ELI Report
Author
Rachel Jean-Baptiste - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
5

National Wetlands Awards Celebrating six champions of the country’s invaluable aquatic ecosystems and wildlife

ELI’s National Wetlands Awards are presented annually to individuals who have excelled in wetlands protection, restoration, and education. The winners are selected by a committee composed of experts from around the country, including representatives from each federal supporting agency, the conservation and business communities, and others.

This year’s ceremony was held on May 16 at the rooftop of Beveridge & Diamond, PC, in Washington, D.C. Individuals from the Environmental Protection Agency, Fish and Wildlife Service, Baker Botts, Hogan Lovells, and ELI presented awards. One winner, Adam Davis, attended virtually.

Opening remarks were delivered by ELI President Jordan Diamond. Former ELI President John Cruden made remarks in memory of his former colleague the late Stephen Samuels, a retired Justice Department attorney and one of the government’s leading experts on the Clean Water Act and its wetlands program.

A recording of the ceremony, podcast interviews with the 2023 winners, and additional details are available here.

Award for Business Leadership. Adam Davis is a co-founder and managing partner at Ecosystem Investment Partners, which has restored over 48,000 acres of wetlands and 220 miles of streams since its founding in 2006. Adam is involved in all aspects of the business, from investor relations to project implementation to government affairs.

Adam has dedicated his career to aligning business interests with environmental outcomes, and he is an advocate for new types of public-private partnerships that support ecological restoration. For example, he led the effort for his firm to partner with the California Department of Water Resources on the largest tidal wetland restoration project in state history.

Adam and his wife, Sara, live in San Rafael, California. He has served on the board of the national industry trade association, the Ecological Restoration Business Association, and helped to create the California affiliate, CalERBA. Adam has a B.A. in Africana Studies from Cornell University.

Award for Promoting Awareness. Matt Hough is the manager of conservation programs for Kansas, at Ducks Unlimited, a position he accepted in 2017 after joining the organization six years earlier as a regional biologist.

In his current role, Matt heads DU’s conservation program for the state, supervising wildlife biology staff and overseeing the organization’s state budget and fundraising. Matt works with various partners in Kansas to deliver a diverse program of restoration, enhancement, protection, and acquisition projects. He has also been active in DU’s growing Ecosystem Services working group, especially focused on wetlands and their role in groundwater recharge and water efficiency.

Matt serves on the boards of both the Playa Lake Joint Venture and Kansas Alliance for Wetlands and Streams. Raised on a small beef cattle ranch in eastern Oklahoma, Matt graduated from Oklahoma State University with a bachelor’s in plant and soil science and a minor in range management. He received his master’s in wetland ecology, also at OSU. Matt and his partner live in Grand Island, Nebraska, with their new Pudelpointer puppy, Penny, and cat, Mia, where they enjoy entertaining friends, cooking, and fun in the outdoors.

Award for Program Development. Rebecca Swadek is the director of wetlands management at the New York City Department of Parks & Recreation. In this role, she provides strategic management and leadership for an interdisciplinary team focused on protecting and restoring over 60 miles of streams and 3,000 acres of tidal and freshwater wetlands on NYC’s parkland. She has taken a lead role in advising on the city’s first wetland mitigation bank—consulting on hundreds of projects impacting wetland resources, developing a public wetlands map for the city, and contributing to the restoration and protection of over 85 acres of wetlands.

Rebecca has co-authored eight agency reports related to wetland, watershed, and stream management and served as the lead author for the “Wetlands Management Framework for New York City," released in 2021 with the Natural Areas Conservancy. The framework serves as a 30-year roadmap for the protection, management, and restoration of New York City’s remaining wetlands.

Rebecca serves as a co-chair for the Ecology Team for the Bronx River Alliance and as a research associate for the Botanical Research Institute of Texas. Trained as a plant ecologist, Rebecca has over 15 years of experience in plant conservation, ecological restoration, and stormwater management in California, New York, and Texas.

Award for Local Stewardship. Scott Fisher serves as Director of ʻĀina (Land) Stewardship for the Hawaiʻi Land Trust (HILT), which encompasses 19,500 acres of protected land in Maui, Oʻahu, Kauaʻi and Hawaiʻi Island. He joined HILT in 2003 as project manager for the 277-acre Waihe’s Coastal Dunes and Wetlands Refuge. Since 2019, Scott has also worked as a consultant with the Mikajy (Restoration) project in Menabe Province, Madagascar.

Raised in Kula, Maui, Scott enlisted in the Marine Corps when he was 17 and served in the Gulf War. Scott’s first Ph.D. explored the dynamics of post-conflict recovery related to natural resource degradation among Pacific Island communities on the island of Bougainville in Papua New Guinea. From 2017-20 Scott was a visiting fellow at the University of Leicester, conducting research into the relationship between ecological restoration, ecosystem resilience, and paleoecology. Scott also holds graduate certificates in ecological restoration and sustainable agriculture.

Scott is currently enrolled in a Ph.D. program in earth and ocean science at the University of Southampton (UK), where he is studying how to optimize nature-based solutions to high-energy marine inundation events. On weekends, Scott enjoys working at his 4-acre ulu (breadfruit) farm on Maui.

Award for Scientific Research. Bingqing Liu is a research scientist and deputy director of the RESTORE Act Center of Excellence for Louisiana (LA-COE) at The Water Institute. Her cutting-edge and forward-thinking scientific research focuses on coastal wetland carbon modeling and remote sensing monitoring to examine the responses of coastal blue carbon habitats (e.g., black mangroves and marshes) to meteorological and climatic changes and restoration activities in Louisiana.

Over the past five years, she has worked tirelessly in the field of wetland habitat classification and wetland carbon capture from field research, remote sensing, and numerical modelling. As the deputy director of LA-COE, Bingqing administers a competitive grant process and provides the appropriate coordination and oversight to ensure the findings from funded projects can be implemented into Louisiana’s Coastal Master Plan, thereby allowing her to facilitate the translation of research findings into actionable measures and benefiting the broader public and communities that rely on healthy wetland ecosystems.

Award for Youth Leadership. Charlotte Michaluk, a high school student in Pennington, New Jersey, is passionate about protecting coastal wetlands from the spiraling effects of climate change through innovative cargo ship design.

Charlotte designed a ship hull coating inspired by shark skin that improves ship efficiency by reducing drag and biofouling, while simultaneously minimizing invasive species transport. She also developed a concept for a hybrid wind and fossil fuel powered cargo ship that cleans exhaust and improves seakeeping, while generating auxiliary propulsive power from wind energy. Her research has been presented at numerous conferences and recognized internationally. In addition, Charlotte has gathered and analyzed field data, worked with the New Jersey Department of Environmental Protection, and advocated at public hearings to preserve ecologically critical wetlands, habitats of exceptional significance, and wildlife corridors in Central New Jersey.

Charlotte has been recognized multiple times by the Environmental Protection Agency and was winner of the 2020 Department of Defense STEM Talent Award for her work on cargo ship design. Her sister, Sonja Michaluk, was an NWA recipient in 2021.

WOTUS v. SCOTUS

On May 25, the Supreme Court, ruling in Sackett v. EPA, sharply limited the scope of the federal Clean Water Act’s protection for the nation’s waters. The Court redefined the act’s coverage of “waters of the United States,” which has been hotly contested since the Court’s 2006 decision in Rapanos v. United States.

For nearly 50 years, the Environmental Law Institute has prepared authoritative research and analysis on federal, state, and tribal wetlands and water laws, and hosted workshops focused on legal and programmatic means for wetlands protection.

Visit this site, where we’ve compiled our observations of the Sackett decision and collected materials from ELI experts to help support states, tribes, and policymakers in this new legal context.

Six Conservationists Win National Wetlands Awards.

National Wetlands Awards: Celebrating five champions of the country’s invaluable aquatic ecosystems and wildlife
Author
Akielly Hu - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
5

ELI’s National Wetlands Awards are presented annually to individuals who have excelled in wetlands protection, restoration, and education. The winners are selected by a committee composed of experts from around the country, including representatives from each federal supporting agency, the conservation and business communities, and others.

This year’s ceremony was held on May 19 at the National Academy of Sciences in Washington, D.C. Individuals from the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, USDA’s Forest Service, and ELI presented awards. One winner, Mark Laska, attended virtually. Opening remarks were delivered by ELI President Jordan Diamond, and further remarks were provided by Navis Bermudez, deputy assistant administrator for the EPA Office of Water. Full descriptions of each award winner are at www.eli.org/national-wetlands-awards.

Award for Wetlands Program Development. Mick Micacchion leads the wetland program at the Midwest Biodiversity Institute, a nonprofit dedicated to the research, monitoring and assessment, and restoration of aquatic resources.

Previously as a wetland ecologist with the Ohio Environmental Protection Agency, Mick conducted numerous studies on wetlands and developed assessment methods and mapping resources that helped the agency better regulate and protect wetland resources. As part of this work, he and several others at Ohio EPA met with representatives from a range of Ohio businesses, employees from other state agencies, and concerned citizens to develop the rules that comprise Ohio’s Wetland Water Quality Standards. The rules set up three categories of wetlands and specify in detail how each category of wetland is protected.

During this same period, Mick worked on developing and refining the assessment tools used to place wetlands in their appropriate categories based on measurable attributes. The assessment tools selected for development evaluated wetland habitats, floras, and faunas. The data resulting from the assessment tools is detailed enough to allow placement of the monitored wetlands into their appropriate categories reliably and consistently for Section 401 and isolated wetland reviews.

Mick was also the lead in creating the Amphibian Index of Biotic Integrity, monitoring hundreds of vernal pool wetlands across Ohio for its development. He also co-founded the Ohio Vernal Pool Network, which has been instrumental in increasing awareness and protection of vernal pools in Ohio, and has served as vice president of the Ohio Wetlands Association for the last nine years.

Mick’s leadership in the development of the AmphIBI and Ohio’s Wetland Water Quality Standards has helped guide the development of similar regulatory standards and programs in other states. His dedication has been demonstrated through dozens of research articles on wetlands and wetland-themed presentations to a variety of audiences across the country.

Award for Scientific Research. Dr. John White is an internationally renowned scientist who has contributed to the field of wetland research for almost three decades. He serves as the John & Catherine Day Professor of Oceanography and Coastal Sciences and the associate dean of research for Louisiana State University’s College of the Coast & Environment.

Over the course of his distinguished career, Dr. White has supervised 34 graduate students and has written over 125 peer-reviewed publications and book chapters focused on natural and anthropogenic impacts on nutrient and contaminant cycling in wetland and aquatic systems.

Dr. White has also actively supported public service and policy programs in the State of Louisiana and at the national level. He served as the wetland program chair for the Soil Science Society of America, the biogeochemistry program chair for the Society of Wetland Scientists, and worked on the Louisiana Governor’s Advisory Committee for the Coastal Master Plan. He currently sits on the Board of Scientific Counselors for EPA.

While his research spans diverse wetland ecosystems and locations, he is recognized for significant contributions to the understanding of the Florida Everglades and the Mississippi River Delta regions, two of the largest and most threatened wetland complexes on Earth. Dr. White’s research has informed practitioners and policymakers about the interplay between nitrogen and phosphorous loading. He has also produced one of the most compelling and thorough assessments of the impact of wetland erosion and submergence in coastal Louisiana on the global carbon cycle.

Dr. White has not only directly contributed knowledge to the fields of wetland science and policy, but has also mentored and inspired many.

Award for Local Stewardship. Zachariah Perry joined Reed College in 1999 as a grounds maintenance technician. He was tasked with creating a strategy to rehabilitate a centralized 28-acre degraded greenspace in the middle of campus known as Reed Canyon. The area was declared a wildlife refuge by the state of Oregon in 1913.

Zac drew from his formal education on botany, horticulture, and environmental science to lead teams of volunteers and students to remove barriers and obstacles to Reed Creek, Reed Lake, and the wetlands areas. His team strategically removed years of invasive plant material and reintroduced a wide array of native cover through innovative methods of propagation and cultivation. They have reintroduced close to a hundred thousand native plants and trees, many propagated by Zac from plants already growing in the canyon understory.

He has been responsible for managing all aspects of the restoration, which included removing a 70-year-old swimming pool and reconstructing the space into a fish ladder system designed to allow juvenile salmonids to access the headwaters of Crystal Springs Creek. Zac is credited with transforming an area that was considered a blight into a highly functional system—an impressive example of what urban restoration and community engagement can achieve.

Zac also leads educational tours for hundreds of local K-12 students, teachers, and interested Portlanders through his Canyon Outreach Program. His outreach strategy has led to a surge of interest in the canyon, and Zac has given numerous presentations at Reed College and at City of Portland events.

Zac teaches restoration ecology at Reed College and college-level classes at Portland State University. Now in charge of the Grounds and Maintenance departments at Reed College, Zac uses his expertise and partnerships to improve facilities operations over a 130-acre campus.

Award for Promoting Awareness. Dr. Jessica Hua ensures that her research is impactful in both the classroom and the community. She serves as principal investigator of the Hua Lab and Director of the Center for Integrated Watershed Studies at Binghamton University. In both roles, Dr. Hua seeks to integrate two fundamental missions: understanding the ecological and evolutionary consequences of human activities on wetland ecosystems, and communicating these findings at the local, state, national and international levels. The Hua Lab contributes insights into the conservation, restoration, and regulation of aquatic ecosystems and amphibians by studying their responses to disturbances, such as pollution, temperature shifts, and invasive species. In the fall of 2022, Dr. Hua’s lab group is transitioning to the University of Wisconsin-Madison, where the team will continue pursuing wetlands work.

Dr. Hua has established herself as a highly productive and influential scholar, mentor, and innovator in the field of ecotoxicology. Her research focuses on identifying the impacts of contaminants on natural communities. Despite the importance of this work, Dr. Hua knows that research has limited impact without the public’s knowledge and engagement, and strives to integrate her research into community activities and policy development.

As part of her team’s outreach efforts, Dr. Hua and her students developed a program called Wild Waders. The Wild Waders engage K-12 students, the general public, and people with disabilities in wetlands preservation. Since 2014, the Hua Lab has worked with local school districts, state agencies, local PBS stations, community groups, and science museums across upstate New York and Pennsylvania to educate and involve diverse audiences in wetlands preservation.

Award for Business Leadership. Dr. Mark Laska has more than 25 years of post-doctoral experience as an ecological restoration practitioner. Over 20 years ago, he founded Great Ecology, a pioneering ecological restoration consulting firm. Great Ecology focuses on improving the health and functionality of wetland, riparian, intertidal, and upland ecosystems, conducting more than 1,000 projects since 2001. Dr. Laska has performed or overseen wetland work and research in over 30 U.S. states, and internationally in Papua New Guinea, Costa Rica, Canada, and China.

Dr. Laska has delivered over 60 presentations on wetland damages, restoration, design, and mitigation at events around the world, including for the Society for Ecological Restoration, the National Mitigation and Ecosystem Banking Conference, Society for Toxicology and Chemistry, Wildlife Habitat Council, and Law Seminars International. He regularly presents to college students at his undergraduate alma mater, University of Colorado, Boulder, and at other universities around the country on ecological restoration, including designing and restoring highly functional wetland systems within rural and urban environments. Dr. Laska has authored or co-authored more than a dozen peer-reviewed papers and book chapters focused on, or with a nexus to, wetland restoration and mitigation. He has also authored numerous popular articles related to wetland functionality, restoration, and mitigation.

Dr. Laska brings implementable solutions to complicated ecological problems in wetland and coastal estuary systems. His projects have resulted in over 100,000 acres of wetlands that have been evaluated, created, enhanced, restored, or protected. A wide diversity of clients and projects has solidified his reputation as a fair scientist and impartial advocate.

Environmental Law Institute to Recognize “Wetland Heroes” at 30th Annual National Wetlands Awards
May 2019

(Washington, DC): The Environmental Law Institute (ELI) is pleased to announce the winners of the 30th Annual National Wetlands Awards: Dr. Robert Gearheart; Joel Gerwein; Richard Grant; Tom and Mary Beth Magenau; Greg Sutter; Dr. Robert A. Thomas; and Angela Waupochick. The recipients, all of which have demonstrated extraordinary commitment to the conservation and restoration of our nation’s wetlands, will be honored on May 7 in Washington, D.C.

Weeding Out Pollution: ELI Innovation Lab makes headway with new industry on promoting sustainable growth of legal cannabis
Author
Anna Beeman - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
3

The burgeoning legal cannabis industry continues to be a hot button topic across the nation, especially as the environmental implications of cultivation emerge. David Rejeski, Kasantha Moodley, and Azi Akpan, the team behind ELI’s Innovation Lab, are building partnerships with stakeholders to advance the environmental performance of this new industry.

In 2017, the first industry estimate of energy use was made, 4.1 million megawatt-hours in one year, with demand set to increase by 162 percent in just 5 years. There are also several environmental and public health implications associated with the industry’s nutrient-rich water discharges, air emissions, pesticide use, plant waste, and packaging waste.

A total of 33 states have legalized marijuana for medical use. 10 of these states and Washington, D.C., have also legalized it for adult recreational use. With no federal oversight and a fragmented regulatory system, states and industry alike are challenged with addressing these concerns.

The Lab’s podcast series “Conversations with Environmental Disruptors” has brought together a diverse set of weed visionaries. ELI’s Akpan interviewed Kaitlin Urso on her role at Colorado’s state government Cannabis Environmental Assistance Program. Urso consults with cannabis cultivators on sustainability, and brings awareness about potential permitting requirements. Her job is to support cultivators in their compliance efforts, without imposing requirements or restrictions on these new and growing businesses.

She also promotes voluntary actions such as the installation of water collection and re-use systems and waste management systems. Air emissions are also a concern — terpenes emitted from cannabis plants are volatile organic compounds and can affect ozone levels when accumulated on a large scale. Urso strongly emphasizes the necessity to gather baseline data, quantify impacts, and determine benchmarks to inform environmental approaches to tackling these problems.

In a recent podcast titled “A Cannabis Cultivator — Breaking the Grass Ceiling,” Jesse Peters, founder of EcoFirma Farms, shows visitors to the ELI website his 23,000-square-foot, indoor, carbon-neutral farm operation in Portland, Oregon. The farm utilizes sensors and automation systems linked to a software platform that monitors and regulates the nutrient feed, light, and water needed for optimal plant growth.

Peters has made significant capital investments and explains how the added technology transformed the financial and environmental sustainability of EcoFirma Farms. He touts that automation and tracking has made EcoFirma much more successful and accountable, has saved costs on labor, and has successfully maintained the quality and quantity of products at a competitive price. Peters believes that technology development will play a crucial role in the sustainable growth of the industry.

Beyond these episodes and at the forefront of current efforts, the ELI Innovation Lab is developing and disseminating informative and accessible materials to promote understanding of industry-wide impacts and the actions (regulatory or voluntary) that could be taken to address them.

In April, ELI staff attended the National Cannabis Festival in D.C., where they distributed materials to raise awareness on lawful pesticide use for the cannabis industry. The materials were developed in collaboration with the American Bar Association’s Pesticides, Chemical Regulation, and Right-to-Know Committee.

The Lab will continue this work in the future through a series of educational materials focusing on the full spectrum of environmental challenges facing the industry.

Conference, ELR special issue showcase year’s best articles

In late March, ELI held the 12th Environmental Law and Policy Annual Review Conference in Washington D.C. Each year, Vanderbilt Law students work with an expert advisory committee and senior staff from ELI to identify the year’s best academic articles that present legal and policy solutions to pressing environmental problems, some of which are then presented at the conference.

In a panel on federal energy leasing, winning author Jayni Foley Hein of the Institute for Policy Integrity at NYU School of Law argued that the Department of the Interior should update fossil fuel leasing and royalty rates on federal lands to maximize public benefit and social welfare. Panelists Tommy Beaudreau of Latham & Watkins and Rebecca Fischer and Daniel Timmons of Wild Earth Guardians delved into how Hein’s proposed reforms could result in less fossil fuel production, fewer greenhouse gas emissions, and more revenue than under existing rules.

In another panel discussion, author Richard Schragger of University of Virginia Law School proposed that in order for cities to fight against state preemption of environmental laws they should forge alliances with national interest groups, powerful corporations, and metropolitan regions to preserve their power to regulate and promote their interests. Gus Bauman of Beveridge & Diamond, Kim Haddow of Local Solutions Support Center, and Lewis Rosman from the City of Philadelphia Law Department provided their perspectives on the challenges cities face in passing environmental legislation.

In the final panel, on free trade and selective enforcement of environmental laws, author Timothy Meyer of Vanderbilt University Law School argued that the World Trade Organization investigations of trade remedies should be reformed by creating a centralized enforcement procedure. Jay Campbell of White & Case, Sharon Treat from the Institute of Agriculture and Trade Policy, and Steve Wolfson of the Environmental Protection Agency discussed their analysis of the proposal based on their practitioner and policymaking experience.

The winning articles by Professor Hein, Professor Schragger, and Professor Meyer, as well as the comments from this year’s panelists, will be published in a special issue of ELR in August.

ELI 50th anniversary celebration rolls out series of policy events

Special programming in ELI’s 50th anniversary year recently featured themes of compliance and re-imagining governance.

In February, ELI co-hosted with Greenberg Traurig, LLP, a discussion about the foundational objectives of the Superfund law. Panelists from the firm and Exponent and the Chesapeake Legal Alliance delved into how these objectives have evolved over time. They talked about issues surrounding the remediation and cleanup of Department of Defense sites, approaches to working with regulatory agencies, and cutting-edge and emerging technologies for damage assessments and remediation.

The same month, ELI held a webinar that explored the opportunities presented by increased state autonomy in environmental protection. Moderated by Donald Welsh, executive director of the Environmental Council of the States, it featured experts in interstate environmental coordination and attorneys with compliance experience.

In line with the theme “re-imaging environmental governance,” ELI hosted a conversation in March about UN General Assembly Resolution 72/277, known as “Toward a Global Pact for the Environment.” While many experts agree that the measure could help fill the gaps in international environmental law by providing guidance and transparency for adjudication in courts, bolstering the importance of human rights in environmental protection, and promoting a greater integration of environmental principles in non-environmental fields, questions still remain.

Moderated by ELI’s Xiao Recio-Blanco, panelists discussed principles needed to realize the potential impact of the pact on the developing world. Panelists included Justice Antonio Herman Benjamin, minister of the National High Court of Brazil, Roy S. Lee, professor at Yale University School of Forestry and Environmental Studies, and Nicholas Robinson, professor at Elisabeth Haub School of Law at Pace University.

Programming in May will highlight wetlands protection and in June will feature gender and the environment. Join the Environmental Law Institute in discussing the forefront of policy issues as we celebrate 50 years of environmental progress.

Field Notes: 30th annual National Wetlands Awards on May 7

This year marks the 30th edition of ELI’s annual National Wetlands Awards. Since 1989, over 200 champions of wetlands conservation have been honored.

The program recognizes individuals who have demonstrated exceptional effort, innovation, and excellence in wetlands conservation at the regional, state, and local levels.

Please join the Environmental Law Institute at this year’s National Wetlands Award Ceremony, taking place on Tuesday, May 7, from 6 to 8 p.m. at the U.S. Botanic Gardens in Washington, D.C.

This year’s awards include the 30th Anniversary Lifetime Achievement Award, to be presented to Richard Grant of Narrow River Preservation Association at the ceremony. Categorical awards will go to Greg Sutter of Westervelt Ecological Services for the Business Leadership award, Joel Gerwein at California State Coastal Conservancy for the Conservation & Restoration award, Robert Thomas for the Education & Outreach award, Tom and Mary Beth Magenau of Tri-State Marine for the Landowner Stewardship award, Robert Gearheart of Arcata Marsh Research Institute for the Science Research award, and hydrologist Angela Waupochick of the Stockbridge-Munsee Band of Mohicans for the State, Tribal, and Local Program Development award.

ELI congratulates these awardees on their achievements in advancing wetlands protection through their outstanding leadership.

In January, expert panelists explored in an ELI public webinar how focused efforts in states of the upper Mississippi River that bring together farming, wastewater treatment, and state financing agencies can provide new funding for on-farm polluted runoff projects.

Panelists from Iowa, Illinois, and the National Association of Clean Water Agencies discussed how flexible funding structures that pair farmland with wastewater treatment providers can achieve targeted nutrient reduction in their respective states, and what they plan to achieve in the future.

Recent experience has shown that water and sewer financing programs can provide additional flexible funding for projects on farms while meeting the nutrient management goals of wastewater treatment authorities.

In an effort to improve communication and environmental compliance globally, the International Network for Environmental Compliance and Enforcement, whose secretariat ELI hosts, has created Compliance Conversations, a network and capacity-building tool to support those working in the environment, development, or justice spaces. Through webinars launched in February, INECE convenes individuals from all over the world to discuss the cutting-edge environmental challenges their communities are facing.

The goal of the platform is to connect participants with experts from a variety of different backgrounds, experiences, and disciplines.

The first set of compliance conversations explored how stakeholders in off-grid communities can work to facilitate greywater treatment and reuse standards, led by Clive Lipchin, director of the Center for Transboundary Water Management at the Arava Institute.

Since shortly after the 2010 Deepwater Horizon oil spill, the Environmental Law Institute has received support from the Walton Family Foundation to work with communities throughout the Gulf Coast region on advancing sustainable and inclusive restoration.

A primary focus of ELI’s work is on supporting public participation in the processes that govern disbursement of restoration funds under the Natural Resource Damage Assessment process and the RESTORE Act, as well as through the National Fish and Wildlife Foundation.

ELI’s Gulf Team regularly hosts training sessions and workshops for communities throughout the region. In February, ELI experts met with community leaders and local government officials in Gulfport, Biloxi, and Moss Point, Mississippi, to elucidate the process of developing and submitting proposals for restoration projects.

Legal weed means legal means to reduce pollution.

ELI Report
Author
Laura Frederick - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
5

Now in their 29th year, ELI’s National Wetland Awards are presented to individuals who have excelled in wetlands protection, restoration, and education.

“These men and women are on the forefront of protecting wetland resources in the face of development and climate impacts,” said ELI President Scott Fulton. “Through their dedication and achievements, they inspire wetlands protection across the country and worldwide.”

The ceremony kicked off with a keynote speech from Leah Krider, senior counsel, environment, health, and safety, at the Boeing Company, who described its expansion and mitigation efforts in South Carolina.

“Conservation and economic growth are not mutually exclusive. Conservation is not only good for the environment, for the communities. It makes good economic sense,” Krider said.

Awardees were recognized for their individual achievements in six categories:

Landowner Stewardship: For 28 years, William and Jeanette Gibbons and their family have devoted their time and financial resources to restoring degraded land and water on their property at Cedar Breaks Ranch in Brookings, South Dakota. They developed their property into a showcase of how various conservation practices can be seamlessly and profitably integrated into a working farm. They also use their land to further research and education on natural resource management approaches.

Science Research: Kerstin Wasson is the research coordinator at the Elkhorn Slough National Estuarine Research Reserve in Watsonville, California. She engages citizen scientists in collecting water quality data and counting migratory shorebirds. She launched an ecosystem-based management initiative that brought together stakeholders to develop a shared vision for restoration of the estuary’s wetlands. Kerstin has led collaborative projects across the network of National Estuarine Reserves.

Education and Outreach: Mark D. Sees has served as the manager of Florida’s Orlando Wetlands Park for over 20 years. In addition to managing the wetland treatment system, he has evolved the park into a center of public recreation and wetlands education and research. He initiated the annual Orlando Wetlands Festival to provide 5,000 local children and adults an opportunity to tour the wetlands to understand their ecological importance.

State, Tribal, and Local Program Development: Maryann M. McGraw, wetland program coordinator for the New Mexico Environment Department, initiated the state’s wetlands program and continues to provide vision and guidance to ensure the program reflects the importance of wetlands and riparian areas in the arid west. She developed rapid assessment methods for montane and lowland riverine wetlands, confined valleys, and playas of the Southern High Plains, which provides data needed to underscore state wetlands water quality standards and anti-degradation policies.

Conservation and Restoration: Latimore M. Smith is a retired restoration ecologist with The Nature Conservancy in Covington, Louisiana. A botanist and plant community ecologist, he spent over 15 years with the Louisiana Natural Heritage Program, documenting the ecology of habitats across the state. He was the first to formally describe a variety of previously undocumented natural wetland communities, including rare longleaf pine flatwood wetlands.

Wetlands Business Leader: Roy R. “Robin” Lewis III of Salt Springs, Florida, was the winner of this new award. For more than four decades, Lewis has been at the vanguard of wetland restoration and creation, designing or assisting in the design of over 200 projects around the world. He founded two environmental consulting companies and is president of Coastal Resource Group, Inc., a nonprofit educational and scientific organization. He also works with the Association of State Wetland Managers to provide education opportunities and resources.

Ramsar Convention event presages 13th conference of parties

Before the 29th Annual National Wetlands Awards ceremony — see facing page — ELI hosted a panel discussion on the Ramsar Convention on Wetlands of International Importance.

The treaty calls attention to the rate at which wetland habitats are disappearing, in part due to a lack of understanding of their importance. The convention provides an international framework for action and cooperation to promote “the conservation and wise use of all wetlands through local and national actions and international cooperation.”

The United States became a party to the convention in 1986 and has since designated 38 sites covering 4.5 million acres nationwide.

Attendees of the program, An Introduction to the Ramsar Convention, learned about efforts at the local, national, and international level to implement the accord.

Panelists included Cade London, Fish and Wildlife Service; Maryann M. McGraw, New Mexico Environment Department; and Barbara De Rosa-Joynt of the State Department.

After receiving an overview of the evolution of the convention and insight into the international community, the audience heard about the primary goals of Ramsar at the domestic level.

The convention covers a broad range of ecosystems considered as natural and man-made. The final presentation focused on one Ramsar site in New Mexico. The Roswell Artesian Wetlands is a desert ecosystem made up of a complex of springs, lakes, sinkholes and saline wetlands situated along the Pecos River. These wetlands support over 360 species of waterfowl as well as other animals and plants, including a number of rare, endemic, and endangered species.

As panelist De Rosa-Joynt explained, wetlands knowledge and science is consistently evolving and informing the future goals of the convention.

The 13th conference of the parties will be held this fall in Dubai. Themed “Wetlands for a Sustainable Urban Future,” the conference is expected to draw over 1,200 representatives from the parties. On the agenda are climate change; agriculture; so-called “blue carbon”; and polar wetlands.

Aiding China in coming to grips with country’s excessive pollution

In March, ELI, with the assistance of the Pillsbury law firm, prepared a report, Managing Environmental Protection and Economic Considerations Under Select U.S. Environmental Laws and Permitting Systems, for China’s Ministry of Environmental Protection. The study explains how the United States has balanced economic considerations and environmental protection through the Clean Air Act, Clean Water Act, the Resource Conservation and Recovery Act, and the Endangered Species Act.

ELI and the China Environmental Protection Foundation then held capacity building workshops at the Tianjin University Law School on environmental public interest litigation. While the focus was on participation of Chinese NGOs, other entities involved included Supreme People’s Court judges and prosecutors from the Supreme People’s Procuratorate.

Reforms to China’s Environmental Protection Law establish authorities for the government and the public alike, with the added ability of authorized civil society groups to file citizen suits. However, the success of these improved systems relies on a multifaceted system of accountability, with both the government and civil society playing roles. ELI is providing technical assistance, capacity building, and legal training to NGOs that have been approved by the civil authorities to engage in civil environmental litigation.

ELI staff attorney Zhuoshi Liu has been a leader in this public interest environmental litigation capacity building work, and in developing and hosting the workshops. A China native, Liu brings a wealth of knowledge to ELI’s China Program and the Institute as a whole.

Participants also benefitted from the expertise of ELI faculty from the Institute’s extended community.

Jeff Gracer of Sive, Paget & Riesel P.C., a member of ELI’s Leadership Council, traveled to China for January’s conference. The conferences included presentations from Leadership Council members Robert (Buzz) Hines of Farella Braun + Martel LLP, and former ELI President Leslie Carothers as well as longtime member Dan Guttman of New York University Shanghai.

Field Notes: ELI on the scene in flooded Ohio, polluted Gulf

In summer 2017, ELI Senior Science and Policy Analyst, Rebecca Kihslinger, and ELI’s partners at the University of North Carolina’s Institute for the Environment, traveled to Ottawa, Ohio, where state and village officials and residents and business owners came together to brainstorm on uses for flood buyout properties during the Making the Most of Ottawa’s Floodplain Buyouts Workshop.

Ottawa had purchased 55 floodplain properties since 2008, totaling 25 acres, using funding from government grants, Hazard Mitigation Grants, and Hazard Mitigation Assistance grants. Recently, the Federal Emergency Management Agency approved the first of three major projects planned to utilize these buyout properties by the Greenspace Development Committee. A once vacant lot will become Rex Center Park.

In continuation of ELI’s work in the Gulf of Mexico since the BP oil spill eight years ago, ELI traveled to Gulfport, Mississippi, to encourage public engagement efforts. To help members of the public better understand how to get involved, ELI, along with Environmental Management Services, Mississippi Commercial Fisheries United, and Public Lab, co-sponsored an event on Engaging in the Gulf Restoration Processes: How the Public Can Help Shape Restoration. The goal of this event was to provide participants with tools and information that they can use to more effectively take part in and understand the restoration and recovery efforts.

On April 16, ELI and co-sponsors convened a panel of environmental justice leaders, including keynote speaker Rep. Raul Ruiz, co-author of the proposed Environmental Justice Act of 2017.

Continuing discussions from a panel held last November, speakers explored climate justice, siting issues, ramifications of extreme weather events on marginalized communities, and ways in which practitioners can empower and support environmental justice communities through their own work.

A networking reception followed to further conversation and discussion of key topics at the forefront of environmental justice. On display was the newly released book from ELI Press Environmental Justice: Legal Theory and Practice, 4th Edition.

After announcing his $1.5 trillion infrastructure plan, President Trump has sought to streamline and expedite the environmental review and permitting process for projects under multiple environmental laws, ranging from the National Environmental Policy Act, Endangered Species Act, and Migratory Bird Treaty Act to the Clean Air and Clean Water acts.

Trump submitted to Congress an ambitious legislative “roadmap,” which proposes a number of far-reaching changes to the environmental review framework with a goal of shortening the process for approving projects to two years or less.

To examine these developments ELI and Arnold & Porter cohosted a conference entitled Infrastructure Review and Permitting: Is Change in the Wind? High-level government officials, practitioners representing industry and environmental NGOs, and congressional representatives were present to address the wide range of environmental permitting and review challenges across sectors, including transportation, energy, transmission, renewables, and more.

Panelists discussed the role of policy and litigation in shaping these developments over the next years and beyond.

Latest flock of National Wetlands Awards winners.