Federal Clean Water Act Update

For over 25 years, the U.S. EPA and U.S. Army Corps of Engineers have provided a regulatory framework for what constitutes the definition of “waters of the United States”. Water bodies meeting this definition are highly regulated creating legal and regulatory implications. On March 25, 2014, EPA and the Corps proposed a joint rule redefining what consitutes “waters of the United States” in light of Supreme Court rulings in 2001 and 2006. The 2014 proposed rule replaces guidance from 2003 and 2008, and attempts to clarify the regulatory status of isolated places in a landscape; it does not modify other categories of waters htt currently are jurisdictional by rule (e.g. navigable waters, wetlands, impoundments, etc.). Download pdf link to the Congressional Research Service recently published paper entitled, Federal Clean Water Act (CWA)

 

“Underwater in Salem Sound” – Environmental Lecture Series

MARBLEHEAD, MA – On Wednesday, February 26, 2014, Environmental Attorney Michael Carvalho will attend the Salem Sound Coastwatch lecture series, “Underwater in Salem Sound. In this lecture series, which will be held the last Wednesday of the month January through April, experts will explore life in local coastal waters.

The Lecture Series is part of a MET (Massachusetts Environmental Trust) grant awarded to Salem Sound Coastwatch to study the issue of turbidity in Salem Harbor over the next two and a half years.  Turbidity, which is cloudiness in the water column, affects the ability of the water to sustain marine life.

On  January 29, 2014, Dr. Robert Buchsbaum, conservation scientist with Mass Audubon, gave an illustrated presentation on the fascinating arctic birds that are only visible in Salem Sound during the winter. These seasonal guests come to local waters for the abundant food provided by Salem Sound’s fish, snails, mussels and underwater plants.

Then in February, Dr. Brad Hubeny, professor of geologic sciences at Salem State University, will talk about “History Revealed by the Sea Floor.” Hubeny’s research includes using sediment records to reconstruct pollution and human influence on natural water bodies.

In the third session, “Changing Climate, Changing Fishes,” Dr. Mike Armstrong of the Massachusetts Division of Marine Fisheries will talk about the decline of flounder, the burgeoning squid population and the changing species of fish resulting from changing water temperatures.

The series wraps up in April with “Shellfish, Shellfish Everywhere and Not a Clam to Eat” — a look at Salem Sound’s productive, but not edible, shellfish beds, by Barbara Warren of Salem Sound Coastwatch.

“Salem Sound’s natural resources play a huge role in the ecological, social and economic life of our region,” said Warren, Coastwatch’s executive director. “This is a wonderful opportunity to learn about our great neighbor, the ocean.”

To learn more about this lecture series, please go to: Underwater-in-Salem-Sound Lecture Series.

This Lecture Series is funded in part by a grant from the Massachusetts Environmental Trust (MET).  MET is funded through the sale of environmental license plates. Every Massachusetts driver who purchases one of the “Preserve the Trust” license plates is contributing to the Trust and to the state’s environmental well-being.

 

U.S. Billionaire to Pour $100 Million into Climate Change Fight

A California hedge fund investor has pledged $100 million in contributions to pro-environmentalist congressional campaigns, bolstering the battle against climate change.

Billionaire Tom Steyer on Wednesday night hosted Senate Majority Leader Harry Reid of Nevada and six other Democratic lawmakers for a fundraiser at his San Francisco home and is planning an ad campaign for candidates who support tough action on climate change.

Steyer, founder of the hedge fund Farallon Capital, plans to spend $50 million of his own money and raise another $50 million from other donors for the November midterm elections.

His aim is to serve as a political counterweight to the conservative billionaire Koch brothers, who have already spent $30 million so far this year on attack ads targeting vulnerable Democratic senators who have supported the healthcare reform law popularly known as Obamacare.

Steyer hosted Reid and some of Congress’ most active climate change advocates: Senators Sheldon Whitehouse of Rhode Island, Jeanne Shaheen of New Hampshire, Ben Cardin of Maryland, Patrick Leahy of Vermont, Tom Udall of New Mexico, and Representative Gary Peters of Michigan, according to a source who attended the dinner and who spoke on condition of anonymity.

They were joined by former Vice President Al Gore, who has spent much of his post-Washington life campaigning for strong climate change legislation, such as a carbon tax.

The 40-person dinner, paid for by the Democratic Senatorial Campaign Committee, raised more than $400,000. Democratic donors Mark Buell and Susie Tompkins Buell, co-founder of the Esprit clothing company, and Lorna and Wade Randlett, renewable energy investor and founder of the Bay Area Democrats, co-hosted the dinner of salmon and grass-fed beef from Steyer’s ranch.

KEYSTONE TEST

Steyer used the opportunity to share the latest results of a poll his group released on Thursday that show that American voters are deeply concerned about the construction of the controversial Keystone XL pipeline.

The poll examines “voter sentiments related to whether the TransCanada (Corp.) oil will stay in the U.S. or leave the country; nature of foreign investment; and whether TransCanada should be required to testify under oath as to where the refined oil will go,” said the source who attended the fundraiser.

The poll of 5,000 voters conducted by SurveyUSA found that 85 percent of registered voters want Congress to know whether the Canadian oil being transported by the pipeline will end up overseas, against what NextGen said was a pledge by TransCanada to keep the oil in North America.

Matt Dempsey of the group Oil Sands Fact Check disputed the findings of the NextGen poll and said most Americans favor construction of the pipeline.

“What do you do when you’re clearly on the losing side in your own party? You pay for your own poll that asks misleading questions designed to get the results you want,” he said in a statement.

Steyer has been a vocal opponent of the Keystone XL pipeline and has called on the Obama administration to reject a permit that would allow the project to cross the U.S.-Canadian border.

The pipeline has taken on a wider meaning for Obama, who says he is committed to energy independence and weaning the nation off fossil fuels blamed for climate change.

Steyer’s NextGen group is even willing to challenge vulnerable Democrats who have voiced support for the Keystone pipeline.

Earlier this month, it launched a campaign to get people to vote online for a candidate that NextGen should target in its next TV ad. The list includes newly minted Senate Energy Committee Chair Mary Landrieu, a Louisiana Democrat.

Chris Lehane, a political adviser to Steyer, told reporters that it is not in the interest of a vulnerable candidate like Landrieu to take a strong pro-energy industry stance when “fossil fuel companies are still spending a ton of dough to take you out.”

Lehane said NextGen was looking at 14 possible campaigns to target this election season but said they have not finalized the list.

The group will consider three questions when deciding whether to get involved, he said: Will the climate change issue play a role at the polls; will the state be relevant to the 2016 presidential race or to keeping control of the Senate this year; and will a state pursue a significant climate initiative if a prospective candidate wins?

A New York Times article said the group is looking at a Senate race in Iowa and support for the Democratic candidate, Representative Bruce Braley, an advocate of measures to address climate change.

Steyer may also be considering the governor’s race in Florida and supporting the challenger to incumbent Republican Rick Scott. Scott has said that scientific evidence has not established that humans have caused climate change.

Download Source Article

 

Recent Environmental Regulatory Changes

ATLANTA, GA – Attorney Michel Carvalho presented a seminar on recent environmental regulatory changes to the Alliance of Hazardous Materials Professionals in Atlanta, GA on February 19, 2014.  The title of the presentation is “Assessing the Impact: ASTM E1527-13 and EPA’s Final Rule on AAI”.  The presentation is available for download in pdf format. Assessing the Impact of ASTM E1527-13 – FINAL

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