Bayou City Waterkeeper For Wetlands Protection, Cleaner Water, - - PowerPoint PPT Presentation

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Bayou City Waterkeeper For Wetlands Protection, Cleaner Water, - - PowerPoint PPT Presentation

Bayou City Waterkeeper For Wetlands Protection, Cleaner Water, & a More Resilient Future A Brief History Founded in 2001 as Galveston Baykeeper Early member of Waterkeeper Alliance Harvey represented a turning point for the organization


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Bayou City Waterkeeper

For Wetlands Protection, Cleaner Water, & a More Resilient Future

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A Brief History

Founded in 2001 as Galveston Baykeeper Early member of Waterkeeper Alliance Harvey represented a turning point for the organization

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Jurisdiction = the Lower Galveston Bay watershed

From Lake Livingston down to the Brazos River, out to Galveston Bay 4000 square miles 21 subwatersheds (e.g., Bufgalo Bayou watershed) 11 counties (Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefgerson, Liberty, Montgomery, Polk, San Jacinto, Waller)

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Mission

Preserve & restore wetlands Swimmable, fishable water Resilience to climate change Science, law, policy

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Legal program

Build on past legal efgorts and successes Strategically use law to advance mission Anticipate potential litigation through comments process Advocacy to local decisionmakers Train and mentor law students

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What have we been up to since July 2018?

EPA v. City of Houston (intervenor & related citizen suit plaintifg) State of Texas v. EPA (amicus) In re City of South Houston permit amendment Investigations of development over wetlands Comments to federal rulemaking, 404 permits, & state plans Advocacy, especially Harris County & City of Houston

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Wetlands

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Why are wetlands important?

Flood bufgers Wildlife habitat & nurseries Erosion control Recreation Water quality (Benefits valued in the billions)

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How are wetlands under threat?

Urban sprawl, industrial development, agriculture More than 54,000 acres of wetlands lost from 1996 to 2010 Underenforcement of federal protections No real protections at local level

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Wetlands protected under the Clean Water Act… sort of

WOTUS! “Significant nexus” test under Rapanos Obama rule - glimmer of hope Trump rule - hopes dashed

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Clean Water Act falls short in practice in Galveston District

Overly constrained view of jurisdiction Neglects to require mitigation Even when mitigation required, not carried out in 61% of permits surveyed

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What can we do?

Push for 404 permits and mitigation Make sure mitigation actually happens Push for robust protections at local level

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How can you help?

Intern with Bayou City Waterkeeper Volunteer with Bayou City Waterkeeper Call us if you see development that might be occurring without a permit

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Research question

Does the Army Corps of Engineers violate the Administrative Procedure Act when it fails to require mitigation in 404 permits?

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Contact info

Kristen Schlemmer kristen@bayoucitywaterkeeper.org 512-619-1583