Defining Protected Wetlands Gets Mucky

Developers are feeling encouraged by last month’s US Supreme
Court ruling on wetlands. The High Court was deciding on which wetlands deserve protection under the Clean Water Act. Some say it’s more likely
they’ll get their building permits now. Defenders of the Clean Water Act
think those high hopes are premature. The GLRC’s Tracy Samilton takes
us to the wetland where the fight began:

Transcript

Developers are feeling encouraged by last month’s U.S. Supreme Court
ruling on which wetlands deserve protection from development under the
Clean Water Act. Some say it’s more likely they’ll get their building
permits now. Defenders of the Clean Water Act think those high hopes are
premature. The GLRC’s Tracy Samilton takes us to the wetland where the
fight began.


Wetlands are supposed to be wet, right? Certainly wetter than this mucky little forest in
a township in Southeast Michigan, surrounded by subdivisions and strip malls. Tim Stoepker
leads the way through battalions of attacking mosquitoes. He points at a big puddle:


“Basically, you have a forested wetland here, with no diversity of plant life because you have
such a thick canopy of trees and you don’t typically have all your wetland,
typical wetland plants on the interior here because of that and because there’s no standing
water, you don’t have any of your aquatic species.”


Stoepker’s business suit trousers are getting streaked with mud but he keeps going. Next stop
is a drainage ditch at the edge of the property. It’s pretty dry:


“Now, if we were to come out here in August or July, I mean, that ditch would even be, there
would be nothing in that ditch.”


Stoepker has represented landowner Keith Carabell since the mid-1980s. Carabell was denied a permit
to build senior condos on his property. He appealed it all the way to the U.S. Supreme Court.
Stoker thinks if the nine Supreme Court Justices had seen this ditch in person, last month’s
wetlands decision would have been different. A majority would have ruled that the test for
Clean Water Act protection is permanent surface water flowing into a navigable water. Even so,
he’s optimistic. Five Justices reaffirmed that the Clean Water Act pertains only to wetlands
with a “significant nexus,” or connection, to navigable waters. He says that’s not the case
here:


“It’s hydrologically isolated from receiving and sending waters.”


But the U.S. Army Corps of Engineers sees it differently. The Corps is the agency that decides
if a wetland falls under the Clean Water Act. If so, it then issues or denies building permits.
The Corps told field officers not to talk to reporters about this or any case pending guidance
from headquarters. But a source familiar with Corps regulations says water from this wetland
does flow into the ditch. From there, it empties into a drain, which dumps into a stream and
then leads to Lake St. Clair a mile away, one of the most polluted bodies of water in the Great
Lakes region. The source says the wetland also connects to the drain on another side of the
property, and it will meet the significant nexus test when the case goes back to the lower
court.


Environmentalists like Jim Murphy of the National Wildlife Federation hope that’s true.
Murphy says small wetlands like this one need to be protected, despite their lack of surface
water and showy aquatic species:


“I think we make a mistake when we just feel that the only thing we need to protect are
charismatic wetlands, for a number of reasons. For one, even wetlands that don’t necessarily look that pretty
that pretty are oftentimes performing enormous functions, whether it be habitat, flood control,
water filtration….”


All functions that Army Corps of Engineers mentioned when it denied a permit in this case.
Murphy says the looming question now is, how will the agency react to the ruling? If they pull
back, he thinks we will lose wetlands at a much quicker pace. Or the Corps could interpret
the ruling as broadly as possible:


“We feel that if the Corps is willing to stand firm and be aggressive, that they can still
maintain protection for a good number of waters.”


Murphy thinks even at best, the Supreme Court ruling will encourage even more developers like
Keith Carabell to challenge permit denials in court. That may be true, but Tom Stoepker, the
attorney for Keith Caraball, says all that most developers want are more thoughtful decisions
from the Corps, and they want the Corps to back off from places it ought not to be. He says
that includes this wetland where anyone can see the water in it isn’t going anywhere.


For the GLRC, I’m Tracy Samilton.

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Greener Ways to Get a Green Lawn

  • For some people, lawn care is a choice between burning calories or burning fossil fuel. (Photo by Lester Graham)

Polls indicate the majority of people want to do better toward the environment. One of the most polluting activities at many homes is lawn care. Lawn mowers spew out emissions that pollute at a higher rate than cars. Lawn sprinklers can use massive amounts of water. And over-use of fertilizer can pollute nearby streams. The GLRC’s Lester Graham looks at simple things you can do to reduce pollution and still have a green lawn:

Transcript

Polls indicate the majority of people want to do better toward the
environment. One of the most polluting activities at many homes is lawn
care. Lawn mowers spew out emissions that pollute at a higher rate than
cars. Lawn sprinklers can use massive amounts of water. And over-use
of fertilizer can pollute nearby streams. The GLRC’s Lester Graham
looks at simple things you can do to reduce pollution and still have a
green lawn:


It figures that the day I went to talk to a turf expert about mowing and
lawn care… it would be raining.


“Well we needed it. So, I guess that’s the good thing about it.”


Tom Smith is the Executive Director of the Michigan Turfgrass
Foundation. He’s got all kinds of recommendations for how to properly
prep soil for lawns… but we wanted to limit this story to some simple,
practical things we can do with an existing lawn to reduce the impact to
the environment.


“One of the first things and easiest things you can do is mow high. In
fact, I tell most consumers, most residential facilities mow as high as you
can set your mower. Because, what that will do is you’ll get a better root
system, you’ll get more shading of that soil and you’ll have less water
loss.”


Smith works closely with the Michigan State University’s turf grass
research program. One of the things they’ve learned there goes against
some of the advice you might have heard in the past about watering. In
research that’s been going on since 1982, they’ve let Mother Nature take
care of one plot… another gets deep waterings a couple of times a
week… and a third gets daily watering, light rates, in the middle of the
heat of the day. The plot that looks best year after year… the one that
gets light watering, daily during the middle of the day. Most of the water
evaporates… but it reduces the heat stress on the grass… so it doesn’t go
dormant and brown. And Smith says it actually uses less water…


“In that research, we were able to reduce water use by about half by
doing daily watering at light rates in the middle of the day compared to
that deep infrequent watering.”


“Now, there are going to be some people who say ‘Look, I don’t want to
use water in a cosmetic way at all.’ Is there a grass that doesn’t use the
kind of water that most grasses we know do?”


“Actually there is one of our grasses that we recommend called Turf
Type Tall Fescue. Turf Type Tall Fescue is our most drought tolerant
grass. In most summers it will stay green without any supplemental
water.”


Smith says before you start spreading fertilizer on your lawn… you
should get a soil test to see exactly what you need. It’s an eight to ten
dollar test that can be done by your county extension office… and it’s
good for about three years. If you put fertilizer down without knowing…
you’re probably adding to the phosphorous and nitrogen pollution
problems in the streams and lakes in your area and beyond.


Keeping your equipment running well also helps reduce pollution. An
oil change in the lawn mower… and sharpening your mower blades.


(Sound of grinder)


Mark Collins maintains the turf plots at Michigan State University’s turf
grass program. His crew sharpens their blades every third mowing… but
they’re probably mowing a lot more than you do…


“Probably a homeowner should at least once a month. Just keep the
blade sharp. That’s the biggest thing. If it’s a sharp blade, then it cuts
the grass cleanly and you don’t get a frayed edge on the grass blade.”


And Collins says a mulching mower is best because it cuts the grass
blades into tiny bits that help fertilize the lawn… and reduces the need
for bagging your clippings.


And while we’re on the topic of mowers… recent years, lawn mower
manufacturers have been making more efficient, cleaner burning
machines… although they’ve resisted the idea of catalytic converters
which would greatly reduce emissions.


At Midwest Power Equipment, John Brown says there’s not a lot of
consumer pressure to make lawn mowers more environmentally
friendly…


“Nobody asks about environmentally friendly – or very, very few. Most
people want to know about power, they want to know about ease of use.
As far as environmentally friendly, it’s probably the last question that
comes up.”


But if you are interested… Brown says there’s a little bit of information
on emissions right on the mower.


“Yeah, there’s a little sticker that’s actually on – like on the ones I have
on the floor here – it’s wrapped around the gas tank. It says an air index
quality and it’s a one-to-ten scale, one being the best, ten being the worst.
So, you could look at it, kind of judge for yourself.”


So, using less water, planting hardy grass, using only the fertilizer you
need, keeping your machinery in good working order and buying the
least polluting models all help. But… there are soulutions… such as
planting more drought resistant shrubs and trees so that there’s not as
much grass to mow… and if you’re really adventurous… you can get a
manual reel mower… one with no engine… it just uses the energy you
provide by pushing it.


(Sound of a reel mower)


For the GLRC, I’m Lester Graham.

Related Links

Politics Delaying Lawn Mower Rules?

Members of Congress say politics is delaying EPA rules to reduce pollution from lawn mowers. The GLRC’s Lester Graham reports:

Transcript

Members of Congress say politics is delaying EPA rules to reduce
pollution from lawn mowers. The GLRC’s Lester Graham reports:


California is usually ahead of the nation in pollution restrictions. That’s
the case here. The state wants lawn mower manufacturers to add
catalytic converters to mowers to reduce emissions. Lawn mowers
generally pollute at a rate six times that of automobiles.


The EPA says it’s actively working on California’s request… but it’s
been slowed. One of the issues is whether a catalytic converter might be
a fire hazard on a lawn mower.


But another delay comes from U.S. Senator Kit Bond of Missouri. There
are two major Briggs and Stratton manufacturing plants in Missouri. The
small engine manufacturer says its tests show because they get so hot, a
catalytic converter is too much of a hazard on machines that come into
contact with dried grass.


Senator Bond has made a couple of maneuvers to delay a ruling for the
California request and a national ruling to clean up the lawn mower
emissions.


For the GLRC, this is Lester Graham.

Related Links

Cleaner Air, Higher Gas Prices?

  • The EPA is getting ready for smog season. (photo courtesy of USEPA)

The federal government’s tougher regulations on pollution might have consequences on prices at the gasoline pump. To meet the Clean Air Act, some areas might be required to use cleaner-burning fuels. That could make it tougher to get gasoline supplies where they need to be. And that could mean higher prices. The Great Lakes Radio Consortium’s Lester Graham reports:

Transcript

The federal government’s tougher regulations on pollution might have consequences on prices at
the gasoline pump. To meet the Clean Air Act some areas might be required to use cleaner-
burning fuels. That could make it tougher to get gasoline supplies where they need to be. And
that could mean higher prices. The Great Lakes Radio Consortium’s Lester Graham reports:


The Environmental Protection Agency says 31 states are not complying with the Clean Air Act.
The EPA indicates tougher standards for ground-level ozone make many areas that didn’t know
they had a problem in violation of air pollution laws.


John Mooney is an environmental specialist with the EPA. He says the government used to
check for ozone pollution for short periods… but started monitoring for longer periods and found
more instances of high levels of ozone.


“The other issue is that we’re changing the number of the standard from 120 down to 80 parts-
per-billion. So, it’s a lower level that we’re looking at. And we think that’s more reflective of
the health effects that are being caused by this pollutant.”


Ground-level ozone aggravates asthma. People with lung diseases can find it hard to breathe.
And those who work outdoors are affected by the unhealthy air.


Ozone is created when factories and cars emit volatile organic compounds. That chemical stew is
affected by sunlight and ozone can form. Cities that have had high ozone levels have worked to
reduce emissions from businesses, encouraged car-pooling, made announcements asking people
not to use gas-powered mowers on high ozone days.


And… for some cities… part of the solution has been reformulated gasoline. It’s gas that’s
cleaner burning. Different formulations are used in different areas. And… gas formulas change
from winter to summer. Refineries and gasoline suppliers have to empty their tanks and pipelines
before switching. That makes gas supplies tight for a while and that drives the price up. We
asked the EPA’s John Mooney about that.


LG: We’ve got several cities with reformulated gasoline right now and that’s put a strain on the
distribution system nation-wide. If more cities have to start using reformulated gasoline and each
city has to have a different formulation, that’s going to further strain the distribution problem at a
time when gasoline prices are at an all time high.


JM: “We’re extremely sensitive to the infrastructure issue and the energy issue and are trying to
promote clean-burning fuels that have environmental impacts without significant economic
disruptions. Having fuel shortages and price spikes and things of that nature don’t contribute to
the success of our mission to improve public health. And so, we’re going to be tied into the fuel
distribution issues and we’re going to be working with the oil refiners to make sure that the fuels
programs that are ultimately decided upon operate without significant disruptions.”


Significant disruptions that could cause gasoline shortages and high prices.


Bob Slaughter is the President of NPRA, the National Petrochemical & Refiners Association. He
says the government needs to work closely with gasoline suppliers to make sure that efforts to
make the air easier to breathe don’t make problems for the economy of an area.


“You know, you have to be very careful that you don’t have so many fuels in certain areas that it
becomes difficult to re-supply if there are problems, say, with a refinery or a pipeline in a
particular area.”


For instance, in recent years a fire at a refinery at a bad time meant shortages and higher prices.


But… even with lots of cooperation between government and the gasoline suppliers, the added
burden of different types of reformulated gasoline to the fuel distribution system might mean
spikes in gas prices.


(road sound, gas station)


We asked some people buying gas if they were willing to pay more if it meant cleaner air…


VOXPOP (voice 1) “Well, the gas prices are high enough. Uh, am I willing? I suppose so if it’s
better for the environment.” (voice 2) “Well, I think the federal government regulates everything
way too much right now. I think they do have a lot of safeguards in place right now to lower the
emissions in a lot of vehicles. Why do we have to make further regulation to control that?”
(voice 3) “I mean, I hate to – I hate to pay more gas prices. I really do. But, I guess for cleaner
air, it might be worth it.” (voice 4) “I haven’t thought about it too much. I pay what they make
me pay. I don’t care.”


The EPA is giving states and cities three years to get their ground-level ozone pollution problems
below the government’s new standards.


For the Great Lakes Radio Consortium, this is Lester Graham.

Related Links

Mallard Ducks on the Decline

  • In a narrow swath of grass in a roadside ditch, a mallard hen nests her second brood of the season, a rare event for these ducks. Her first ducklings were killed by a predator.

In the last decade or so, ducks in the Great Lakes region have not been reproducing as well as they have in the past. The number of ducklings hatching out and surviving to adults has dropped by about 25 percent. Researchers are trying to figure out why this is happening and what can be done about it. The Great Lakes Radio Consortium’s Lester Graham went into the field with researchers and has this report:

Transcript

In the last decade of so, ducks in the Great Lakes region have not been reproducing as well as they have in the past. The number of ducklings hatching out and surviving to adults has dropped by about twenty-five percent. Researchers are trying to figure out why this is happening, and what can be done about it. The Great Lakes Radio Consortium’s Lester Graham went into the field with researchers and has this report.


(sound of quack, quack overhead / cross fade to truck doors and engine startup/ bed of gravel sounds)


Mallard ducks are the most common duck found throughout the Great Lakes states. You’ll see them on farm ponds, college lagoons, and even in big city parks. But recently the mallard’s population hasn’t been growing as fast. The duck’s rate of reproduction has been falling off in the region since the mid-1980’s. Researchers with the sportsman’s conservation group, Ducks Unlimited, are involved in a three year study of mallards to find out why the ducks are not surviving in as great of numbers.


Tina Yerkes heads up the project. In a truck with something that looks like a TV antenna on top, fellow researcher John Simpson and she are in northwest Ohio, near Lake Erie, headed out to find some of the mallard hens. Tiny transmitters were surgically implanted in the ducks earlier this year and the antenna tracks the signals.


“So, this is the whole gizmo setup here. Everyday these guys go out and they track the birds. Each bird has a unique beep, if you will, uhm, a frequency. And that’s basically how we figure out what they’re doing. We started with 57 and you’re down to 38?
JS: Thirty-eight, roughly. And, eleven? JS: Twelve. Twelve have actually been killed, either by predators or farming operations on this site.”


(Truck sound under)


As the truck gets close to the last sighting of one of the mallard hens they’re tracking. John Simpson flips on the tracker and turns the antenna.


(beep beep sound)


He’s pulled over along a fairly busy road, and starts looking around in the roadside grass.


“So, she’s actually nesting in the ditch?”
“Yeah. I’m not entirely sure where her nest is here, so we’ve got to be careful.”


(sound of grass rustling)


It’s hard to believe a duck could find a place for a nest here. Most of the roadside is mowed except for a little strip of grass where we’re looking. She’s one lucky duck. A mower would kill her and destroy her nest.


“There she is right there. See her sitting on her nest?”


The mallard hen is three feet away and she’s still hard to see. John
Simpson has to flush her so that he can take a look at the eggs in the nest.


(Sound of flapping wings)


“There she goes.”
“She’s got a pile of eggs too. That’s her second nest.”
“That’s her second nest?”
“Yeah. She had a pile in her first nest.”
“Twelve eggs? Is that right?”
“Eleven.”
“Eleven?”
“Yep.”


(Ambience remains under)


The duck lost her first brood to a predator. Since she had nested close to a subdivision, it could have been a dog or cat. But the researchers say in this case it was probably a wild predator, maybe a raccoon.


“And, once we’re finished, we’ll just cover the nest so the predators don’t see it and we leave.”


It’s very rare that a mallard hen tries twice to raise a brood, But in this area the ducks are adopting a lot of unusual behaviors. Since there’s almost no grassland to nest in, hens have nested in hay fields where they’re usually killed at mowing time. One hen made a nest in a large flowerpot. At our next stop we found a duck in the backyard of a mobile home, and her eggs had just hatched.


(Peep, peep, peep of the ducklings)


The owner mowed around the duck’s nest, giving the mother and her eggs a chance to survive. Now that they’ve hatched, they’ll head to the water nearby. Tina Yerkes says development pressures have hurt the ducks here.


“In Ohio, we’re looking at pretty bad brood survival which tells us that probably we need to alter the landscape by putting wetlands back—by restoring wetlands and managed marshes for the broods. And then, probably also coupling that with some grassland habitat, ’cause as you can see, there’s not a lot of grassland habitat for them to nest in here. We need to improve that.”


The Ducks Unlimited researchers are getting some indications about what kinds of things are hurting the ducks ability to reproduce. Besides the loss of wetlands the researchers are finding that farming practices such as frequently mowing ditches and urban sprawl taking up grasslands are all contributing to a high mortality rate among ducklings and sitting hens. But the researchers haven’t collected enough information yet to make any solid conclusions. It’ll be two more years and many more sites before the Ducks Unlimited researchers have enough hard data.


Robert Payne is the Curator of Birds at the University of Michigan Museum of Zoology. He says while to researchers it might seem pretty clear that people are causing the lower rates of production in the duck population. Information like the Ducks Unlimited group is gathering will be helpful.


“Well, it seems to be common sense: the more people, the more development you have, the fewer places there are going to be for birds. But the people in our society who make the decisions like to have some data out there. (They) Like to know how many ducks, how much land, and so on. Otherwise, these people can’t really figure how much land the really should set aside for the ducks. No data, no well informed decisions.”


(sounds of birds and bullfrogs)


But some people might find data that are supposed to help ducks gathered by a group that’s chiefly supported by people who kill ducks for sport might be a bit of a conflict, or at least very self-serving. Ducks Unlimited researcher Tina Yerkes says there’s a larger purpose here than merely making hunters happy.


“The purpose is not necessarily to create more ducks to shoot, but the purpose is to alter and affect the landscape in a positive way for all the species that need the landscape. So, we’re trying to take a step back and determine what the wildlife needs and help put it back on the ground for the wildlife.”


Predictions are that the human population around the Great Lakes will steadily increase for the foreseeable future, and if the researchers’ early indications hold, it’ll likely affect the duck population even more. This study, when it’s complete, might give policy makers the information they need to find a balance between the needs of people and the needs of wildlife as the conflict between the two grows in the Great Lakes region.


For the Great Lakes Radio Consortium, this is Lester Graham.

Related Links

MALLARD DUCKS ON THE DECLINE (Short Version)

Mallards are the most common duck in the Great Lakes region, but their numbers have been declining during the last few years. The Great Lakes Radio Consortium’s Lester Graham reports:

Transcript

Mallards are the most common duck in the Great Lakes region, but their numbers have been declining during the last few years. The Great Lakes Radio Consortium’s
Lester Graham reports.


The sportsmen’s conservation group, Ducks Unlimited is involved in a three year study, trying to learn why mallard duck populations are not increasing in the same numbers they once were. Tina Yerkes is a research biologist with the organization. She says starting in the mid-1950’s mallard flocks were growing at a pretty rapid rate.


“In the Great Lakes area, after the mid-80’s until now the production ratio has dropped and it’s dropped pretty sharply. And that for us is a warning bell, if you will, that something is going on in this area that’s causing birds not to do well.”


Yerkes and a team of biologists in Michigan, Wisconsin, and Ohio are tracking mallard hens and their broods. Early indications are that loss of habitat is beginning to affect the duck populations in the region. For the Great Lakes Radio Consortium, this is Lester Graham.