauthorized, along with legis- • The federal government must determine lation that will address invasive species man- whether the U.S. Environmental Protection agement for public and private lands. Since Agency or the U.S. Coast Guard will be the problems associated with invasive spe- the primary regulating agency for aquatic cies are nationwide, a consistent nationwide invasive species in ships’ ballast water; and prevention strategy is more effective than in- that agency must set an environmentally dividual state-by-state strategies. Congress protective discharge standard in 2007. should work with states to ensure that any • The federal government should estab- nationwide strategy is collaborative and does lish and support regional interagency and • The agency must implement regula- not impose any unfunded mandates or take intergovernmental teams including state and tions that require immediate application of away from the ability of a state to manage public representatives, to establish priorities, best performing ship-board ballast water species within its borders. Governors sup- coordinate efforts, and launch joint activities treatment and hull management (with a set port a screening and approval mechanism to for invasive species control at the regional approval period), with continued upward ensure that organisms that are deemed likely level. ratcheting of the treatment floor as treatment to be spread by human or natural means are performance improves. Approved treatment kept out of the country. • After conferring with the states and the must be to the environmentally protective private sector, the federal government should standard by 2011. • Invasive species threaten the success of establish an electronic information clear- federal and state endangered species and inghouse on invasive species, comprised of • The agency must immediately require that wetland conservation programs. This sig- a network of online cooperators, not a new ships in the no ballast on board condition nificance should be reflected in federal fund- centralized bureaucracy. implement management practices or treat- ing for planning for invasive species, control ments that are an improvement over current of invasive species, and mitigating their • Congress should remove obstacles result- practices. harmful impacts, in order to both achieve ing from the Federal Advisory Commit- better environmental results and lessen the tee Act or other mandates that impede the • Through state and local government agen- regulatory burden on human activity. flexible use of appropriated funds for joint cies and academic institutions, states are public-private projects to control invasive often likely to be the first to detect invasive • Because it is often most efficient to deal species. species. The states should explore efficient with invasive species by controlling their and inexpensive mechanisms to share this further spread beyond areas where they are • Federal programs such as those adminis- information promptly with each other and already established, the federal government tered at international borders and points of the federal government to allow for the most should work with states to establish regional entry by the U.S. Department of Agricul- effective cooperative response. programs to help prevent their spread. ture’s Animal and Plant Health Inspection Service, the Aquatic Nuisance Species Task • Because they have a greater local presence • In those instances where the issue is Force led jointly by the U.S. Departments than do federal agencies, states are often in not already addressed in law, the federal of Interior and Commerce, and the Federal the best position to educate the public about government should engage the states and Interagency Committee for the Management the potential problems for local communities 13 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008 that may be caused by invasive species and worsening trends” of ammonium in the air can see these threats coming but it’s not too steps that can be taken by local communi- were found. In Colorado’s Rocky Mountain late to stop them,” Wenzler said. ties to prevent their introduction. The federal National Park, scientists studying the effects government should provide financial support of increasing ammonium for years are start- Sources: Mike Stark, Billings Gazette, for such state efforts. ing to see shifts on the alpine tundra, where 12/22/07; and Greenwire, 1/3/08 wildflowers are giving way to grasses. That • As they consider appropriate, and with not only reduces the diversity of plants and adequate federal financial support, states impedes the growth of one of the park’s High Court should prepare and implement targeted and main summer visitor attractions, but also Supports Alabama Sturgeon Listing integrated management measures for the could have a harmful effect on pollinating prevention, early detection, and eradication insects. Scientists are watching for other The Supreme Court in early January upheld or control of invasive species, including changes, too, including to forests in the park the government’s decision to protect the emergency response efforts to eradicate the and to tiny life forms that live in high-eleva- prehistoric Alabama sturgeon, striking first footholds of invasive species that are tion lakes. down an industry group’s argument that not yet firmly established in a region. the fish did not warrant protection. Efforts A Colorado State University study of Rocky to protect the fish, which was added to the The NGA agrees with many of the positions Mountain park pollution indicated that the Endangered Species List (ESA) in 2000, will MICRA has advocated in the fight against ammonium there was originating from east thus continue to receive federal funding and invasive species over recent years. Now of the park and being deposited during rain benefit from programs aimed at restoring its Congress needs to recognize these problems and snowstorms. This is not surprising since dwindling populations. as real and act accordingly in passing legis- the front range of the Rockies from Fort Col- lation which can effectively begin to address lins to Denver has become very developed in Advocates of protection cheered the Su- the problem. recent decades. “What we’re experiencing preme Court decision, saying it could help now could easily be something that Yellow- stave off what has been called a “biologi- Source: National Governors Association, stone could see in the future,” said Jeff Con- cal meltdown” in the Southeast, one of the http://www.nga.org/portal/site/nga/menuitem nor, a natural-resource specialist at Rocky most species-rich regions of the country. .8358ec82f5b198d18a278110501010a0/?vgn Mountain National Park. For now, though, “It’s gratifying,” said Ray Vaughan, an extoid=260b9e2f1b091010VgnVCM100000 Rocky Mountain Park has higher levels than Alabama-based attorney with the nonprofit 1a01010aRCRD Yellowstone or Glacier. group WildLaw, which has argued for the sturgeon’s protection for more than a decade. Overall, the air quality in Yellowstone is “I don’t know if it’s too late for this spe- Ammonium Rain still good. Visibility is improving and the cies, but maybe it’ll get us to the point Falling on Western Parks presence of ground-level ozone - listed as a where we’re not having to play these games concern for several years in the trend stud- anymore and can get on with cleaning up our Nine national parks in the intermountain ies appears to have leveled off. But over rivers and protecting our species.” West are experiencing “significant worsening the past several years, monitors have been trends” of ammonium in the air, according picking up more and more ammonium in the to a recent National Park Service report on air in Yellowstone and elsewhere. ”The real air quality trends from 1996 to 2005. Park question is why it’s increasing. ... It’s not just Service officials say they’ve seen increas- in Yellowstone, it’s up and down the western ing amounts in national parks in Montana, Great Plains,” said John Vimont, chief of re- Wyoming, Idaho, Colorado, South Dakota, search and monitoring in the Park Service’s Utah and Arizona. air resources division in Denver. “We really don’t know what the answer is.” Ammonia is made of nitrogen and hydro- gen. When it mixes with water, it becomes It’s still unclear where increasing levels at other national parks are coming from, ammonium. It’s often associated with large Alabama sturgeon (FWS Photo) animal feeding operations and fertilizers. It Vimont said. The effects, if any, will prob- also occurs naturally. Ammonia is part of a ably be slightly different at every park. In mix of elements that’s swept up from vehicle some cases, more ammonium could reduce The Supreme Court appeal was brought by exhaust, factory emissions and agricultural visibility or have ecological effects on sensi- the Alabama-Tombigbee Rivers Coalition, operations and travels in clouds before it’s tive environments. “I think we should be which represents commercial, industrial and deposited with rain and snow. watching it from the standpoint that we don’t navigation interests on Alabama’s water- really know what’s going on,” he said. ways. The coalition initially argued that the In high enough levels, ammonium can trig- Alabama sturgeon, which occurs only in the ger subtle changes in the natural functions of Mark Wenzler, clean-air program director for lower Alabama and Mobile rivers, was not ecosystems. For example elevated levels of the National Parks Conservation Associa- genetically distinct from the shovelnose stur- ammonium can trigger subtle changes in the tion, said it’s been troubling to see increasing geon, which occurs in the Mississippi River natural functions of lakes, ponds, insects and levels of ozone and other pollutants over Basin. The 11th U.S. Circuit Court of Ap- flowers. national parks in the West, especially as so peals rejected that argument last February. much of the focus has been improving air Yellowstone and Glacier National parks quality at eastern national parks such as at In its Supreme Court petition, the rivers co- are among nine parks where “significant Great Smoky Mountains National Park. “We alition made a different argument — that the 14 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

U.S. Fish and Wildlife Service (FWS) could cuts under the Bush Administration have Lawsuit Over not justify protection under the interstate been ill-advised. “Refuges are economic Endangered Species Meddling commerce clause of the Constitution because engines in local communities. There’s no the sturgeon was found only in Alabama and doubt about it,” said Desiree Sorenson- Environmentalists in early January filed a had no commercial value. Bill Satterfield, a Groves, vice president for government lawsuit against the U.S. Department of the Birmingham-based attorney for the coali- affairs at the National Wildlife Refuge As- Interior (DOI) in a bid to unearth more infor- tion, said the group believed the FWS had sociation. “The budget cuts have an impact mation on possible political tampering with taken an overly broad interpretation of the .... You have people who are going to refuges decisions on Endangered Species Act (ESA) Constitution’s commerce clause as it pertains and there’s no staff, or a wildlife drive is listings. The Center for Biological Diversity to ESA. “We thought those were important,” closed because it can’t be maintained.” (CBD) filed the suit in hopes of acquiring he said, adding that he was disappointed more documents on the handling of these with the court’s refusal to hear the petition. Under an ongoing restructuring, the U.S. cases by Julie MacDonald, former DOI Dep- Fish and Wildlife Service (FWS) is plan- uty Assistant Secretary for Fish, Wildlife and The Justice Department, in a legal brief ning to cut 565 jobs from wildlife refuges Parks. MacDonald resigned last May after arguing against the Supreme Court review, by 2009 — a 20 percent reduction. The a scathing report by DOI Inspector General said the FWS’s decision to list the stur- plan would leave more than 200 refuges (IG) Earl Devaney found she violated ethics geon is “constitutional under any plausible unstaffed. The national system encompasses rules, edited scientific decisions on endan- conception of Congress’ powers.” The 548 refuges and more than 96 million acres gered species issues and passed internal sturgeon, while rarely seen today, was during in all 50 states. The refuge budget grew agency information to outside parties suing the 19th and early 20th century so abundant rapidly after Congress passed a landmark the department. in Alabama’s waters that it was a prized improvement bill in 1997. With new land commercial species. But scientists say its acquisitions and a clearer mandate, the MacDonald stood to profit from the DOI population dwindled due to both overfishing system’s funding jumped from $178 million decision involving the Sacramento splittail and the construction of hydrodams along the in 1997 to $391 million in 2004. But recent and should have recused herself from the state’s rivers during the later 20th century. budgets have been stagnant or declining, case, IG Devaney said in a report on the is- Today the fish’s range extends for less than even as refuge officials say they need a sue. “MacDonald was involved extensively 130 miles up the lowermost portion of the $15 million increases just to keep pace with and intimately in the final editing process Alabama River, experts say, and it has had inflation, and a much larger amount to chip of the splittail,” he said. Although the Fish only one confirmed sighting in the past away at an estimated $2.5 billion backlog for and Wildlife Service (FWS) made the deci- seven years. maintenance and operations. sion to delist the fish as a threatened species before MacDonald was involved, she made Source: Daniel Cusick, Greenwire, 1/7/08 more than 500 changes to the reasoning and scientific justification in the final decision, a finding that could affect property she owned National Wildlife Refuges Bring and her future income. Positive Economic Returns MacDonald’s Dixon, CA, farm is located in National wildlife refuges return about $4 in the Yolo Bypass, which provides flood con- economic activity for every $1 the govern- trol for the Sacramento River. It is valued ment spends on them, according to a federal at more than $1 million, and generated up to study released in late November. The report, $1 million in income last year, according to “Banking on Nature 2006: The Economic MacDonald’s financial disclosure report filed Benefits to Local Communities of National on May 1, the day she resigned from DOI. Wildlife Refuge Visitation,” shows that na- “Julie MacDonald came to her job with an tionally, recreational uses of national wildlife axe to grind, she failed to recuse herself from refuges in the same year generated almost critical decisions in which she had clear con- $1.7 billion in total economic activity — flicts of interest, and she escaped punishment almost four times the $383 million appropri- for those hidden conflicts by sneaking out ated to the National Wildlife Refuge System FWS Director H. Dale Hall said that refuges the back door,” said Rep. George Miller (D/ in fiscal 2006. provide everything from jobs and income to CA) in a statement. quality of life. Hall said the budget chal- The report said further that nearly 35 million lenges are “fairly significant” and that “we’d Before joining DOI, MacDonald was a vo- people nationwide visited national wildlife be naive to think that we wouldn’t lose some cal, local opponent of the listing after FWS refuges in 2006, supporting almost 27,000 visitation” as a result of eliminating staff classified the splittail as “threatened” in private sector jobs and producing about $543 and restricting access in some areas.” He 1999. The splittail’s population had declined million in employment income. Additional- said the agency would do its best to explain by 62% between 1984 and 1999. MacDon- ly, recreational spending on national wildlife to decisionmakers “that we get tremendous ald challenged the statistical analysis of fish refuges nationwide generated nearly $185.3 return on the taxpayer’s dollar”. population data, and a statistician hired to million in tax revenue at the local, county, conduct the statistical analysis told the IG state and federal levels. Sources: Brodie Farquhar, Casper Star-Tri- that MacDonald was “very dogmatic” in bune, 11/28/07; and Greenwire, 11/28/07 her opposition to his data. Because they Advocates of the system pounced on the were adopted in the final rule, MacDonald’s results of the study as evidence that budget changes could be used as a precedent in fu- 15 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008 ture ESA decisions, a senior agency official Francesca Grifo, director of the Scientific the Inspector General fails to specify why or said in the report. Integrity Program at the UCS in Washing- what should be done about it,” stated PEER ton, called the administration’s interference staff attorney Adam Draper, who filed the IG Devaney’s report also detailed Mac- “the systematic dismantling of the Endan- suit. “We are going to put on the record Donald’s efforts to find a new job between gered Species Act through the manipulation what the Inspector General kept closeted.” December 2006 and February 2007, at a and suppression of science.” Singling out time when she was still involved in ESA MacDonald, the scientists accuse the appoin- In a response to PEER’s March 5, 2007 decisions. MacDonald applied for jobs with tees of altering the reports to favor industries request, the Interior OIG wrote to PEER on Shell Oil Co., the American Forest & Paper whose interests conflict with the reports’ April 3, 2007 that it would be “unable to Association (AF&PA) and Portland Cement findings. respond to your request within the time lim- Association. At AF&PA, MacDonald inter- its established by FOIA due to a backlog of viewed twice for the position of vice presi- Sources: Elizabeth Williamson, Washing- requests and other unforeseen circumstanc- dent of forestry and wood products, a post ton Post, 1/16/08; Dan Berman, Greenwire, es.” After receiving no update or indication that was eventually filled by David Tenny, 11/28/07; and Allison Winter, Greenwire, as to when the OIG intended to respond, on then a deputy to Agriculture Undersecretary 1/3/08; and Greenwire, 1/16/08 November 9, 2007, PEER appealed the delay Mark Rey. to the Interior Office of Solicitor, a step required before filing suit. In a letter dated In November the FWS announced that Federal Wildlife Law Enforcement January 4, 2008, the Interior Solicitor’s Of- it would revise seven rulings that denied Records Sought fice indicated that it, too, would not make “a endangered species listings or limited critical determination on your appeal within the time habitat designations because MacDonald in- In an early test of the new law strengthen- limits set in FOIA…” appropriately influenced the decisions. But ing the Freedom of Information Act (FOIA), environmentalists think more decisions may Public Employees for Environmental Re- “The Inspector General is supposed to police have been affected and through their lawsuit sponsibility (PEER) in mid January sued the legal compliance by other Interior agencies hope to find out if other Bush administration U.S. Department of the Interior’s Office of yet routinely flouts laws that apply to it,” officials were involved. “We want to know Inspector General (OIG) to force release of added Draper, noting that the new FOIA how deep and wide did MacDonald’s inter- the documents behind its recent investigation legislation signed by President Bush on New ference go, and in fact did it even go broader of declining law enforcement within the U.S. Year’s Eve is designed to put more emphasis and deeper than MacDonald herself,” said Fish & Wildlife Service (FWS). on agencies meeting time limits for han- Bill Snape, CBD’s attorney. “We have rea- dling record requests and holding officials son to believe that the answer to both those According to FWS agents who cooperated accountable for “arbitrary and capricious” questions is ‘yes,’ and these are documents with the IG, they submitted statements and disclosure denials. “When it comes to we are lawfully entitled to.” records detailing high-level corruption and transparency, the Interior Inspector General obstruction of enforcement that were not strives to remain opaque.” At issue are 10 Freedom of Information included, or even alluded to, in the final Act (FOIA) requests CBD filed last year report. In February 2007 the OIG issued a Source: Public Employees for Environmen- requesting information on MacDonald’s report entitled “Assessment of the U.S. Fish tal Responsibility, 1/10/08; Contact Carol involvement. The DOI is legally required to & Wildlife Service Office of Law Enforce- Goldberg (202) 265-7337 respond to such requests or ask for an exten- ment” which was notable both for its sweep- sion within 20 days. Snape said that CBD ing harsh conclusions and for its utter lack of has only received partial responses. “This any specific case descriptions. Systematic White House Censorship is not a full and complete set of MacDonald of Climate Scientists documents,” Snape said. DOI spokesman Alerted by FWS agents, PEER submitted a Hugh Vickery said he could not comment on request under the FOIA for interview tran- A 16-month investigation of the Bush ad- the litigation, but that FOIA officers at the scripts, correspondence and other materials ministration’s editing of federal climate stud- FWS do review and respond to requests like relating, among other topics, to: ies concludes that: “The evidence before the those filed by the center. The DOI inspector • The abrupt removal of Kevin Adams as committee leads to one inescapable conclu- general and the House Natural Resources the head of the FWS Office of Law Enforce- sion: The Bush administration has engaged Committee have also launched follow-up ment; in a systematic effort to manipulate climate investigations of MacDonald’s influence. • Involvement by the Safari Club in FWS change science and mislead policymakers law enforcement investigations involving and the public about the dangers of global Adding support to CBD’s position, two trafficking in animal trophies; and warming.” The investigation was conducted dozen scientists came to Capitol Hill in • Obstruction of wildlife enforcement by the House Oversight and Government Re- mid January to meet with lawmakers over actions by political appointees within the form Committee Chaired by Henry Waxman what they say is the Bush administration’s Interior Department. (D/CA). interference with environmental scientists. Researchers organized by the Union of Con- FWS special agents are charged with enforc- “White House officials and political ap- cerned Scientists (UCS) and the Endangered ing the Endangered Species Act, the Migra- pointees in the agencies censored congres- Species Coalition won time with more than tory Bird Treaty Act and other federal laws sional testimony on the causes and impacts 20 lawmakers to speak out against the role governing hunting and interstate or interna- of global warming, controlled media access political appointees at DOI have taken in tional transportation of wildlife. “According to government climate scientists, and edited designating “critical habitats” for endan- to the Interior Inspector General, federal federal scientific reports to inject unwarrant- gered species. wildlife enforcement is in deep trouble but ed uncertainty into discussions of climate 16 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

change and to minimize the threat to the change scientists at the National Oceanic and interference with people’s media contacts on environment and the economy,” it continues. Atmospheric Administration, the Democrats’ hurricanes and global warming,” said Piltz, analysis concludes. now the director of Government Account- The analysis is the culmination of a probe ability Program’s Climate Science Watch. that began in July 2006, when then-commit- In statements, the White House and CEQ tee Chairman Tom Davis (R/VA) and Wax- denied that the administration in any way “This is the first time I’ve seen [the admin- man asked the White House for documents distorted climate science in federal reports istration] be drawn out to the point that they related to the role played by former Council or other communications. “We believe this have to acknowledge rather than spin ... on Environmental Quality (CEQ) chief report is a thinly veiled attempt to distract the extent of the corrupting influence of the of staff Phillip Cooney in editing climate attention from the administration’s effort to White House CEQ on everybody who had reports. Cooney resigned from the White advance its commitment to the pursuit of to deal with them,” Piltz said. “Everybody House in the spring of 2006 amidst news sound environmental, energy and economic was complicit. Everybody knew what was reports that he improperly altered govern- policy at the Bali summit,” White House going on, although nobody had the full story, ment documents to soften the link between spokeswoman Emily Lawrimore said, refer- because the tentacles of CEQ were out in so global warming and industrial emissions of ring to United Nations climate negotiations many different directions.” greenhouse gases (GHGs). in Indonesia. Meanwhile, CEQ Chairman James Connaughton released a statement But Republicans on the Oversight Commit- Over the course of the investigation, the touting the administration’s “unparalleled tee, including Rep. Davis, have raised con- House panel examined more than 27,000 record of supporting, funding, advancing, cerns about the report. A statement released pages of documents from CEQ and the and publicizing climate change research,” by Davis’ office called the Democrats’ report Commerce Department, held two hear- spending nearly $12 billion since 2001. “a partisan diatribe against the Bush admin- ings, and collected depositions from former istration” that is “seriously flawed.” “This and current administration employees. In But Rick Piltz, a former Climate Change investigation was never directed at interfer- the December report, Democrats said they Science Program (CCSP) employee who ence with science anyway,” the Republicans have gathered evidence to prove that CEQ resigned in protest of what he said were said. “This investigation was directed at edited several climate reports — including improper White House edits of government the role of policymakers in — guess what the strategic plan for the Climate Change climate documents, said he believed the re- — making and expressing administration Science Program, U.S. EPA’s draft “Report port offers the most comprehensive view yet policy. But a report entitled ‘Political In- on the Environment” and its “Air Trends of the administration’s attitude toward cli- terference in Climate Change Policy’ would Report” — to “exaggerate or emphasize mate change science. “They begin with and sound ridiculous — because that is what scientific uncertainties” or the human contri- validate a number of issues we raised earlier policymakers in the executive branch do.” bution to climate change. CEQ also vetted about the censoring of CCSP reports to play reporters’ requests to speak with climate down the global warming problem, and Source: Lauren Morello, Greenwire, 12/10/07

Meetings of Interest ______

Mar. 4-6: Floodplain Ecosystem Sympo- biosurvey.ou.edu/swan/55th_meeting_ an- malacological.org/meetings/next.html sium, The Peabody Little Rock, 3 Statehouse nouncement.pdf Plaza, Little Rock, AR. Contact: Rebecca Jul. 13-17: Society for Conservation Biol- McPeake, (501) 671-2285, rmcpeake@uaex. Apr 16-19: Association of Southeastern ogy, Chattanooga, TN, http://www.utc. edu / edu Biologists, Spartanburg, IL, http://www.asb. Academic/ConferenceforSocietyof Conser- appstate.edu/meeting.php vationBiology Mar. 18-20: UMRCC/LMRCC Joint Meet- ing, Holiday Inn, Collinsville, IL. Contact: May 12-13: American Institute of Biologi- Jul 23-28: American Society of Ichthy- [email protected] cal Sciences, Washington DC, http://www. ologists and Herpetologists and Society aibs.org/annual-meeting/ for the Study of Amphibians and Reptiles, Apr. 6-10: National Shellfisheries Associa- Montreal, CA, http://www.asih.org/annual tion, Providence, RI, http://shellfish.org/ May 25-30: North American Benthologi- meetings and http://www.dce.k-state.edu/ meetings.htm cal Society, Salt Lake City, UT, http://www. conf/jointmeeting/ benthos.org/index.cfm Apr. 6-10: International Association for Aug. 13-17: Short Course on Geostatistical Landscape Ecology, U.S. Division, Madison, May 26-30: Society of Wetland Scientists, Analysis of Environmental Data, University WI, http://www.cof.orst.edu/org/usiale/madi- Washington, D.C., http://www.sws.org/2008 of Florida, Gainesville. See: http://confer- son2008/index.htm _meeting/index.html ence.ifas.ufl.edu/soils/geostats/index.html; Contact: Jhanna Crutchfield, (352) 392- Apr. 9-13: Benthic Ecology Meeting 2008, Jun. 20-24: American Society of Natural- 5930, Fax: (352) 392-9734, [email protected] Providence, RI., http://www.benthicecology ists, Minneapolis, MN, http://www. evolu- 2008.uconn.edu/main.htm tion2008.org/ Aug. 17-21: American Fisheries Society 138th Annual Meeting, Ottawa, Ontario. Apr. 10-12: Southwestern Association Jun. 29-Jul. 3: American Malacological Contact: Betsy Fritz, bfritz @fisheries.org, of Naturalists, Memphis, TN, http://www. Society, Carbondale, IL, http://www. (301) 897-8616, ext. 212. 17 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

Congressional Action Pertinent to the Mississippi River Basin ______

Climate Change CT). Addresses challenges relating to en- national Clean Energy Foundation. ergy independence, air pollution, and climate S. 280. Lieberman (I/CT) and 6 Co-Spon- change. H. R. 2556. Wilson (/NM). Enhances the sors and H. R. 620 Olver (D/MA) and 17 energy security of the U.S. by promoting Co-Sponsors.. Establishes a market-driven S. 1766. Bingaman (D/NM) and 5 Co- biofuels, energy efficiency, and carbon cap- system of GHG tradeable allowances to sup- Sponsors. Reduces GHG emissions from the ture and storage, and for other purposes. port the deployment of new climate change- production and use of energy, and for other related technologies to ensure benefits to purposes. H. R. 2701. Oberstar (D/MN) and 14 Co- consumers from the trading in such allow- Sponsors. Strengthens the Nation’s energy ances, and for other purposes. S. 2191. Lieberman (I/CT) and 8 Co- security and mitigates the effects of climate Sponsors. Directs the Administrator of the and ensures sound water resource and natu- S. 309. Sanders (I/VT) and 10 Co-Sponsors. USEPA to establish a program to decrease ral disaster preparedness planning, and for

Reduces emissions of carbon dioxide (CO2), emissions of GHGs, and for other purposes. other purposes. and for other purposes. S. 2204. Whitehouse (D/RI) and Boxer H. R. 2809. Inslee (D/WA) and 17 Co- S. 317. Feinstein (D/CA) and Carper (D/ (D/CA). Assists wildlife populations and Sponsors. Ensures that the U.S. leads the DE). Establishes a program to regulate the wildlife habitats in adapting to and surviving world baseline in developing and manufac- emission of GHGs from electric utilities. the effects of global warming, and for other turing next generation energy technologies, purposes. to grow the economy, create new highly S. 485. Kerry (D/MA) and Snowe (R/ME). trained, highly skilled American jobs, elimi- Establishes an economy-wide global warm- S. 2211. Whitehouse (D/RI) and Boxer (D/ nate American overdependence on foreign ing pollution emission cap-and-trade pro- CA). Ensures the recovery, resiliency, and oil, and address the threat of global warming. gram to assist in transitioning to new clean health of ocean, coastal, and Great Lakes energy technologies, protect employees and ecosystems, and for other purposes. H. R. 2950. Wilson (R/NM). Reduces affected communities, protect companies our Nation’s dependency on foreign oil by and consumers from significant increases in S. 2307. Kerry (D/MA) and Snowe (R/ME). investing in clean, renewable, and alternative energy costs, and for other purposes. Amends the Global Change Research Act of energy resources, promoting new emerg- 1990, and for other purposes. ing energy technologies, developing greater S. 1018. Durbin (D/IL) and 2 Co-Sponsors efficiency, and creating a Strategic Energy and H.R. 1961 Markey (D/MA) and 7 Co- S. 2355. Cantwell (D/WA). Amends the Efficiency and Renewables Reserve to invest Sponsors. Addresses security risks posed National Climate Program Act to enhance in alternative energy, and for other purposes. by global climate change and for other the ability of the U.S. to develop and imple- purposes. ment climate change adaptation programs H. R. 3220 and 3221 Pelosi (D/CA) and and policies, and for other purposes. 18 Co-Sponsors. Moves the U.S. toward S. 1168. Alexander (R/TN) and Lieberman greater energy independence and security, (I/CT). Establishes a regulatory program for H. R. 906. Udall (D/CO) and Inglis (R/SC). developing innovative new technologies, sulfur dioxide, nitrogen oxides, mercury, and Promotes and coordinates global climate reducing carbon emissions, creating green

CO2 emissions from the electric generating change research, and for other purposes. jobs, protecting consumers, increasing clean sector. renewable energy production, and modern- H. R. 1590. Waxman (D/CA) and 126 izing our energy infrastructure. S. 1177. Carper (D/DE) and 7 Co-Sponsors. Co-Sponsors. Reduces GHG emissions and Establishes a national uniform multiple air protects the climate. H. R. 4226. Gilchrest (R/MD) and Olver pollutant regulatory program for the electric (D/MA). Accelerates the reduction of generating sector. H. R. 2337. Rahall (D/WV). Promotes GHG emissions in the U.S. by establishing energy policy reforms and public account- a market-driven system of GHG tradeable S. 1201. Sanders (I/VT) and 3 Co-Sponsors. ability, alternative energy and efficiency, and allowances that will limit GHG emissions in Reduces emissions from electric power carbon capture and climate change mitiga- the U.S., reduce dependence upon foreign plants, and for other purposes. tion, and for other purposes. oil, and ensure benefits to consumers from the trading in such allowances, and for other S. 1321. Bingaman (D/NM) and H. R. H. R. 2338. Dicks (D/WA) and 2 Co-Spon- purposes. 2556. Wilson (R/NM). Enhances the energy sors. Establishes the policy of the Federal security of the U.S. by promoting biofuels, government to use all practicable means Conservation energy efficiency, and carbon capture and and measures to assist wildlife populations storage, and for other purposes. in adapting to and surviving the effects of S. 50. Isakson (R/GA). Amends the Internal global warming, and for other purposes. Revenue Code of 1986 to provide economic S. 1389. Obama (D/IL) and 2 Co-Sponsors. incentives for the preservation of open space Authorizes the National Science Foundation H. R. 2420. Lantos (D/CA) and 25 Co- and conservation of natural resources, and to establish a Climate Change Education Sponsors. Declares the U.S. policy on for other purposes. Program. international climate cooperation, to promote clean and efficient energy technologies in S. 241. Wyden (D/OR) and Akaka (D/HI). S. 1554. Collins (R/ME) and Lieberman (I/ foreign countries, and to establish the Inter- Authorizes the Interior Secretary to enter 18 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

into coop agreements to protect natural re- Co-Sponsors. Amends the Internal Revenue Invasive Species sources of units of the National Park System Code to provide a tax credit to individuals through collaborative efforts on land inside who enter into agreements to protect the S. 336. Durbin (D/IL) and 7 Co-Sponsors and outside of units of the National Park habitats of endangered and threatened spe- and H. R. 553 Biggert (R/IL) and 24 Co- System. cies, and for other purposes. Sponsors. Requires the Secretary of the Army to operate and maintain as a system S. 272. Coleman (R/MN). Amends P.L. 87- H. R. 110. J. Davis (R/VA). Imposes limita- the Chicago Sanitary and Ship Canal disper- 383 to reauthorize appropriations to promote tions on wetlands mitigation activities car- sal barriers. the conservation of migratory waterfowl and ried out through the condemnation of private to offset or prevent the serious loss of im- property. S. 725. Levin (D/MI) and Collins (R/ME). portant wetland and other waterfowl habitat Amends, improves and reauthorizes the essential to the preservation of migratory H. R. 1917. Herger (R/CA). Enables Fed- Nonindigenous Aquatic Nuisance Prevention waterfowl, and for other purposes. eral agencies to rescue and relocate members and Control Act of 1990 (NANPCA). of any threatened species that would be S. 919. Menendez (D/NJ) and 4 Co-Spon- taken in the course of certain reconstruction, S. 726. Levin (D/MI) and 7 Co-Sponsors. sors. Reauthorizes USDA conservation and maintenance, or repair of Federal or non- Amends the Lacey Act to prohibit the energy programs and certain other programs Federal man-made flood control levees. importation and shipment of certain species to modify the operation and administration of carp. of these programs, and for other purposes. H. R. 2530. McMorriss-Rogers (R/WA) and 12 Co-Sponsors. Better informs consumers S. 791. Levin (D/MI) and 6 Co-Sponsors S. 1424. Schumer (D/NY) and 3 Co- regarding costs associated with compliance and H.R. 1350 Ehlers (R/MI) and 12 Sponsors, and H. R. 2419 Peterson (D/MN). for protecting endangered and threatened Co-Sponsors. Establishes a collaborative Provides for the continuation of agricultural species. program to protect the Great Lakes, and for programs through fiscal year 2013, and for other purposes. other purposes. S. 1578. Inouye (D/HI) and Stevens (R/ S. 2223. Baucus (D/MT). Amends the AK). Amends the NANPCA to establish Internal Revenue Code of 1986 to provide vessel ballast water management require- additional tax incentives to promote habitat ments, and for other purposes. conservation and restoration, and for other purposes. S. 1949. Reid (D/NV) and 3 Co-Sponsors. Directs the Interior Secretary to provide S. 2228. Lugar (R/IN) and 7 Co-Sponsors. loans to certain organizations in certain Extends and improves agricultural programs, States to address habitats and ecosystems and for other purposes. and to address and prevent invasive species.

S. 2302. Harkin (D/IA) and H.R. 2419 H. R. 83. Biggert (R/IL). Amends the Lac- Peterson (D/MN). Provides for the continu- ey Act, to add certain species of carp (black, ation of agricultural programs through fiscal bighead, silver and largescale silver) to the year 2012, and for other purposes. list of injurious species that are prohibited from being imported or shipped. H. R. 2735. Young (R/AK) and Thompson H. R. 3459. Markey (D/MA). Amends the (D/CA). Provides additional funding for op- ESA to require the Director of the USFWS H. R. 260. Ehlers (R/MI). Establishes ma- eration of national wildlife refuges through to publish a summary statement of the rine and freshwater research, development, increased Duck Stamp price. scientific basis for a decision concerning the and demonstration programs to support listing or de-listing of an endangered species efforts to prevent, control, and eradicate in- H. R. 3036. Sarbanes (D/MD). Amends the or the designation of critical habitat, and for vasive species, as well as to educate citizens Elementary and Secondary Education Act other purposes. and stakeholders and restore ecosystems. of 1965 providing grants that would allow states to develop environmental education Federal Water Pollution Control Act H. R. 767. Kind (D/WI) and 12 Co-Spon- in schools and help train environmental (FWPCA) Amendments: sors. Protects, conserves, and restores native teachers who would also serve as mentors to fish, wildlife, and their natural habitats at na- students. S. 134. Allard (R/CO) and Salazar (D/CO), tional wildlife refuges through cooperative, H. R. 186 Musgrave (R/CO) and H.R. 317 incentive-based grants to control, mitigate, Endangered Species Act (ESA) Salazar (D/CO). Authorizes construction of and eradicate harmful nonnative species, and the Arkansas Valley Conduit in the State of for other purposes. S. 658. Thomas (R/WY) and 4 Co-Spon- Colorado, and for other purposes. sors. Improves the processes for listing, H. R. 801. Kirk (R/IL) and 20 Co-Sponsors. recovery planning, and delisting, and for H. R. 720. Oberstar (D/MN) and 3 Co- Amends NANPCA to require application other purposes. Sponsors. Authorizes appropriations for to all vessels equipped with ballast water State water pollution control revolving tanks the requirement to carry out exchange S. 700. Crapo (R/ID) and 16 Co-Sponsors funds, and for other purposes. of ballast water or alternative ballast water and H. R. 1422 Thompson (D/CA) and 3 management methods prior to entry into any 19 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008 port within the Great Lakes, and for other S. 752. Nelson (D/NE) and 3 Co-Sponsors abrogate, injure, or otherwise impair any purposes. and H. R. 1462 Udall (D/CO) and 4 Co- right to the use of any quantity of water. Sponsors. Authorizes the Secretary of the H.R. 889. Miller (R/MI). Amends the Interior to participate in the implementation H. R. 574. Whitfield (R/KY). Ensures the NANPCA to establish vessel ballast water of the Platte River recovery Implementa- safety of residents and visitors to Lake Bark- management requirements, and for other tion Program for Endangered Species in the ley, KY, improves recreation, navigation, and purposes. Central and Lower Platte River Basin and to the economic vitality of the lake’s region, modify the Pathfinder Dam and Reservoir. and establishes a pilot program to maintain H. R. 2423. LaTourette (R/OH) and 4 Co- its pool elevation at 359 feet until after the Sponsors. Provides for the management S. 1116. Salazar (D/CO) and 3 Co-Sponsors. first Monday in September. and treatment of ballast water to prevent Facilitates the use for irrigation and other the introduction of nonindigenous aquatic purposes water produced in connection with H. R. 591. Musgrave (R/CO). Amends species into coastal and inland waters of the development of energy resources. the Cache La Poudre River Corridor Act to U.S., and for other purposes. designate a new management entity, make S. 2156. Bingaman (D/NM) and 3 Co-Spon- certain technical and conforming amend- Public Lands sors. Authorizes and facilitates the improve- ments, enhance private property protections, ment of water management by the Bureau and for other purposes. H. R. 1463. Udall (D/CO) and Trancredo of Reclamation, to require the Secretary (R/CO). Provides for restoration activities of the Interior and the Secretary of Energy H. R. 1180. Udall (D/CO). Assures that on Federal lands under the jurisdiction of the to increase the acquisition and analysis of development of certain Federal oil and gas Interior or Agriculture Depts, and for other water-related data to assess the long-term resources will occur in ways that protect purposes. availability of water resources for irrigation, water resources and respect the rights of the hydroelectric power, municipal, and environ- surface owners, and for other purposes. H. R. 1484. Tancredo (R/CO) and Udall mental uses, and for other purposes. (D/CO). Provides consistent enforcement H. R. 2277. Lamborn (R/CO) and Tan- authority to federal agencies (BLM, NPS, H. R. 135. Linder (R/GA) and 5 Co- credo (R/CO) and H.R. 1833 Salazar (D/ FWS and FS) to respond to violations of Sponsors. Establishes the 21st Century CO). Authorizes the Interior Secretary to regulations regarding the management, use, Water Commission to study and develop conduct a feasibility study relating to long- and protection of public lands under their recommendations for a comprehensive water term water needs for the area served by the jurisdiction, and for other purposes. strategy to address future water needs. Fryingpan-Arkansas Project, CO, and for other purposes. Water Resources H. R. 307. Pearce (R/NM). Imposes limitations on the authority of the Interior Sources: http://www.gpoaccess.gov/bills/ S. 564. Feingold (D/WI) and McCain (R/ Secretary to claim title or other rights to index.html; and http://thomas.loc.gov/cgi- AZ). Modernizes water resources planning, water absent specific direction of law or to bin/thomas and for other purposes.

20 River Crossings - Volume 17 - Number 1 - January/February 2008 River Crossings - Volume 17 - Number 1 - January/February 2008

2008 Reader’s Survey

Dear River Crossings Readers:

Thank you for your past interest in River Crossings, and most of all for your support in promoting the conservation and preservation of the Mississippi River Basin’s great rivers. Without your continuing support and help in furthering the in- terests of aquatic resource management and conservation on the Nation’s interjurisdictional rivers (i.e. those that border on or pass between two or more states or management jurisdictions), our work would be impossible. In our continuing effort to provide you with a quality newsletter, we ask that you fill out this survey and provide us with your thoughts on what we are doing well, what we could do better, and what we should be doing, but currently aren’t. Also, please let us know if you wish to remain on our mailing list. We are constantly striving to conserve resources and cut costs, so your assistance is greatly appreciated. Reader’s Survey Forms should be mailed to MICRA, P.O. Box 774, Bettendorf, IA 52722 or an email message with your comments can be sent to us at [email protected].

Sincerely,

Chris O’Bara Chairman ______

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