Water Protection Network Update

Your source for working together to make water policies and projects environmentally and economically sound.

Complete the 2020 Member Survey to Help Shape the WPN's Future!
Corps' Proposed Nationwide Permits Rollback Water Protections
National Environmental Policy Act Update
Other Selected News & Resources
Recent Public Notices

Our thoughts go out to everyone affected by ongoing catastrophic wildfires in the west and hurricanes in the south. We hope that you are all safe and healthy and encourage you to share with us at rubini@nwf.org if you have a story or update to share, or an action that the network can take to support your organization.

Complete the 2020 Member Survey to Help Shape the WPN's Future!

To help us shape the Water Protection Network's future, we are asking for someone from each of our member organizations to complete this survey. Your feedback about your organization's engagement with the network and what you would like to see in the coming years will be very valuable.

Please take 10 to 15 minutes today to complete the survey at http://bit.ly/wpnsurvey.

Thank you for your time and input!

Corps' Proposed Nationwide Permits Rollback Water Protections

On September 15, the Corps of Engineers published its Proposal To Reissue and Modify Nationwide Permits to revise and replace 2017 Nationwide Permits (NWPs), two years before the permits must be reissued under the Clean Water Act. NWPs are general permits that are to be issued only for activities that "have no more than minimal individual and cumulative adverse environmental impacts." The proposed new NWPs would significantly roll back important protections, including by removing restrictions on the extent of impacts allowed and by allowing more activities to move forward under nationwide permits. This would mean that more activities would move forward without going through an assessment of impacts.

Among other changes, the proposal would remove the existing 300-linear-foot limit for impacts to streams from covered mining, commercial and institutional development, agriculture, and several other types of activities. This change would be especially harmful for smaller streams. The proposal's changes also include: (1) changes to existing NWPs for maintenance activities, utility line and oil or natural gas pipeline activities, hydropower, surface coal mining, commercial shellfish activities; (2) creation of new NWPs for seaweed and finfish mariculture, electric utility line and telecommunications activities, water reclamation and reuse facilities; and (3) changes to conditions that apply to all NWPs (General Conditions) regarding temporary structures and fills, tribal rights, endangered species, migratory birds and bald and golden eagles, mitigation, water quality, and coastal zone management.

We strongly encourage WPN Members to submit comments on the proposal before the November 16th public comment deadline. Please stay tuned for more developments, including a likely WPN sign-on letter highlighting key issues of concern.

Learn more:

Read the full proposal in the Federal Register here.
A summary of the proposal can be found on page 57310 of the PDF version here.
The National Law Review: Army Corps Proposes to Reissue Nationwide Permits Two Years Ahead of Schedule

How to comment on the proposal:

Submit a comment by the November 16, 2020 public comment deadline.
Include the docket number COE-2020-0002 in the subject of your comment.
Submit your comment through any of the following methods:
- Online here at regulations.gov or here at the top of the Federal Register notice page
- By email to nationwidepermits2020@usace.army.mil
- By mail to U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street NW, Washington, DC 20314-1000

National Environmental Policy Act Update

On September 14, the Trump administration's new National Environmental Policy Act (NEPA) rule - which drastically undermines critical environmental and public health protections provided by NEPA - went into effect. These changes eviscerate the public’s right to be heard and jettison the requirement for science-based decision-making. We understand that at least some agencies may be opting not to implement the new NEPA regulations from the Council on Environmental Quality (CEQ) until they update their individual agency's NEPA regulations. Meanwhile, several lawsuits against the rule are ongoing, including those brought by 27 state and municipal plaintiffs and by three nationwide coalitions including WPN members Alabama Rivers Alliance, Center for Biological Diversity, Defenders of Wildlife, Earthjustice, Environmental Defense Fund, National Audubon Society, National Wildlife Federation, North Carolina Wildlife Federation, NRDC, Ocean Conservancy, Sierra Club, South Carolina Wildlife Federation.

Also on September 14, CEQ issued updated guidance to federal agencies on environmental review of proposed emergency response actions under NEPA. NEPA already provides for alternative arrangements for compliance when circumstances require immediate action to secure the lives and safety of people, and most agencies have regulations that explicitly outline the NEPA procedures to be used when responding to emergencies.

Learn more:

E&E News Climatewire: Regulations: Trump NEPA rules begin after court denies freeze
House Natural Resources Committee: Chair Grijalva Leads 61 House Democrats Calling for Trump Admin Suspension of Regulatory Rollbacks That Threaten Health and Environmental Safety
Council on Environmental Quality: Federal Register Notice of Final Rule, updated guidance on emergency response actions, and more information.
Litigation:
- Earthjustice and Western Environmental Law Center: Nationwide coalition sues to defend the people's environmental law.
- NRDC: Groups Sue Trump Administration Over Harmful NEPA Rules
- Southern Environmental Law Center: Lawsuit: Government illegally ‘cut corners’ to ram through NEPA changes.
The Wilderness Society: Environmental law supports social justice—recent attacks undermine it and How the National Environmental Policy Act gives the public a voice

Other Selected News & Resources

Waters of the United States: Click here to watch a recording of the Senate Committee on Environment and Public Works's September 16th hearing, “Stakeholder Reactions: The Navigable Waters Protection Rule under the Clean Water Act.”
WRDA: The House of Representatives and the Senate continue to conference the next Water Resources Development Act. Please see the last WPN Update for more information.
Equity and justice: Check out WPN member Mississippi River Network's robust Equity Resources Hub, which includes suggestions for books, webinars, consultants, local equity groups, articles, podcasts, and documentaries and more for your equity learning journey, as well as black-owned black-led businesses and organizations to support.
Wildfire impacts on water: From E&E News: Wildfires: After the blazes: Poisoned water and 'a flood on steroids'.
Severe repetitive flooding: Explore WPN member NRDC's newly published page on Losing Ground: Severe Repetitive Flooding in the United States, including a Flood Data Visualization Tool. FEMA's Office of Inspector General also just published this report: FEMA Is Not Effectively Administering a Program to Reduce or Eliminate Damage to Severe Repetitive Loss Properties, covered in this E&E News article.
Pebble Mine and more in Alaska: From The Hill: Trump pledges 'no politics' in Pebble Mine review. Meanwhile, from Scientific American: Alaska's Salmon Are Shrinking.
Water security and scarcity: Nature-based solutions and water security from K4D, and In a Cross-State [MS and TN] Aquifer Spat, a View of a Water-Stressed Future from Undark.
Webinars: 2020 Upper Mississippi River Webinar Series from RiverAction.

If you would like to share news, resources, or something else in future WPN Updates, please email rubini@nwf.org.

Recent Public Notices

This is a non-comprehensive list of Corps of Engineers public notices from the Federal Register and Corps district websites, and select notices from other federal agencies. Please visit FederalRegister.gov, Corps division and district websites, and other federal agencies' websites for additional public notices. Click here for examples of comments and letters submitted to the Corps by WPN members.