CHARLESTON, W. Va. – The Obama administration has released a new rule clarifying which waterways are covered by the Clean Water Act.
Many West Virginia conservationists say it's a promising step. Two court decisions have, in a sense, muddied the waters about which protections apply to a number of streams, creeks and wetlands.
Critics are describing the Waters of the U.S. rule as a federal power grab. But Cindy Rank, who chairs the West Virginia Highlands Conservancy's Mining Committee, says it just makes clear which waterways are protected – in her words, "Waters that we have always protected."
"It just will make it clearer after the confusion of the past several years, about these small headwater streams and wetlands, and connected areas," she explains.
The Environmental Protection Agency (EPA) says the new rule clarifies its jurisdiction on only three percent of the country's surface area, all of which had been covered by the Clean Water Act before.
Rank points out that it also reinforces existing agriculture exemptions. When it comes to the ways the rule could benefit them, she thinks farmers are being misled.
"What the Clean Water Act does is protect the waters they are dependent on for their crops, their animals and their livelihoods," says Rank. "Whoever misleads them is being very disingenuous."
Rank says she believes clarifying protections for small headwater streams will help hundreds of millions of Americans whose tap water is at risk when these upstream tributaries become polluted. She notes it is especially helpful for rural West Virginians.
"For some of us, who live out in the hills and hollows and depend them for our water resources - our drinking water, water for our animals or homes - they are very important, for themselves," she says.
While finalizing the rule, the EPA and the U.S. Army Corps of Engineers held more than 400 public meetings and considered more than a million public comments.
According to the EPA, nearly 90 percent of public comments favored the rule. However, some farm and mining groups and real estate developers say the new rule hampers their operations by controlling every tiny stream and wetland.
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A new report found four dams in the Columbia River Basin are big emitters of methane.
Research from the organization Tell The Dam Truth showed the four lower Snake River dams in eastern Washington emit the equivalent of 1.8 million metric tons of carbon dioxide each year.
Robin Everett, deputy western region field director for the Sierra Club, said it undercuts some of the claims the dams are helping provide the region with clean energy.
"It's really clear from this report that we have to take this a lot more seriously that there are some real impacts as far as emissions go from these dams," Everett asserted.
The reports showed the dams produce the equivalent emissions of burning 2 billion pounds of coal annually. Defenders of the dams counted they are important for barging and irrigation for the area's agricultural lands.
But Everett pointed out the dams have another effect on the region: they block the dwindling population of salmon and steelhead from traveling upstream on the Snake River. She noted it not only hurts fish populations but the tribes relying on them.
"We have an obligation for them to be able to fish and if there are no fish to fish, we have broken the treaties," Everett contended
Chinook salmon are also an important source of food for orca on the West Coast. Everett added protecting salmon is important for tribes and the region as a whole.
"Our moral obligation to the salmon and the orca that depend on them are met as well," Everett concluded.
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A proposed pumped-storage hydroelectric facility for Cuffs Run near the Susquehanna River in York County has been challenged by the Chesapeake Bay Foundation.
The foundation filed a motion to intervene in the proceedings with the Federal Energy Regulatory Commission, which is considering granting a preliminary permit to build a 1.8-mile-long dam for the project.
Harry Campbell, science policy and advocacy director for the Chesapeake Bay Foundation, said they are working to stop the project in order to protect the unique Cuffs Run area and its ecological benefits for future generations.
"If approved, this project would destroy it about 580 acres of prime farmland, fields and forests, some of which have not been disturbed in about 100 years," Campbell pointed out. "Those farms, fields and forests exist harmoniously with and in support of a plethora of plant and animal life."
The foundation is circulating an online petition and encouraged Pennsylvanians to provide comments before Sunday.
The stream is home to naturally reproducing brook trout. Advocates worry the $2.5 billion project would also be harmful to the Susquehanna River. Campbell noted about 40 families would be displaced.
"For those who call Cuffs Run home, it's more than just a place to live. It's their heritage and they want it to be part of their legacy," Campbell asserted. "This project just simply is the wrong idea in the wrong place. In order to honor that heritage and that legacy, we need to preserve this area."
Campbell emphasized the Cuffs Run project is about 993 acres of land draining into a 2.5-mile unnamed tributary. He added in terms of stream habitat, the rocks, pebbles and woody material have been identified as among the best in the region for supporting critters living in the water.
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Tennesseans want more say in how the Tennessee Valley Authority plans for their future electricity needs and a bill now in Congress could give the public more influence.
The "TVA Increase Rate of Participation Act," would require a more open decision-making process for the utility.
Brianna Knisley, director of public power campaigns for Appalachian Voices, said the TVA is currently developing its new Integrated Resource Plan to meet future energy demands. The bill would require more public participation in the plan's proceedings.
"Right now the stakeholders who get to provide input early on in the IRP process are all hand-selected by TVA," Knisley pointed out. "You can't choose to be in that IRP working group. And those are the only folks who get substantial input in the architecture of the IRP, as it's being designed."
The utility serves more than 10 million people across six states. The TVA said it is reviewing the legislation. A draft of the plan will be published at a later date. The TVA said it already has a "robust stakeholder engagement plan."
After the plan is released, Knisley noted public input happens during what's known as the scoping phase of the National Environmental Policy Act. Open houses are set up, where the TVA answers questions from the public. Knisley encouraged Tennesseans to raise any of their concerns during the public and virtual hearings.
"I think additional public input into our region's long-term energy plan is only going to strengthen outcomes," Knisley contended. "And make that long-term energy plan better meet the needs of the Tennessee Valley, as a whole."
She added it is important for Tennesseans to work with Congress on the best way to improve public input in the TVA decision-making process.
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