ELI Report
Author
Akielly Hu - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
5

National Wetlands Awards Digitally recognizing five exemplary stewards of country’s natural history and heritage

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 state and local governments.

What is usually a moving ceremony held on Capitol Hill was instead conducted digitally this year.

Full descriptions of each award winner are at www.elinwa.org.

Award for Business Leadership. Russell J. Furnari is the manager of environmental policy enterprise for Public Service Enterprise Group and serves as chairman of the New Jersey Corporate Wetlands Restoration Partnership. The NJCWRP is a unique public-private collaborative focused on restoring, preserving, enhancing, and protecting aquatic habitats throughout New Jersey.

Through Russ’s leadership and commitment, the partnership has experienced extraordinary success and is considered a model for similar groups across the nation. Since its inception in 2003, NJCWRP has raised more than one million dollars in contributions and pledges of in-kind services from its corporate partners, NGOs, and academia. NJCWRP’s projects are located throughout New Jersey and have aided in the preservation of more than 724 acres and 35 stream miles.

One project, the Upper Wallkill Watershed Riparian Restoration and Floodplain Reforestation Initiative, aims to restore a degraded section of the Wallkill river while educating the next generation of students engaged in environmental protection. With the help of 200 middle and high school students, the first phase of the project resulted in the restoration of 4.5 acres of habitat and improved surface water quality. When completed, the entire project has the potential to restore more than 60 acres of vital habitat.

According to his supporters, Russ’s work building partnerships among diverse interests, identifying and successfully generating funding, and guiding projects through myriad approval processes have been critical to NJCWRP’s success. Russ exemplifies the importance of having strong support from the business community in helping to sustain and enhance wetlands and the environment for the future.

Award for Youth Leadership. Sonja Michaluk is a research scientist, writer, environmental educator, and founder of a genetics and microbiology lab. At 17 years old, Sonja has been a certified water monitor since she was six and has advocated on behalf of wetlands since she was 11.

Between 2014 and 2020, Sonja contributed to the preservation of over 50 acres of ecologically sensitive wetlands and wildlife corridors in central New Jersey. Her data also helped minimize the impacts of a natural gas pipeline. These research results, submitted to the New Jersey Department of Environmental Protection, as well as Sonja’s testimony to the Federal Energy Regulatory Commission, helped save 1,800 trees and mitigated damage to waterways.

Sonja has been honored for her work locally and internationally. She was called a “Force of Nature” by Friends of Hopewell Valley Open Space, served as a keynote speaker at The Alliance for Watershed Education’s River Days event, and has been praised by the New Jersey Senate and General Assembly and acknowledged by the New Jersey governor. Before the pandemic, she was flown to Sweden to represent the United States at World Water Week and at a climate change symposium. Her research has been published in the Encyclopedia Britannica, and she has presented at numerous conferences and was featured in films about climate change and the environment.

Sonja’s supporters say her familiarity with freshwater ecology and the ease with which she explains scientific concepts to others make her an effective teacher. She has been educating the public about wetlands conservation and water monitoring for over ten years.

Sonja’s current work includes a project to preserve 200 acres of threatened wetlands and old growth forest in Princeton, New Jersey, in collaboration with Ridgeview Conservancy and the Watershed Institute.

Award for Wetlands Program Development. Lauren Driscoll has been committed to wetlands conservation and restoration for more than 25 years.

Lauren has managed the wetlands program at the Washington State Department of Ecology since 2005. In her position, she advances the agency’s role in the protection of wetland resources throughout the state. This includes ensuring statewide consistency in implementation of the Clean Water Act Section 401 water quality certifications for wetlands, developing and delivering technical tools and science-based guidance, and providing expert technical assistance to local wetland regulators. Lauren also mentors wetland technical staff across the state and secures grants for wetlands program activities.

Lauren’s expertise in wetland policy and mitigation has substantially strengthened the state’s work in these areas. She played a major role in establishing the state’s wetland bank certification program, and continues to provide oversight for Washington’s wetlands compliance and wetland banking programs.

Lauren’s work often serves as a model for other programs across the country. For example, she oversaw the development of Washington’s first EPA-approved Wetland Program Plan, a six-year strategy that formalizes program development and provides a longer-term vision for the state’s wetland management. Washington’s approach to the plan inspired several other states. Similarly, Lauren worked with the state’s interagency Voluntary Stewardship Program committee to create a coordinated and comprehensive statewide stewardship approach that serves as a national model.

Lauren has worked tirelessly to not only strengthen wetlands protection in her own state but also to actively engage in national planning and decision-making. These efforts include coordinating the state’s response to several federal rulemakings, such as the Navigable Waters Protection Rule.

Lauren’s supporters describe her as a skilled communicator who can bridge the gap between policymakers and scientists, and engage with an often diverse and divisive state legislature. Through her outstanding communication and leadership, Lauren has managed to keep the wetlands program intact by demonstrating its importance even during lean economic times.

Her dedication and expertise have earned her the respect of colleagues across the country.

Award for Local Stewardship. Wenley Ferguson has spent the last 31 years working for Save The Bay, an environmental nonprofit organization in Providence, Rhode Island, where she now serves as director of habitat restoration.

Throughout her career, Wenley has partnered with federal, state, and local entities to advance projects that restore and enhance coastal and estuarine habitats and improve community resilience, working tirelessly to bring projects from conception to implementation and adaptive management.

Wenley is a leader in identifying and assessing climate change impacts to coastal wetlands within Rhode Island and southeastern Massachusetts. She is also an expert in advancing new and emerging restoration and management approaches in the southern New England region.

Wenley and her Save The Bay colleagues were the first to identify the drowning of otherwise healthy coastal marshes in Rhode Island due to sea level rise. Using a monitoring and assessment program developed by Save The Bay and state partners, two of these marshes were identified as especially vulnerable to accelerated rising waters. Wenley worked tirelessly with local, state, and federal partners to restore the drowning marshes and build their resiliency to climate change.

As a leader in her organization and community, Wenley is involved in all facets of coastal restoration projects. She is consistently on the ground assessing project success, adaptively managing projects, developing community engagement and outreach strategies, and supporting student researchers. Active in local education, Wenley has also led volunteer teams to engage local communities and advocates about the importance of conserving marsh migration corridors. She collaborates with local researchers and has contributed to several peer-reviewed publications related to coastal marsh conditions and restoration.

Award for Promoting Awareness. Xavier Cortada is an artist and professor of practice in the University of Miami’s Department of Art and Art History. For 15 years, Xavier has creatively harnessed the power of art to motivate fellow Miami-Dade County residents to learn about, conserve, and restore mangrove wetlands.

Xavier’s highly innovative eco-art projects include a volunteering project that encouraged neighbors to build up climate change resiliency by growing salt-tolerant mangroves in their yards. He also created the nation’s first underwater homeowner’s association to address the threat of rising seas and saltwater intrusion into a community’s freshwater aquifer.

One of Xavier’s most notable eco-art initiatives is the Reclamation Project, which aimed to engage “eco-emissaries” in rebuilding ecosystems above and below the waterline. Volunteers installed meticulously arranged grids of mangrove propagules in water-filled cups in the street-facing windows of local restaurants and shops. Passersby, intrigued by the displays, often asked for more information or read the accompanying information about mangroves. When the propagules matured, volunteers replanted them in a community ritual reclaiming the water’s edge for nature.

Xavier repeated the project annually for six years, reaching roughly 200,000 people. To date, the project has engaged over 10,000 volunteer participants, helping to restore 25 acres of coastal habitat.

After 2012, the Miami-Dade County community assumed responsibility for the project. It continues today through volunteers at the Frost Science Museum, in public schools county-wide, and in communities across Florida and beyond who have emulated Xavier’s project.

Newest Winners of ELI’S National Wetlands Awards.

Developments May Influence Track of Chesapeake Bay Restoration Job Trajectory
Author
Linda K. Breggin - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
5
Linda K. Breggin

Chesapeake Bay restoration efforts are at a critical juncture. The country’s largest estuary is both environmentally significant (estimated to support over 3,600 plant and animal species) and economically important (valued at over a trillion dollars by a blue ribbon panel). But a recent University of Maryland report card gives the bay a “C” health score, based on 10 indicators that include dissolved oxygen, nitrogen, and phosphorus. The score reflects only a “slightly improving trend” over the last 35 years.

Whether progress can ramp up will hinge on the resolution of a bevy of recent developments, all of which highlight the governance challenges that mark the decades-long cleanup effort. To succeed, restoration efforts require not only interstate coordination among the watershed jurisdictions — Delaware, the District of Columbia, Maryland, New York, Pennsylvania, Virginia, and West Virginia — but also federal and state partnerships, as well as collaboration with the watershed’s 1,800 local governments. Add to the mix private environmental governance initiatives which involve businesses and households doing their part, and the landscape is even more complex.

Today, watershed restoration efforts are governed, in part, by an EPA Total Maximum Daily Load level that sets out pollution reductions for nitrogen, phosphorus, and sediment designed to “ensure that all pollution control measures needed to fully restore the bay and its tidal rivers are in place by 2025.” In addition, the TMDL is supported by an accountability framework that includes “rigorous accountability measures to ensure cleanup commitments are met, including short- and long-term benchmarks, a tracking and accountability system for jurisdiction activities, and federal contingency actions that can be employed if necessary to spur progress.”

However, EPA’s assessment that the most recent Pennsylvania and New York Watershed Implementation Plans, known as WIPs, fail to achieve their cleanup commitments quickly laid bare the complicated governance dynamics at hand. This is not the first time that Pennsylvania — the state responsible for almost half of the nitrogen and a quarter of the sediment that enters the bay — has lagged behind. An implementation funding gap is causing additional consternation.

In the absence of EPA follow-up, the Chesapeake Bay Foundation and its partners, as well as several state attorneys general, filed lawsuits to require the federal agency to take actions to ensure the plans will achieve the required nutrient reductions and water quality goals. The litigation is pending.

Another developing situation involves the Conowingo dam WIP that was developed when it became clear that the reservoir behind the dam was reaching capacity and could not continue to trap sediment and nutrient pollution — a situation that could lead to “catastrophic events,” whereby “large slugs of pollution” escape into the bay, according to the CBF’s Jon Mueller. EPA has flagged several concerns, noting its lack of confidence that the plan “will be fully implemented to meet the necessary nitrogen reductions without dedicated funding mechanisms in place” — a concern that remains unaddressed.

Also in flux are the Biden administration’s overall efforts to chart a path forward in the wake of the prior administration’s efforts to eviscerate bay restoration support and clean water regulatory protections. Mueller points out that “bedrock” pieces of the federal regulatory scheme that were undermined during the last administration need to be in place for restoration efforts to succeed, citing the Waters of the United States rule as an example. In addition, according to Mueller, “It’s crunch time if we are going to meet the 2025 targets,” and that means the administration needs to quickly fill high- level government positions, in order to achieve necessary policy changes.

Another potential game changer is a recent Maryland court decision that the state is required to regulate air emissions of ammonia as a water pollutant pursuant to the Clean Water Act and state law. The court explained that millions of pounds of manure generated by concentrated animal feed operations release ammonia, which is blown out of poultry houses by industrial fans to settle on nearby land and water, “causing significant pollution to the bay.” The opinion is stayed pending appeal.

Also subject to a recent stay order is a Maryland county’s lawsuit against fossil fuel companies seeking to hold them liable for “climate crisis-caused environmental changes,” including costs incurred for measures to protect the bay’s “fragile ecosystems.” The case follows similar actions brought by Baltimore and Annapolis that are winding through the courts.

These myriad pending policy, budget, personnel, and judicial decisions make the trajectory of bay restoration murky for now — hopefully they will resolve in a manner that allows cleanup efforts to rush forward rather than stagnate.

Developments May Influence Track of Chesapeake Bay Restoration Job Trajectory.

Floodplain Buyouts, Community Resilience and Habitat Connectivity

Since 1993, FEMA’s Hazard Mitigation Grant Program has funded the acquisition of over 55,000 flood-damaged properties. Under FEMA’s acquisition programs, once properties are purchased following a disaster, existing structures must be removed and the land must be dedicated to open space, recreational, or wetland management uses. These properties can offer opportunities to restore and permanently protect natural habitats and help conserve biodiversity, while also providing community amenities and improving resilience.

Catalyzing Redevelopment: Innovative Approaches and Emerging Best Practices in State Petroleum Brownfield Initiatives
Author
Sharee Williamson, Sandra Nichols, Jordan Diamond, Lisa Goldman
Date Released
July 2013

Across the country, states are experimenting with innovative new approaches to brownfields and petroleum brownfields remediation and redevelopment. Through simplified regulatory processes, new methods for supporting redevelopment, and greater information sharing, states are overcoming longstanding obstacles to remediation projects. This report provides concrete examples of applied practices and programs currently in use throughout the country, along with information about regulatory and procedural changes that states have successfully deployed.

Hazard Mitigation Planning

Recently, increased emphasis has been placed on non-structural and nature-based hazard mitigation solutions, including the restoration of wetlands and floodplains, as cost-effective alternatives for flood hazard mitigation that also help achieve conservation goals like maintaining biodiversity. FEMA hazard mitigation grant programs could provide potential funding that could pay for the restoration and protection of critical natural infrastructure and improve outcomes and reduce costs from the next disaster.