Media Items Archive

Salmon recovery action must be part of national infrastructure investment

April 13, 2021

Contact:
Amy Souers Kober, American Rivers, 503-708-1145, akober@americanrivers.org
Rein Atteman, Washington Environmental Council, 206-631-2625, rein@wecprotects.org

Washington, D.C. – American Rivers today named the Snake River America’s #1 Most Endangered River of 2021, pointing to perilously low returns of Snake River salmon and the urgent need for lawmakers and communities to come together to develop a comprehensive economic revitalization plan that not only invests in salmon recovery and honors national obligaions to Native American tribes but also invests in clean energy,agriculture, technology and tourism.

“The America’s Most Endangered Rivers report is a call to save rivers in need of urgent action,” said Tom Kiernan, President of American Rivers. “We’re facing a critical choice on the Snake River. We can either stay with the status quo, which means failing salmon runs, more costly ligitation, increasing energy insecurity and broken promises to tribes. Or we can choose to invest in salmon recovery and infrastructure solutions that create a future of abundance and prosperity for the region. We think the choice is clear and we’re calling on the Northwest congressional delegation to take action now.”

Once the largest salmon producer in the Columbia River Basin, today Snake River salmon runs are at the brink of extinction. The loss of salmon is a crisis for the entire web of life, from black bears to Southern Resident killer whales. It is also an existential threat to Northwest tribes who depend on the fish for their cultures and identities.

“Salmon are critical to the cultural lifeways of Columbia-Snake River Basin tribes, like my own people of the Confederated Tribes of Warm Springs, Oregon, and are integral to regional identity, economies, and even the orcas and the Puget Sound,” said Alyssa Macy, CEO of Washington Environmental Council / Washington Conservation Voters. “Removal of the four dams is a once-in-a-lifetime opportunity for salmon restoration that will benefit Tribal Nations, local economies, environmental ecosystems, and the Southern Resident Orca population for generations to come.”

Scientists say that removing four dams on the lower Snake River in eastern Washington must be part of a Snake basin salmon recovery plan. It is estimated that by 2080 the Snake River Basin will provide two-thirds of the coldest, most climate resilient stream habitats for salmon and steelheadon the West Coast. Congressman Mike Simpson (R-ID) has proposed a $33.5 billion framework to remove the dams, recover salmon, and revitalize the region’s infrastructure and economy.

American Rivers and Washington Environmental Council called on the Northwest congressional delegation to build on Congressman Simpson’s proposal and advance a comprehensive salmon recovery solution that includes lower Snake River dam removal, as well as robust job-creating

investments to replace the dams’ energy, transportation and irrigation services. This critically important legislation must be included in President Biden’s national infrastructure package.

“A well-crafted, comprehensive solution would benefit the nation as a whole by saving iconic salmon and Souther Resident orcas, bolstering clean energy and strengthening the economy of one of the most dynamic regions in the country,” Kiernan said.

The Snake River is the largest tributary of the Columbia River, flowing more than 1,000 miles from its headwaters in Wyoming to the confluence with the Columbia at the Tri-Cities in Washington. The Snake Basin is home to 50 percent of the current cold water habitat for Pacific salmon in all of the lower 48, and once produced 40 percent of the prized Chinook salmon and over half steelhead in the Columbia River Basin.

Salmon are at the heart of the cultures of Northwest Native American tribes, integral to religion, identity and physical sustenance. Abundant returns of salmon are also critical to local economies, driving lucrative fishing, recreation and tourism.

Wild salmon returns plummeted by over 90 percent following construction of the four federal dams on lower the Snake River. In recent years, fewer than 10,000 wild Chinook salmon have returned to spawn. Today, 13 Columbia-Snake salmon and steelhead populations are protected under the Endangered Species Act. Scientists believe that all four salmon and steelhead populations in the Snake River Basin will go extinct without urgent action.

The threat posed by the dams is exacerbated by climate change, which is warming up the Snake River and making conditions even more dire for salmon. In 2015, for example, 96 percent of the Snake River sockeye died trying to navigate through lethally warm waters to cooler tributaries and spawning grounds upstream. While the dams are heating up the major river thoroughfares for salmon, scientists estimate that the essential habitat above the dams will continue to provide clean, cold water.

The annual America’s Most Endangered Rivers report is a list of rivers at a crossroads, where key decisions in the coming months will determine the rivers’ fates. Over the years, the report has helped spur many successes including the removal of outdated dams, the protection of rivers with Wild and Scenic designations, and the prevention of harmful development and pollution.

Other rivers in the region listed as most endangered in recent years include the Puyallup River (2019), Green-Dwiamish and Willamette rivers (2018) and the South Fork Skykomish and Green-Toutle rivers (2017).

AMERICA’S MOST ENDANGERED RIVERS® OF 2021

#1: Snake River (ID, WA, OR)
Threat: Four federal dams on the lower Snake River

#2: Lower Missouri River (MO, IA, NE, KS)
Threat: Outdated river management

#3: Boundary Waters (MN)
Threat: Sulfide-ore copper mining

#4: South River (GA)
Threat: Pollution due to lax enforcement

#5: Pecos River (NM)
Threat: Pollution from proposed hard rock mining

#6: Tar Creek (OK)
Threat: Pollution from Tar Creek Superfund Site

#7: McCloud River (CA)
Threat: Raising of Shasta Dam

#8: Ipswich River (MA)
Threat: Excessive water withdrawals

#9: Raccoon River (IA)
Threat: Pollution from industrial agriculture and factory farming

#10: Turkey Creek (MS)
Threat: Two major developments

American Rivers statement on Florida v. Georgia case

Contact:
Ben Emanuel, 706-340-8868
Amy Souers Kober, 503-708-1145

Atlanta – The ruling by the U.S. Supreme Court in the case concerning water management in Alabama, Georgia and Florida’s Apalachicola-Chattahoochee-Flint River Basin provides an opportunity for a new chapter of collaborative, sustainable solutions, American Rivers said today.

With the eight-year litigation in the Florida v. Georgia lawsuit now concluded, stakeholders throughout the basin can move forward toward solutions that will benefit the environment and communities upstream and down.

American Rivers named the Apalachicola-Chattahoochee-Flint River Basin America’s Most Endangered River in 2016 because outdated water management and rising demand put the basin at a breaking point.

Tom Kiernan, President of American Rivers, made the following statement:

“We understand the sense of loss that might be felt in communities around Apalachicola Bay with today’s ruling. The health of the waters that have supported these communities for generations has been damaged and degraded, and now they have lost an important legal pathway toward regaining ecosystem health.”

“Yet today’s ruling can and should usher in a new era of collaboration to sustain the basin’s rivers and the communities that depend on them. We look forward to continuing to work with our partners for a prosperous future throughout this vital river basin.”

Learn more about the 2016 America’s Most Endangered River listing

About American Rivers

American Rivers believes a future of clean water and healthy rivers for everyone, everywhere is essential. Since 1973, we have protected wild rivers, restored damaged rivers and conserved clean water for people and nature. With headquarters in Washington, D.C., and 300,000 supporters, members and volunteers across the country, we are the most trusted and influential river conservation organization in the United States, delivering solutions for a better future. Because life needs rivers.

March 19, 2021
Contact: Amy Souers Kober, 503-708-1145

American Rivers President and CEO Tom Kiernan released the following statement on the passing of philanthropist Stephen D. Bechtel, Jr.:

“Stephen D. Bechtel, Jr. had a transformational impact on rivers in California and nationwide. His support, and the support of the Stephen D. Bechtel, Jr., Foundation, restored river health with far-reaching benefits for people and nature. His generosity strengthened partnerships to protect and restore rivers and helped ensure American Rivers is a diverse, equitable and inclusive organization. We offer our deepest sympathy to his family. His legacy endures in California’s healthy, free-flowing rivers.”

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March 15, 2021
Contact: Amy Souers Kober, 503-708-1145

Tom Kiernan, President of American Rivers, released the following statement today in response to the confirmation of Deb Haaland as Secretary of the Interior:

“We congratulate Deb Haaland on her historic confirmation as Secretary of the Interior. She is an experienced leader with a strong commitment to safeguarding public lands and waters. As a member of the Laguna Pueblo People and the first Native American to hold this position, she can begin a new chapter for this department that has a unique trust relationship with sovereign tribes.”

“Her leadership comes at a critical time for the Department of the Interior, which oversees conservation and management of thousands of miles of rivers and 500 million acres of public lands including national parks, wildlife refuges and the National Wild and Scenic Rivers System.”

“Healthy rivers can be part of the solution to the biggest challenges facing our country, including climate change, the economy, public health, and injustice. We look forward to working with Secretary Haaland and the Biden-Harris administration to ensure investment in healthy rivers is a top priority.”

About American Rivers

Statement by Tom Kiernan, President of American Rivers

February 24, 2021
Contact: Amy Kober, 503-708-1145

American Rivers today congratulated Jaime Pinkham on his reported appointment as Principal Deputy Assistant Secretary of the Army for Civil Works, one of two positions in the Army that oversee the Corps of Engineers’ Civil Works program.

Pinkham, a Nez Perce tribal member and Executive Director of the Columbia River Intertribal Fish Commission, has been a board member of American Rivers since 2013.

The Army Corps of Engineers has a significant impact on river health nationwide, issuing federal Clean Water Act permits and managing 740 dams and more than 14,000 miles of levees. The Corps leads critical flood management efforts and in recent years has been instructed by Congress to incorporate nature-based solutions including floodplain and ecosystem restoration.

Among the more contentious projects the Corps is currently engaged in are the Pebble Mine in Alaska, the Yazoo Pumps in Mississippi, and its management of four federal dams on the lower Snake River in eastern Washington that are impacting endangered salmon runs.

Tom Kiernan, President of American Rivers, made the following statement:

“We congratulate Jaime Pinkham on his important appointment. He is a strong leader and is committed to science-based, collaborative solutions that benefit communities and the environment. He has extensive experience with river management, tribal treaties, and fish and wildlife restoration. As the first Native American in this position, he begins an important new chapter for the agency.

Climate change is impacting communities across the country with bigger and more frequent floods and droughts. The Army Corps has a critical role to play in strengthening communities in the face of these challenges. Protecting and restoring healthy, free-flowing rivers and investing in natural infrastructure must be the cornerstone of our strategy to build climate resilience because it has proven so effective. We encourage the Army Corps, with Jaime’s leadership, to fully integrate nature-based approaches that protect communities and improve river health into the Civil Works program, and to address long-standing inequities in water resources investments.

We look forward to working with the Army Corps and the Biden-Harris administration to ensure that equitable investment in clean water and river restoration is a top priority.”

February 22, 2021

Contacts:

Olivia Dorothy, American Rivers, 217-390-3658
Ryan Grosso, Prairie Rivers Network, 217-344-2371 (ext. 203)
Jill Crafton, Izaak Walton League, 952-944-5583
Christine Favilla, Sierra Club, 618-401-7870
Kelly McGinnis, Mississippi River Network, 708-305-3524

Environmental and conservation groups are dismayed by the governors of the Upper Mississippi River states for failing to secure millions in federal dollars to address climate change fueled flood issues along the Upper Mississippi River.

The Upper Mississippi River was listed as America’s #1 Most Endangered River in 2020 due to poor watershed planning in the face of climate change. The river is critical to the nation’s economy and is a globally significant ecosystem. However, climate change is driving more intense rain storms, leading to more frequent and prolonged flooding in the Upper Midwest. This new reality puts people, habitat, and infrastructure at risk—and communities along the Upper Mississippi are dangerously unprepared. These risks are greatly exacerbated by two centuries of shortsighted floodplain—and watershed—development decisions that are cutting the river off from hundreds of thousands of acres of its floodplain, dangerously constricting the Upper Mississippi River, and degrading vital fish and wildlife habitat.

The 2020 Most Endangered River© designation came on the heels of the 2019 Flood, one of the worst floods in history. Not only was the water high, but the Upper Mississippi River was at flood stage for over 100 days. Few of our flood management systems, and indeed none of our flood control methods like levees and floodwalls, are designed to withstand these new climate-change fueled, long-duration flood events. It is critical, and indeed, long over-due, that we start planning for the future, in a coordinated way, along the Upper Mississippi River.

And Congress responded. The coronavirus relief package that was signed into law in December 2020 included a provision to incentivize the states to develop a Watershed Study and Integrated Water Management Plan for the Upper Mississippi River to respond to climate change and guide community and state decision-making.

Representatives of the Upper Mississippi River Basin governors, which include Illinois, Missouri, Iowa, Minnesota, and Wisconsin, have been working with the US Army Corps of Engineers over the past year to pull together a proposal that could bring millions to the basin for flood risk management planning. But talks disintegrated when the basin governors insisted the study focus on maintaining the 9-foot navigation channel and be limited to activities in the Mississippi River floodplain.

“This attempt by the five Upper Mississippi River governors to divert federal funding, for what is essentially a massive public safety and green infrastructure planning effort, to support the river navigation industry, defies all logic,” said Olivia Dorothy, Upper Mississippi Basin Director for American Rivers. “The Upper Mississippi governors are leaving millions on the table and putting people’s lives at risk.”

Thanks to Congress’ efforts to pass the new authority, federal funding could have been available as early as this year. But since the Upper Mississippi River governors tried to push forward a planning effort that is not in line with the study authority, the federal funding was not approved.

“Every drop of water that falls in the basin is on a rocket ship to the Gulf of Mexico,” said Jill Crafton of the Izaak Walton League. “And with that water is pollution and soil. We need to be working with farmers to slow water down through soil health measures across the landscape, and a Watershed Plan would help us get that done.”

“We need a Watershed Study that works across the federal and state agencies to guide policies and actions in a coordinated way,” said Christine Favilla, Three Rivers Project Coordinator of the Sierra Club. “Where we are now, every time it floods, it’s a war between neighbors, communities and states. Instead of trenches and bombs, we are using levees and floodwalls to hurl the Mighty Mississippi River at each other – a river whose discharge can exceed one-million cubic feet per second during large flood events.”

“A Watershed Study and subsequent Integrated Watershed Plan would help us end these flood fights and advance green infrastructure solutions that will restore and protect habitat,” said Ryan Grosso of Prairie Rivers Network. “These solutions would help us manage water and land development in ways that work with nature, promote healthy natural ecosystems, and ultimately protect communities on the frontline.”

“State representatives are meeting with the Corps of Engineers tomorrow. We sincerely hope the governors of Illinois, Missouri, Iowa, Minnesota and Wisconsin realize that it is the best interest of their states to put forward a request that is in line with the Watershed Study authority,” said Dorothy. “As someone who lives on the banks of the Mississippi River, we need the states to start working together to plan and develop in the Upper Mississippi River Watershed to protect people and the Mississippi River ecosystem.”

“The failure of the Upper Mississippi River governors to bring these federal dollars to help people deal with the impacts of climate change is worrisome,” said Kelly McGinnis, Executive Director of the Mississippi River Network. “Our network, of over 50 environmental organizations, is exploring options to serve as the non-federal sponsor for the much-needed Watershed Study and Integrated Water Management Plan.”

As a “new start,” the Upper Mississippi River Watershed Study could have brought as much as $200,000 in federal funding to the basin this year. The Corps estimates the Watershed Study for the Upper Mississippi River Basin would cost approximately $3 million and take 3 years.

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For Reference:

Watershed Studies are authorized under Section 729 of WRDA 1986, as amended, and other specifically authorized watershed planning authorities, which allow the Corps to work with non-federal partners to evaluate water resources and develop comprehensive watershed plans with an Integrated Water Resource Management focus. The purpose of a watershed study is to collaboratively work with partners, beyond the Corps traditional mission areas, to identify a broad range of solutions for multiple stakeholders. A key difference between watershed planning study and other Corps specifically authorized studies is that a watershed study does not specifically evaluate the feasibility of a federally-funded Corps action. Rather, the Corps, along with their non-federal partners, can evaluate a series of strategies, alternatives, and actions across a broad range of stakeholders’ authorities. Although a watershed study does not conduct a feasibility study for a new Corps project, the watershed study can be used to identify and justify the need for potential future studies and projects that the Corps may wish to pursue under separate authorities.

The primary documents describing the Corps’ watershed planning approach are CECW-P Planning Bulletin No. PB2016-03 and CECW-P Engineering Circular No. EC 1105-2-411. Corps studies follow the Corps six step planning process. The steps include: 1) Identify problems and opportunities, 2) Inventory existing resources and forecast future conditions, 3) Identify management measures and screen them for effectiveness, 4) Formulate an initial array of strategies for addressing problems and needs. 5) Refine the initial array of strategies and evaluate a focused array of strategies, and 6) Compare strategies and make a selection. For a watershed study, these steps can be simplified into three primary milestones: (a) creating a collaborative and shared vision for the watershed, (b) conducting a holistic watershed assessment to identify specific strategies to be analyzed, and (c) developing a watershed strategy. The Shared Vision milestone is a critical first step because it will define the overall vision for the stakeholder group, presents the study scope/framework, and identifies how the framework and associated activities support the collaborative watershed vision. In order for these steps to be successfully executed the team must continually work to ensure the study area/watershed is clearly defined, the watershed is treated as a system, existing resources are being properly leveraged, and public involvement and collaboration is continuous throughout the project.

Increased federal investment in dam removal, river restoration would boost economy, benefit communities

February 18, 2021
Contact: Amy Souers Kober, 503-708-1145

(Washington) – Sixty-nine dams were removed in 2020, revitalizing local economies and communities and restoring fish, wildlife and river health. Communities in 23 states, working in partnership with non-profit organizations and state and federal agencies, removed the dams to reconnect 624 upstream river miles.

“While this past year was full of challenges, restoring vibrant, free-flowing rivers has been a source of strength and progress for communities nationwide,” said Brian Graber, senior director of river restoration for American Rivers. “Local partners, engineers and construction crews worked under extraordinary circumstances to complete these projects, delivering a wide range of benefits to their rivers and communities.”

On the Middle Fork Nooksack River near Bellingham, Washington, removing a water diversion dam and installing a new water intake opened 16 miles of habitat for salmon, restored cultural resources, and ensured a sustainable supply of clean water for the city. The project, an effort of American Rivers, the Nooksack Indian Tribe, Lummi Nation, City of Bellingham, Paul G. Allen Family Foundation and others demonstrates the power of public-private partnership and innovative solutions to infrastructure challenges.

More than 90,000 dams block rivers in the U.S. Dams harm fish and wildlife habitat and ecosystem health and can pose safety risks to communities. The failure of Michigan’s Edenville Dam in May 2020 was the latest high profile example of the threat that aging, outdated dams pose to public safety. A recent UN report highlighted the growing risk of aging water infrastructure.

American Rivers is calling on the Biden-Harris administration to invest in river health, local economies and public safety, by prioritizing dam removal and river restoration. In the 2021 Blueprint for Action, American Rivers highlights urgent actions the administration should take to advance dam removal and river restoration, including:

Funding barrier removal to improve habitat, connectivity, water quality and public safety.

Developing a schedule for reviewing the operation of federally owned dams.
Developing accurate budget projections that reflect the true costs of maintaining and operating federal water infrastructure.
Facilitating dam removal and river restoration through the hydropower relicensing process.

American Rivers’ report, Rivers as Economic Engines, outlines how investing in water infrastructure and river restoration creates jobs and benefits the economy. For example, according to a study by the University of North Carolina, the ecological restoration sector directly employs approximately 126,000 workers nationally, and supports another 100,000 jobs indirectly, contributing a combined $25 billion to the economy annually.

“It is time for transformational solutions that strengthen communities, improve public health, address longstanding injustices, and boost our economy. Equitable investment in clean water and healthy rivers is vital to a better future,” said Graber.

On a much larger scale than the projects featured on the 2020 list, Congressman Mike Simpson (R-ID) recently shared a vision for infrastructure investments in the Pacific Northwest that includes removal of four dams on the lower Snake River, which would be the biggest river restoration effort in history. While details need to be addressed before legislation can be enacted, Congressman Simpson’s proposal illustrates how river restoration can be part of transformational solutions that include clean energy, agriculture, job creation and economic revitalization.

In 2020, dams were removed in the following states: California, Connecticut, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Virginia, Washington and Wisconsin

A total of 1,797 dams have been removed in the U.S. since 1912. The states with the most dam removals in 2020 were Ohio (11), Massachusetts (6) and New York (6).

Learn more:

February 7, 2021
Contact: Amy Kober, 503-708-1145

Congressman Mike Simpson (R-ID) today announced a bold and potentially transformational proposal to revitalize the rivers and economy of the Pacific Northwest. The $33.5 billion package of immediate infrastructure investments would advance salmon recovery, clean energy, agriculture and create jobs and economic opportunity regionwide.

Key river investments include restoring the lower Snake River in southeast Washington through the removal of four federal dams, water quality improvements in the Columbia Basin, Puget Sound, and Washington and Oregon coasts, restoration of salmon in currently blocked areas in the upper Columbia and upper Snake rivers, funding for the Yakima Basin Integrated Plan, incentives to remove select fish-blocking dams in the Columbia Basin, and increasing tourism and recreation opportunities. The proposed framework also includes wide-ranging restrictions on the application of federal environmental laws and extensions of licenses for hydropower dams.

Bob Irvin, President of American Rivers, made the following statement:

“We applaud the fresh thinking and comprehensive nature of Congressman Simpson’s framework. His inclusive and groundbreaking effort is a starting point toward a solution to recover salmon, modernize infrastructure, create jobs and strengthen communities regionwide. We’ve seen how investing in smart infrastructure and healthy rivers can revitalize local economies, and we believe that by working together, we can achieve a future of abundance and prosperity in the Pacific Northwest.”

“A well-crafted, comprehensive solution would benefit the nation as a whole by restoring salmon runs, bolstering clean energy and strengthening the economy of one of the most dynamic regions in the country.”

“This framework contains a variety of benefits for the Northwest, including the restoration of the lower Snake River, which would be the largest river restoration effort in history. There are also elements that are cause for concern and require more conversation. American Rivers is committed to working with Congressman Simpson and Northwest leaders to make this package as positive as it can be for our rivers and communities.”

“If we’re going to move forward, we must work together to solve each other’s problems and address interconnected challenges. We must ensure a future of healthy rivers and abundant salmon, a prosperous agricultural sector, affordable clean energy and a strong economy, and we must uphold treaties and responsibilities with Northwest tribes.”

“Northwest leaders have a strong track record of crafting innovative, bipartisan solutions to challenging water and river issues. Now, we have a once-in-a-lifetime opportunity to invest in what makes the Northwest strong. Congressman Simpson’s proposal builds on this legacy and gives us a great place to start.”

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The River Democracy Act of 2021 would preserve clean drinking water, habitat and recreation

February 3, 2021
Contact: David Moryc, 503-307-1137
Amy Kober, 503-708-1145

American Rivers applauded Oregon’s senior U.S. Senator Ron Wyden today for introducing historic legislation that would protect Oregon’s clean drinking water, fish and wildlife habitat and economically important outdoor recreation by designating 4,702 miles of Oregon’s rivers on public lands as Wild and Scenic Rivers. The designation would keep the rivers and streams free-flowing, preserve clean water and preserve their outstanding values such as fisheries, scenery and recreation. The River Democracy Act of 2021 was developed with unprecedented input from thousands of Oregonians, as well as businesses, community leaders, and tribal nations. Senator Wyden has championed protection of more rivers as Wild and Scenic Rivers than any other member of Congress for their home state and today’s action build on that legacy.

David Moryc, Senior Director of Wild and Scenic Rivers at American Rivers, made the following statement:

“Senator Wyden is a river champion and everyone who appreciates our state’s clean water, fish and wildlife and world class recreation should applaud his leadership today. His vision will ensure a wild river legacy that we can be proud to pass on to our children.”

“At a time when more Americans than ever are looking for ways to get in nature and enjoy the outdoors, Senator Wyden is showing that rivers are essential to our way of life and our economy. The collaborative way he developed this legislation proves that river democracy is alive and well in Oregon.”

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January 21, 2021
Contact: Amy Kober, 503-708-1145

American Rivers today applauded President Biden for appointing Radhika Fox as Principal Deputy Assistant Administrator for EPA’s Office of Water. Fox recently served as executive director of the U.S. Water Alliance, of which American Rivers is a member.

Bob Irvin, President of American Rivers, made the following statement:

“We congratulate Radhika Fox on her appointment. She has been an excellent partner and strong champion for clean water and environmental justice. Her knowledge and commitment will help the agency chart a positive course that benefits people and rivers nationwide.

“Radhika Fox has a strong record working across the water sector and knows how to bring people together. She understands the serious water challenges facing our communities and the need for innovative infrastructure investments, including healthy rivers, to improve public health and strengthen our nation. We look forward to working with her to ensure rivers and communities have the clean water they need.”

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Federal lawsuit filed to uphold EPA’s Yazoo Pumps veto

CONTACT:
Audubon Mississippi – Jill Mastrototaro, (504) 481-3659, jill.mastrototaro@audubon.org
American Rivers – Olivia Dorothy, (217) 390-3658, odorothy@americanrivers.org
Earthjustice – Stu Gillespie, (303) 996-9616, sgillespie@earthjustice.org
Healthy Gulf – Andrew Whitehurst, (601) 954-7236, andrew@healthygulf.org
Mississippi Sierra Club – Louie Miller, (601) 624-3503, louie.miller@sierraclub.org

Washington, DC – Today, a coalition of conservation organizations filed a lawsuit challenging the Trump administration’s last-minute revocation of a Clean Water Act veto that has protected some the richest wetland and aquatic resources in the Nation since 2008. This revocation opens the door for construction and operation of the same project prohibited by the 2008 veto—a massive pumping plant known as the Yazoo Pumps that would drain tens of thousands of acres of hemispherically significant wetlands in an ecologically rich and sparsely populated area of Mississippi known as the Yazoo Backwater Area.

The U.S. Environmental Protection Agency (EPA) buried its veto revocation in a cover letter transmitting scathing comments to the U.S. Army Corps of Engineers on the Yazoo Pumps’ Draft Supplemental Environmental Impact Statement. EPA’s revocation ignores the facts on the ground, the explicit terms of the 2008 veto, and the requirements of the Clean Water Act.

EPA has used its Clean Water Act veto authority very sparingly, issuing just 13 vetoes since the law was enacted in 1972, out of nearly 2 million projects approved during that timeframe. EPA has never before revoked a veto.

Earthjustice filed the lawsuit in federal court today on behalf of American Rivers, National Audubon Society, Sierra Club, and Healthy Gulf.

Joint Statement by American Rivers, National Audubon Society, Sierra Club, Healthy Gulf, and Earthjustice:

“Today’s lawsuit delivers a clear, resounding message that EPA’s assault on the law, science, and the public’s voice will not be tolerated. The case challenges EPA’s last-minute decision to exempt the Yazoo Pumps from a conclusive Clean Water Act veto that was issued in 2008 to protect some of our country’s most valuable natural resources. EPA’s stunning reversal defies the explicit terms of the agency’s own veto, violates the Clean Water Act, and disregards core principles of administrative law that include ensuring due public process.

EPA has blinded itself to the facts on the ground, its own scientific and legal analyses, and the extensive record supporting the 2008 veto. The current proposal is based on the same flawed methodologies that EPA decisively rejected in 2008, and would not deliver flood relief to communities by leaving 82% to 89% of flooded lands underwater.³ The project will have devastating impacts to globally important wetlands, waters, and wildlife.

During the public comment period on the Corps’ 2020 proposal that concluded in November, more than 50,500 citizens, scientists, and public interest groups urged the Corps to abandon this ineffective, destructive project, and instead prioritize immediate, sustainable flood solutions to benefit local communities. Ninety-four percent of the comments received by the Corps were against the Pumps and called for commonsense natural infrastructure and non-structural approaches available now to help protect people’s lives, property and livelihoods, such as elevating homes and roads, and paying farmers to restore cropland back to wetlands.⁴

EPA’s decision has no basis in fact or reality, and signals that political motivations have trumped the agency’s sworn duties. We look forward to holding EPA fully accountable for its unlawful actions, to ensure the public’s voice is heard, and to safeguard the environmental protections bestowed on this globally significant area.”

Resources:

EPA letter to Corps, 11/30/2020

2008 Clean Water Act 404(c) Final Determination at iii, 73.

Corps’ October 16, 2020, Draft SEIS, Appendix C (Tables), Table 5.3

Conservation Organizations’ Alternative Flood Relief Solutions to the Yazoo Pumps

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December 21, 2020
Contact: Amy Kober, 503-708-1145

Washington – American Rivers applauded the U.S. Congress today for including critical provisions for clean water and healthy rivers in economic stimulus legislation. The Consolidated Appropriations Act includes the Water Resources Development Act as well as key actions for western water, which are important steps toward preparing our rivers and communities for the impacts of climate change.

“In addition to delivering some much-needed relief for families struggling during the pandemic and economic downturn, Congress advanced solutions that improve river and water management,” said Bob Irvin, president of American Rivers.

Passing the Water Resources Development Act of 2020 allows the U.S. Army Corps of Engineers to make critical investments in natural flood management, including reconnecting and restoring floodplains and wetlands. Congress sent a clear message to the Army Corps that in order to improve the nation’s resilience to flooding it should not continue to rebuild damaged levees — which harm river health and can make flood damage worse — but should instead use nature-based approaches that reconnect rivers to floodplains and provide clean water and improved river health for communities.

In the Water Resources Development Act, Congress instructed the Corps to quickly implement long-delayed rules that will better incorporate nature-based approaches and the value of ecosystems into Corps projects.

The Water Resources Development Act includes provisions that:

Require the Corps to implement the Principles, Requirements and Guidelines for Water and Land Related Resources Implementation Studies, developed under the Obama administration. The new project planning guidelines will mean the Corps can better incorporate nature-based approaches and the value of ecosystems into projects.
Increase the adoption of nature-based approaches to reduce flood damage by setting the non-federal cost share for a project at 35 percent, ensuring the Corps considers nature-based approaches for every flood project, and allowing nature-based approaches to be implemented under the Small Flood Control Projects program.
Establish a federally funded pilot program to study the feasibility of flood risk reduction projects in economically disadvantaged communities.
Benefit the Mississippi and Missouri rivers, named America’s Most Endangered Rivers of 2020, by authorizing watershed studies to identify root causes of flooding and increasing funding for restoration, science and monitoring.

“This legislation is a major step toward improving river health and climate resilience for communities impacted by flooding. Despite several concerning provisions that will result in new investments in dams and traditional infrastructure projects, on balance this bill will make natural infrastructure and floodplain restoration more commonplace,” said Eileen Shader, director of floodplain restoration for American Rivers. “That is good news for people and wildlife.”

The omnibus legislation also includes important provisions for improving water management in the west, including:

Improving Bureau of Reclamation grant programs for water conservation and efficiency, drought response, and ecological resiliency
Providing important funding for scientific advances and improved technology to assist with water supplies and planning
Recognizing tribal water rights and funding projects that will provide access to clean safe drinking water and other critical water supplies:

American Rivers’ keystone report, “Rivers as Economic Engines”, recommended Congress dedicate $500 billion over the next decade to boost federal clean water infrastructure and river restoration to strengthen communities nationwide. American Rivers urged Congress to pass a significant infrastructure package that will create jobs and revitalize the economy while improving river health.

About American Rivers