A BIRDERS VIEW OF THE HISTORY OF THE CLEAN WATER ACT (CWA), WHAT CONSITUTES “WATERS OF THE UNITED STATES” (WOTUS) AND THEREFORE COVERAGE UNDER THE CWA, AND THE WRONG-HEADED SCOTUS SACKETT VS EPA DECISION THAT NARROWLY DEFINES WOTUS AND PUTS CRITICAL WETLANDS AT RISK

June 29, 2023.Reading time 32 minutes.

May 25, 2023, in the Sackett v. EPA ruling, in a 5-4 majority, SCOTUS justices returned to a different 2006 opinion expressed by Justice Antonin Scalia that holds that jurisdiction over adjacent wetlands requires “first, that the adjacent [body of water constitutes] . . . ‘water[s] of the United States,’ (i.e., a relatively permanent body of water connected to traditional interstate navigable waters); and second, that the wetland has a continuous surface connection with that water, making it difficult to determine where the ‘water’ ends and the ‘wetland’ begins.”

This eliminates any consideration of a ‘significant nexus’ that considers science that connects water movement, underground or seasonal, and which may provide one or more of the significant environmental services. It eliminates federal protection of ‘isolated’ wetlands and move protection jurisdiction to states. Where often the long-term sunk (pun intended) costs of losing wetland environmental services is overlooked in favor of short-term economic development cash.

JERKS AND THEIR DAMAGE TO SHOREBIRD POPULATIONS

June 6, 2023.Reading time 4 minutes.

Black Skimmers are one of many shorebird species that form breeding colonies and lay their eggs in small scrapes directly on dunes & beaches. Their species survival strategy is simple: Large numbers in a breeding colony, sometimes mixed, for more lookout eyes, effective egg camouflage, and short incubation\fledgling times to minimize the open exposures. This […]