MWAC Newsletter
October 10, 2008
In This Issue:
- SUPREME COURT DECLINES REVIEW OF RAPANOS RELATED CASE
- HABITAT RESTORATION CALL TO ACTION
- DEQ INVESTIGATING TAMARACK LODGE
- 2009 NATIONAL WETLANDS AWARDS
SUPREME COURT DECLINES TO GRANT REVIEW OF RAPANOS RELATED CASE
On October 6, the Supreme Court denied "certiorari" in Lucas v. US, a case involving an appeal from the Federal Court of Appeals for the Fifth Circuit where that court found that wetlands in Mississippi which had been polluted by a developer due to the unpermitted placement of fill and septic waste into the wetlands were protected under the Clean Water Act because the wetlands met the tests put forth in all three major opinions in Rapanos. Denying certiorari means the Court declined to accept the appeal, leaving the lower court decision to stand.
It is worth noting that the Supreme Court has been ask to grant review to another Rapanos related case, the McWane case. In that case a government verdict was overturned because the Federal Court of Appeals for the Eleventh Circuit found the government failed to prove Avondale Creek in Alabama, which was being polluted by dumping of industrial waste by a manufacturer, had a "significant nexus" to the navigable downstream river into which the creek eventually flowed. Avondale Creek is a perennially flowing stream. The Eleventh Circuit ruled, however, that the plurality test of "relatively permanent" cannot in any instance be used and that a significant nexus must be demonstrated even for non-navigable perennial streams. The government is asking the Supreme Court to review and overturn this decision. A decision on whether or not the Supreme Court will take this case is pending.
The order denying certiorari in the Lucas case is at: http://www.supremecourtus.gov/orders/courtorders/100608zor.pdf
From Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation
RAE HABITAT RESTORATION COMMUNITY CALL TO ACTION
Restore America's Estuaries has released a Call to Action for the New Administration and Congress to Restore Our Nation's Estuaries.
The purpose of the Call to Action is to unite the habitat restoration community to speak with one voice for the need to make habitat restoration a national priority and to increase the scale and pace of restoring our nation's coastal and estuarine habitats. We invite you to view and endorse the Call to Action at:
http://www.thepetitionsite.com/2/restore-our-estuaries
We envision healthy and abundant coastal and estuarine ecosystems on every coast of the United States, and a shared and common national effort to protect and restore these irreplaceable resources, and the communities and livelihoods that depend on them. We also envision a habitat restoration community that is a vibrant, diverse collection of tens of thousands of individuals, organizations, businesses, and government agencies working together to restore our coasts and vital estuaries. Together, this group of scientists, practitioners, engineers, volunteers, and others will have the capacity, support, knowledge, and expertise necessary to restore the health of our nation's coasts and estuaries.
Although our goal is an ambitious one-10,000 signatures by early next year-we believe it can be achieved. It has never been more important for the coastal and estuarine habitat restoration community to be heard! We ask that when you sign on to the Call, you also use the opportunity provided to forward the Call to as many friends and colleagues as you can.
DEQ INVESTIGATING TAMARACK LODGE
State environmental officials continue to investigate alleged unlawful beach clearing at an East Bay hotel, and the county prosecutor could consider criminal charges. State and federal regulators cited the Tamarack Lodge in East Bay Township a year ago for illegal grooming of its beachfront property. The state Department of Environmental Quality is considering what the next action should be, said Eric Hudy, an enforcement specialist with the department's Land and Water Management Division in Cadillac. "What we have to do is look at the facts that are in the file and make a determination as to what the next step of enforcement is going to be," he said. He didn't know how long that could take. The DEQ last fall found that owner Richard "R.C." Hermann did not have a permit to smooth the 458 feet of beach believed to have been groomed. Hermann said in October 2007 that a small patch of vegetation was removed near a wetland.
He and environmental consultant Chris Grobbel submitted a plan this year to replant the lost vegetation. But state regulators "found it unacceptable," Hudy said. "We had some talks, and essentially we didn't come to an agreement." He would not discuss the status of the case, nor would he disclose any deadlines the DEQ gave Tamarack in its initial citation last fall. Hudy said he doesn't believe any work has taken place there. Wetlands on the property have been replaced both naturally and through planting, and a plan to remove invasive species near the wetlands has been conducted, Hermann said. But he added he has not been in contact with DEQ officials for at least four months, and has not received permission to proceed with restoring the beach. As such, "we haven't done anything," he said. Grand Traverse County Prosecutor Alan Schneider said his office has not received a request for charges from the DEQ, but believes Hudy "intends to do so."
Traverse City Record Eagle, October 5, 2008
http://www.record-eagle.com/local/local_story_279093902.html
NATIONAL WETLANDS AWARDS
2009 NATIONAL WETLANDS AWARDS: Celebrating 20 Years of Outstanding Contributions to Wetlands Conservation
Nomination forms for the 2009 National Wetlands Awards are now available. For 20 years, this program has honored individuals who have demonstrated extraordinary commitment to the conservation and restoration of our nation's wetlands. Help us celebrate our 20th anniversary by nominating someone you know for this prestigious award.
The National Wetlands Awards Program recognizes extraordinary individual achievement in six categories: Education and Outreach; Science Research; Conservation and Restoration; Landowner Stewardship; State, Tribal, and Local Program Development; and Wetland Community Leader. The winners in each category will be honored in a ceremony on Capitol Hill in May 2009.
For more information, visit www.nationalwetlandsawards.org and submit your nomination by December 15, 2008.
The Michigan Wetland Action Coalition (MWAC), a project of Tip of The
Mitt Watershed Council, is a network of wetland protection advocates across the state. MWAC is focused on promoting sound wetland protection policies at the
state and federal level through education and advocacy.
Tip of the Mitt Watershed Council
426 Bay Street
Petoskey, Michigan 49770
Phone: (231) 347-1181 x 114
Fax: (231) 347-5928
Email: jenniferm@watershedcouncil.org
Web: http://www.michiganwetlands.org/