Water Feed

World’s Largest Marine Protected Area Established

Antarctic

Grayson By E. Lynn Grayson

The United States, in conjunction with 25 other countries, recently approved the creation of the world’s largest Marine Protected Area (MPA) in Antarctica’s Ross Sea. The Ross Sea Region MPA will safeguard one of the last unspoiled ocean wilderness areas on the planet—home to unparalleled marine biodiversity and thriving communities of penguins, seals, whales, seabirds, and fish.

The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)—which operates by the unanimous consent of its 25 members—reported its extraordinary progress in safeguarding a very unique environmental marine area. The designation will prohibit or strictly limit commercial fishing as well as mineral extraction, among other such activities. The Ross Sea MPA will become effective December 1, 2017.

The new MPA adds 1.55 million square kilometers (598,000 square miles) in new ocean protection in an area nearly twice the size of the state of Texas. This designation—on top of the nearly 4 million square kilometers of newly protected ocean announced around the world at the Our Ocean conference the State Department hosted in September—makes 2016 a landmark year for ocean stewardship

More information about this environmental marine achievement can be found at the CCAMLR website at https://www.ccamlr.org/.

Chicago: New Industrial Growth Zones Program

Grayson By E. Lynn Grayson Chicago seal

Mayor Rahm Emanuel and Cook County Board President Toni Preckwinkle recently launched an unprecedented effort to generate new industrial investment in Chicagoland neighborhoods. The Industrial Growth Zones program will accelerate neighborhood development in seven designated areas over the next three years by removing longstanding hurdles to development and providing a broad set of services to support property owners and industrial businesses. The purpose of the program to spur economic growth and generate real, sustainable jobs by promoting investment and industrial development in Chicago neighborhoods.

The program will address two primary issues traditionally viewed as obstacles to new landowners and developers: 1) vacant or unused lands with environmental conditions; and 2) often complex governmental regulatory oversight. As part of the program, participants will obtain access to a new site certification program making information about land available and transparent, allowing preparations for faster development. In addition, the program may provide up to $130,000 in financial assistance to fund environmental site assessments and remediation, if needed. Critical assistance also will be provided to lead projects through the City's permitting and regulatory requirements.

During the three-year pilot program, the designated zones include the Northwest, Greater Southwest, Burnside and Calumet Industrial Corridors, and the Roosevelt/Cicero Redevelopment Area in Chicago; and several South Suburban communities which contain significant assets, but face very real economic challenges The City of Chicago Department of Planning and Development and Cook County Bureau of Economic Development are collaborating with partners including the Civic Consulting Alliance, World Business Chicago and the Zeno Group on the initiative.

Working within the City of Chicago to develop or redevelop impacted property is always challenging. This new program is a positive development offering support to streamline and aid potential new landowners and developers.

EPA Issues New Climate Change Fact Sheets

Grayson By E. Lynn Grayson EPA logo

EPA recently issued fact sheets detailing climate change impacts for each state and U.S. territory. In doing so, EPA confirmed some very basic, general findings about climate change impacts overall:

  1. Every state will become warmer.
  2. The impacts of climate change are likely to be very different from state to state.
  3. Increased rainfall intensity will cause more flooding in some states, while increasingly severe droughts may threaten water supplies in other states.
  4. Farms and forests will be less productive in some states, but warmer temperatures may extend growing seasons in others.

The fact sheets are short two page documents focused on differing issues for each state including, for example, climate change impacts related to ecosystems; air pollution and human health; the Great Lakes; agriculture; the Illinois, Ohio, and Mississippi Rivers; coastal flooding; heavy precipitation/flooding; sea level rise; and winter recreation. The fact sheet for Illinois provides good insight into the kind of information detailed.

While the new information supplements the existing climate change data available online from EPA, the information in many of the fact sheets appears dated, very general in nature, and perhaps geared to the general public. Existing climate change data associated with impacts by region and by sector is more detailed and may be more useful overall. See https://www3.epa.gov/climatechange/impacts/.

The new fact sheets are available via EPA’s climate change web page at  https://www3.epa.gov/climatechange/impacts/state-impact-factsheets.html

Flint, MI Water Crisis: Lessons Learned

  By Anne S. Kenney 

IbaThe International Bar Association’s Water Law News was published this week and includes an article written by Lynn Grayson regarding the Flint, MI water crisis. Her article titled Flint, Michigan Water Crisis: Lessons Learned provides a detailed factual account of the circumstances, decisions and governmental actions that led to the discovery of elevated levels of lead in Flint’s drinking water.

The article addresses possible lessons learned from the Flint situation, including regulatory oversight failures, aging infrastructure and environmental justice considerations. In her opinion, a quote from Michigan Governor Snyder when he testified before the House Committee on Oversight and Government Reform best summarizes what happened in Flint: “. . . Let me blunt: this was a failure of government at all levels—local, state and federal officials—we all failed the families of Flint.”

Founded in 1947, the International Bar Association (IBA) is the world’s largest leading organizations of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world.

Great Lakes and St. Lawrence Cities Initiative Requests Hearing on City of Waukesha Lake Michigan Water Diversion

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By Allison Torrence


LogoOn August 19, 2016, the Great Lakes and St. Lawrence Cities Initiative (the GLSL Cities Initiative) requested a hearing before the Great Lakes-St. Lawrence River Basin Water Resources Council (the Compact Council) regarding the Compact Council’s June 21, 2016 decision to approve the City of Waukesha’s application for a diversion of Great Lakes Basin Water.

The Compact Council was established in 2008 pursuant to the Great Lakes-St. Lawrence River Basin Water Resources Compact (the Compact). The Compact details how the States will work together to manage and protect the Great Lakes-St. Lawrence River Basin. The Compact Council is comprised of the Governors of each of the eight Great Lakes States (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin).

The Compact prohibits diversions of Great Lakes water outside of the Great Lakes Basin, with limited exceptions. One exception allows a community that is not located within the Great Lakes Basin, but is located within a county that is partly within the Great Lakes Basin, such as the City of Waukesha, to apply for a diversion of Great Lakes water if that community can meet strict conditions. The City of Waukesha submitted an application for a diversion of Great Lakes water in 2011, and a revised application in 2013. The Wisconsin Department of Natural Resources approved Waukesha’s diversion application and sent the application to the Compact Council in January 2015. The Compact Council approved Waukesha’s Great Lakes diversion application, with conditions, on June 21, 2016.

The GLSL Cities Initiative is a binational coalition of over 120 U.S. and Canadian mayors and local officials, representing over 17 million people, working to advance the protection and restoration of the Great Lakes and St. Lawrence River. The GLSL Cities Initiative maintains that the Compact Council’s decision to approve Waukesha’s diversion of Lake Michigan water fails to protect the integrity of the Compact. The request for hearing states that:

Allowing a Diversion that is contrary to the strict requirements of the Compact threatens the resource that provides drinking water for 40 million people and is the foundation upon which a strong regional economy is based, to the detriment of the members of the GLSL Cities Initiative.

To date, the Compact Council has not responded to the request for hearing.

Jenner & Block is representing the GLSL Cities Initiative in this matter, and Jenner Partner Jill Hutchison and Associate Laura Bishop authored the GLSL Cities Initiative’s Request for Hearing.

 

An Idled Pipeline Must Be an Abandoned Pipeline—New PHMSA Advisory

SirosBy Steven M. Siros

PHMSA logoA recently issued PHMSA advisory bulletin seeks to clarify the regulatory requirements that apply to mothballed or idled unused gas or hazardous liquid pipelines. As required by the Pipeline Safety Bill that was signed into law on June 22, 2016, PHMSA recently issued an advisory bulletin providing  guidance to owners and operators of gas or hazardous liquid pipelines regarding the requirements for idle and/or unused pipelines. 

Although the bulletin recognizes that owners and operators often refer to pipelines that are not in operation but that might be used again in the future as “idled,” “inactive,” or “decommissioned,” the PHMSA regulations do not recognize “idle” or “inactive” status for hazardous liquid or gas pipelines. Instead, the regulations consider such pipelines to either be active and fully subject to all relevant parts of the safety regulations or abandoned. Assuming that these pipelines have not been abandoned in accordance with the requirements set forth at 49 CFR §§ 192.727 and 195.402, these pipelines must comply with all relevant safety requirements, including periodic maintenance, integrity management assessments, damage prevention programs, and public awareness programs. 

The bulletin goes on to suggest, however, that in situations where the pipeline has been purged of all hazardous materials but not yet abandoned because of an expectation that the pipeline may later be used, the owner/operator may be able to defer certain of these safety requirements. Although PHMSA indicated that it intends to engage in a future rulemaking to provide further guidance as to which requirements might be deferred, in the interim the bulletin suggests that owners or operators planning to defer certain activities coordinate the deferral in advance with the regulators. 

The guidance also reiterates that notwithstanding that companies might not have access to records relating to where historical pipelines might be located and/or if these pipelines were properly purged of combustibles, the owners and operators still have a responsibility to assure facilities for which they are responsible or last owned do not present a hazard to people, property, or the environment. 

Please click here to see PHMSA's advisory bulletin.

EPA Energy Star Portfolio Manager Updates For Commercial Buildings--New Webinars Announced

Energy Star logoGrayson By E. Lynn Grayson

EPA has announced a new waste and materials tracking feature in its Energy Start Portfolio Manager—a free benchmarking and tracking tool for commercial building owners and managers. The new waste tracking functionality allows the management of energy, water and waste via one secure online resource. This is another effort to promote and encourage sustainable materials management to conserve resources, remain economically competitive and support a healthy, sustainable environment.

EPA’s Energy Star Portfolio Manager provides a platform to improve energy performance, prioritize efficiency measures, and verify energy reductions in buildings. It currently measures energy, water and greenhouse gas metrics in more than 450,000 U.S. buildings, representing 40 percent of U.S. commercial space. The new resource unifies energy, water and waste under one virtual “roof” to streamline sustainability management programs allowing entities to better understand their environmental footprint and resource costs.

EPA is hosting two webinars to introduce the basics of the new waste tracking component in the Energy Start Portfolio Manager:

  1. Introducing Waste & Materials Tracking in Portfolio Manager—August 18 at 2:00 p.m. ET
  1. Introducing Waste & Materials Tracking in Portfolio Manager---September 15 at 1:00 p.m. ET

To learn more about sustainability initiatives in commercial buildings or to register for the upcoming webinars: https://www.energystar.gov/buildings/owners_and_managers/existing_buildings/use_portfolio_manager/track_waste_materials

California Proposes MCL for TCP

GraysonBy E. Lynn Grayson


Water testingThe State Water Resources Control Board has proposed a new maximum contaminant level (MCL) for 1,2,3-trichloropropane (TCP) of five parts per trillion (ppt).TCP is a manmade chemical found at industrial and hazardous waste sites. It has been used as a cleaning and degreasing solvent and also is associated with pesticide products.

California recognizes TCP as a carcinogen, and it has been found in numerous drinking water sources in the state. In August 2009, a public health goal (PHG) for TCP was developed by the Office of Environmental Health Hazard Assessment (OEHHA) for use by the State Water Board to establish an MCL. The PHG represents the level of TCP in drinking water that OEHHA believes does not pose a significant risk to health over a lifetime of exposure (70 years). The PHG for TCP is 0.0007 µg/L, or 0.7 ppt.

A drinking water standard, or MCL, establishes a limit on the allowable concentration of a contaminant in drinking water that is provided by a public water system. The State Water Resources Control Board is proposing 5 ppt as the MCL for TCP. Formal rulemaking is expected later this year, and if approved, the MCL would become effective July 1, 2017.

EPA published a technical fact sheet about TCP in 2014. More background information and guidance on the proposed MCL action for TCP also is available from the California State Water Resources Control Board.

TCP is yet another emerging chemical that has been the subject of ongoing federal and state regulatory review and discussion for several years. It also is a chemical being analyzed and assessed at the lower threshold level of ppt versus more traditional parts per billion (ppb). As is often the case, it appears that the State of California is initiating regulatory action addressing TCP concerns, and it is likely that other states will follow.

2016 Democratic Party Platform: Combat Climate Change, Build a Clean Energy Economy, and Secure Environmental Justice

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By Allison Torrence

 Last week, we examined the key environmental issues raised in the 2016 Republican platform. Now that the political focus has shifted from Cleveland to Philadelphia, where Democrats are holding their convention, we will examine what the Democratic Party has to say about its environmental priorities in the 2016 Democratic Party Platform. One of the Democratic Party platform’s 13 main sections is entitled “Combat Climate Change, Build a Clean Energy Economy, and Secure Environmental Justice.” Environmental issues are also raised in the section titled “Confront Global Threats”, which discusses “Global Climate Leadership.”

In the platform’s preamble, the Democrats state that:

Democrats believe that climate change poses a real and urgent threat to our economy, our national security, and our children’s health and futures, and that Americans deserve the jobs and security that come from becoming the clean energy superpower of the 21st century.

Other key positions from the Democratic environmental platform include: 

Continue reading "2016 Democratic Party Platform: Combat Climate Change, Build a Clean Energy Economy, and Secure Environmental Justice" »

2016 Republican Platform – A Focus on American Natural Resources

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By Allison Torrence

On Monday, Republicans gathered in Cleveland to kick off the Republican National Convention and adopt the official 2016 platform of the Republican Party. One of the platform’s six main sections is titled “American Natural Resources: Agriculture, Energy, and the Environment.” Republicans summarize their environmental platform by stating:

“We firmly believe environmental problems are best solved by giving incentives for human ingenuity and the development of new technologies, not through top-down, command-and-control regulations that stifle economic growth and cost thousands of jobs.”

Key positions from the Republican environmental platform include: 

Continue reading "2016 Republican Platform – A Focus on American Natural Resources" »