Conservation and community groups have filed a lawsuit against Utah for what they claim is the state's failure to ensure enough water gets to the Great Salt Lake, to avoid what they call an "ecological collapse."
The lawsuit seeks a court order requiring Utah to let more water reach the largest natural lake in the Western Hemisphere.
John Leshy, professor emeritus of law at the University of California-San Francisco, said the lake is a "public trust" resource per the state's constitution. He added the court will examine what the designation means when it comes to managing and protecting it.
Back in the 1970s, the California Supreme Court stepped in to protect Mono Lake from its water being diverted to Los Angeles utilizing the Public Trust Doctrine. Leshy argued it could set a strong precedent in Utah.
"The Utah courts will have to make up their own minds about what Utah law said on this subject," Leshy acknowledged. "But obviously if they look to the Mono Lake situation, they will do something along the lines of 'You can't let this important resource disappear from inaction,' because that is what the future holds unless the courts intervene."
Leshy pointed out potential public health impacts make the Great Salt Lake case different and more serious than the Mono Lake case. According to a NASA study, residents in west Salt Lake City and Tooele County will be disproportionately affected by the exposed lake bed sediment which contains fine particulates and toxic pollutants. Critics of using the "public trust" approach said there are multiple water users to consider, and other, less drastic solutions to improve the lake's health.
Stu Gillespie, senior attorney for the environmental law firm Earthjustice, filed the lawsuit. He contended the Utah Constitution imposes public trust duties, forcing the state to protect the Great Salt Lake, which now sits below the point experts said is needed to remain viable.
According to Earthjustice, the state cannot sustain a minimum water level of about 4,200 feet without modifying upstream diversions. Gillespie stressed the law is on the plaintiffs' side.
"The lake has gone into a structural decline in recent years," Gillespie pointed out. "The elevation has dropped, dropped and dropped, hitting record low levels. And as a result, that is triggering widespread impacts to the ecosystem, and also creating a public health crisis."
In Utah State University polling, a large majority of Utahns see drought and a drying Great Salt Lake as their top two environmental concerns. Gov. Spencer Cox's office would not comment on ongoing litigation.
get more stories like this via email
Bloomington and Indianapolis are getting some international recognition for the work they're doing to help the environment. The two have been named "A List Cities" by the International Council for Local Environmental Initiatives.
Only 119 cities and counties worldwide got A List designation this year, for "bold leadership on environmental action" and transparency about their plans. The cities are on what's known as the Carbon Disclosure Project Track, making progress to curb carbon emissions.
Director of the Office of Sustainability for the City of Indianapolis, Morgan Mickelson, said one reason for the Indianapolis ranking is its efforts in tree planting.
"Trees are really important to help us lower surface temperature in our neighborhoods, also to help purify air," she explained. "We have a large effort with Keep Indianapolis Beautiful to plant trees, and we work really intentionally with KIB to ensure that we're planting trees in areas that historically have not seen as much investment in terms of tree planting."
Nonprofit Keep Indianapolis Beautiful runs programs that encourage teen and adult involvement, and partners with the city on multiple conservation projects.
Bloomington's Climate Action Plan features many carbon-cutting objectives, including boosting food markets to help grow that city's local food economy and reduce waste.
The Office of Sustainability also administers Thrive Indianapolis, the city's first sustainability and resiliency action plan.
Mickelson said since 2018, more than 31,000 trees have been planted in public spaces -- and that's just a start.
"I also want to caution everyone that the work is not done," she warned. "We're in the climate crisis. I would just encourage everyone to take the time to reflect on all the hard work that is being done, but to also not forget that we have a lot more work ahead."
This is the sixth time Indianapolis has received an 'A' rating.
get more stories like this via email
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.
Disclosure: Appalachian Voices contributes to our fund for reporting on Energy Policy, Environment, and Environmental Justice. If you would like to help support news in the public interest,
click here.
get more stories like this via email
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.
get more stories like this via email