COLUMBUS, Ohio – In the wake of the recent chemical spill in West Virginia that tainted the water supply for 300,000 people, there's a call to beef up protections for water Ohioans depend on.

The U.S. Coast Guard is expected to decide soon on whether to allow waste from fracking to be shipped along U.S. waterways, including the Ohio River.

Jim O'Reilly, a professor of public health and law at the University of Cincinnati, says if there were an accident, it would affect the water supply for dozens of communities.

"The people who pay for their water coming from the Ohio River expect a quality that we can serve to our children, not a chemical residue and radioactive residue from the waste that's drilled in the fracking wells of Pennsylvania, Ohio and West Virginia," he says.

Those in favor say the practice is safer than transportation by truck and rail, allows for larger quantities of waste to be moved and creates jobs in the industry.

Those opposed say there are too many risks involved in the waste full of toxic chemicals and radioactive materials.

More than 23,000 people have signed a petition opposing the Coast Guard's recommendations and asking for tighter regulations.

O'Reilly says setting regulations for water routes for shipping waste would be ideal, but it's been done through a policy letter – and he claims there's a lack of accountability.

"It's especially irresponsible,” he maintains. “The Coast Guard is doing it by a back-door, using policy letter rather than do what most agencies do, which is adopt a regulation after using an environmental impact statement."

The Coast Guard proposal would require each barge load to be tested before shipment.

O'Reilly says that's not enough, because moving it down the river would expose people to the costly problems that could occur should there be an accident.

And he adds that it's the taxpayers who would pay instead of the fracking companies.

"Instead of cleaning the waste, they want to simply shove it under the rug, put it on a barge and ship it away,” he points out. “That risk of loss is significant.

“The companies involved in the drilling and fracking ought to pay to neutralize and clean up that waste before it goes anywhere and they're not willing to do that."

O'Reilly adds that the company responsible in the West Virginia spill, Freedom Industries, filed bankruptcy protection not long after the incident.





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The U.S. Supreme Court has gutted federal protections for much of the country's wetlands.

The court found that the Waters of the United States rule, part of the Clean Water Act, only applies to wetlands with a surface connection to a navigable body of water. Conservation groups have said that puts up to 80% of U.S. wetlands at risk for pollution and development, with ephemeral streams and headwaters in western states at particular risk.

Alex Funk, director of water resources and senior counsel for the Theodore Roosevelt Conservation Partnership, predicted the ruling will have widespread negative consequences.

"This is going to put major setbacks on our ability to adapt to climate change, respond to extreme weather events," he said. "So, anyone that hunts, fishes, or recreates - there was a big hit to that from the court."

The case was brought by a family in Idaho that was prevented from building on their land. The court unanimously decided that the EPA rule did not apply to their property, but then went much further, narrowing the authority of the agency nationwide.

Supporters cheered the ruling, saying the Obama-era Waters of the U.S. rule went too far and had been a burden to property owners.

Funk said pristine wetlands are the superstars of the natural infrastructure.

"Everything from mitigating downstream flooding impacts by absorbing runoff and precipitation to encouraging groundwater recharge, to improving water quality and capturing sediment, and other pollutants that might end up in drinking-water supplies," he said, "and, of course, the fish and wildlife impacts."

California Gov. Gavin Newsom said in a statement that "California has adopted some of the strongest laws in this country to protect our waters and the environment, and we will continue enforcing our own laws vigorously."

Environmental advocates say the U.S. Supreme Court has dealt a major blow to the Clean Water Act and to Maine's ability to protect some of its most pristine wetlands.

A 5-4 decision in Sackett v. EPA held wetlands can only be regulated under the Clean Water Act if they have a "continuous surface connection" to larger, regulated bodies of water.

Alex Funk, director of water resources and senior counsel for the Theodore Roosevelt Conservation Partnership, said the ruling eliminates federal protections for nearly all wetlands in the country.

"Anyone that hunts, fishes, recreates or uses water, there was a big hit to that today from the court," Funk asserted.

The high court ruled in favor of an Idaho couple who had been prevented from building a home near a lake federal officials identified as also containing wetland property and required a special permit. About one-fourth of Maine's land area is wetlands, which is four times the wetland area of the other five New England states combined.

Maine's coastal waters, rivers and lakes all depend on wetlands to filter out pollutants. Wetlands also serve as vital habitat for wildlife and flood protection for communities.

John Rumpler, clean water program director for Environment Maine, called today's ruling a devastating blow to protecting the state's waterways, and a misguided interpretation of the Clean Water Act.

"If a vast number of acres of remaining wetlands in Maine are no longer protected by our federal Clean Water Act, then there's a risk that polluters and developers will run amok and put our water at risk," Rumpler contended.

Rumpler stressed it is now up to state agencies and lawmakers in Augusta to ensure all of Maine's waterways, especially its wetlands, are protected by state law. He argued Congress will eventually need to create greater federal protections for the nation's vital water resources.

From protecting and studying waterways to addressing chronic wasting disease, conservation voices say there are a lot of important items in Minnesota's environmental and energy spending bill. Supporters say it brings sharper focus to many long-standing requests.

With Democrats holding majorities, the Legislature approved a nearly $2 billion omnibus bill to cover environmental, climate and energy priorities.

Jeff Forester, executive director of Minnesota Lakes and Rivers Advocates, said investments like improving boat ramps will help stop the spread of aquatic invasive species.

"Where does it get into the lakes? It gets into the lakes at the boat ramps as equipment and watercraft are moved from one lake to another," Forester explained. "So making those investments in the boat ramps in signage and places to pull over, it really is an integrated package."

He also applauded provisions to rein in harmful PFAS chemicals and their connection to waterways and fish. Another item bans new deer farms in hopes of limiting the spread of chronic wasting disease.

Some fee hikes will be used to help cover the new spending, including higher boat registration fees. Republican lawmakers voiced opposition to those aspects of the plan.

Forester credits lawmakers for addressing many long-standing issues, while also looking ahead so agencies and conservation groups are not blindsided by other climate threats down the road. He added part of the forward thinking is a 50-year water study included in the bill.

"Given current conditions, what can we expect the quality and the quantity of water to be in Minnesota in 50 years? What's it going to look like?" Forester asked. "That's such a simple question, but it hasn't been studied yet."

The bill also wove in the issue of environmental justice, by adding regulations taking into account the cumulative effect of a development project might pose health risks to historically marginalized communities. However, the provision was watered down from the original proposal introduced earlier this session.


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