NEW YORK – A federal appeals court has dismissed a challenge to New York State's denial of a water-quality permit for the Constitution Pipeline. The 124-mile natural-gas pipeline had received approval from the Federal Energy Regulatory Commission or FERC.

But under section 401 of the Clean Water Act, states also have a say. New York's Department of Environmental Conservation says the Constitution Pipeline Company failed to turn over necessary information and denied the water quality certification last year.

Attorney Mike Dulong with Hudson Riverkeeper, calls the appeals-court ruling "precedent setting."

"This should give environmental advocates and states certainty that states have the right to protect their waters," he says.

The pipeline builder says the completed project would create jobs, reduce energy costs and address concerns about air quality.

But environmental groups point out the pipeline's route would affect 500 acres of forest, 85 acres of wetland and cross 251 streams. While plans called for drilling under some streams, Dulong says the pipeline would have crossed others by digging trenches through them.

"Which has the potential to cause a lot of soil erosion and suspended sediment," he explains. "That's harmful for fish, for recreation and fishing, and it can have permanent impacts on those streams."

He adds that no plans were provided for crossing some of the rivers and streams along the route.

And while environmentalists are celebrating the court ruling as a victory for clean water, Dulong emphasizes that it's a victory for the climate as well.

"Really, it's a victory for New York State," he added. "We should be turning to clean energy, and we should not be building out fossil-fuel infrastructure that's going to stick around for another 50 or 100 years."

Natural gas burns cleaner than coal or oil - but methane, its main component, is a powerful greenhouse gas.


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A U.S. Supreme Court case that began in Idaho has weakened protections across the nation under the Clean Water Act.

The justices on Thursday handed down a 5-4 decision that will undo federal safeguards for wetlands. The case stems from a couple's attempt to build a house in Priest Lake, Idaho. The Environmental Protection Agency informed the couple that backfilling on the property violated the Clean Water Act because it was affecting sensitive wetland habitat. The couple sued the agency.

Alex Funk, director of water resources and senior counsel for the Theodore Roosevelt Conservation Partnership, said the decision is a blow in many respects, including to people who enjoy the outdoors.

"For the hunting, fishing and sporting, and even kind of the broader outdoor rec community," he said, "these wetlands provide so many public values that are now at significant risk from development and other impacts."

In its decision, the majority wrote that Clean Water Act protections extend only to wetlands "indistinguishable" from larger bodies of water. It could affect up to 90 million acres of wetlands across the country.

Funk said wetlands are vital ecosystems providing benefits that tend to go unrecognized.

"If anything," he said, "this is going to put major setbacks on things like our ability to adapt to climate change, respond to extreme weather events, drought."

He noted that these habitats are essential for clean water, flood mitigation and storing carbon. Wetlands cover 386,000 acres in Idaho, according to the U.S. Geological Survey.

For the first time in nearly three years, the widespread drought that has had Iowa in its grip is predicted to end. The latest drought outlook says the tinder-dry weather pattern will lift later this year.

The last time no part of Iowa was abnormally dry was in April 2020, according to the federal Climate Prediction Center's latest seasonal outlook. Justin Glisan, Iowa's state climatologist, said much wetter-than-normal spring weather, including the severe weather events that came with it, will kickstart the state's long climb back from the drought.

"Three years of precipitation deficits stacking up to 25 inches below average," he said. "We've started to put a dent in those longer-term deficits. We're seeing improvement, and contraction of the drought region."

May and June are normally Iowa's wettest months, and Glisan said the precipitation is still "ramping up." He added that this will be good for farmers who are planting crops and can look forward to more moisture than they've had recently.

Parts of Iowa have seen rainfall up to 6 inches above normal recently. Glisan said it's being driven by the El Niño weather pattern that is expected to intensify in the coming weeks. El Niño results from warmer-than-normal Pacific Ocean temperatures near the equator, and causes more rain in the Midwest. That's a positive for farmers, he said, as opposed to the La Niña pattern, which creates drier conditions in the region.

"We're moving in the right direction, trend-wise, in terms of the large-scale atmospheric setup that would support more rainfall during the growing season," he said, "as opposed to those La Nina signals that we had for the last three years."

Ironically, despite the pervasive drought, Iowa corn yield averages in the past two years have been among the state's highest in history.


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Arizona environmental-justice advocates are celebrating some big wins passed through the state budget.

One of the provisions, Senate Bill 1689, also known as the Trees for Kids bill, will make $300,000 available to make tree shade a reality for low-income schools across the state.

Vania Guevara, advocacy director for Chispa Arizona, said the efforts will help mitigate extreme heat in communities, while also providing a healthier learning environment for students.

"For me, the revolution starts with our little ones," Guevara emphasized. "I think that if we are able to have the best quality of life for them and sort of create a nurturing, beautiful environment where they can learn, thrive and continue to grow alongside with nature, we are setting our state up for success and I think our future would be in good hands."

Guevara pointed out the funding will be distributed by the Department of Education on a first-come, first-served basis to schools serving 75% or more students eligible for free or reduced-price lunch. She acknowledged improving tree coverage is expensive, but hopes the funds can help address some of the inadequacies in the state.

Guevara noted the bill aligns itself with Chispa Arizona's priorities. The group is aiming to increase tree shade canopies and cool corridors in Arizona communities by 20% by 2030 as they say communities of color are "excessively impacted by extreme heat."

Guevara added she is thankful to state Sen. Mitzi Epstein, D-Tempe, who introduced the bill, and to Gov. Katie Hobbs for her commitment to supporting the environment.

"We knew it was going to be hard to pass," Guevara admitted. "When we found out that it made it into the budget because of some of our allies and the governor's Office of Resiliency and their support, we were extremely pleased."

Guevara argued green infrastructure is crucial for overall community health and well-being. She stressed while her group and others are happy about the measure being included in the budget, they will continue to push and work toward more green spaces.Arizona environmental-justice advocates are celebrating some big wins passed through the state budget.

One of the provisions, Senate Bill 1689, also known as the Trees for Kids bill, will make $300,000 available to make tree shade a reality for low-income schools across the state.

Vania Guevara, advocacy director for Chispa Arizona, said the efforts will help mitigate extreme heat in communities, while also providing a healthier learning environment for students.

"For me, the revolution starts with our little ones," Guevara emphasized. "I think that if we are able to have the best quality of life for them and sort of create a nurturing, beautiful environment where they can learn, thrive and continue to grow alongside with nature, we are setting our state up for success and I think our future would be in good hands."

Guevara pointed out the funding will be distributed by the Department of Education on a first-come, first-served basis to schools serving 75% or more students eligible for free or reduced-price lunch. She acknowledged improving tree coverage is expensive, but hopes the funds can help address some of the inadequacies in the state.

Guevara noted the bill aligns itself with Chispa Arizona's priorities. The group is aiming to increase tree shade canopies and cool corridors in Arizona communities by 20% by 2030 as they say communities of color are "excessively impacted by extreme heat."

Guevara added she is thankful to state Sen. Mitzi Epstein, D-Tempe, who introduced the bill, and to Gov. Katie Hobbs for her commitment to supporting the environment.

"We knew it was going to be hard to pass," Guevara admitted. "When we found out that it made it into the budget because of some of our allies and the governor's Office of Resiliency and their support, we were extremely pleased."

Guevara argued green infrastructure is crucial for overall community health and well-being. She stressed while her group and others are happy about the measure being included in the budget, they will continue to push and work toward more green spaces.