In May 2011, in a case called Northwest Environmental Defense Center v. Brown, the Ninth Circuit ruled that EPA regulations require Clean Water Act NPDES permits for polluted stormwater discharged from pipes, ditches and channels along logging roads.  Logging road pollution is one of the more widespread and harmful sources of stormwater pollution in the West.

In response to the NEDC v. Brown decision, EPA recently sent a draft notice of intent to regulate logging road pollution to the White House Office of Management and Budget.  Although details are not yet public, in a press release EPA stated that it “is considering flexible options including non-permitting options that recognize the vastness, diversity, and complexity of the nation’s logging road network and existing effective federal, state, local, and tribal best management practice frameworks.”

Please email EPA Administrator Lisa Jackson and President Obama and ask them to ensure that industrial logging road pollution remains regulated under the Clean Water Act’s NPDES permit program. Tell them you oppose efforts to exempt the timber industry and logging roads from the Clean Water Act.

The NEDC v. Brown decision reaffirms that the Clean Water Act and EPA regulations require NPDES permits for this widespread and harmful source of pollution. Unfortunately, Big Timber and other polluters are pushing Congress to exempt them from the Clean Water Act so they can continue dumping pollution into our Nation’s streams.  You can find a GREAT two-pager on this topic HERE.  It was put together by the Rogue Riverkeeper in Oregon, and makes a great resource.

Click here to email EPA Administrator Lisa Jackson.

Click here to email President Obama.

More information…

In September 2011, the State of Oregon and members of the timber industry asked the Supreme Court to review the NEDC v. Brown decision because they do not want to comply with the Act’s very effective NPDES permit program.  In December 2011, the Supreme Court asked the Solicitor General to file a brief expressing the federal government’s views on the case.  EPA’s recent notice comes just before the federal government is expected to file its brief on May 25.  EPA’s action could have a significant impact on how logging road pollution is regulated in the future and whether the Supreme Court takes the case.  Please help us preserve the NEDC v. Brown decision by emailing EPA Administrator Jackson and President Obama.

Read the 9th Circuit Court’s opinion and order.

Follow the Supreme Court proceedings here.

Learn more about the legal case here.

See the letter Spokane Riverkeeper and other organizations sent to Lisa Jackson last year here.

I will send out more updates as things develop over the next few months.

You can check The Clean Water Network’s  website for more information.

You may recall in March I put a call out for people to share their Clean Water Stories to Waterkeeper Alliance for the 40th anniversary of the Clean Water Act and the CWA40 campaign.  I told my Clean Water story (will debut later this summer), but I wanted to capture what people in Spokane had to say.  So I set some volunteers up with a video camera at Earth Day Spokane and they captured the below footage.  I’m really pleased how it turns out, and as I said in the video info, this will be the first in a series of Clean Water Stories.

Enjoy!

Here’s one thing I’m NOT going to do with this post; be that guy who comes back from an awesome vacation and has a party with his friends to show his 500 pictures of the trip.  So I’ll spare you the lengthy recap of my recent conferences and instead share with you some highlights.

One of the requirements of being a Keeper in the Waterkeeper Alliance movement is attending the annual conference, which moves around North America each year.  Not a bad requirement considering the conference is packed with educational panels, great speakers and hundreds of like-minded people who  know how to maximize work and play.  One of the benefits of being a Riverkeeper is taking advantage of an opportunity to be a part of River Network, which is an equally awesome organization that provides support for river advocates.  River Network also has a roaming annual conference called the River Rally.  This year, two of my favorite people in the world (Pete Nichols from Waterkeeper Alliance and Katherine Luscher from River Network worked like hell to bring the two together.  It was a success.

The panels were bigger and better than ever, as a Keeper and a member of River Network I was lucky to get TWO celebratory nights, there were that many more people to network (and party) with, and we were able to maximize on our location AND sea of people to turn out an unforgettable rally against coal.  It was truly an inspiring weekend.  And though it’s kind of turned in to a running inside joke, I was able to see Waterkeeper Alliance President Robert F. Kennedy Jr speak several times, which many of you got to experience last May in Spokane.  Even though we joke that we could give his speech now, I’m forever in awe of his passion and intelligence and I hope I get to see him give it a hundred more times.

For a great recap of the conference, I urge you to check out EcoWatch founder Stefanie Spear’s latest piece.  Stefanie is a true innovator, one of the hardest working people I know, and essential to this movement.  Plus she’s a great friend, and I’m thankful that she included Spokane Riverkeeper in her piece.

As I mentioned, since this is our annual conference for Waterkeeper Alliance, we have a Waterkeeper night where new Keepers get to introduce themselves and where the different geographic regions give updates on what they’re up to.  This can sometimes get lengthy and boring, so this year we were asked to make it fun and punchy.  So was there any question that the Pacific Region would rise to the challenge?  We thought we’d capture the spirit of the Northwest and capitalize on pop culture by slow jamming our report.  Check it out.

I mentioned it above, but it’s worth showing again.  The Power Past Coalition, of which Spokane Riverkeeper is a part of, organized a HUGE rally in downtown Portland – a rally against Coal.  We got 70 degree weather, over 500 people, and some of the most passionate speakers on the planet. The best hands down was Hao Xin, the Qiantang River Waterkeeper in China who spoke about the threat of coal in China. “China should not become the dumping ground for your coal industry. Our people need clean air, not dirty U.S. coal.” – quote courtesy of EcoWatch  The below video was done by Waterkeeper Alliance and turned out very well.

And finally, on the last night of the conference, the River Network River Rally River Heroes banquet, I had the pleasure of listening to two AMAZING Waterkeepers give speeches while accepting their very well deserved River Hero awards.  Terry Backer, the Long Island Soundkeeper, who is an institution in and of himself and is co-responsible for the entire Waterkeeper movement was chosen as a River Hero, as was John Wathen, YOUR Hurricane Creekkeeper from Alabama.  People often ask me to put in to words what a Riverkeeper / Waterkeeper is.  I do my best, but I do it nowhere near as well as John.  Listen to his speech to see for yourself!

Image courtesy of Capital Press

At issue is Joseph Lemire, 68, a cattle rancher near Dayton, WA and a 2009 order from the Department of Ecology that required him to stop allowing cattle access to Pataha Creek – a creek that is already listed as an impaired body of water.  The worry is that when cattle use streams for drinking, they trample the natural shoreline and leave their fecal waste in the water, polluting not only the stream, but also lakes and rivers downstream.

Lemire appealed the order in 2011 to the Pollution Control Hearings Board objecting to the scope of the order and disputing the fact that the livestock were actually causing pollution.  The PCHB ruled that “The outcome of this appeal is not dependent on testing of Pataha Creek, as the agency need only show the substantial potential for pollution to occur,” and granted Ecology’s motion to dismiss the case.”   Lemire then appealed that decision to the Columbia County Superior Court, which found in Lemire’s favor, overturning the PCHB decision.

In late September 2011, Ecology filed an appeal with the Washington State Court of Appeals to overturn the decision by the Columbia County Superior Court that prohibits Ecology from taking action to keep cattle from polluting streams and rivers.  “We think the judge has it wrong. His ruling strikes at our fundamental authority to help prevent pollution in the water in the state,” said Kelly Susewind, Ecology’s Water Quality Program manager in Olympia.

Ecology had this to say about their decision to appeal, “Because of the importance of maintaining our ability to protect water quality statewide, and because clean water is a statewide resource necessary for the health and safety of our citizens, businesses and communities as well as our fish, Ecology will ask the state appellate court to review the facts. The Clean Water Act prohibits polluting the state’s water. A healthy agricultural industry and clean water are equally essential to our state’s economy and way of life. Both depend on clean water.”

And that’s where we (Spokane Riverkeeper, Columbia Riverkeeper, North Sound Baykeeper and Puget Soundkeeper – “Waterkeepers Washington”) step in.   Helping Ecology maintain its ability to address water quality is about as important as an action as we as Keepers can take in the state of Washington. Especially now in a time where the threat to weaken environmental regulations and oversight is increasing.  We intend to help Ecology maintain  its authority to regulate non-point source pollution, a MAJOR threat to waterbodies across the state, especially the Spokane. So late last week, on May 11th, Waterkeepers Washington filed an Amicus Brief (“friend of the court”) in support of the State of Washington, Department of Ecology stating;

The degradation of the Pataha Creek and other Washington water bodies from unmanaged nonpoint sources of pollution, such as cattle, are serious concerns to Waterkeepers Washington. Without the authority to regulate nonpoint source pollution and its precursors, Ecology lacks essential tools necessary to control water pollution and meet the requirements of both state and federal law. The burden of all water pollution within Washington will rest upon point source operations and community groups to find non-regulatory methods of combating nonpoint source pollution. Ecology is better suited to implement the necessary best management practices to combat nonpoint source pollution and mitigate the regulatory burden on point source pollution.

Waterkeepers Washington joins with Ecology and respectfully requests that the court reverse the superior court’s decision and uphold the Board’s decision affirming Ecology’s Order that is supported by the record.

Because I too am not a lawyer, here’s what an Amicus Brief or Amici Curiae is, “Literally, friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest; e.g., civil rights cases. They may be filed by private persons or the government. In appeals to the U.S. courts of appeals, an amicus brief may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion or at the request of the court, except that consent or leave shall not be required when the brief is presented by the United States or an officer or agency thereof.”

Here are some photos taken by Ecology of Lemire’s ranch.

To sum up, here is the closing from our Brief:   Ecology has the authority to regulate and manage nonpoint source water pollution.  Ecology’s Order represents the proper manifestation of the Ecology’s authority pursuant to both the Clean Water Act and the Washington Water Pollution Control Act to control nonpoint source and its precursors.  Lemire’s cattle ranching practices posed a substantial potential to pollute the Pataha Creek. Ecology’s ability to regulate similarly situated land owners that violate the Washington Water Pollution Control Act is of great importance to Waterkeepers Washington and the residents of Washington.

Nonpoint source pollution is the largest threat to water quality in Washington and its pervasive nature requires a state wide regulatory scheme to manage the adverse environmental impacts nonpoint source pollution poses to Washington’s water bodies.  The court’s decision in this matter will determine the strength of the Washington Water Pollution Control Act and where the burden of Washington’s water pollution will be placed: nonpoint sources and its precursors or point sources and community groups.  Waterkeepers Washington seek the balanced approach envisioned in the Washington Water Pollution Control Act.

Design and explanation of Spokane's Broadway Ave LID SUGE project

No, this isn’t a broken record.  It just happens that as we’ve been talking a lot lately about polluted runoff management and stormwater issues, that others have as well.  Which really says something if you look deeply.  You see, Spokane’s issues with CSO’s and polluted runoff aren’t unique - communities across the country are dealing with the same problems as we are.  So why then does Spokane, like always, think they must reinvent the wheel in terms of coming up with solutions.  That’s another blog post for another day though.

Here we have American Rivers, yes the same American Rivers who just recently released that awesome Google Maps based green roof tool, releasing a series of reports that, “highlights the economic benefits of green infrastructure strategies to better manage polluted runoff.”

Unlike most traditional water infrastructure, green infrastructure practices can help communities save money while also providing a number of economic benefits that include reduced costs, increased energy efficiency, mitigating flooding and improving air quality.

Read more HERE.