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June 8, 2023

Chestertown Spy

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Ecosystem Eco Portal Lead News News Homepage

The Mid-Shore Faces Code Red

June 8, 2023 by Maryland Matters Leave a Comment

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Photo by Spy Agent 7

As of Wednesday, a majority of Maryland is under an air quality advisory due to smoke wafting in from raging wildfires in Eastern Canada, and state environment officials are warning that Marylanders should limit their exposure outside.

“Fires over Quebec continue to produce prodigious smoke which is being continuously funneled on northerly flow towards the Mid-Atlantic. Presently a concentrated plume of smoke is working south through Pennsylvania and New York towards the eastern half of Maryland,” according to the state’s Department of the Environment’s most recent air quality forecast discussion.

The smoky air began rolling in Tuesday evening, bringing in fine particles that are lung irritants, according to the U.S. Environmental Protection Agency.

High concentrations fine particles brought in through wildfire smoke can lead to a variety of symptoms, ranging from “relatively minor (e.g., eye and respiratory tract irritation) to more serious health effects (e.g., exacerbation of asthma and heart failure, and premature death),” according to the EPA.

Additional health effects attributed to short-term wildfire smoke exposure includes coughing, phlegm, wheezing, and difficulty breathing.

While more Northern cities are experiencing the brunt of the smoke and suffering from reduced air quality due to the wildfires in Canada, Maryland is catching a fair amount of smoky air.

Air quality is indicated through the air quality index (AQI), a metric that ranges from 0 to 500 AQI, with lower numbers meaning better air quality, according to AirNow, a partnership between federal environmental and health agencies. “Good” air quality index ranges from 0 to 50.Maryland Department of the Environment reports that most of Maryland is experiencing “unhealthy” air quality due to wildfires in Canada. Credit: Maryland Department of the Environment

In Maryland, Garrett and Allegany counties are under a “moderate” air quality advisory, at 89 AQI, the Maryland Department of the Environment reports. In this area, people who are uniquely sensitive to air quality are recommended to reduce outdoor excursion.

At 112 AQI, Washington County’s air quality is considered “unhealthy” for sensitive groups, which includes children, older adults and people with respiratory disease or heart disease. These groups are recommended to take precautions and limit prolonged outdoor exertion, according to AirNow

All of Maryland’s remaining counties and Baltimore City are under a Code Red at 151 AQI, meaning that all residents should limit prolonged outdoor exertion and sensitive groups should avoid outdoor activities, according to AirNow.

The governor’s office released a list of tips to keep healthy during poor air quality:

• If you have lung or heart disease, stay indoors.
• Air conditioning can improve the air quality indoors.
• Masks (like N95s, KN95s) will reduce the particles that you breathe, but they can also make it harder to breathe.
• Be alert for breathing problems in children, especially children with lung problems like asthma.
• Check on neighbors and relatives with chronic health problems.

“The health and safety of Marylanders is our top priority. We will continue to monitor the situation and provide updates as more information is available,” Gov. Wes Moore (D) said in a statement.

Current projections from the state environmental department indicate that some reprieve from smoky air is likely to arrive between Thursday and Friday, when a majority of the state is expected to move from an “unhealthy” air advisory to “unhealthy for sensitive groups.”

By Danielle J. Brown

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: Eco Portal Lead, News Homepage

Summer Talk Series with the Horn Point Laboratory

June 8, 2023 by Horn Point Laboratory Leave a Comment

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As part of their 50th anniversary, the Horn Point Laboratory (HPL) is hosting a series of six free Summer Talks.  Beginning June 20 these Tuesday talks will run weekly (except July 4th), from 5:30 to 6:30 pm.  “We are excited to bring our latest science to the Cambridge community and to share what we are learning about the natural world around us.” shared Director, Mike Sieracki. With slides and conversation, faculty members will share their research on a variety of topics to explore the science of the waters that surround us.

HPL is partnering with the High Spot restaurant in Cambridge to create a relaxed and inviting atmosphere.  Come early and come hungry and thirsty.  Tuesdays from 4:00 to 6:00 pm the High Spot’s gastro pub grub is ½ price and drinks are $2.00 off!

Summer Talks and faculty members include:

June 20

Mike Sieracki

Horn Point Lab 50th anniversary: Past, present and future of science in Dorchester County

June 27

Ming Li

Impact of climate change on coastal flooding in the Dorchester Country:

Sea level rise and warming oceans increase the risk of coastal flooding in low-lying areas on Maryland’s Eastern Shore.

7-11

Cindy Palinkas

Living shorelines: using the power of nature to protect our coasts

7-18

Stephanie Alexander

A Virtual Tour of the UMCES Horn Point Oyster Hatchery

  • Learn how the UMCES Horn Point Oyster Hatchery produces oyster larvae, seed and spat on shell for restoration, private aquaculture, and public fishery activities in the Chesapeake Bay region.

7-25

Jamie Pierson

From Plankton to Plastics: the Chesapeake under a microscope

-Meet the tiniest creatures in our local waterways, and learn how they are connected to our everyday lives.

Jamie Pierson, HPL Associate Professor, sharing insights on findings in the Choptank river, from plankton to plastics

8-1

Greg Silsbe

Environmental Remote Sensing: How scientists use satellites to monitor the Earth.

  • This talk explores the theory, opportunities and challenges of monitoring environmental change from earth-observing satellites.

Come hungry to learn about science of local and national interest and to get your fill of the High Spot’s good eats and cool drinks!  High Spot is located at 305 High Street, Cambridge.

Talks are Free!  Registration is encouraged as the space for each talk is limited to 30 people.

To Register: https://www.usmf.org/horn-point-laboratory-summer-talks/

Questions, please contact Carin Starr at cstarr@umces.edu or 410-221-8408.

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: Eco Notes Tagged With: Ecosystem, local news

Bay Health Showing Improvements but Environmental Justice Index shows Disparities

June 6, 2023 by Spy Desk Leave a Comment

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The overall health of the Chesapeake Bay is showing significantly improving trends over time, but some regions still score poorly, reported the University of Maryland Center for Environmental Science (UMCES) in its annual Chesapeake Bay and Watershed Report Card released today. Similar to 2021, the overall Chesapeake Bay received a C grade.

“While the trajectory of improvements, particularly concerning nutrients in the Bay, is in the right direction, we need to pick up the pace of restoration so that we can hit our nutrient reduction targets in the future and ensure our resilience to climate change,” said Peter Goodwin, president of the University of Maryland Center for Environmental Science.

The overall Bay health score has increased by six points in the past two years, an encouraging sign in the recovery of the Bay. Of the seven indicators, there were improvements in water clarity, nitrogen, phosphorus, and aquatic grasses. Although conditions in the bay overall are improving, many bay tributaries still have poor scores with a concerning trend of poor scores in the Eastern Shore watersheds.

“A clean Bay supports a healthy economy and a healthy environment. That’s why we’ve fought so hard to protect and restore this national treasure, and this progress shows that the historic federal investments are making a real difference. While this is a positive step forward, we know that we still have much work ahead to ensure a healthy Bay for today and generations to come,” said U.S. Senator Chris Van Hollen of Maryland.

Watershed health was scored in three categories—Ecological, Societal, and Economic health. In 2022, Ecological scored a B-, Societal scored a C, and Economic scored a C. Overall, the ecological, social, and economic conditions on the Eastern Shore of Maryland and Virginia are worse than other regions across all three categories. This helps explain the poor Bay scores for the Eastern Shore tributaries.

This year is the first time an integrated environmental justice index has been included in the report card. Environmental Justice is about creating a healthy and equitable society in the Chesapeake Bay watershed. The Environmental Justice Index developed by the Centers for Disease Control and Prevention and Agency for Toxic Substances Disease Registry, in partnership with the Department of Health and Human Services’ Office of Environmental Justice, includes social vulnerability, environmental burden, and health vulnerability indicators. Overall, there are strong disparities in different areas of the watershed. Cities and rural areas tend to experience higher relative impacts, and more suburban areas tend to experience lower relative impacts.

“The addition of the Environmental Justice Index provides a more holistic perspective of Chesapeake Bay and watershed health than has previously been available,” said Bill Dennison, Vice President for Science Application at the University of Maryland Center for Environmental Science. “This holistic approach will make sure the report card is relevant to all communities in the Chesapeake watershed. We need to have healthy communities to ensure that we achieve a healthy Chesapeake Bay. Addressing environmental justice is critical

to ensure that restoration enhances long-term sustainability of the Chesapeake Bay watershed in an equitable way.”

The Environmental Justice Index characterizes the cumulative impacts and patterns of environmental injustice across the watershed. The index considers social factors such as poverty, race, ethnicity, and pre-existing health conditions, which can increase these impacts. The Environmental Justice Index was not included in the calculations for the 2022 Watershed Health score, pending additional input from bay communities.

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Filed Under: Eco Lead, Eco Portal Lead

Maryland Restarts Water Quality Permitting Process for Conowingo Dam

June 3, 2023 by Maryland Matters 1 Comment

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Maryland environmental officials are restarting a controversial permitting process that would eventually enable Constellation Energy to continue operating the Conowingo Dam for another half century.

The future of the dam along the Susquehanna River, considered a significant source of Chesapeake Bay pollution, has been the object of regulatory wrangling and litigation for several years.

In December, a federal appeals court vacated a decision by the Federal Energy Regulatory Commission (FERC) to grant Constellation a license to keep generating hydroelectric power at the dam.

The judges in the U.S. Court of Appeals for the D.C. Circuit ruled that FERC had violated the federal Clean Water Act in giving the permit, after the state of Maryland and Constellation scrapped a water quality certification process they had originally agreed to. That agreement between the state and Constellation prompted a coalition of environmental groups, led by Waterkeepers Chesapeake and the Lower Susquehanna Riverkeeper, to sue; the court agreed with them that FERC “had no authority to issue a lease based on a private settlement arrangement” between the state and the national energy giant.

The court ordered that FERC merely grant Constellation an annual license for Conowingo Dam until the legal and procedural issues can be resolved.

On Thursday evening, officials at the Maryland Department of the Environment notified Constellation and the environmental groups that launched the lawsuits that the agency would renew the process for awarding Constellation a water quality permit. That permit, which was originally issued in 2018, is necessary for FERC to grant the 50-year license to Constellation to continue generating hydropower at the dam.

In a letter from MDE Assistant Secretary Roberta James to attorneys representing the parties in the lawsuit, the state said it was giving Constellation and the environmental groups 60 days to respond, offering them “the opportunity to supplement that information [from the 2018 review process] by providing any new, updated, and relevant information which the parties would like the Department to review.”

Separately, Maryland Matters has learned that MDE is also opening a 30-day comment period for members of the public to express their views about water quality issues at the dam in writing. The agency would then begin to assemble the feedback from the public and the parties in the lawsuit in August and would issue a renewed permit, with potentially different standards and guidelines from the original permit, at an undetermined date.

“Ensuring a revitalized Chesapeake Bay for the benefit of all Marylanders is a top priority,” Maryland Environment Secretary Serena McIlwain said in a statement. “As we move ahead with the reconsideration of the 2018 Water Quality Certification we will be transparent, we will welcome input and we will work collegially with all parties for a healthier and more vibrant Bay.”

Conowingo Dam is a major regional energy installation, but it also plays an important role in the health of the Chesapeake Bay. It is designed in part to catch much of the sediment and nutrient pollution that comes from upriver in Pennsylvania, which, according to federal and regional environmental regulators, is the source of much of the agricultural pollution that in the bay.

However, powerful storms can tax the dam’s capacity, pouring millions of pounds of pollution into the Susquehanna and the Chesapeake — potentially jeopardizing Maryland’s attempts to meet the federal government’s pollution reduction goals for the bay.

Two months ago, all 10 members of Maryland’s congressional delegation wrote to McIlwain, urging her to ensure that environmental protection measures for the Susquehanna River and Chesapeake Bay watershed are central to any new licensing agreement that FERC would consider for the dam.

“As you know, the Chesapeake Bay is both a national treasure and an economic engine for our region, and for decades the federal government and watershed states have worked together to clean up this vital resource,” the lawmakers wrote.

By Josh Kurtz

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Filed Under: Eco Lead, Eco Portal Lead

ShoreRivers Safe to Swim Weekend Report

June 2, 2023 by Spy Desk Leave a Comment

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Along with summer swimming comes ShoreRivers Bacteria Monitoring season has officially started. It is advised that people not to swim 24-48 hours after a major rain.

 

 

 

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Filed Under: Eco Notes

Maryland Swim for Life Returns June 3

May 31, 2023 by Spy Desk Leave a Comment

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Previously held each September, this year’s Maryland Swim for Life on the Chester River has been scheduled for Saturday, June 3.

Hosted by the District of Columbia Aquatics Club and sanctioned by U.S. Masters Swimming, the Maryland Swim for Life is an open water event and community fundraiser held annually at Rolph’s Wharf on the Chester River in Chestertown. Check-in will begin at 7am, followed by safety briefings and swim starts at 8:15 and 9am. A picnic celebration and awards ceremony will be held at noon. Register at shorerivers.org/events for 2.5K, 5K, and 7.5K swims, plus 1.2-mile and 2.4-mile Triathlon challenge swims. DC Aquatics appreciates its sponsors TYR, DC Department of Parks and Recreation, and Columbia Property Management.

Proceeds from Maryland Swim for Life support four local nonprofits whose mission statements include environmental, medical, health, wellness, and fitness advocacy. ShoreRivers is honored to be a beneficiary again this year. The Chester Riverkeeper is pleased to provide on-the-water safety support as well as water quality and bacteria testing results.ShoreRivers’ swim caps are available for $10, which provide direct support to the Swimmable ShoreRivers’ bacteria monitoring program.

Visit ShoreRivers.org/events for information and to register. Volunteer kayakers to serve as safety support are also needed for the event, please email cocaptain@swimdcac.org if you’re interested and available.

ShoreRivers protects and restores Eastern Shore waterways through science-based advocacy, restoration, and education

shorerivers.org

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Filed Under: Eco Notes Tagged With: Ecosystem, local news, Shore Rivers

Consumer Guide Criticized for Saying ‘Avoid’ Chesapeake Oysters

May 27, 2023 by Bay Journal Leave a Comment

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The Chesapeake Bay’s oyster population is still a long way from what it once was, but lately it’s shown signs of a rebound. Maryland and Virginia watermen harvested more of the bivalves in the most recent season than they had in more than three decades.

So why is Seafood Watch, a widely consulted guide to sustainable seafood, recommending that people avoid eating wild-caught oysters from the Bay?

The Monterey Bay Aquarium, which produces Seafood Watch, isn’t saying. A spokesperson for the California aquarium declined a request for an interview to answer questions about its draft report, which includes a recommendation to shun oysters from Maryland or Virginia.

“At this time, we are not able to comment on the draft assessment as the report may change based on feedback we receive in the public comment period,” the spokesperson said by email.

The aquarium was taking feedback through May 22. Since making its draft report public in April, it has received an earful from watermen, fishery managers, scientists and even other conservationists. Critics contend it erroneously portrays the Bay’s oyster population as overfished and poorly managed, a characterization they say even in draft form is hurting the region’s seafood industry.

“They have no idea what they’re doing,” said Robert T. Brown Sr., president of the Maryland Watermen’s Association, “… and they’re interfering with people’s livelihoods.”

Since 1999, the Monterey Bay Aquarium’s Seafood Watch program every few years has been offering what it says are science-based recommendations on which fish and seafood across the United States are sustainable “best choices” or “good alternatives” — and which should be avoided because of the risk of that species’ depletion or of harm to the marine ecosystem. It distributes about 2.5 million printable online guides every year aimed at influencing the purchasing decisions of nonprofit organizations, businesses and consumers.

Based on its last assessment in 2018, Seafood Watch currently rates oysters from Maryland and Virginia a good choice, despite some concerns, for those who care about sustainable seafood.

The new draft assessment downgrades those recommendations, citing “high concern” for the abundance of oysters in both states and deeming their public fisheries management ineffective. It even finds fault with the methodology Maryland has used in assessing the abundance of its wild oyster stock and whether it’s being overharvested.

Officials with the Maryland Department of Natural Resources say no one from the aquarium contacted them in developing the new assessment, and they were stunned to learn of the “avoid” recommendation.

“There’s missing information, there’s outdated information. They have misinterpreted information, and they have failed to live up to their own standards of using the best science and collaborating,” said Kristen Fidler, assistant DNR secretary for aquatic resources.

Agency officials defended the state’s oyster management, which they say is based on a science-driven stock assessment that has been reviewed favorably by a panel of outside scientists.

Mike Wilberg, a fisheries scientist with the University of Maryland Center for Environmental Science who led the development of DNR’s stock assessment, said he thought the Seafood Watch drafters applied an overly broad and uneven brush when rating the sustainability of oyster stocks along the East Coast. He said they failed to appreciate the complexities of the Bay’s oyster population and how it varies from one place to another.

“Some of the things we were criticized for [by Seafood Watch] are things we were praised for in the expert review of our stock assessment,” he noted.

“I applaud their efforts to get consumers to make conscious decisions [about sustainability],” Wilberg added. “Unfortunately, with all this stuff, the devil is in the details.”

Roger Mann and Mark Luckenbach, a pair of veteran oyster biologists with the Virginia Institute of Marine Science, likewise contend that the Seafood Watch ratings of their state’s fishery are “based on old data and are entirely inappropriate.” The data cited by the report’s drafters in deeming oyster abundance “a high concern” was more than a decade old, they pointed out.

JC Hudgins, president of the Virginia Waterman’s Association, said that the Virginia Marine Resources Commission and members of the seafood industry “do a lot to keep the Eastern oyster a sustainable species,” even as the state’s harvest from public fishery areas in the 2022–23 season topped 300,000 bushels for the first time in 35 years.

Since 2018, when Seafood Watch rated Virginia oysters a good choice, the fishery has steadily improved every year, Hudgins said. Last year, he noted, reef surveys found oyster densities at levels not seen since before diseases struck in the late 1980s and triggered a catastrophic decline in population and habitat.

Brown, head of the Maryland watermen’s group, said he believed the Maryland oyster recommendation was also based on outdated information. In the six-month 2022–23 season that ended March 30, watermen harvested more than 600,000 bushels, the most since 1986–87.

In the recently ended season, Brown said, “a lot of people were still catching their limits [early] at the end of the season. That’s telling you we had plenty of oysters there.” He also noted that since the first stock assessment in 2019 that found widespread overharvesting, the state has reduced daily catch limits. “We’ve got a good management plan,” he said.

Even conservationists, who have at times voiced their own criticisms of oyster management in the Bay, have qualms about the draft Seafood Watch recommendation.

Allison Colden, the Chesapeake Bay Foundation’s Maryland director and a fisheries biologist, said she thinks the aquarium may be jumping the gun because a fresh update of the state’s oyster population is due to be completed and released within a matter of weeks. She noted that conditions for oyster reproduction and survival have been on the upswing lately, with very low mortality rates from the once-devastating diseases MSX and Dermo.

Even so, Colden said, the Seafood Watch assessment “does highlight some of the lingering concerns CBF has had and still has with the fishery.” Though only a few areas are still experiencing overfishing, one of those is Tangier Sound, where the majority of Maryland oysters are harvested.

And while oyster reproduction has been good to excellent the last few years, Colden said, caution is warranted because the fishery has undergone boom and bust cycles in the past.

Colden said she was in wholehearted agreement with another Seafood Watch recommendation — a blanket endorsement of farmed oysters as a “best” choice for consumers concerned about the sustainability of the reef-building bivalves.

“We have long recommended that consumers choose farmed oysters from the Chesapeake Bay,” she said, “because that eliminates any possibility of concerns about sustainability or about oyster recovery.”

But even there, Maryland officials say, the Seafood Watch guides don’t make it clear enough that their “avoid” recommendation doesn’t apply to the state’s farmed oysters.

“We have a successful and growing oyster industry, both wild and aquaculture,” Fidler said. The “avoid” recommendation “could be incredibly damaging to the industry and really a major and unnecessary setback, especially with all the progress we’ve made.”

by Tim Wheeler

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Filed Under: Eco Portal Lead, News Homepage, News Portal Highlights

Supreme Court Rules against EPA on Wetlands Protections

May 26, 2023 by Maryland Matters 3 Comments

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The U.S. Supreme Court in a major environmental decision on  Thursday overturned the Environmental Protection Agency’s definition of wetlands that fall under the agency’s jurisdiction, siding with an Idaho couple who’d said they should not be required to obtain federal permits to build on their property that lacked any navigable water.

All nine justices agreed to overturn the 9th Circuit Court of Appeals’ ruling that endorsed the Biden administration’s broad definition of waters of the United States, or WOTUS, the term for what falls under federal enforcement of the Clean Water Act.

But they published four separate opinions that showed a 5-4 split in how far they would allow federal jurisdiction to extend, with the conservative majority ruling to significantly narrow federal agency power.

“It is a substantial change to the way wetlands have been regulated under the Clean Water Act” since the law’s 1972 enactment, said Ashley Peck, an environmental litigator and water quality adviser at Holland and Hart LLP. “It looks like it will eliminate jurisdiction for a huge amount of wetlands, particularly in the arid West.”

Conservative Justice Brett M. Kavanaugh and the court’s three liberals concurred with the ruling in favor of Idaho landowners Michael and Chantell Sackett, but objected to the majority’s narrow new standard, which they said introduced more uncertainty and would hurt water quality.

The Sacketts had sought to build on a piece of their property separated by a 30-foot road from a tributary to Priest Lake in the Idaho panhandle. Lower courts held they needed federal environmental approvals because of their land’s connection to Priest Lake.

The Supreme Court heard oral arguments in their appeal in October.

‘Continuous surface connection’ test

Writing for the court’s majority, Justice Samuel Alito said the Clean Water Act applies only to wetlands with a “continuous surface connection” to the navigable waters like streams, lakes, oceans and rivers that are indisputably covered by the law.

The Biden administration’s definition — that said an area with an ecologically “significant nexus” to a navigable waterway was subject to Clean Water Act enforcement — would put nearly all waters and wetlands in the country under federal jurisdiction, with little room for state enforcement, Alito wrote.

Wetlands must be virtually indistinguishable from the navigable waters for federal jurisdiction to apply, he wrote.

That standard would limit the EPA and Army Corps of Engineers’ authority to regulate wetlands, even in areas where no one had disputed federal power.

Alito, who was appointed to the court by President George W. Bush, praised the Clean Water Act for effectively curtailing water pollution. But he said the law “is a potent weapon” with severe penalties, and its power should be checked.

The text of the law uses both the terms “navigable waters,” which has a well-known definition, and “waters of the United States,” which does not, Alito wrote.

The EPA, Army Corps of Engineers and various courts have held that waters of the United States can include tributaries to navigable waters and even dry land with an ecological connection to those tributaries.

The inclusion in the statute of “navigable waters” means Congress was focused on the permanent lakes, rivers, streams and oceans that are generally included in that definition, even if some wetlands can also be regulated under the law, Alito wrote.

“Although we have acknowledged that the CWA extends to more than traditional navigable waters, we have refused to read ‘navigable’ out of the statute,” Alito said.

Some adjacent wetlands can still be considered waters of the United States, Alito said. But for the federal law to apply to a wetland, it “must be indistinguishably part of a” covered water, he wrote.

The ruling represents a sweeping shift in wetlands regulation, even for a conservative court with a recent history of restricting federal regulations.

“This was a broader brush than I expected,” Peck said. “This is always a possibility with this court, for certain, but I wasn’t necessarily expecting to have the whole regulatory regime upended.”

In a statement, President Joe Biden called the decision “disappointing.”

“Today’s decision upends the legal framework that has protected America’s waters for decades,” he said. “It also defies the science that confirms the critical role of wetlands in safeguarding our nation’s streams, rivers, and lakes from chemicals and pollutants that harm the health and wellbeing of children, families, and communities.”

The Chesapeake Bay Foundation said Thursday that the decision means thousands of isolated wetlands unique to the Bay watershed, which may only flow during certain seasons or after it snows or rains, lose protection from being dredged and filled without a permit.

According to the Bay Foundation, some states in the Bay watershed — Maryland, Pennsylvania, and Virginia — have state regulations that could offer some coverage for wetlands that the EPA can no longer regulate. But loopholes, waivers, and limited enforcement by state officials could leave wetlands at risk. The danger is greater in Delaware and West Virginia, which mirrored federal law in lieu of establishing their own state protections, according to the organization.

Chesapeake Bay Foundation Vice President of Litigation Jon Mueller issued a statement about the decision:

“This dangerous decision risks damaging decades-long efforts by multiple states, federal agencies, and local jurisdictions to restore the Bay and its waterways. States without strong wetlands protections could now abandon their Chesapeake Clean Water Blueprint responsibility to reduce nitrogen, phosphorus, and sediment pollution in those areas because they are no longer covered by the Clean Water Act,” he said. “…Far from clarifying which waters are protected by the Clean Water Act, this ruling only sets us up for continued litigation and uncertainty while limiting our ability to protect and preserve the natural wonder we all treasure. The Bay, its tributaries, and the 18 million people living in its watershed deserve better.”

Kavanaugh and liberals band together

Kavanaugh, with the court’s three liberals joining, wrote that a continuous surface connection to navigable waters was not strictly necessary for wetlands to fall under federal jurisdiction. Waters can be adjacent without that connection, they said.

Kavanaugh, in a notable departure from the usual alliance on the court, said the majority rewrote the law and introduced new questions about wetlands that have long been subject to federal jurisdiction.

“The Court’s new and overly narrow test may leave long-regulated and long-accepted-to-be-regulable wetlands suddenly beyond the scope of the agencies’ regulatory authority, with negative consequences for waters of the United States,” he wrote.

Kagan blasts judicial policymaking

Justice Elena Kagan wrote a separate concurring opinion with fellow liberal Justices Sonia Sotomayor and Ketanji Brown Jackson that criticized the court for policymaking.

Drawing parallels with her dissent in a decision last year that restricted the EPA’s power to regulate carbon emissions at existing power plants, Kagan wrote that the court’s conservatives simply substituted their policy preferences for what Congress actually enacted.

The majority in this case invented a standard that laws that impact private property must have “exceedingly clear language,” Kagan wrote, putting “a thumb on the scale for property owners,” and disregarding the public interest in clean water.

“A court may not rewrite Congress’s plain instructions because they go further than preferred,” she said. “That is what the majority does today in finding that the Clean Water Act excludes many wetlands (clearly) ‘adjacent’ to covered waters.”

Lengthy legal fight

The case is part of a decades-long legal conflict to define the reach of the Clean Water Act.

Alito’s majority opinion referenced the years of shifting definitions and the uncertainty provided in various court cases and agency regulations, calling it “the persistent problem that we must address.”

In general, agricultural interests, home builders and Republican officials have argued that the federal regulations impose an undue burden and should be applied narrowly.

“The Supreme Court just ruled that Biden’s overreaching WOTUS interpretation is unconstitutional,” Missouri Attorney General Andrew Bailey, a Republican, said on Twitter. “This is a huge win for farmers across America.”

Environmental groups and Democrats have argued for a broader definition that they say allows the federal government to offer important protections.

“Federal protections that don’t depend on local politics or regional polluter influence are essential to vulnerable and disadvantaged communities nationwide,” Jim Murphy, the director of legal advocacy for the National Wildlife Federation, said in a statement “The court’s ruling removes these vital protections from important streams and wetlands in every state.”

Murphy called on Congress and state governments to adopt stronger standards.

The ruling doesn’t necessarily limit the issue’s long-running uncertainty, Peck said. While it settles federal jurisdiction for now, states, especially in the West, may decide to strengthen their own clean water laws and regulations, she said.

Reaction from Congress

Several Republicans in Congress responded to the ruling with enthusiasm.

“The Supreme Court’s decision is clearly a decisive win for America’s farmers, small businesses, property owners, and those who help build our infrastructure,” U.S. House Transportation and Infrastructure Chairman Sam Graves of Missouri and Water Resources and Environment Subcommittee Chairman David Rouzer of North Carolina said in a joint statement.

“This is great news for rural America!” Minnesota Republican Pete Stauber, the chairman of the U.S. House Natural Resources Subcommittee on Energy and Mineral Resources, tweeted.

“I’m glad to see the Supreme Court rightfully and unanimously blocked Biden’s ill-conceived #WOTUS rule,” U.S. Sen. Joni Ernst of Iowa wrote on Twitter. “This is a big WIN for Iowa, where nearly every industry is impacted.”

“Kansans are best positioned to conserve our land and natural resources,” Kansas Republican U.S. Rep. Ron Estes said. “And they don’t need Biden’s bureaucrats 1000 miles away to regulate the rainwater that accumulates in ditches in rural parts of our state.”

Fewer Democrats publicly commented on the ruling, but Senate Environment and Public Works Chairman Tom Carper of Delaware said the decision undermines the EPA’s ability to effectively regulate water pollution and puts “America’s remaining wetlands in jeopardy.”

“I strongly disagree with the Court’s decision, and I am deeply concerned about the future impacts of this case on clean drinking water, coastal and flood-prone communities, and wildlife across our nation,” Carper said.

By Jacob Fischler. Danielle E. Gaines contributed to this report. 

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: Eco Lead, Eco Portal Lead

Something of the Marvelous Challenge Features Tour of Harleigh’s Magnificent Woodland Gardens

May 26, 2023 by Spy Desk Leave a Comment

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Pickering Creek Audubon Center’s Something of the Marvelous spring fundraiser for 2023 is a dollar for dollar matching challenge with every dollar being matched up to $50,000.

These funds support Pickering Creek’s science and nature education programs in Talbot, Caroline, Dorchester and Wicomico counties for students from at least one grade level in each school system, ensuring that every student in the grade level, regardless of background, has great outdoor learning experiences with Pickering’s talented staff of educators and scientists.

In addition to supporting school programming, these matching gifts help connect adults and families with the habitats and wildlife that also call the midshore home, and support summer EcoCamp scholarships.  And finally, generous gifts provided by the community to this matching challenge ensure that Pickering is open to the public for free everyday to enjoy the center’s beautiful trails!

Two marvelous donors have stepped forward to collectively offer this year’s dollar for dollar match.  Both are long-term supporters of the Center’s work to connect people to nature.  Supporters who contribute over $100 between May 15 and June 9 will be eligible to enjoy an evening stroll through the gardens of Harleigh, Chip and Sally Akridge’s beautiful estate off of the Oxford Rd.

After dropping off their car, guests will walk down the main lane to take in views of the impressive home that center’s Harleigh’s manicured grounds. Strolling through a formal rose garden, followed by a classic fernery/stumpery, the walk then winds through quiet wonderful woodlands along the banks of Trippe Creek.

Guests will be able to enjoy these paths by early evening light or in the day’s waning light at sunset amongst a beautiful arrangement of lit passageways and lumieres.  Guests then proceed through the English-inspired open-arched pavilion, finding their way to the Harleigh House waterside portico to sip a Martha Washington lemonade, and to ponder the gloaming.

The final place to explore on this exceptional journey is the Akridge’s Monticello-style vegetable and cutting garden.  Staff will be available along the stroll to answer question botanical and otherwise.

The home’s stunning gardens and grounds will be open on June 10 to approximately 200 supporters of Pickering Creek Audubon Center’s award-winning education programs participating in the Something of the Marvelous Challenge.

Timed entrances scheduled throughout the evening on June 10th will include complimentary beverages, time to explore, and a special thank you gift.

Unlike Pickering Creek’s pre-Covid era Tour Toast and Taste, Something of the Marvelous has no tent, no auction, and no dinners for sale.  It is all outdoors- just soaking in the marvelous blooms and scenery of the amazing Harleigh!

Pickering Creek’s fundraising goal for the 2023 Something of the Marvelous Challenge is to raise $100,000 for Pickering’s education programs. Please join us as we celebrate our achievements and prepare for the future.

School groups, families, wildlife enthusiasts and photographers from far and wide visit Pickering Creek Audubon Center throughout the year to participate in hands-on outdoor learning, volunteer experiences and immersing themselves in the natural beauty of the Eastern Shore.

For more information, please visit www.pickeringcreek.org

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: Eco Notes Tagged With: Ecosystem, local news

Blackwater NWR to Hold Annual Youth Fishing Fun Day on June 3

May 21, 2023 by Spy Desk Leave a Comment

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In partnership with the Friends of Blackwater and the Harriet Tubman Underground Railroad State Park, Blackwater National Wildlife Refuge will hold their annual Youth Fishing Fun Day on Saturday, June 3, 2023, from 9:00 am to 1:00 pm.  This family-friendly event will be held at “Hog Range” Pond behind the Harriet Tubman Underground Railroad Visitor Center, located off Route 335.  Young people 15 years old and under can pre-register for the event by calling 410-228-2677 or register at the event on June 3.  Fishing will begin at 9:00 am and end around 1:00 pm.

The first 100 registered youth to check in at the event will receive a t-shirt and special gift. Each registered youth will also receive a free lunch ticket for a hot dog, drink, and chips. Bait (nightcrawlers) will be provided for anglers, or they may bring their own bait or lures. A limited number of sanitized “loaner” fishing rods will be available, but anglers are encouraged to bring their own if they have one. As always, staff and volunteers are on hand to provide assistance to any of the young anglers who might need help.

Parents should note that this is a non-competitive, catch-and-release event, meant to introduce children to the fun of fishing. Any snakeheads that are caught may be kept, but they must be deceased before they leave the premises. Participants should also note that no pets are allowed at this event. If you have any questions, please email us at fw5rw_BWNWR@fws.gov.

Directions to Hog Range Pond:  From Route 50 in Cambridge, turn onto Route 16 West.  Travel approximately 7 miles to Church Creek.  Turn left onto Route 335.  Travel approximately 5 miles.  Once you pass Key Wallace Drive on your left, turn right at the entrance to the Harriet Tubman Visitor Center.  Park in the secondary parking lot next to the pavilion behind the Tubman Visitor Center.  For further information and pre-registration, call 410-228-2677.

Blackwater National Wildlife Refuge, located on the Eastern Shore of Maryland, protects over 32,000 acres of rich tidal marsh, mixed hardwood and pine forest, managed freshwater wetlands and cropland for a diversity of wildlife.  To learn more, visit our website at www.fws.gov/refuge/blackwater or @BlackwaterNWR.

The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect and enhance fish, wildlife, plants and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service. For more information on our work and the people who make it happen, visit www.fws.gov. 

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: Eco Notes Tagged With: Blackwater National Wildlife Refuge, Ecosystem, local news

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