From Center for Western Priorities <[email protected]>
Subject Look West: Colorado restores protections for wetlands in response to Supreme Court decision
Date May 10, 2024 1:44 PM
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Look West: Public lands and energy news from the Center for Western Priorities


** Colorado restores protections for wetlands in response to Supreme Court decision
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Friday, May 10, 2024
Blanca Wetlands Recreation Area. Source: BLM/Flickr ([link removed])

Lawmakers in Colorado have agreed on measures ([link removed]) to protect thousands of acres of wetlands and miles of streams, left unprotected by a U.S. Supreme Court decision last year. In the Sackett case, the Supreme Court ([link removed].) ruled unanimously ([link removed].) that federally protected wetlands must be directly adjacent to a “relatively permanent” waterway “connected to traditional interstate navigable waters,” such as a river or ocean. This stripped protection from many
ephemeral waterways ([link removed]) and wetlands in the West.

Many wetlands in Colorado have a sub-surface connection ([link removed]) to streams, rather than one that can be observed above ground. Colorado's House Bill 1379, which passed Monday, protects wetlands and ephemeral streams ([link removed]) .

“Colorado is the first state to pass legislation on this issue,” Josh Kuhn, senior water campaign manager for Conservation Colorado, told the Colorado Sun ([link removed]) . “It had a lot of attention because of the magnitude of the bill. There were dozens and dozens of meetings to try and strike the right balance. We’re really happy with this final piece of legislation.”


** Western spills report shows regulations work
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Each year, the Center for Western Priorities analyzes state-level data from Colorado, New Mexico, and Wyoming for wells on private, federal, and state land.
This year's report ([link removed]) shows that the rate of spills in all three states has gone down over time, proving strong regulations don’t impede production.

In Colorado, the amount of drilling-related liquid spilled annually has gone down slightly since 1999, while annual oil production has gone up over the past decade. In New Mexico, the amount of drilling-related liquid spilled annually has increased slightly since 2014, while annual oil production has increased steadily. In Wyoming, the amount of drilling-related liquid spilled annually has gone down since 2017, while annual oil production has stayed about the same.


** Quick hits
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Colorado to shield wetlands and streams after U.S. Supreme Court left them vulnerable

Colorado Sun ([link removed]) | Summit Daily ([link removed]) | Colorado Politics ([link removed]) | Bloomberg Law ([link removed])

Occidental Petroleum’s net-zero strategy is a ‘license to pollute,’ critics say

Grist ([link removed])

Alaska Native corporation ending involvement in controversial Ambler road project

Alaska Beacon ([link removed]) | E&E News ([link removed])

Wyoming coal production nosedives, with more trouble ahead

WyoFile ([link removed])

Climate change may help the Colorado River, new study finds

Salt Lake Tribune ([link removed])

Biden nominates Shannon Estenoz as Interior deputy

E&E News ([link removed])

10 big Biden environmental rules and what they mean

New York Times ([link removed])

The world’s largest carbon-capture plant just switched on

Washington Post ([link removed])


** Quote of the day
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” Our Elders fought to retain our ancestral lands in the Upper Kobuk, emphasizing both their subsistence value and mineral resource potential. It is our responsibility to steward these lands for future generations.”

—Gia Hanna ([link removed]) , chair of the NANA board of directors


** Picture This
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@yellowstonenps ([link removed])
Hot springs and geysers, and mudpots, oh my! Did you know there are five different types of hydrothermal features readily visible in Yellowstone? Can you properly match each photo of a feature to its description below? Test out your naturalist skills in the quiz on our story!

▪ Hot springs: Pools of hydrothermally heated water.
▪ Geysers: Hot springs with constrictions in their plumbing, which causes them to periodically erupt.
▪ Mudpots: Hot springs that are acidic enough to break down rock into clay.
▪ Travertine terraces: Hot springs that rise up through limestone, dissolve the calcium carbonate, and deposit calcite, creating terrace formations.
▪ Fumaroles: Also known as steam vents, fumaroles constantly release hot steam due to their limited water supply.

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