Trump Admin’s Clean Water Rollback Will Hit Some States Hard
By Tara Lohan
The Santa Fe River starts high in the forests of New Mexico's Sangre de Cristo mountains and flows 46 miles to the Rio Grande. Along the way it plays important roles for wildlife, irrigation, recreation and other cultural uses, and provides 40 percent of the water supply for the city of Santa Fe's 85,000 residents.
But some stretches of the river don't flow year-round, and that means parts of this vitally important water system could lose federal protections under changes to clean-water rules just passed by the Trump administration.
The administration's new Navigable Waters Protection Rule replaces the Obama-era Waters of the U.S. (or WOTUS) rule that defined which waterways were protected under the Clean Water Act. The Obama administration broadened and clarified which waters were safe, but the new rule takes a much narrower view. Under the changes many waterways lose federal protection. That includes ephemeral streams and rivers that depend on seasonal precipitation — like parts of the Santa Fe — as well as waters that cross state boundaries and wetlands that aren't adjacent to major water bodies.
This loss of protections means pesticides, mining waste, and other pollutants can be dumped into these streams and unconnected wetlands can be filled for development without running afoul of federal authorities.
"This puts drinking water for millions of Americans at risk of contamination from unregulated pollution," Blan Holman, a senior attorney at the Southern Environmental Law Center, told The New York Times. "This is not just undoing the Obama rule. This is stripping away protections that were put in place in the '70s and '80s that Americans have relied on for their health."
The rule flies in the face of basic science about river ecology and groundwater, according to the Environmental Protection Agency's own scientists. Even if streams don't flow all the time or wetlands don't touch major bodies of water, dumping pollutants into them can still harm the watershed — and by extension drinking water and wildlife.
The Trump administration promised these changes would offer more control to states, but many state officials say they find the new rules problematic, confusing and potentially dangerous.
"One of our biggest concerns with the final rule is that it's not rooted in sound science," said Rebecca Roose, water protection division director of the New Mexico Environment Department. "And there was really no attempt by the agency to reconcile the final rule with the scientific basis for the 2015 WOTUS rule and advice from the scientific community."
While these changes will be felt in every state, they won't be felt equally.
Some states may not be equipped to deal with what's coming, said Jen Pelz, an attorney and biologist at the nonprofit group WildEarth Guardians.
To understand these changes, it helps to look to the East Coast, where the 64,000 square-mile Chesapeake Bay watershed touches six states and the District of Columbia. Decades of concerted effort and millions of dollars have helped clean up and protect its network of creeks, streams, rivers and wetlands that flow into the tidal bay.
Experts fear the new rule could undo some of that effort.
Chesapeake Bay wetlands in Maryland. Timothy Pohlhaus / CC BY-NC-ND 2.0
The most damage could come from Delaware, West Virginia and the District of Columbia, which lack strong state laws to protect waters. In Delaware alone, 200,000 acres of wetlands could now be susceptible to pollution or drained and filled for development, the Chesapeake Bay Foundation reported.
Wetlands like those in the Chesapeake serve as a critical safeguard for filtering water pollution, according to the EPA. Coastal wetlands can also help prevent floods and storm surges, with are both likely to increase with climate change and sea-level rise.
And this weakening of protections in some states in the region could harm the entire multistate watershed because of the interconnected nature of waterways.
"Wetlands that are not connected on the surface with rivers are vital parts of a river network and significantly influence water quality, the rate of flow and the biological communities in larger rivers," Ellen Wohl, a professor of geosciences at Colorado State University and an expert in river systems, told The Revelator last year, when the rule change was proposed. Even when there's no surface connectivity, wetlands "can still be connected below the ground with other portions of the drainage basin," she explained.
That's an issue not just in the Chesapeake. Holman expressed concern about how it will affect states across the South. The rollback of protections is likely to affect drinking-water quality — and the states with the least resources to handle more pollution will be hit hardest.
"Who loses when that protection is removed? The people living downstream," Holman wrote recently in The Guardian. "They will have dirtier drinking water and more flooding. This is especially true in the South, where state environmental agency staff are routinely underfunded, understaffed and overwhelmed by pro-polluting politics and industries." The Clean Water Act previously leveled the playing field for these communities across the country, but now that's gone.
Those states with stronger state-level environmental laws, however, will be less vulnerable.
California, for example, has enacted state laws that protect all its wetlands and ephemeral streams. That means the clean water rollbacks would be less damaging — but it doesn't mean that California is entirely unaffected.
Federal funding that helps support water-quality protections in the state would be lost and — just like in the Chesapeake watershed — there's concern about waterways that cross into California from other states like Oregon, Arizona and even Colorado.
"Ephemeral streams across the Colorado River Basin states and Oregon contribute significant volumes of water to rivers flowing adjacent to and into California," said George Kostyrko, director of the Office of Communications for California's State Water Resources Control Board. "Millions of Californians and hundreds of thousands of acres of farmland in the Imperial and Coachella valleys depend on Colorado River water that will no longer have minimal federal protections."
Will the feds step in if one state's waters start to cause pollution in another? California officials aren't so sure.
Today’s announcement is an unlawful assault on the Clean Water Act and we’re prepared to take action. California… https://t.co/Oi8LyH52sB— Xavier Becerra (@Xavier Becerra)1579813291.0
"Generally, the Clean Water Act will still require federal agencies to follow state water laws," Kostyrko said. "We have grave concerns about how the federal administration could push boundaries here, though."
Costly Burden, Bigger Picture
The rule was sold to states as a way to boost their authority and give them more control over how waters within their boundaries are designated.
"All states have their own protections for waters within their borders and many already regulate more broadly than the federal government," EPA Administrator Andrew Wheeler said in a statement announcing the rule.
Unfortunately, that's not true for states like New Mexico.
"The premise that all states are capable of addressing water quality issues in their state is false," officials from the New Mexico Environment Department wrote in their public comments on the rule last year. "Not all states can implement a robust and successful water quality program without significant federal assistance."
Roose said they originally estimated that around 96% of New Mexico's waterways would lose federal protections. Since the final rule has been released, they're re-evaluating it and believe it may be slightly less, but the vast majority of the state's waterways would still fall outside the scope of federal jurisdiction under the new rule.
For a state with the second-worst economy in the United States, that poses some big problems.
New Mexico is already more reliant than most states on the federal government's help implementing Clean Water Act regulations. Under the Act certain programs, like the National Pollution Discharge Elimination System, which issues permits to regulate pollution discharges from large sources like mining operations, municipal sewage-treatment plants and big construction operations, can be relegated to states. But New Mexico is one of just three states where the federal government administers and enforces the program.
With the federal government now relinquishing regulatory authority to huge amounts of New Mexico's waterways, the state will need to find a way to fill those gaping holes to protect water quality — a process that won't be easy, cheap or fast.
"If we already had a built-in program for permitting discharges to our surface waters, then we might be able to pick up that regulatory permitting slack with existing state and rules, like some other states are planning to do," said Roose.
She says the state will do all it can to leverage its groundwater program and other regulations as it begins to work with the legislature to find funding and build capacity for a new regulatory program. It's a process that would take a minimum of three to four years at best, she estimates.
Barring legal challenges that result in an injunction, the rule would be implemented in just a few months.
That means that for years some drinking-water sources will be more at risk, and so will wildlife. In New Mexico this includes imperiled species such as the Gila trout, Chiricahua leopard frog, Jemez salamander, Rio Grande silvery minnow and yellow-billed cuckoo.
A yellow-billed cuckoo in the Gila National Forest, N.M. Bettina Arrigoni / CC BY 2.0
"We think of it not just in terms of water-quality protection for healthy rivers and streams for healthy aquatic ecosystems," said Roose. "We think about it as also tied to our economic viability for recreation and also a cultural resource for many individuals and communities and native communities throughout the state. So this cuts to the heart of who we are as New Mexicans."
She says the state is exploring all legal options to block the rule from taking effect, including possible multistate litigation. California has already declared that it will fight the rule change, and numerous other states and environmental groups are expected to work to block the measure, too.
The rule's fate may rest in the hands of the court, perhaps even the Supreme Court, but could also hinge on who wins the next presidential election. And there's a lot that could be litigated.
"The administration certainly didn't conduct an analysis of what waterways would be impacted," said Pelz. It will come down to how various definitions in the regulation are interpreted, which could lead to other legal challenges. "For example, 'typical year' is a term used to help determine what waterways are covered. What does that mean?" she asked. "Is it the 30-year average streamflow? Does it take into account a warming climate?"
She anticipates the rule will face a lot of scrutiny in the courts, but it's also only one part of a bigger picture.
Pelz said it's important to think about this rule in the context of the past three years and the litany of environmental rollbacks set in motion by the Trump administration. Bedrock environmental laws across the board have come under assault from the administration, ranging from the Migratory Bird Treaty Act of 1918 to the Endangered Species Act and National Environmental Policy Act.
"I think that the cumulative impact of all of these proposals is something that people aren't really talking about," she says. "We're talking about the environmental safety net that has been in place since I was born. These fundamental environmental protections that we've all come to know as just a baseline are going to no longer exist."
Editor's Note: The Center for Biological Diversity, which publishes The Revelator, filed an intent sue the Trump administration on February 18 over the rule change. This story was in development before the announcement, and all content from The Revelator is editorially independent from the Center's work.
Reposted with permission from The Revelator.
EcoWatch Daily Newsletter
Coronavirus Shines Light on Zoos as Danger Zones for Deadly Disease Transmission Between Humans and Animals
By Marilyn Kroplick
The term "zoonotic disease" wasn't a hot topic of conversation before the novel coronavirus started spreading across the globe and upending lives. Now, people are discovering how devastating viruses that transfer from animals to humans can be. But the threat can go both ways — animals can also get sick from humans. There is no better time to reconsider the repercussions of keeping animals captive at zoos, for the sake of everyone's health.
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By Kate Whiting
Bernice Dapaah calls bamboo "a miracle plant," because it grows so fast and absorbs carbon. But it can also work wonders for children's education and women's employment – as she's discovered.
These are the world's most bicycle-friendly cities. Statista<p>"The reason we use bamboo to manufacture bicycles is because it's found abundantly in Ghana and this is not a material we're going to import," says Dapaah, one of the World Economic Forum's Young Global Leaders.</p><p>"It's a new innovation. There were no existing bamboo bike builders in our country, so we were the first people trying to see how best we could utilize the abundant bamboo in Ghana."</p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="a335b5dffdd806bd6bb4debea90c2045"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/dxsb9c4HMn0?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
Supporting Students<p>Besides encouraging Ghanaians to swap vehicles for affordable bikes, Ghana Bamboo Bikes Initiative is helping students save time on walking to school so they have more time to learn.</p><p>Each time they sell a bike, they donate a bike to a schoolchild in a rural community, who might otherwise have to walk for hours to get to school.</p><p>Dapaah knows how transformative a shorter journey to school can be to academic performance. She grew up living with her <a href="https://www.youtube.com/watch?v=sb3joGYmx9A&feature=emb_logo" target="_blank">grandpa, a forester in a rural part of the country</a>.</p><p>"We had to walk three and a half hours every day before I could go to school. He later bought me a bike, so I finished senior high and wanted to go to university."</p><p>The experience inspired her to launch Ghana Bamboo Bikes Initiative with two other students at college.</p><p>"When we started this initiative, I looked back and said, when I was young, I had to walk miles before I could get to school, and sometimes if I was late, I was punished.</p><p>"Why don't we donate bikes for students to encourage them to study and so they can have enough time to be on books."</p><p>To date, they have sold more than 3,000 road, mountain and children's bikes – and Dapaah says they plan to donate <a href="https://www.entrepreneur.com/video/350343" target="_blank">10,000 bikes to schoolchildren over five years</a>.</p>
Empowering Women<p>The enterprise is also providing local jobs. It teaches young people to build bikes, particularly women and those in rural communities, where jobs can be scarce. More than 50% of people they have trained are women.</p><p>Dapaah says they want to boost the number of people they employ to 250 over the next five years and they are looking to partner with NGOs to build a childcare facility so mothers can continue to work.</p>
Reducing Emissions<p>By promoting a cycling culture in Ghana, Dapaah says they're also committed to reducing emissions in the transport sector and contributing to the UN's Sustainable Development Goals.</p><p>"I love the idea of reusing bamboo to promote sustainable cycling. People want to go green, low-carbon, lean-energy efficient," she says.</p>
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Deforestation coupled with the rampant destruction of natural resources will soon have devastating effects on the future of society as we know it, according to two theoretical physicists who study complex systems and have concluded that greed has put us on a path to irreversible collapse within the next two to four decades, as VICE reported.
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By Kristen Pope
Melting and crumbling glaciers are largely responsible for rising sea levels, so learning more about how glaciers shrink is vital to those who hope to save coastal cities and preserve wildlife.
Groans, Creaks, Icebergs’ Calving Splashes<p>Oskar Glowacki already knew that melting glacial ice sounds like frying bacon. As ice bubbles burst, anyone nearby can hear crackling and popping, said Glowacki, a postdoctoral scholar at the Scripps Institution of Oceanography. Using hydrophones, he and other scientists now can make more nuanced measurements of how a changing climate sounds underwater, from the groans, creaks and splashes of a calving iceberg to the changes in whale songs as the ocean warms.</p><p>Glowacki recently used a pair of hydrophones to study the underwater world of glaciers, publishing his findings in <a href="https://www.the-cryosphere.net/14/1025/2020/" target="_blank">The Cryosphere</a>. He and co-author Grant B. Deane measured glacier retreat by <a href="https://yaleclimateconnections.org/2020/07/melting-glaciers-sound-like-frying-bacon/" target="_blank">recording the sounds of ice</a> – from small chunks to enormous slabs – falling off the glacier and splashing into the water.</p><p>During the summer of 2016, Glowacki's team placed two hydrophones near Hansbreen Glacier in Hornsund Fjord, Svalbard. For a month and a half, they recorded sounds, also using three time-lapse cameras to collect images – including the "drop height" (how far the ice fell into the water) – so they could compare photos to the recordings. The team created a formula to represent the relationship between the size of a piece of ice falling from a glacier and the sound it makes underwater, also accounting for the pieces of ice falling from varying heights. (Hear an example of the sound an iceberg makes while calving <a href="https://soundcloud.com/user-248456662/iceberg-calving-hansbreen-glacier" target="_blank">here</a>.)</p>
Unlocking Information About Antarctic Ice Shelf<p>Other researchers also are using hydrophones to learn more about crumbling glaciers. Bob Dziak, research oceanographer with the NOAA/Pacific Marine Environmental Laboratory <a href="https://www.pmel.noaa.gov/acoustics" target="_blank">acoustics research group</a>, captured a massive calving event of the Nansen Ice Shelf in Antarctica with a hydrophone. He published the results with colleagues in <a href="https://www.frontiersin.org/articles/10.3389/feart.2019.00183/full" target="_blank">Frontiers in Earth Science</a></p><p>On April 7, 2016, satellite images showed a massive calving event had occurred on the ice shelf. The paper described it as the "first large scale calving event in >30 years."</p><p>However, once Dziak and colleagues delved into the data from three hydrophones deployed 60 kilometers east of the ice shelf, they uncovered a series of "icequakes" from January to early March 2016. He and other researchers believe that much of the ice actually broke free in mid-January to February, but it remained in the same location until an April storm – which their paper described as the "largest low-pressure storm recorded in the previous seven months" – broke the ice free.</p><p>"We suspected that the icebergs broke apart but remained in place – kind of pinned in place – until a major storm with high winds passed through the area and, finally, it was that last push that pushed the icebergs out to sea," Dziak says.</p><p>He and his co-authors wrote that "fortuitous timing and proximity of the hydrophone deployment presented a rare opportunity to study cryogenic signals and ocean ambient sounds of a large-scale ice shelf calving and iceberg formation event."</p>
Listening to Songs of Humpback Whales<p><a href="https://www.mbari.org/" target="_blank">Monterey Bay Aquarium Research Institute</a> studies the ocean, including its acoustics. One of the institute's projects involves examining the soundscape of California's Monterey Bay, including sounds from animals, humans, weather, and geologic processes like earthquakes. The researchers once even recorded an under-sea landslide. They also focus on recording and analyzing the <a href="http://www.mbari.org/humpback-song/" target="_blank">songs of humpback whales</a>. Male humpback whales' songs can be over 15 minutes in length, and they can be repeated for long periods of time – even hours. Listening to these songs and analyzing them can provide unique insights into the lives of these complex animals.</p><p>"Any time we want to study marine mammals, sound gives us a window into their lives because they use sound for all of their essential life activities, really," says institute biological oceanographer John Ryan. "Communication, foraging, reproduction, navigation – depending on the species, of course."</p><p>Previously, scientists had thought singing occurred only during courtship and mating, but now they think whales may also use song while migrating and hunting. They know song has a crucial role in the whales' lives.</p><p>"There's a whole other dimension to humpback whale song," Ryan says. "It is a mode of cultural transmission in this species. They learn songs from each other. They share songs as a population, and when populations mix and mingle, they learn new ideas, they explore with their song, improvise, and it's a real essential part of their culture."</p>
By William S. Lynn, Arian Wallach and Francisco J. Santiago-Ávila
A number of conservationists claim cats are a zombie apocalypse for biodiversity that need to be removed from the outdoors by "any means necessary" – coded language for shooting, trapping and poisoning. Various media outlets have portrayed cats as murderous superpredators. Australia has even declared an official "war" against cats.
Faulty Scientific Reasoning<p>In our <a href="https://doi.org/10.1111/cobi.13527" target="_blank">most recent publication</a> in the journal Conservation Biology, we examine an error of reasoning that props up the moral panic over cats.</p><p>Scientists do not simply collect data and analyze the results. They also establish a logical argument to explain what they observe. Thus, the reasoning behind a factual claim is equally important to the observations used to make that claim. And it is this reasoning about cats where claims about their threat to global biodiversity founder. In our analysis, we found it happens because many scientists take specific, local studies and overgeneralize those findings to the world at large.</p><p>Even when specific studies are good overall, projecting the combined "results" onto the world at large can cause unscientific overgeneralizations, particularly when <a href="https://doi.org/10.1016/j.tree.2015.01.003" target="_blank">ecological context is ignored</a>. It is akin to pulling a quote out of context and then assuming you understand its meaning.</p>
Ways Forward<p>So how might citizens and scientists chart a way forward to a more nuanced understanding of cat ecology and conservation?</p><p>First, those examining this issue on all sides can acknowledge that both the well-being of cats and the survival of threatened species are legitimate concerns.</p><p>Second, cats, like any other predator, affect their ecological communities. Whether that impact is good or bad is a complex value judgment, not a scientific fact.</p><p>Third, there is a need for a more rigorous approach to the study of cats. Such an approach must be mindful of the importance of ecological context and avoid the pitfalls of faulty reasoning. It also means resisting <a href="https://doi.org/10.1111/cobi.13126" target="_blank">the siren call of a silver (lethal) bullet</a>.</p>
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