IN THIS ISSUE: EDITOR’S NOTE EDITOR’S CHOICE NATIONAL NEWS STATE NEWS Dear Wetlanders, WETLAND SCIENCE The news stories over the past month have been overwhelming focused on the new NEWS Administration and political appointments. In my visits and phone conversations with RESOURCES & various federal, state, and local government staff, the one thing folks are unanimous PUBLICATIONS about is that we really just don’t know what to expect. So for now, we play a game of wait and see while internally strategizing new ways to continue moving our various POTPOURRI missions forward. CALENDAR OF EVENTS I personally predict a flurry of lawsuits over the next few years as we are experiencing a INDEX level of divisiveness in this country that we have not seen in several decades. Wetland regulations and jurisdictional determinations have a long history of being contested in the legal system – and I expect we’ll see new challenges on many fronts to existing policies as well as new ones such as the reissued Section 404 Nationwide Permits just To view the January released by the U.S. Army Corps of Engineers (see story in Editor’s Choice). issue of Wetland Breaking News as well as In the Editor’s Choice section this month, I have included a couple of stories regarding past issues on our U.S. Supreme Court cases. The first is a story about the dispute over which lower website, please click courts have jurisdiction to hear challenges to the Obama administration's Clean Water here. Rule. The second story is about a case where a couple from South Dakota challenged a USDA wetlands designation. In National and State News you’ll find stories about Visit ASWM online to various tribes who have initiated lawsuits regarding water rights. And in Wetland Science News you’ll find a story about a group of 21 youths (ages 9 to 20) who have read weekly news filed a lawsuit claiming that the U.S. government’s actions to address climate change updates between issues. have been inadequate and that they endanger young people. Please send comments The Association’s founder, Dr. Jon Kusler, Esq., completed two legal papers last year and news stories to that address potential legal issues regarding government liability for climate change [email protected]. and for updating flood maps. I recommend folks take a look at them as well as some of his previous legal papers on our website here. Thank you for your continued interest. It would be preferable, of course, if we could collaborate more and sue less. As Will Rogers (American cowboy and humorist) is quoted as saying: “Of course people are getting smarter nowadays; they are letting lawyers instead of their conscience be their guides." There are plenty of good examples of public/private partnerships that have been developed or are in the works. My hope is that in this era of uncertainty, we can do more to build bridges than block them. Best wishes for 2017, Marla J. Stelk All photos by Editor Jeanne Christie, ASWM Wetland Breaking News Justices take up WOTUS jurisdiction dispute By Amanda Reilly – E&E News – January 13, 2017 The Supreme Court has agreed to take up the dispute over which lower courts have jurisdiction to hear challenges to the Obama administration's Clean Water Rule. Justices today granted an industry petition asking the court to reconsider the 6th U.S. Circuit Court of Appeals' decision to hear legal challenges over the rule, which is also known as Waters of the U.S., or WOTUS. More than 30 states and many industry and farm groups have challenged the joint U.S. EPA-Army Corps of Engineers rule redefining what waterways and wetlands receive automatic protection under the Clean Water Act. For full story, click here. U.S. Supreme Court declines to hear S.D. farmer’s wetlands case By David Ganje – Bismarck Tribune – January 12, 2017 On Monday, Jan. 9, The U. S. Supreme Court denied the Petition of a Miner County South Dakota farm couple who were fighting a USDA wetlands designation. USDA enforces rules in which it declares as “wetlands” farmland that has been converted by a farmer from wetlands to arable working land. When such a federal designation is made the farmer loses his right to participate in USDA programs and benefits. Under USDA maps about two thirds of North Dakota, one half of South Dakota and the western part of Minnesota is covered by prairie potholes and wetlands. For full story, click here. EPA Launches WIFIA Program With $1 Billion in Loans Available for Water Infrastructure Projects U.S. Environmental Protection Agency – January 10, 2017 The U.S. Environmental Protection Agency (EPA) announced the availability of approximately $1 billion in credit assistance for water infrastructure projects under the new Water Infrastructure Finance and Innovation Act (WIFIA) program. EPA’s WIFIA program will provide long-term, low-cost credit assistance in the form of direct loans and loan guarantees to creditworthy water projects. WIFIA provides another option for financing large infrastructure projects – generally at least $20 million – in addition to the State Revolving Funds and bond market. WIFIA is available to state, local, and tribal governments; private entities; partnerships; and State Revolving Fund programs. EPA estimates that funds appropriated to the WIFIA program can be leveraged at a ratio greater than 50 to one, which means the $17 million program budget could allow EPA to make approximately $1 billion in loans and stimulate about $2 billion in total infrastructure investment. For full news release, click here. Army Corps of Engineers Revises and Renews Nationwide Permits Contact: Doug Garman or Gene Pawlik – U.S. Army Corps of Engineers – January 6, 2017 The U.S. Army Corps of Engineers (USACE) announced today revised and renewed nationwide permits (NWPs) necessary for work in streams, wetlands and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The new NWPs will take effect March 19, 2017, and replace the existing permits, which expire on March 18, 2017. The 2017 nationwide permits have been published in today’s Federal Register, and are posted to the USACE website here. For full news release, click here. President Obama Updates Executive Order on Invasive Species By Emily Ronis – The Wildlife Society – December 14, 2016 Last month, President Obama issued an executive order that directs member agencies of the National Invasive Species Council (NISC) to consider human and wildlife health, climate change, and innovations in science and technology when working on issues relevant to invasive species. Established by a 1999 executive order from President Clinton, NISC is a conglomerate of federal agency leaders that guide national efforts to prevent, remove, and control invasive species in the United States. The new Executive Order expands the reach of NISC; adding the heads of the Department of Health and Human Services as well as several White House offices to the NISC membership. While the Executive Order largely reaffirms the council’s original directives, the three “emerging priorities” of health, climate change, and technology were added as considerations. For full story, click here. ASWM’S Hot Topics Webinar: Overview of the Final Rule on Issuance and Reissuance of the §404 Nationwide Permits – January 19, 2017 The Association of State Wetland Managers Hot Topics Webinar Overview of the Final Rule on Issuance and Reissuance of the §404 Nationwide Permits will be held on Thursday, January 19 from 3:00 p.m.-5:00 p.m. Presenter: Dave Olson, U.S. Army Corps of Engineers. For more information, click here. So how can we help wetlands to help us? Communities • Find out how the wetlands in your area are being used or overused - and who depends on them. How do wetlands protect your area during extreme events? • Adopt practices that ensure long- term sustainability of the local wetlands for everyone. Measures might include controlling illegal fishing and dumping, no –take rules, set catch limits and regulate the type of activities by season. • Clear rubbish from wetlands, and unblock streams and rivers. Policy-makers Governments can include wetlands in their strategy for coping with disasters. Possible measures: • Designate wetlands in flood- and storm-prone zones as protected areas. • Restore degraded wetlands that act as protective barriers. • Work with local stake holders and civil society to promote sustainable agriculture, fisheries and tourism. • Adopt cross sectoral policies especially in agriculture and water to help protect wetlands. Individuals • Organize or join a wetland clean-up. • Become a Wetland Ambassador advocate for wetlands. • Use water more sparingly and avoid toxic products that drain into wetlands. • Participate in actions to conserve and restore wetlands. For more information on World Wetlands Day, click here. For a list of World Wetlands Day Events, click here. The Great Lakes Fishery Trust is Accepting Habitat Protection and Restoration Proposals The Great Lakes Fishery Trust (GLFT) is now accepting proposals under its Habitat Protection and Restoration grant program. This request for proposals (RFP) will be used for the disbursement of up to $500,000 in grants in 2017. Grants awarded through this RFP are intended for: • Protection, enhancement, and/or restoration of valuable Great Lakes fisheries habitat that supports the rehabilitation of lake trout, lake sturgeon, or other important Great Lakes fish populations. • Restoration of Great Lakes wetlands. • Removal of dams or barriers to restore fish passage (see Policy on Fish Passage and Other Dam Management Projects). • Field inventories that comprehensively identify road-stream crossings and other barriers at the watershed scale for watersheds identified as a high priority in planning or other management documents.