 | I am constantly amazed at the access to information found on the internet. This week I was able to remotely attend a 3-day meeting organized by the Association of State Wetland Managers (ASWM). The meeting was titled Managing Change - Wetland Protection and Restoration in an Era of Changing Water and Energy Demands, and occurred at the National Conservation Training Center, Shepherdstown, West Virginia. The presentations came from a variety of folks: U.S. Department of Justice; U.S. Army Corps of Engineers (Headquarters, no less); U.S. Environmental Protection Agency; Federal Highway Administration; National Oceanic & Atmospheric Administration; Federal Energy Regulatory Commission (FERC); |
U.S. Fish & Wildlife; Federal Emergency Management Agency (FEMA); Natural Resource Conservation Service (NRCS); The Nature Conservancy; Ducks Unlimited; various state natural resource departments; ASWM; and a slew of others.
In this blog, I want to share some of my observations from the information covered by this varied group of professionals. The subject of wetlands and their conservation, restoration, and regulation are complex and it takes cooperation among professionals with various expertise for us to put forth our best efforts on this important national concern.
Some of these observations are opinions expressed by those working in these different agencies and do NOT represent any official governmental position…. Any errors in interpretation are ALL MINE, and the observations are made to mostly reflect the heartbeat of what went on at this meeting.
1. The 2015 updated version of the National Wetlands Plant List is coming out soon. After 2016, the plant list will be updated biannually with revisions. [“Proposed rating changes will be compiled in January of odd years (i.e. 2017, 2019) and sent to the Regional Panels for input in February. The National Panel will assign wetland ratings to non-consensus species and will review all regional lists in April. The proposed changes will be compiled over the summer and published in the Federal Register for public comment in September. In October, public comments will be summarized and the National Panel will review and respond to comments. The final changes will be published in the Federal Register in December of odd years.” A quote from a Notice by the Engineers Corps on 09/14/2015.]
2. There is a new publication out called Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects, commonly referred to as The 2015 Red Book (FHWA-HEP-15-07). ["The purpose of the Red Book is to function as a “how to” for synchronizing NEPA and other regulatory reviews. This handbook will be useful to Federal agencies that review permit applications, and Federal, State, and local agencies that fund or develop major transportation and other infrastructure projects. This document discusses the requirements of many statutes and regulations to facilitate the reader’s understanding of how compliance with those requirements can be fulfilled while implementing the synchronization concept discussed in the Red Book. By increasing the use of review synchronization, more effective and efficient regulatory reviews are anticipated that could result in projects with reduced impacts to the environment as well as savings of time and money… The handbook also includes best practices such as the use of transportation liaisons, innovative mitigation practices, and communication technology.” A quote from the U.S. DOT, Federal Highway Administration website.]
3. There is lots of activity going on regarding MITIGATION. There was a presidential memo on mitigation in November 2015; a Department Of the Interior (DOI) departmental manual was released on mitigation in October 2015 (Implementing Mitigation on the Landscape-Scale); and the USFWS is currently drafting a revised mitigation policy which is open for public comment until March 8th. The USFWS is also drafting a compensatory mitigation policy which will be out in the Federal Register on April 15th.
There is also a recently released report called The Mitigation Rule Retrospective: A Review of the 2008 Regulations Governing Compensatory Mitigation for Losses of Aquatic Resources which summarizes the progress made in implementing the 2008 Mitigation Rule, including analysis of trends in aquatic resource impacts and compensation from 2010 to 2014 and trends in mitigation banking and in-lieu-fee programs from the mid-1990s through 2014. [Description comes from a COE Factsheet.]
4. It is likely that the issues surrounding The Clean Water Rule will be settled (or at least have clarity) within the next 12 months.
5. The current 2012 Nationwide Permits are undergoing a review process. The election year adds some constraints to this timeline. I included the proposed timeline to show you how this process is scheduled. OMB is the Office of Management and Budget.
In this blog, I want to share some of my observations from the information covered by this varied group of professionals. The subject of wetlands and their conservation, restoration, and regulation are complex and it takes cooperation among professionals with various expertise for us to put forth our best efforts on this important national concern.
Some of these observations are opinions expressed by those working in these different agencies and do NOT represent any official governmental position…. Any errors in interpretation are ALL MINE, and the observations are made to mostly reflect the heartbeat of what went on at this meeting.
1. The 2015 updated version of the National Wetlands Plant List is coming out soon. After 2016, the plant list will be updated biannually with revisions. [“Proposed rating changes will be compiled in January of odd years (i.e. 2017, 2019) and sent to the Regional Panels for input in February. The National Panel will assign wetland ratings to non-consensus species and will review all regional lists in April. The proposed changes will be compiled over the summer and published in the Federal Register for public comment in September. In October, public comments will be summarized and the National Panel will review and respond to comments. The final changes will be published in the Federal Register in December of odd years.” A quote from a Notice by the Engineers Corps on 09/14/2015.]
2. There is a new publication out called Synchronizing Environmental Reviews for Transportation and Other Infrastructure Projects, commonly referred to as The 2015 Red Book (FHWA-HEP-15-07). ["The purpose of the Red Book is to function as a “how to” for synchronizing NEPA and other regulatory reviews. This handbook will be useful to Federal agencies that review permit applications, and Federal, State, and local agencies that fund or develop major transportation and other infrastructure projects. This document discusses the requirements of many statutes and regulations to facilitate the reader’s understanding of how compliance with those requirements can be fulfilled while implementing the synchronization concept discussed in the Red Book. By increasing the use of review synchronization, more effective and efficient regulatory reviews are anticipated that could result in projects with reduced impacts to the environment as well as savings of time and money… The handbook also includes best practices such as the use of transportation liaisons, innovative mitigation practices, and communication technology.” A quote from the U.S. DOT, Federal Highway Administration website.]
3. There is lots of activity going on regarding MITIGATION. There was a presidential memo on mitigation in November 2015; a Department Of the Interior (DOI) departmental manual was released on mitigation in October 2015 (Implementing Mitigation on the Landscape-Scale); and the USFWS is currently drafting a revised mitigation policy which is open for public comment until March 8th. The USFWS is also drafting a compensatory mitigation policy which will be out in the Federal Register on April 15th.
There is also a recently released report called The Mitigation Rule Retrospective: A Review of the 2008 Regulations Governing Compensatory Mitigation for Losses of Aquatic Resources which summarizes the progress made in implementing the 2008 Mitigation Rule, including analysis of trends in aquatic resource impacts and compensation from 2010 to 2014 and trends in mitigation banking and in-lieu-fee programs from the mid-1990s through 2014. [Description comes from a COE Factsheet.]
4. It is likely that the issues surrounding The Clean Water Rule will be settled (or at least have clarity) within the next 12 months.
5. The current 2012 Nationwide Permits are undergoing a review process. The election year adds some constraints to this timeline. I included the proposed timeline to show you how this process is scheduled. OMB is the Office of Management and Budget.
Slide captured from David Olson's, U.S. Army Corps of Engineers, ASWM meeting presentation, March 29, 2016. Purple added to focus attention to the Public Input area of the process for an upcoming lecture I have scheduled.
6. On April 1, 2016, there is likely to be a U.S. court response to the en banc review requested of the 6th Circuit Court of Appeals regarding the Clean Water Rule litigation.
7. In clarifying the U.S. Army Corps of Engineers v. Hawkes Co. Inc. case at the Supreme Court level - the Corps' Jurisdictional Determination does not change legal status or obligation of a landowner. It is NOT until you are in the process of getting a permit (or required for impacts) that you have legal responsibilities and it can be taken to court. This is the debate. The cases that have been in the court system for the last 20 years involved those who were already in the permitting process.
8. Do the issues brought up in The Closing Circle: Nature, Man, and Technology (1971), by Barry Commoner, still hold true today? Check it out. Food for thought.
9. In 2015, Executive Order 13690 (Establishing A Federal Flood Risk Management Standard and a Process For Further Soliciting and Considering Stakeholder Input) was released which amends the previous E.O. 11988, Floodplain Management (1977). [“The amendments require federal agencies to use natural systems, ecosystem processes, and nature-based approaches to identify alternatives and require federal agency regulations or procedures to be consistent with the Federal Flood Risk Management Standard (FFRMS). The FFRMS provides 3 approaches that federal agencies can use to establish the flood elevation and hazard area for consideration in their decision-making for federally funded projects: climate-informed science approach, freeboard approach (adding 2-3 feet of elevation to the 100-year floodplain), and using the 500-year floodplain.” Quote from the U.S. Department of Energy.]
10. There is a need to use social and communication science more to inform and educate others regarding the issues surrounding wetlands.
This is only a few of my notes from the many presentations, and much more can be gleaned from the recordings of this meeting. I encourage you to visit the ASWM website to learn more. The Association of State Wetland Managers is doing a great job of getting the word out on wetlands!
-JMB
7. In clarifying the U.S. Army Corps of Engineers v. Hawkes Co. Inc. case at the Supreme Court level - the Corps' Jurisdictional Determination does not change legal status or obligation of a landowner. It is NOT until you are in the process of getting a permit (or required for impacts) that you have legal responsibilities and it can be taken to court. This is the debate. The cases that have been in the court system for the last 20 years involved those who were already in the permitting process.
8. Do the issues brought up in The Closing Circle: Nature, Man, and Technology (1971), by Barry Commoner, still hold true today? Check it out. Food for thought.
9. In 2015, Executive Order 13690 (Establishing A Federal Flood Risk Management Standard and a Process For Further Soliciting and Considering Stakeholder Input) was released which amends the previous E.O. 11988, Floodplain Management (1977). [“The amendments require federal agencies to use natural systems, ecosystem processes, and nature-based approaches to identify alternatives and require federal agency regulations or procedures to be consistent with the Federal Flood Risk Management Standard (FFRMS). The FFRMS provides 3 approaches that federal agencies can use to establish the flood elevation and hazard area for consideration in their decision-making for federally funded projects: climate-informed science approach, freeboard approach (adding 2-3 feet of elevation to the 100-year floodplain), and using the 500-year floodplain.” Quote from the U.S. Department of Energy.]
10. There is a need to use social and communication science more to inform and educate others regarding the issues surrounding wetlands.
This is only a few of my notes from the many presentations, and much more can be gleaned from the recordings of this meeting. I encourage you to visit the ASWM website to learn more. The Association of State Wetland Managers is doing a great job of getting the word out on wetlands!
-JMB
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