Clean Water Act Clear as Mud

  • Two Supreme Court rulings have left landowners, regulators, and lower courts confused over what waterways are protected by the Clean Water Act. (Photo courtesy of Abby Batchelder CC-2.0)

The nation started cleaning up lakes and rivers in 1972 after passing the Clean Water Act. But two U-S Supreme Court rulings have left some waterways unprotected from pollution. Mark Brush visited one couple who says a lake they used was polluted and the government has let them down:

Transcript

The nation started cleaning up lakes and rivers in 1972 after passing the Clean Water Act. But two U-S Supreme Court rulings have left some waterways unprotected from pollution. Mark Brush visited one couple who says a lake they used was polluted and the government has let them down:

Sheila Fitzgibbons and her husband Richard Ellison were looking for a good spot to open up a scuba diving business. They found Cedar Lake in Michigan. Unlike the other lakes they looked at, this was crystal clear water.

“Ours always stayed clean and it took care of itself and aquatic plants were very healthy. We had a lot of nice fish in here – healthy fish that only go into clear water.”

They said they could take six scuba diving students underwater at a time – and have no problem keeping track of them because the water was so clear.

But that all changed in the spring of 2004. Richard Ellison was in the lake on a dive:

“We were with our students down on the bottom, doing skills and stuff with them, and all of the sudden it sort of looked like a big cloud come over, you know. And the next thing you know, it just turned dark and it was just all muddy. It looked like we were swimming in chocolate milk.”

Ellison and Fitzgibbons say the lake was never the same after that. They blamed the local government’s new storm drain. They said it dumped dirty water right into the lake. Local officials said it wasn’t their new drain, but a big rainstorm that was to blame.

Fitzgibbons and Ellison sued in federal court. They said the new drain violated the Clean Water Act. The local government argued, among other things, that the lake was not protected by the Clean Water Act. The case was dismissed – and Fitzgibbons and Ellison closed their dive shop.

Just what can or cannot be protected by the Clean Water Act used to be an easy question to answer. But two Supreme Court rulings – one in 2001 and one in 2006 – muddied the waters.

After the rulings, it wasn’t clear whether a lot of isolated lakes, wetlands and streams still were protected by the Clean Water Act.

Some developers and farmers saw the court rulings as a big win. They felt the government had been exercising too much power over waterways, limiting what they could build or do on their own property.

Jan Goldman-Carter is a lawyer with the National Wildlife Federation. She says the people who enforce the nation’s water protection laws were left scratching their heads after the rulings:

“The confusion generated by these decisions has wrapped up the agencies, the courts, and even landowners and local governments with really not knowing when a water is protected or not. And that’s had the effect of actually, kind of, unraveling the fabric of the Clean Water Act, which really is our primary protection of our nation’s water supplies.”

Goldman Carter says – polluters are getting the signal. In many places – no one is watching:

“When the polluters recognize that basically the enforcers are not out there, and no one’s really in a position to deter their activities, it’s a lot cheaper for them to pollute than to follow the law.”

The New York Times recently reported that judgments against major polluters have fallen by almost half since the Supreme Court rulings.

In 2008 EPA officials said the rulings kept them from pursuing hundreds of water pollution enforcement cases. We asked for an interview with the EPA officials, but they would only answer questions by e-mail. They agreed the Supreme Court decisions do limit their ability to protect water quality.

The EPA is now calling on Congress to pass a new law. It’s called The Clean Water Restoration Act. The bill’s sponsors say they want to put back what was taken away by the Supreme Court.

The bill was introduced a year ago. It’s been stalled in Congress ever since.

For The Environment Report, I’m Mark Brush.

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Interview: Asian Carp

  • Asian Carp can weigh up to 100 pounds and are notorious for jumping out of the water and injuring boaters. (Photo courtesy of the US Fish and Wildlife Service)

The US Supreme Court has turned
down a request from Michigan and
other Great Lakes states. They
wanted the locks in a canal to
be closed immediately. That man-made
canal artificially connects the
Mississippi River system and the
Great Lakes. For now at least,
those locks will stay open to cargo
traffic. This fight is all about
a fish, a type of Asian Carp, that
many people don’t want to get into
the Great Lakes. Lester Graham
spoke with David Jude about the
threat of the fish. Jude is a
research scientist and fish biologist
at the University of Michigan:

Transcript

The US Supreme Court has turned
down a request from Michigan and
other Great Lakes states. They
wanted the locks in a canal to
be closed immediately. That man-made
canal artificially connects the
Mississippi River system and the
Great Lakes. For now at least,
those locks will stay open to cargo
traffic. This fight is all about
a fish, a type of Asian Carp, that
many people don’t want to get into
the Great Lakes. Lester Graham
spoke with David Jude about the
threat of the fish. Jude is a
research scientist and fish biologist
at the University of Michigan:

Lester: We keep hearing if this fish gets into the Great Lakes system, it will be devastating for the ecology of the lakes, ruin the commercial and recreational fishing. What is it that all these people think this Asian Carp fish will do to the Great Lakes?

David Jude: Well, I am sure they all watch the video where the fish are jumping out of the river, in the Illinois River, and harming some biologists and some people that are there.

Lester: Smacks them in the head!

David: Yes, so they are very concerned about that. And then biologists are concerned about the fact that they have taken over the river there, they are very voracious feeders, and so they have really crowded out a lot of other fish in the river. So there are a lot of things that are going on with regards to impacts on humans as well as impacts on fish communities that we certainly don’t like.

Lester: And these are big fish, they are up to 100 pounds.

David: Exactly.

Lester: There’s this electric barrier in place in the canal that is supposed to prevent these Asian Carp from swimming from the Mississippi River into the Great Lakes. Environmentalists say that there’s still too much of a risk, too many scenarios where the fish could get through because of flooding or some other scenario, and that canal should be closed. The Obama Administration is fighting that, the state of Illinois if fighting that, they say we need that open. There’s barge traffic carrying steel and rock and gravel and grain, all of this seems to be coming down to money. Is money the right measure when we’re looking at this situation?

David: No, it’s not. I mean traditionally, we’ve gone into the, a lot of these decisions are made and the environmental costs are not taken into consideration. The costs of having that canal open are going to be very very high and, uh, and you have to balance it against what the sport fishery and the commercial fishery is the Great Lakes is going to be because once they get in there it’s going to be a very detrimental impact on them.

Lester: This fish is knocking at the door, we’re not even sure it’s not already in, so, is there a certain inevitability that this fish is going to be in the Great Lakes and we should just start making plans to deal with it?

David: Well, I don’t think it’s inevitable and I think if we did stop them and somehow were able to shut down the Chicago Ship and Sanitary Canal and prevent that avenue, we’d go a long way toward preventing them from coming in. The other avenue for them getting in, of course, is people that like to eat them and they might bring them in and stock them. So, I think we should be doing everything we can right now to stop them, I mean this is our opportunity to do that. But, the other part of it is, because they’re so close, and because as you know there probably could be some in the Lakes already, you know, we should be prepared to have some plans on what we might want to do to try to, you know, focus on some of these optimal spawning sites and see what we can do to keep their populations down there.

Lester: David Jude is a research scientist and fish biologist at the University of Michigan. Thanks for coming in!

David: Oh, my pleasure.

Related Links

Asian Carp Update

  • Charter boat captain Eric Stuecher says Asian Carp will likely ruin his business. (Photo by Jennifer Guerra)

A big monster of a fish is at
the center of a US Supreme Court
case. Asian Carp are making their
way up the Mississippi towards the
Great Lakes. Michigan’s Attorney
General filed a lawsuit asking the
Court to close a Chicago canal in
order to keep the carp out. The
shipping industry says, ‘no can do.’
Jennifer Guerra has
a closer look at what’s at stake:

Transcript

A big monster of a fish is at
the center of a US Supreme Court
case. Asian Carp are making their
way up the Mississippi towards the
Great Lakes. Michigan’s Attorney
General filed a lawsuit asking the
Court to close a Chicago canal in
order to keep the carp out. The
shipping industry says, ‘no can do.’
Jennifer Guerra has
a closer look at what’s at stake:

There’s one way to look at this as a purely economic story. In one corner you’ve got the people who ship cargo by water.

“Lynne Munch, senior vice president regional advocacy of the American Waterways Operators.”

She says, if the Illinois is forced to close two of the locks in the Chicago canal permanently, more than 17 million tons of cargo will have to be shipped by truck instead of barge, and hundreds of jobs will be lost.

“One company alone has reported that they will lose 93 jobs next year if the locks are closed. One of our towing companies estimates they’ll lose more than 130 jobs if the locks are closed.”

In the other corner, you’ve got the seven billion dollar tourism and fishing industries.

“Oh hi, I’m Eric Stuecher, I own a company called Great Lakes Fishing Charters.”

Stuecher takes people out on the Great Lakes and in rivers across Michigan. Salmon, Trout, Perch, you name it, he’ll help you fish it. But if the invasive Asian Carp get into the Great Lakes?

“It would probably cost me the business. They’ll eat anything they can get in their mouths, to the demise of so many of our other game fish.”

So that’s the economic side of the story. But what if we told you there’s more at stake here than dollars and cents.

“In terms of environmental impact, the Asian carp have the potential to seriously disrupt the Great Lakes ecosystem.”

That’s Marc Gaden with the Great Lakes Fisheries Commission. He says there are already a lot of pests in the Lakes.

“There are 180 non-native species in the Great Lakes, many of which came in accidentally. Precisely two of them can be controlled. That’s it. So that’s why biologists and others are very, very concerned about the Asian carp. Once they get in, the cat’s out of the bag.”

Asian Carp were first brought to the states by Southern catfish farmers. The carp escaped the South in the 1990s because of flooding and have been making their way north ever since. These fish are huge. They can grow to four feet and weigh up to 100 pounds, and they reproduce like crazy. In some areas, they reproduce so much that by weight they account for more than 90 percent of the fish in the Mississippi River system.

So you can see why people around the Great Lakes don’t want them.

That’s why Gaden and a lot of other scientists say we should somehow block the man-made canal that connects the big rivers to the Great Lakes for barges carrying cargo.

“We need to be open to saying, just because we’ve been moving goods on the canal by barge for decades and decades, doesn’t mean we need to continue to do it that way. Is there a better way to do it? Can we shift it to rail?”

Gaden and others have been arguing for 15 years to get some kind of permanent barrier built in order to stop invasive species from moving from one ecosystem to another.

“The government agencies that are responsible for doing things on that canal are not moving at the speed of carp, they’re moving at the speed of government. And we don’t have a minute to spare.”

That’s because new DNA tests suggest that Asian carp have moved well beyond the electric barrier meant to keep them out of Lake Michigan.

For The Environment Report, I’m Jennifer Guerra.

Related Links

The State of the Nation’s Lakes

  • The EPA found that 44% of the nation's lakes ranked fair or poor. (Photo by Randolph Femmer, courtesy of the National Biological Information Infrastructure)

The Environmental Protection Agency
has released its first comprehensive
survey of the nation’s lakes. Samara Freemark tells us what
the study turned up:

Transcript

The Environmental Protection Agency
has released its first comprehensive
survey of the nation’s lakes. Samara Freemark tells us what
the study turned up:

More than half the nation’s lakes are in good condition. That’s according to a nationwide survey just released by the EPA. But the agency found that 44% of lakes ranked only fair or poor.

The survey identified two major problems facing lakes. First, many of them are surrounded by development. And that can mean dirt and polluted water running off into the lakes.

And second, many lakes contained high levels of nitrogen and phosphorus, which can lead to harmful algae blooms.

Susan Holdsworth is with the EPA. She says those findings were concerning.

“These stressors are both widespread and pose a significant threat to the condition of our nation’s lakes.”

Holdsworth says the EPA will use the data to assess how well government programs are doing at protecting lakes. The results will also help set future EPA priorities.

For The Environment Report, I’m Samara Freemark.

Related Links

Dirty Gold

  • Mary Yeboa lives new Newmont's mine - an American gold mining company. (Photo by Anna Boiko-Weyrauch)

Buying a piece of jewelry for
someone is often an emotional
celebration. But some people
are concerned about the damage
caused by mining that gold.
Anna Boiko-Weyrauch takes us from
the jewelry store to the gold mine:

(Research assistance
provided by the Investigative Fund
of the Nation Institute.)

Transcript

Buying a piece of jewelry for
someone is often an emotional
celebration. But some people
are concerned about the damage
caused by mining that gold.
Anna Boiko-Weyrauch takes us from
the jewelry store to the gold mine:

“It is a white gold band, with a star sapphire in the middle.”

In New York City, Sarah Lenigan is showing off her engagement ring. She got married this summer in California. Nowadays some people like her are starting to wonder where the stuff they buy comes from, including their wedding rings.

“You know the idea of the blood diamond, and not just the movie but, you do think about these things when you think about real jewelry. And this is the first time we’ve bought real jewelry, so it was a whole new ball game, I guess.”

It’s hard to say exactly where the gold in Sarah’s ring came from. Gold isn’t like other commodities – it’s almost impossible to track. But more and more, gold like Sarah’s is coming out of Ghana, in West Africa.

(driving sounds)

We’re driving over a dam on the Subri river in Ghana. The country used to be called the Gold Coast and today it’s the second largest producer of gold in Africa. Most of the gold comes out of a number of large surface mines. They’re all owned by companies from abroad.

At this dam, the American gold mining company, Newmont, stores water and waste from its gold mine.

Adusah Yakubu is with me. He’s a member of a local advocacy group. One side of the dam is green forest and clear water. But the other side looks like the surface of the moon.

“It looks like there’s cement in the river. It’s very hard, and it’s very gray. (What is that?) It’s a tailings dam.”

A tailings dam is where mining companies put waste from processing gold. After the precious metal is extracted, you get a mixture of sand and water. It also contains cyanide. Now, the chemical is poisonous, but it’s used all the time in gold mining. And miners work to control it.

But there are also accidents. Some of that waste overflowed this fall at Newmont’s mine, and killed fish downstream. The company says it was a minor event.

For the people who live around Newmont’s mine, the operations have really disrupted their lives. This river used to be the main source of drinking water and food for nearby villages. Kwame Kumah and his wife, Mary Yeboa live by the dam. They say they used to rely on the river for a lot of things.

“There are so many different things we got from the river. You could even get food from it, like fish, crab. But nowadays we can’t get anything from it.”

Now they can’t go near the water because of security guards. Newmont gave the community a well to make up for it. But the villagers say the dam has brought more mosquitoes, and with the mosquitos, disease. Although the company sold them discounted mosquito nets, Mary Yeboa says she gets sick much more than before.

“Right now, my body hurts all over. As I’m talking to you I have a headache, it really hurts. I don’t feel well at all.”

The gold mining company, Newmont declined to comment for this story.

The company sells its gold on the world market. Some people might buy it as investments, others for manufacturing. Or, it could end up as jewelry, like Sarah Lenigan’s engagement ring. That’s actually where most new gold goes, to jewelry.

Soon jewelry consumers, who care about their impact might be able to get some guidance. Certification systems such as the Responsible Jewelry Council are looking at gold, from the mine to the store.

Council CEO, Michael Rae says they are trying to clean up the jewelry business.

“It looks at environmental performance, social performance, labor standards, occupational health and safety, child labor issues and also in business ethics.”

The system won’t guarantee that gold or diamonds are from a specific mine, but it will reveal whether retailers and miners are making an effort to play fair.

Many jewelry and mining companies have signed on to the code. Newmont, the owner of the mine in Ghana we visited, is not a current member.

For The Environment Report, I’m Anna Boiko-Weyrauch.

Related Links

Fish Swimming in Hormones

  • Fish are putting up less of a fight on the line when caught - making them less fun for sport fishing. (Photo courtesy of the National Park Service)

A recent report from the US Geological
Survey confirms past findings that fish
are in trouble. Tanya Ott
reports the hormone estrogen is getting
into rivers and lakes and could reduce
fish populations:

Transcript

A recent report from the US Geological
Survey confirms past findings that fish
are in trouble. Tanya Ott
reports the hormone estrogen is getting
into rivers and lakes and could reduce
fish populations:

The fish have been turning up with lesions and intersexed –
meaning they have both male and female characteristics.

Rob Angus is a fish biologist at the University of Alabama at Birmingham.
He wasn’t involved in the USGS research, but has studied the problem for
more than a decade. The culprit?

“You’re a female? You excrete estrogens. Both natural estrogens,
the estrogenst that are in birth control pills, females that are
on estrogen replacement therapy. All of those end up in the
wastewater stream.”

Wastewater treatment plants clean up about 90 percent of the
estrogen, but the remaining ten percent is a problem.

Fish don’t reproduce as easily. And, for sport fishers, the fish
aren’t as much fun to catch. They don’t put up as much of a fight
on the line. That could affect the 75 billion dollars sport fishing industry.

For The Environment Report, I’m Tanya Ott.

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Flushing Out Unwanted Stowaways

  • A ship shown emptying its ballast tanks. (Photo courtesy of the United States Geological Survey)

Invasive species like the zebra mussel
have spread into lakes and rivers across
the country. But scientists are cautiously
optimistic they’re on the right track
to closing the front door to new invaders.
David Sommerstein reports:

Transcript

Invasive species like the zebra mussel
have spread into lakes and rivers across
the country. But scientists are cautiously
optimistic they’re on the right track
to closing the front door to new invaders.
David Sommerstein reports:

Most invasive species have snuck into American waters by hitchhiking in the ballast water of foreign ships. They cause billions of dollars of damage to economies and ecosystems.

Researcher David Reid keeps the official list of invasive species in the Great Lakes. He’s with the National Oceanic and Atmospheric Administration. He says a new invader hasn’t been found there since 2006, a period of three years.

“The last time that occurred in our records was in the 1950s.”

Reid has his fingers crossed.

A new rule requires ships to flush their ballast out in the ocean before entering American waters. Reid says it seems to be working.

“We’ve found that saltwater is really quite effective against most of types of organisms that are likely to survive fresh water.”

The invasive species problem is far from over. Researchers are testing out technology to kill critters that can live in saltwater, too.

For The Environment Report, I’m David Sommerstein.

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New Water Plan for California

  • Two-thirds of California’s rain and snow falls in the north, but two-thirds of its population lives in the south. (Photo courtesy of NASA)

One of the most drought-ridden
states says it’s finally found
a solution to its water problems.
Amy Standen reports:

Transcript

One of the most drought-ridden
states says it’s finally found
a solution to its water problems.
Amy Standen reports:

Two thirds of California’s rain and snow falls in the north. Two thirds of its population lives in the south. So who should get the water?

It took weeks of intense deal making and years of debate in the state capitol to find an answer. But the new law is not without its critics.

Peter Gleick is a water expert at the Pacific Institute. He says the measure fails to force users – especially farmers– to account for what they use.

” We will never ultimately, sustainably manage our water resources if we don’t know who is using how much water to do what. And we don’t, with any degree of accuracy. And that’s still not addressed in this bill.”

The deal calls for greater efficiency, especially in cities.

But nothing happens until voters agree to chip in for the plan, with an 11 billion dollar bond measure to pay for a new distribution system.

For The Environment Report, I’m Amy Standen.

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Preview: The Trail of Dioxin and Dow

  • A Dow Chemical sign on the Tittabawassee River stating 'Enter At Your Own Risk' (Photo by Vincent Duffy)

If you learned your town was polluted
with toxic waste, you’d just want to
get it cleaned up. That’s not how things
have worked out with dioxin contamination
in central Michigan. Dioxin’s been a problem
for at least 30 years, but the Dow Chemical
Company, the federal government, and
the state of Michigan are just now hashing
out final cleanup plans. We had Shawn
Allee tour the area to see the
extent of the problem and what’s at stake
for the rest of us:

Transcript

If you learned your town was polluted
with toxic waste, you’d just want to
get it cleaned up. That’s not how things
have worked out with dioxin contamination
in central Michigan. Dioxin’s been a problem
for at least 30 years, but the Dow Chemical
Company, the federal government, and
the state of Michigan are just now hashing
out final cleanup plans. We had Shawn
Allee tour the area to see the
extent of the problem and what’s at stake
for the rest of us:

I wanted to begin my tour with interviews at Dow’s chemical plant in Midland. That’s where dioxin and related compounds were created: the dioxins were by-products of chemical manufacturing.

After a month of calls and emails to Dow, a spokeswoman said the company was interested in talking about the future – not the past. But the past is the reason there’s a problem now.

So, I start my tour a bit downstream.

Michelle Hurd Riddick picks me up near the plant. She’s with The Lone Tree Council, a Michigan environmental group. We follow the Tittabawassee River and the path dioxins took over time.

“This is Freeland Festival Park. Freeland is kind of like a bedroom community of Midland.“

Hurd Riddick says fishing is a huge past time in Michigan – but dioxin’s made it complicated.

Allee: “There’s a fish-advisory sign right there.“

Riddick: “Right. So, they’re telling you to not eat the fish.“

Actually, the signs tell you which fish to avoid, and how much to eat, or not. The US Environmental Protection agency worries dioxin causes cancer and diseases that affect immune, reproductive, and developmental systems.

“Pregnant women shouldn’t eat any, children under a certain age should only eat it once a month.“

Fish advisories cropped up in 1978. That’s after Dow warned Michigan and the federal government about dioxin in the Tittabawassee River. While the plant’s dioxin pollution is well below federal limits, the old dioxins are still around, and they’re not just in the river.

Allee: “Where we coming up here?“

Riddick: “This is Imerman Park, it’s on the Tittabawassee, too, and it’s very frequently flooded.“

Flood waters leave behind contaminated silt. Dioxin’s been found in the soil of yards and in parks like this. One worry is that kids would get exposed by getting dirt in their mouths.

Riddick: “Those are the hand washing sinks. They put the sinks there to use the hand-washing sink to wash their hands as a way to mitigate their exposure.“

Allee: “There’s the sign – contamination advisory: avoid contact with soil and river sediment. Please use soap and water to wash off soil and sediment.“

Other parks and some yards had soil scraped and removed. Dow cleaned up several dioxin hot-spots in recent years. Michigan and the US EPA want more of a top-to-bottom effort. That might include a sweep of fifty miles of river and part of the Great Lakes.

Riddick: “This is the Saginaw Bay of Lake Huron. As a child, I came up here a lot. I’m sure someplace I have a picture of me near these trees.“

Riddick’s middle-aged now. The dioxin was in rivers and Lake Huron before she was born. No one knew that far back. But residents did learn about the problem thirty years ago. Today Dow, the US EPA and Michigan are still debating a final solution.

“We’ve had many, many starts. If I had a nickel for every time I heard someone say this is how we’re going to achieve this cleanup, I’d be a wealthy woman.“

Hurd Riddick says the whole country should care about how this plays out.

Riddick: “People need to care about how this process because could play out in your community.“

Allee: “Maybe not dioxin but something else?“

Riddick: “You want to know that that the people your tax dollars are paying to protect you are the ones calling the shots.“

A final dioxin-clean up could take more than ten years. Michelle Hurd Riddick says she can wait that long – if it’s done right.

But she says it wouldn’t hurt if the clean-up got started now.

For The Environment Report, I’m Shawn Allee.

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Americans Using Less Water

  • We use about 410-billion gallons of water a day in the U.S. (Photo courtesy of the US EPA)

Even as the population grows, the
US is using less water. Lester
Graham has the numbers from a new
report on water use from the US
Geological Survey:

Transcript

Even as the population grows, the
US is using less water. Lester
Graham has the numbers from a new
report on water use from the US
Geological Survey:

We use about 410-billion gallons of water a day in the U.S. But, water use per person is down. And, total water use for the nation is down about 5% from 1980 to 2005, the latest year covered by the report.

Susan Hutson is one of the authors of the Geological Survey report. She says there are a lot of factors affecting water use.

“Water conservation education, a public policy that supports that water conservation, and inovative technology, primarily in irrigation and the generation of thermo-electric power, the use of water for the cooling.”

There are still some problems. Some agricultural areas are using water faster than aquifers can be replenished. And, as we build more power plants -the biggest users of water – it will mean more demand in the future.

For The Environment Report, I’m Lester Graham.

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