A U.S. Supreme Court decision is shaking up the environmental community in Illinois and across the country.
The high court " target="_blank">ruled 5-4 on Thursday that wetlands areas are not protected by the federal Clean Water Act, except in limited cases. Conservation groups have said the decision could put up to 80% of wetlands in the nation at risk for pollution and development.
Sierra Club Illinois director Jack Darin pointed out that wetlands absorb flood water, filter drinking water and provide shelter to a rich variety of wildlife. He said the primary protection for these areas in Illinois is the Clean Water Act.
"Today, the Supreme Court struck down that part of the Clean Water Act," he said. "Now, our people and our wildlife are unprotected and it's really critical that our state and our local governance step in to this gap to protect these areas that are so important to our health and our communities."
The court's ruling gutted what is known as the "Waters of the United States" rule, which has been under attack by industry and some private landowners for providing Clean Water Act protections they believe are too broad. The ruling came in a lawsuit by an Idaho couple against the EPA for not being able to build on their land because it contained wetlands.
Darin said Illinois has already lost more than 90% of its wetlands areas, which largely have been converted to farmland. He's convinced the rest are now at risk.
"We have seen a sustained assault on the Clean Water Act from polluters and developers that want to be able to destroy the last of our wetlands," he said, "and they have aligned with the conservative majority on the court."
According to the U.S. Geological Survey, about 3.5% of Illinois is wetlands.
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Wyoming's irrigation infrastructure is aging and the state gets regular requests to update it but in some cases, project benefits may not outweigh the costs.
Parts of the Bighorn Basin are some of the driest in Wyoming, according to state data. The proposed Alkali Creek Reservoir Project would provide supplemental, late-season water to 33 irrigators across 13,000 acres of land, a design in the works since 2007.
Jason Mead, director of the Wyoming Water Development Office, said a recently announced potential design change, from an open irrigation ditch to a pipeline, added about $30 million to the dam's price tag. It also decreases the ratio of benefits to costs, a calculation the office does for any water storage project it works on.
"In regards to the grant and loan, we can grant up to 100% of a project per our criteria," Mead explained. "But it's not to exceed the public benefit."
Benefits include boating and fishing in the reservoir, the short-term benefits of dam construction and the indirect benefits to local and regional economies through increased crop production. Mead noted other considerations are the life expectancy of the dam, the ability and willingness of the users to pay for it and, of course, the direct benefit to irrigators themselves, who plan to use the water mainly for alfalfa, corn, sugar beets and barley. Opponents said the dam will disrupt natural watershed functions.
Dagny Signorelli, Wyoming director for the Western Watersheds Project, said the dam could reduce spring flows in Paint Rock Creek by 33%, in Medicine Lodge Creek by 16% and in Alkali Creek up to 100%.
"In general, dams disrupt natural river ecosystems by altering their flow patterns and reducing the frequency and intensity of natural flooding events," Signorell pointed out.
Signorelli added it could alter habitat for wildlife both upstream and downstream, with special concerns for trout, pronghorn, elk, mule deer and raptors. Plus, according to permit objections submitted by Western Watersheds Project in 2018, greater sage grouse use five breeding grounds within a four-mile radius of the project.
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Oregonians have until July 22 to submit comments on the implementation of new environmental restrictions for the state's largest farms.
When the Oregon Legislature passed Senate Bill 85 last year, regulations were signed into law for Confined Animal Feeding Operations. Now, the Oregon Department of Agriculture is working to implement them.
Brian Posewitz, staff attorney for the group WaterWatch of Oregon, said the new rules will help protect one of Oregon's most important natural resources.
"All Oregonians should care about that, because all Oregonians should care about our water supplies, both in the streams and rivers as well as in the groundwater," Posewitz emphasized. "Because those water supplies are precious to everybody."
The regulations mean more closely monitoring the amount of water used by the large farms and considering the placement of the operations to reduce nitrate contamination in groundwater caused by manure. The move to protect Oregon's water supply coincides with an increase in demand for water as the state reenters its wildfire season.
As important as Oregon's water is, regulations often come with a price tag. Large ag operations could be more limited in their site selection, disposal of waste and use of water. The Oregon Farm Bureau predicted tougher rules will affect people's trips to the grocery store.
Lauren Poor, vice president of government and legal affairs for the bureau, thinks the new rules will make it harder to buy local, and wonders if the changes are justified.
"There wasn't a clear indication that there needed to be changes to this program to protect Oregon's waterways or Oregon's water supply," Poor contended.
According to Poor, the previous regulations were working, and continuously changing them can be difficult for producers. The deadline is July 22 to submit public comments to the Oregon Department of Agriculture before the regulations are finalized the end of this summer.
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The CEO of Austin Master Services - owner of a fracking-waste storage facility in Martin's Ferry, Ohio - will attend a hearing by phone today in Belmont County, facing contempt-of-court charges for failing to clean up 10,000 tons of waste - far beyond what the company was permitted to store.
Advocates and local officials continue to express concerns about the Ohio Department of Natural Resources' handling of toxic fracking waste and oversight of these types of facilities.
Beverly Reed, director and community organizer with the citizens' group Concerned Ohio River Residents, said they are on alert about potential water contamination - noting the facilities' proximity to the city's water supply and football field.
"When you have one of these facilities by a water supply, by where people recreate - anywhere, basically," said Reed, "it's concerning because of what's actually getting into the environment and what could be getting to water. "
ODNR spokesperson Karina Cheung said in an email that the agency is closely monitoring the situation and stands ready to clean up the facility if Austin Master Services fails to comply with the court's order - and that in April, before the court's contempt order, the Division of Oil and Gas Resources Management removed hundreds of barrels of liquid waste from the facility.
Fracking waste contains high levels of radium, volatile organic compounds, and at least one thousand chemicals.
Mayor of Martins Ferry John Davies argued that ODNR hasn't taken enough action to clean up the public health threat as quickly as possible.
"I'd like to see ODNR take responsibility, because they were responsible to permit the waste, and they're the ones that allowed it to go from 600 tons to 10,000 tons," said Davies. "The city has no jurisdiction. So I would like to see ODNR take control of the situation and clean it up."
Davies said he hopes the state shuts the facility down permanently, rather than issuing a new permit to potential waste storage companies that want to buy it.
"We do not want it re-permitted in the city of Martins Ferry," said Davies. "It's too close to our water source, and we're hoping that ODNR doesn't permit another company to enter the facility."
Davies added that the city continues to check it's water supply more frequently to ensure the community remains safe.
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