Environmental Law & Policy Center » Rivers and Lakes http://elpc.org Protecting the Midwest's Environment and Natural Heritage Fri, 03 Feb 2012 21:02:09 +0000 http://wordpress.org/?v=2.9.1 en hourly 1 Statement from Howard Learner: Separating the Chicago Area Waterway System is an Important Step to Protect the Great Lakes’ Ecology and Economy http://elpc.org/2012/01/31/statement-from-howard-learner-separating-the-chicago-area-waterway-system-is-an-important-step-to-protect-the-great-lakes%e2%80%99-ecology-and-economy http://elpc.org/2012/01/31/statement-from-howard-learner-separating-the-chicago-area-waterway-system-is-an-important-step-to-protect-the-great-lakes%e2%80%99-ecology-and-economy#comments Tue, 31 Jan 2012 14:59:25 +0000 Kcoleman http://elpc.org/2012/01/31/statement-from-howard-learner-separating-the-chicago-area-waterway-system-is-an-important-step-to-protect-the-great-lakes%e2%80%99-ecology-and-economy Today, the Great Lakes Commission and the Great Lakes and St. Lawrence Cities Initiative released its Chicago Area Waterways Study (CAWS), which offers recommended action steps to protect the Great Lakes from Asian carp and other invasive species. ELPC Executive Director Howard Learner released this statement about the study and its recommendations.

“Separating the Great Lakes from the Mississippi River Basin is a key step to protect both the ecological and economic value of the Great Lakes. More than 30 million people live in the Great Lakes Basin and rely on its abundance of freshwater, which is under increasing threat from Asian carp and other invasive species. The release of this important study and action framework today advances important Great Lakes values.

“The Study shows that strong and effective action is needed sooner than later to protect Lake Michigan and the other Great Lakes. We have to get this right from the start. There are no do-over ‘Mulligans’ if invasive species get into our Great Lakes.”

Mr. Learner served as a member of the Advisory Committee for the Chicago Area Waterways Study project.

]]> http://elpc.org/2012/01/31/statement-from-howard-learner-separating-the-chicago-area-waterway-system-is-an-important-step-to-protect-the-great-lakes%e2%80%99-ecology-and-economy/feed 0 New Report Demonstrates that Permanent Physical Barriers to Stop Asian Carp at Chicago are Feasible http://elpc.org/2012/01/31/new-report-demonstrates-that-permanent-physical-barriers-to-stop-asian-carp-at-chicago-are-feasible http://elpc.org/2012/01/31/new-report-demonstrates-that-permanent-physical-barriers-to-stop-asian-carp-at-chicago-are-feasible#comments Tue, 31 Jan 2012 14:57:16 +0000 Kcoleman http://elpc.org/2012/01/31/new-report-demonstrates-that-permanent-physical-barriers-to-stop-asian-carp-at-chicago-are-feasible Strategies for restoring the natural divide between the Great Lakes and Mississippi River basins to keep Asian carp out of the Great Lakes – and, in the process, modernizing the Chicago Area Waterway System (CAWS) – are identified in a report released today by the Great Lakes Commission and the Great Lakes and St. Lawrence Cities Initiative.

“Physically separating the Great Lakes and Mississippi River watersheds is the best long-term solution for preventing the movement of Asian carp and other aquatic invasive species, and our report demonstrates that it can be done,” said Tim Eder, executive director of the Great Lakes Commission.

The threat of Asian carp looms large for communities in the Great Lakes region. The lakes provide over 35 million residents with drinking water, contain 20 percent of the Earth’s fresh surface water, and support a thriving tourism industry and world-class fishery, which generates an estimated $7 billion in economic activity annually.

Voracious feeders that can grow up to 90 pounds, Asian carp have overrun other ecosystems and could cause irreversible damage to the Great Lakes if allowed entry. Once established, invasive species are nearly impossible to eliminate.

“This is a unique opportunity for both protection of the Great Lakes and Mississippi River and for a Chicago waterway system for the 21st century and beyond,” said David Ullrich, executive director of the Great Lakes and St. Lawrence Cities Initiative. “No single use of the CAWS, including transportation, flood control and wastewater treatment, can be considered individually. The system requires an integrated approach and that is what we have taken.”

The three separation alternatives include a down-river single barrier between the confluence of the Chicago Sanitary and Ship Canal and the Cal-Sag Channel and the Lockport Lock; a mid-system alternative of four barriers on CAWS branches between Lockport and Lake Michigan; and a near-lake alternative of up to five barriers closest to the lakeshore. All three include measures to improve the CAWS’s role in flood management, wastewater treatment and maritime transportation, as well as stopping the interbasin movement of aquatic invasive species.

The three separation alternatives in the report were developed by the engineering firm HDR, Inc., which considered some 20 possible barrier locations in its analysis. No recommended alternative is identified. However, one alternative, the mid-system solution, is the least costly and offers other advantages.

The analysis concludes that preventing just a single invasive species from entering the Great Lakes can save as much as $5 billion over 30 years. The Corps of Engineers has identified 10 species that are poised to invade the Great Lakes from the Mississippi River.

According to the report’s economic analysis, the cost of the barriers themselves is as low as $109 million. The addition of all improvements to address water quality, flood prevention and transportation brings the cost to between $3.2 billion and $9.5 billion, depending on the location and the degree to which the wastewater treatment plants on the system are improved to meet future Clean Water Act requirements.

The analysis also finds that households in the Great Lakes basin would have to be willing to pay, on average, about $1 a month from now through 2059 to cover the cost of the mid-system alternative, based on a projected cost of $4.27 billion. The Great Lakes Commission and the Cities Initiative point out that the construction costs to build the current CAWS in today’s dollars would be $11 billion.

Asian carp have been migrating up the Mississippi River system since the early 1990s and were detected in 2009 to have breached electronic barriers operated by the U.S. Army Corps of Engineers in the CAWS. In 2010 a live Asian carp was captured in Lake Calumet just six miles from Lake Michigan.

“The current efforts by the state of Illinois, the Corps of Engineers and others to monitor and slow the carp migration are critical and are buying us time to implement a long-term solution,” said Eder.

“While we recognize and support the work being done by others to find solutions to the Asian carp threat, we need to appreciate fully the urgency of this matter,” Ullrich emphasized.

The Great Lakes Commission, representing the eight Great Lakes states plus the Canadian provinces of Ontario and Québec, and the Cities Initiative, a coalition of U.S. and Canadian mayors, embarked on the accelerated study in 2010 believing separation to be the best strategy for preventing the movement of Asian carp and other aquatic invasive species between the two watersheds via the CAWS. The $2 million project was funded by a collaboration of six regional funders: the Joyce Foundation, C.S. Mott Foundation, Great Lakes Fishery Trust, Wege Foundation, Great Lakes Protection Fund and Frey Foundation.

To provide guidance and input for the project, a bipartisan Executive Committee was established and a diverse Advisory Committee was convened among stakeholders from the Great Lakes region, with an emphasis on interest groups in the Chicago area. In addition, a Resource Group made up of governmental and quasi-governmental entities with a direct interest in the project also participated.

The report and all supporting materials are available at www.glc.org/caws.

Download this news release.

]]> http://elpc.org/2012/01/31/new-report-demonstrates-that-permanent-physical-barriers-to-stop-asian-carp-at-chicago-are-feasible/feed 0 Indianapolis Star: Is Bear Run coal mine putting Hoosiers at risk? http://elpc.org/2012/01/09/indianapolis-star-is-bear-run-coal-mine-putting-hoosiers-at-risk http://elpc.org/2012/01/09/indianapolis-star-is-bear-run-coal-mine-putting-hoosiers-at-risk#comments Mon, 09 Jan 2012 17:30:55 +0000 Kcoleman http://elpc.org/2012/01/09/indianapolis-star-is-bear-run-coal-mine-putting-hoosiers-at-risk The Bear Run coal mine will soon become the largest — and least regulated — coal mine in the Eastern United States. The Indiana Department of Environmental Management (IDEM) has decided to “rubber stamp” the mine with the same weak general permit that governs many small mines in other parts of the state, rather than fulfill its obligation to protect Hoosiers and aquatic life. As ELPC Staff Attorney Jessica Dexter tells the IndyStar, the idea that a mine the size of Bear Run is not a project IDEM thinks “could have a significant impact” is ludicrous. Read the article.

]]> http://elpc.org/2012/01/09/indianapolis-star-is-bear-run-coal-mine-putting-hoosiers-at-risk/feed 0 ELPC Names Three of Indiana’s Cleanest Rivers http://elpc.org/2011/12/07/elpc-names-three-of-indiana%e2%80%99s-cleanest-rivers http://elpc.org/2011/12/07/elpc-names-three-of-indiana%e2%80%99s-cleanest-rivers#comments Wed, 07 Dec 2011 16:07:40 +0000 Kcoleman http://elpc.org/2011/12/07/elpc-names-three-of-indiana%e2%80%99s-cleanest-rivers The Environmental Law & Policy Center (ELPC) today identified three of Indiana’s cleanest rivers: Sugar Creek, The Tippecanoe and the East Fork of the White River.  These pristine waters are popular destinations for fishing, canoeing and recreation and provide a stark contrast to the list of polluted waters ELPC released recently.

“These rivers are examples of how clean water creates recreational jobs and businesses and improves the quality of life in Indiana,” said Howard Learner, Executive Director of the Environmental Law & Policy Center. “Indiana officials should work to ensure all our rivers are this clean.”

Indiana’s weak state policies and lax enforcement have allowed the many of the state’s rivers and lakes to become fouled by algae blooms, toxins, sedimentation and dangerous pathogens, but the work of landowners, clean water advocates and some public agencies has helped protect these valuable waterways and the businesses that depend on them.

ELPC explains the value of Indiana’s clean rivers through the stories of people who depend on them like Jason Seward, owner of Clement’s Canoes on Sugar Creek and Tom Todd, a fishing guide who works on the East Fork of the White River. These stories, as well as video and professional photos are all available at www.INourwater.org

The website will give Indiana residents the tools to tell their own stories about water and take action to clean up waterway across the state. ELPC is working to increase awareness of the pollution issues facing Indiana and engage the public in calling for solutions.

Three of Indiana’s Cleanest Rivers

1. Sugar Creek. Sugar Creek is home to a rare variety of fish and wildlife, including bald eagles, blue herons and over 70 species of fish. Indiana’s Health Rivers INitiative will protect 43,000 acres of land along this ecologically critical waterway.  Jason Seward is one of the people that depend on the water quality in Sugar Creek for a living. Seward owns Clements Canoe and Outdoor Center, one of several canoe liveries on Sugar Creek.

2. The Tippecanoe River. The Tippecanoe River meanders through northern Indiana for 225 miles before emptying into the Wabash River. Biologists consider the Tippecanoe a bench mark for what healthy rivers in the region should look like today.   Tom Denham’s family has benefitted from the clean waters of the Tippecanoe since the 1930’s, when they bought land along the river near Winamac and began renting out cabins. Over the years, Denham has seen water quality improve and wildlife thrive on the river.

3. East Fork of the White River. The fishing on the East Fork of the White River is good enough to attract customers from as far away as New York and Hawaii and to keep fishing guide Tom Todd busy throughout the season.

Todd works on a meandering stretch of the East Fork between Lawrenceport and Hindostan Falls. Todd’s business depends on good water quality, and he says the East Fork is cleaner today than it’s been in the past.

]]> http://elpc.org/2011/12/07/elpc-names-three-of-indiana%e2%80%99s-cleanest-rivers/feed 0 Indianapolis Star Reports on ELPC’s Story of Pollution in the Geist Reservoir http://elpc.org/2011/11/08/indianapolis-star-reports-on-elpcs-story-of-pollution-in-the-geist-reservoir http://elpc.org/2011/11/08/indianapolis-star-reports-on-elpcs-story-of-pollution-in-the-geist-reservoir#comments Tue, 08 Nov 2011 20:45:28 +0000 Kcoleman http://elpc.org/2011/11/08/indianapolis-star-reports-on-elpcs-story-of-pollution-in-the-geist-reservoir The Indianapolis Star reported on one of the lead stories on ELPC’s new project, IN Our Water, with their coverage of phosphorus pollution and algae blooms in the Geist Reservoir. The Geist Reservoir provides drinking water to Indianapolis and is a popular place for boating and recreation, but the reservoir is fouled each summer with algae blooms and toxic bacteria created by excessive phosphorus pollution.

Read ELPC’s story on the Geist Reservoir here

Read coverage in the Indy Star here

Take Action: Help Protect Indiana Waterways from Dangerous Algae Blooms

]]> http://elpc.org/2011/11/08/indianapolis-star-reports-on-elpcs-story-of-pollution-in-the-geist-reservoir/feed 0 ELPC Defends Iowa’s Clean Water Standards http://elpc.org/2011/10/14/elpc-defends-iowas-clean-water-standards http://elpc.org/2011/10/14/elpc-defends-iowas-clean-water-standards#comments Fri, 14 Oct 2011 14:34:22 +0000 Kcoleman http://elpc.org/2011/10/14/elpc-defends-iowas-clean-water-standards ELPC is defending Iowa’s clean water standards from a legal challenge by the farm bureau. The farm bureau attempted to subpoena private communications related to the clean water standards from the Iowa Environmental Council. ELPC argued that IEC’s first amendment rights protected them from this intrusive subpoena. On October 13, the judge ruled in our favor and agreed that IEC could not be forced to turn over private communication. As this case continues, ELPC will work to uphold clean water protections and protect the rights of our environmental colleagues in the Midwest. Read an earlier post about this case.

]]> http://elpc.org/2011/10/14/elpc-defends-iowas-clean-water-standards/feed 0 Illinois Approves New Standards for Chicago River & Area Waterways http://elpc.org/2011/08/19/illinois-approves-new-standards-for-chicago-river-area-waterways http://elpc.org/2011/08/19/illinois-approves-new-standards-for-chicago-river-area-waterways#comments Fri, 19 Aug 2011 14:58:25 +0000 Kcoleman http://elpc.org/2011/08/19/illinois-approves-new-standards-for-chicago-river-area-waterways Illinois Approves New Standards for
Chicago River & Area Waterways

On Aug. 18, the Illinois Pollution Control Board approved new standards for “recreational use” of the Chicago River and area waterways. The recreational use designation is the highest-quality standard for waterways and will make the river safer for boaters, kayakers, and swimmers. This move is a result of many years of advocacy from ELPC, Friends of the Chicago River, and many others and of the historic June 7 vote from the Metropolitan Water Reclamation District to move toward disinfecting the 1.2 billion gallons of waste water dumped into the Chicago River each day.  Listen to a podcast about this turning point and next steps!

]]> http://elpc.org/2011/08/19/illinois-approves-new-standards-for-chicago-river-area-waterways/feed 0 NYT Article Says Congressional “Cost Cutters” Still Spend in Home Districts (Example: St. Croix River Bridge in Minnesota) http://elpc.org/2011/07/20/nyt-article-says-congressional-cost-cutters-still-spend-in-home-districts-example-st-croix-river-bridge-in-minnesota-which-elpc-helped-defeat http://elpc.org/2011/07/20/nyt-article-says-congressional-cost-cutters-still-spend-in-home-districts-example-st-croix-river-bridge-in-minnesota-which-elpc-helped-defeat#comments Wed, 20 Jul 2011 17:07:46 +0000 Kcoleman http://elpc.org/?p=6629 A July 19th article in the New York Times, “Cost-Cutters, Except When the Spending Is Back Home,” says the current class of freshman House Republications has pushed for dozens of earmark projects that funnel millions of federal dollars to their districts despite their ardent pledges to stop ‘out-of-control spending.’

One example: The proposed four-lane, $700 million bridge over the St. Croix River at the Minnesota-Wisconsin border.

This over-sized and overly expensive bridge would have defaced a pristine bluff and decimated recreational activities in the area, violating the federal Wild and Scenic Rivers Act.

Despite the financial, environmental, legal and common sense problems with this bridge proposal, some continue insisting on its development. But ELPC has been fighting back. Here are some recent actions:

  • In March 2010, ELPC successfully persuaded the Federal District Court to rescind the original permit issued for the bridge and require the National Park Service to reconsider its original authorization for the project. In response, the National Park Service changed its position and required the state transportation agencies to assess alternatives that would protect the St. Croix River’s “wild and scenic” designation.
  • In January 2011, ELPC and 24 other environmental and community organizations submitted a joint letter to the Minnesota Governor to voice support for protecting the river.
  • In March 2011, bridge supporters persisted, introducing House legislation to exempt the massive bridge proposal from the standards of the Wild and Scenic River Act. It received some bi-partisan support, but was never put to a vote.

ELPC remains a steadfast opponent to this bridge project. Our legal and policy advocacy to protect the St. Croix River and oppose an unnecessary new bridge is the right economic, environmental, legal and common-sense decision. We continue working with the National Park Service; state transportation officials in Wisconsin and Minnesota; allies at the Minnesota Environmental Partnership,  National Parks Conservation Association, American Rivers, and Sierra Club; and other key players to promote better transportation and land use alternatives that will be more protective of natural resources.

]]> http://elpc.org/2011/07/20/nyt-article-says-congressional-cost-cutters-still-spend-in-home-districts-example-st-croix-river-bridge-in-minnesota-which-elpc-helped-defeat/feed 0 Defend Wisconsin Clean Water Rules! http://elpc.org/2011/06/23/defend-wisconsin-clean-water-rules http://elpc.org/2011/06/23/defend-wisconsin-clean-water-rules#comments Thu, 23 Jun 2011 14:48:31 +0000 Kcoleman http://elpc.org/2011/06/23/defend-wisconsin-clean-water-rules TAKE ACTION TODAY! Your help is needed now to preserve new rules limiting pollution of Wisconsin’s water. Phosphorus fouls Wisconsin’s waters by fertilizing the growth of algae and weeds, which deprive fish of oxygen and can harm human health. The Wisconsin Department of Natural Resources recently adopted rules that limit phosphorus pollution. But now Wisconsin Legislators seek to repeal those rules. We shouldn’t let that happen.

Please tell your state Assembly Representative and State Senator to support these new phosphorus rules and oppose efforts to weaken clean water rules. Wisconsin waters should be prized and protected by the Wisconsin Legislature.  Defending clean water will protect both our economy and our natural heritage.

A new bill is expected to be introduced soon. Send a message to your Legislators asking them to maintain these clean water rules for the safety and beauty of Wisconsin’s waters. If they think no one is listening, they may continue these outdated dirty water habits.

Your representatives need to hear from you.

TAKE ACTION TODAY! Please send a free fax to your Senator and Representatives to ask them to take action to help implement these new rules.

]]> http://elpc.org/2011/06/23/defend-wisconsin-clean-water-rules/feed 0 Wisconsin’s (Former) Leadership on Cutting Phosphorus Pollution http://elpc.org/2011/06/23/wisconsin%e2%80%99s-former-leadership-on-cutting-phosphorus-pollution http://elpc.org/2011/06/23/wisconsin%e2%80%99s-former-leadership-on-cutting-phosphorus-pollution#comments Thu, 23 Jun 2011 14:26:20 +0000 Kcoleman http://elpc.org/2011/06/23/wisconsin%e2%80%99s-former-leadership-on-cutting-phosphorus-pollution Since the 1930’s, Wisconsin has been one of the nation’s leaders in its attempts to control phosphorus pollution. But lately we haven’t done such a great job. Read more about today’s problems and how to take action.

1933: The federal government establishes first watershed protection program in Wisconsin.  This program sought to curb soil erosion on farms, thus limiting the degree to which runoff affects local waters.

1972: Congress passes the Clean Water Act, with two main goals: make waters “fishable and swimmable” and eliminate discharges to waterways.  This act made it illegal to discharge pollutants (such as phosphorus) without a permit.

1970’s: Great Lakes Water Quality Agreement between Canada and the United States aims to restore and maintain the chemical, physical and biological integrity of the Great Lakes.  The agreement included a clause that required dischargers of phosphorus to reduce their discharges to 1 milligram/ liter.

1977: Wisconsin creates a program that offers to share costs with landowners to reduce the amount of runoff created by their farms or feedlots.

1983: Wisconsin becomes the first state to meet the “fishable and swimmable” goals of the Clean Water Act.

1984: Wisconsin requires large-scale feed and farm operations to obtain permits detailing their use of manure and fertilizer.

2002: Wisconsin passes the most complete set of rules to date that aimed to limit polluted runoff.

2007: The rules governing large-scale operation were tightened, making pollution permits more stringent, in an attempt to decrease runoff pollution from such operations.

2010: Major year for phosphorus regulation. As of April, 2010, fertilizers that contain phosphorus cannot be applied to lawns in the state of Wisconsin and as of January, 2010 it is illegal to sell or use soaps or detergents with more than .5% Phosphorus by weight.

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