SANTA FE, N. M. – New Mexico is among thirteen states suing the Environmental Protection Agency (EPA) over its updated Clean Water Rule.

The lawsuit filed this week, claims the rule amounts to a power grab by the federal government, seeking greater control over state and local waters.

However, at the Center for Biological Diversity, Brett Hartl sees it differently. His group is concerned the updated Clean Water Rule actually removes protections for some waterways. Hartl, the center's endangered species policy director, is concerned the states are trying to further diminish the rule.

"They might be saying that this is a 'huge overreach,' but I have a feeling that behind closed doors they're probably, I think, fairly happy with what the final rule looked like," Hartl says. "But they're going to keep going, because once you smell blood in the water, you don't stop."

Supporters, including sportsmen's groups, say the Clean Water Rule needed the update, and that it restores protections for headwaters, some streams and wetland habitat left uncertain after two U.S. Supreme Court rulings.

Hartl says previously, protections for wetlands were considered on a case-by-case basis, irrespective of location. He points out that the new rule mandates that wetlands be within 4,000 feet of a river or a stream to qualify for federal protections.

"In the old system, there was a chance to protect something that was more than 4,000 feet away from a stream - now there isn't," he explains. "The old system at least had the possibility to protect wetlands, and the new system doesn't."

The other states involved in the litigation are Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, North Dakota, South Dakota, and Wyoming.



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A Virginia group is working out ways to reforest former mines across Appalachia.

The state has several hundred thousand acres of mine land, which was being handled under the Virginia Department of Energy's Abandoned Mine Land Economic Revitalization Program. But other groups feel reforesting mine lands can play a role in reducing global carbon levels.

Diana Dombrowski, carbon research fellow at Appalachian Voices, said this is the kind of project the carbon-offset market can invest in.

"They're interested in projects that not only are maybe more local, to where they're based, but also have an environmental justice perspective," Dombrowski explained. "When it comes to the work of reforesting mine land, we're aware of a need in central Appalachia."

The process begins with reclaiming the mine land, which could cost from $7.5 billion to almost $10 billion. But the carbon offset market made $277 billion last year, so it sounds possible. There also are other options available. The Bipartisan Infrastructure Law provides almost $113 billion, appropriated for Virginia's Abandoned Mine Reclamation Fund.

Reforesting former mining areas can help Virginia achieve its climate goals. The projects can add to resilience against storms for communities, and help keep air and soil healthy.

Dombrowski noted other challenges could come up, such as how to identify the best sites for reforesting projects.

"Designing a project that can plan for the most carbon sequestration," Dombrowski suggested. "Where you pick the best land versus a project where you are maybe running over an average, that maybe people will see in the public at large."

Since the work is in the earliest phases, other challenges could arise. Dombrowski pointed out one priority is to focus on environmental justice. She added if any projects turn a profit, the funds will be reinvested into the workforce or materials to keep the work going.

Wildlife advocates are pushing back on a bill in Congress which would remove federal wilderness protections from some Montana land.

There are currently 44 Wilderness Study Areas, making up a million acres of Montana's wildest prairies, river breaks, deep forests and mountain peaks in all corners of the state. Experts agreed they provide unparalleled wildlife habitat, clean air and water.

But Senate Bill 2216, sponsored by Sen. Steve Daines, R-Mont., would remove 100,000 acres from the study areas, including Hoodoo Mountain, Wales Creek and the Middle Fork of the Judith River.

Gayle Joslin, a retired wildlife biologist for the state of Montana, called it a move in the wrong direction.

"These areas would be released to mining, to timber harvest, to recreational development," Joslin pointed out.

A 2022 voter survey found only 6% of Montanans support eliminating protections from the study areas. Daines and other supporters of what's been dubbed the "Montana Sportsmen Conservation Act" countered the study areas are "restrictive" and could be better managed to mitigate wildfire risk and increase public access.

The wilderness areas are open to recreational users but not to motorized vehicles, which the bill would change. It is a slimmed-down version of a measure Daines introduced in 2017, which would have removed protections from 500,000 acres but was defeated.

Joslin argued Montana residents are unanimous in their support for public lands and for many reasons, not the least of which is they are disappearing.

"They are simply not making wild country anymore," Joslin stressed. "Every acre we lose is a loss for wildlife and for, really, wildland scenic and spiritual opportunities for people."

Polls also show close to three-quarters of Montanans want to maintain or increase environmental protections and see development as a 'serious threat.' Critics of the bill said Daines sidestepped input from the public and from federal environmental officials. The measure awaits action in the full Senate.


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The Arizona Governor's Office of Resilience and industry leaders discussed clean energy investments in the state at Honeywell's facility in Phoenix Monday.

The event highlighted the partnership between the public and private sectors and how federal funds can be leveraged to continue making investments in renewable energy sources across Arizona, made available through the bipartisan infrastructure law and the Inflation Reduction Act.

Blaise Caudill, energy policy adviser to Arizona Gov. Katie Hobbs, contended when Arizona industry thrives, so do Arizona families. "Emerging, advancing and exciting," are some of the words Caudill used to describe Arizona's current clean energy economy.

"A few months back, the governor was able to attend a ribbon cutting in Northern Arizona for a wind farm," Caudill recounted. "What was so unique about this project in particular was that this wind farm was placed on and co-sited with the largest cattle lands in the state. That is truly Arizona."

Caudill argued it is remarkable to see what he called "one of Arizona's initial five C's - being cattle," coexisting alongside efforts to better handle the state's "emerging climate." He added it is an exciting time for the state to continue developing the clean energy economy, and encourages Arizona stakeholders to expand workforce development programs to meet the state's needs.

David Shilliday, vice president and general manager of advanced air mobility for Honeywell, said the company has had a long-standing history with the state of Arizona and currently employs about 10,000 people, adding they are interested in not just today's economy, but the future.

Shilliday contended the state could improve the current infrastructure of clean energy, which requires establishing improved facilities and fostering what he calls the "workforce of the future."

"We're also deeply involved in local universities," Shilliday pointed out. "To ensure that there are opportunities for developing the curricula for what we think the future needs are for a resilient and enduring Arizona economy that leans forward into this clean energy space."

Shilliday added Honeywell has been able to tap into incentives made available by the bipartisan infrastructure law and the Inflation Reduction Act, and invested the resources in what he called clean energy solutions, renewable energy as well as to upgrade their facilities.