PORTLAND, Ore. – The EPA was handed a setback by the U.S. Supreme Court on Monday.

The justices voted five to four that before the agency put a new rule into effect to control toxic pollution from power plants, it should have considered the cost to industry to comply with it.

The decision doesn't reverse the rule, but it could mean a delay in some plants reducing their emissions of mercury and other toxins.

Jim Pew with the lawfirm Earthjustice says delays have been norm since 2000 in implementing the Mercury and Air Toxics Standards (MATS).

"Everyone has known for decades that power plants are the worst toxic-emitters," he says. "The industry has been fighting tooth-and-nail against controlling its pollution, very successfully, for years. Even if they succeed in nothing but delaying these controls, they save a lot of money."

The MATS rule covers airborne pollutants that affect people with breathing problems, and some water pollution. Many states, including Oregon, have fish consumption warnings in effect for high mercury content – and the EPA says power plants are the primary sources of mercury.

The EPA estimates between 4,000 and 11,000 premature deaths would be prevented nationwide with the MATS rule in effect, but the energy industry told the court compliance would cost almost $10 billion a year.

Carrie Nyssen, vice president for advocacy and air quality for the American Lung Association of the Mountain Pacific, says it's a frequent, and unfortunate, comparison.

"In today's political environment, that is a constant battle that we have," she says. "Human health versus the cost of business. While it's a setback, we've had cleanup that has begun in 40 states."

The case goes back to a lower court to determine how the EPA should factor in costs to the energy industry.

In the Pacific Northwest, plans to close two coal-fired power plants are already on track. The conservative American Action Forum says nationally, 24 plants could close rather than install the pollution controls, which it says will cost jobs and power-generating capacity.


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As the Sunshine State grapples with rising temperatures and escalating weather events such as hurricanes, a new study sheds light on the pivotal role of Florida's Wildlife Corridor in mitigating the effects of climate change coupled with a surge of new residents.

The report is trumpeted as a first-of-its-kind study showcasing how the 18 million acres of the Wildlife Corridor, which runs throughout the entire state, ease the worst impact of climate change. It paints a picture of investing in resources supporting cohabitation to be mutually beneficial with nature and the economic growth coming from people who flock to the state to enjoy it.

Colin Polsky, professor and founding director of the School of Environmental, Coastal and Ocean Sustainability at Florida Atlantic University, and the study's lead author, said the corridor benefits the state.

"It's an attempt to welcome the 1,000 people a day approximately who move to Florida, but to do so in a way that allows for the wildlife to continue to thrive," Polsky explained.

About 10 million of the 18 million acres of corridor are permanently conserved. The report calls on state leaders to keep working on investing the remaining 8 million. In March, the governor and Cabinet touted the state's largest investment in decades, a 25,000-acre acquisition within the Caloosahatchee-Big Cypress Corridor.

Joshua Daskin, project manager and director of conservation at the Archbold Biological Station, said since the corridor effort was steering billions of dollars toward land conservation in the state, the report's focus is on showing the science behind it all.

"Climate resilience is one area in which land conservation can help both nature and people," Daskin pointed out. "But no one had assembled the state of the science for all of the ways that climate resilience can be impacted by land conservation."

The report shows 24% of all Florida properties have a more than one in four chance of being affected by flooding in the next 30 years. To combat it, one solution is to keep floodplains undeveloped. The corridors have 10 million acres of floodplain. The report also recommends mixed-use development to minimize habitat fragmentation and keep working lands in production.


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Ballots are due back in the Montana Secretary of State's office later this week, as lawmakers decide
whether to override Gov. Greg Gianforte's veto of a high-profile funding bill that would reapportion money from the state's marijuana sales tax.

Gianforte vetoed Senate Bill 442 after the Montana Senate had adjourned last session, which left lawmakers no chance to override it.

It would fund veterans' services, provide permanent property tax relief for vets & Gold Star families, invest in county road maintenance, and support land conservation and habitat management.

Montana Wildlife Federation Executive Director Frank Szollosi said the legislation has received broad support inside and outside the capitol.

"That's why agricultural interests have supported 442," said Szollosi. "Counties have supported 442, and the conservation & sporting communities have supportted 442, and local governments."

Gianforte said in his veto note that using state funds for local responsibilities such as road improvements is a "slippery slope."

A veto override requires the approval of two-thirds of lawmakers. Ballots are due back in the Secretary of State's office on Thursday.

Twenty percent of the sales tax revenue would be used specifically for habitat conservation - but equally important, supporters say, is the money that would be spent to improve veterans' programs and rural infrastructure.

The bill's sponsor, state Sen. Mike Lang - R-Malta - said S.B. 442 would provide services for groups that have not historically shared common interests.

"I just want to bridge the gap," said Lang, "between recreationists and hunters, and private landowners."

Critics of SB 442 have argued the funding distribution formula isn't equitable, while supporters say it directs resources towards those who need them most.

The bill passed the Legislature with 130 of 150 votes in last year's session.

More than $11 million in federal grant money will go to improve land and water conservation in the upper Verde River Watershed and Big Chino Grasslands in north central Arizona.

The grant requires a 50% non-federal match, which The Nature Conservancy Arizona and partners will provide - bringing the total to $23 million.

Kimberly Schonek - Arizona water director for the conservancy - said the Verde River is one of the state's last free-flowing rivers, and calls it a "critical water supply" for not only the Phoenix metro area but for the biodiversity around the river, which starts just north of Prescott.

She said the conservancy in Arizona will be using the money to purchase easements from willing landowners to ensure land preservation and limit groundwater use.

"The landowner will continue to ranch and farm their property into the future," said Schonek, "but it'll restrict that ability for them to develop it, and what that does is keep the water use on the land what it is now."

Schonek said as Arizona thinks about its future, it's important to limit the amount of water use in what she calls a "critical area."

She added that her organization has been enacting conservation easements and other measures along the Verde River since 2012.

Schonek said no landowners are required to participate, but adds many find value in being compensated and reinvesting those funds onto their properties.

Schonek said over the last 20-years, with drought, they've noticed river levels drop - and have also seen land usage around the river change.

She added that while certain areas of the river have less flow, others are now experiencing more water due to the collaborative work the conservancy and agricultural partners have fostered.

"So the future looks good, so long as the community continues to engage, and everybody has a part to play," said Schonek. "And so we are really excited and optimistic to continue partnering with rural communities and agriculture in protecting this river for the future."

Schonek said it is exciting to see this level of investment as they've been working on conservation efforts for decades.

She added that this is by the far the largest amount of money that'll be dedicated to the Verde River.




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