Arizona Snowbowl Treated Snowmaking System May Generate Antibiotic-Resistant Bacteria

From the NYTs here. An excerpt:

Now, apart from longstanding concern about harmful chemicals in the water that will be used to make that snow — piped directly from the sewage treatment system of the nearby town of Flagstaff — new research indicates that the wastewater system is a breeding ground for antibiotic-resistant genes.

The genes were not detectable in the plant itself but “increased dramatically” at the point of use, meaning that they were found in places like sprinkler heads, the study said. “This means bacteria is growing in the distribution pipes,” said Amy Pruden, the author and an associate professor of civil and environmental engineering at Virginia Tech.

The study has not been published or peer-reviewed, but Flagstaff officials are taking it seriously enough to have invited Dr. Pruden to serve on an advisory panel that the city formed last week.

Antibiotic-resistant genes are an area of emerging concern to scientists because they impede the body’s ability to fight disease.

Federal Release on Fort Berthold Land into Trust Application/Development of Oil Refinery

Here.

As part of the Obama Administration’s all-of-the-above energy strategy to expand domestic energy production, Secretary of the Interior Ken Salazar today announced approval of a ‘land-into-trust’ application from the Three Affiliated Tribes of the Fort Berthold Reservation. Today’s action is one in a series of necessary approvals that will enable the tribes to build the first U.S. refinery in decades, supporting American made energy – including domestic resources from the Bakken Formation – while also creating jobs.
“Today’s historic decision is another step forward in the Obama Administration’s all-of-the- above energy strategy and commitment to strengthen Tribal communities and generate jobs for rural America,” Salazar said. “By working with the Mandan, Hidatsa and Arikara people to place this land into trust status, we are supporting infrastructure that will help bring American oil and gas to market while promoting Tribal economic development and self-determination regarding land and resource use.”

Study of Nez Perce Hatchery Cause for Optimism

Here’s a news article on a recently completed study of a Nez Perce hatchery project. The results suggest that hatcheries may help restore natural runs in some cases, particularly when the genetics of the hatchery fish match those of local wild fish.

US Army Corps on Great Lakes Treaty Subsistence Fishing

Last summer, the US Army Corps published a report titled “Treaty Rights and Subsistence Fishing in the U.S. Waters of the Great Lakes, Upper Mississippi River, and Ohio River Basins.” It’s well worth a read, especially for those tribes that did not respond to the Corps’ efforts to contact them. The authors wrote whatever they found online in  such cases, and we wonder how accurate those descriptions are.

For example, Menominee Tribe is listed as a non-treaty tribe. For all we know, this may be accurate. But this 1968 Supreme Court case suggests that it is not accurate.

An excerpt from the report:

The U.S. Army Corps of Engineers (USACE), in consultation with other state and federal agencies and Native American tribes, is conducting the Great Lakes and Mississippi River Interbasin Study (GLMRIS) pursuant to the Section 3061(d) of the Water Resources Development Act of 2007. GLMRIS will explore options and technologies, collectively known as aquatic nuisance species (ANS) controls that could be applied to prevent ANS transfer between the Great Lakes, Mississippi River, and Ohio River Basins through aquatic pathways. As defined in the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, 16 U.S.C. § 4702(1), ANS are nonindigenous species that threaten the diversity or abundance of native species; or the ecological stability of infested waters; or commercial, agricultural, aquacultural, or recreational activities that depend on such waters. In support of GLMRIS, the USACE GLMRIS Fisheries Economics Team is conducting baseline studies of fisheries in the Great Lakes, Mississippi River, and Ohio River Basins. This study focuses on a unique sector of the fisheries — the subsistence fishery undertaken by Native American tribes under treaty rights.

Arizona Snowbowl Snow to be 100% Pure Sewage Effluent

Here.

NW Indian Fisheries Commission Releases “State of Our Watersheds Report”

Here is the press release. Here is the report.

From the release:

Ongoing damage and destruction of salmon habitat is resulting in the steady decline of salmon populations across western Washington, leading to the failure of salmon recovery and threatening tribal treaty rights, according to a report released today by the treaty Indian tribes.

The tribes created the State of Our Watersheds report to gauge progress toward salmon recovery and guide future habitat restoration and protection efforts. It tracks key indicators of salmon habitat quality and quantity over time from the upper reaches to the marine shorelines of 20 watersheds in western Washington. The report confirms that we are losing salmon habitat faster than it can be restored, and that this trend shows no sign of improvement.

“Indian people have always lived throughout the watersheds of western Washington. We know these places better than anyone else because they are our homes,” said Billy Frank Jr., a Nisqually tribal member and chairman of the Northwest Indian Fisheries Commission. “This State of Our Watersheds report clearly shows that we must reverse the loss and damage of habitat if the salmon, our cultures and our treaty-reserved rights are going to survive.”

You can browse and download the entire or section of the report here.

The report includes data gathered over decades of tribal, state and federal efforts to provide a view of watersheds across western Washington, as well as recommendations for protecting those watersheds and the salmon they produce.

Key findings include:

  • A 75 percent loss of salt marsh habitat in the Stillaguamish River watershed is believed to be a main factor in limiting chinook populations in the river system.
  • Since the 1970s, the status of herring stocks in the Port Gamble Klallam Tribe’s area of concern has dropped from healthy to depressed because of degraded nearshore habitat. Herring are an important food source for salmon.
  • In the Chehalis River system, the Quinault Indian Nation estimates that culverts slow or block salmon from reaching more than 1,500 miles of habitat.
  • Since 1980 the number of permit-exempt wells in the Skagit and Samish watersheds alone has exploded from about 1,080 to 7,232. Property owners not served by a community water system are allowed a water right permit exemption to pump up to 5,000 gallons of groundwater per day. This makes less water available for lakes, streams and wetlands, and can harm salmon at all stages of their life.

The report also documents:

  • Increasing armoring of freshwater and marine shorelines by levees, dikes, bulkheads, docks and other structures that harm natural functions and reduce or eliminate salmon habitat.
  • Disappearing forest cover in our watersheds – especially along rivers and streams – that is not being replaced. Forest cover helps keep stream temperatures low and reduces bank erosion.
  • A huge network of unpaved forest roads, especially those crossing streams, which contribute to sedimentation that can smother and kill incubating salmon eggs.
  • Ongoing salmon habitat degradation on agricultural lands because of tree removal, diking and polluted runoff.

Despite massive harvest reductions, strategic use of hatcheries and a huge financial investment in habitat restoration efforts over the past 40 years, the State of Our Watersheds report shows that we are failing to turn the tide on salmon recovery. This fact is borne out by an assessment of the Puget Sound Chinook Recovery Plan developed by the state and tribal salmon co-managers and adopted by the National Marine Fisheries Service.

Ninth Circuit Affirms Dismissal of Native Village of Kivalina Claims against Oil Companies

The opinion is here.

Briefs and oral argument materials are here.

Lower court materials here.

WaPo on Tribal Concerns re: Keystone XL Pipeline

Here, or here.

 

Cert Petition in Klamath National Forest Endangered Species Act Case

Here is the petition in New 49’ers Inc. v. Karuk Tribe of Indians:

New 49ers Cert Petition

Questions presented:

  • Whether a federal official’s receipt and review of notice of private action, his exercise of discretion as to whether to invoke agency regulatory powers over such private action, and his decision not to invoke such powers, constitute “agency action” for purposes of § 7(a)(2) of the Endangered Species Act.
  • Whether the federal courts lack jurisdiction over the action in light of changed circumstances.

Lower court materials here (case formerly captioned as Karuk Tribe of California v. USFS).

I don’t know the merits of this petition, but it probably should be denied because of the cheese ball (if not downright tacky) caption here.

 

Colville Press Release on Partial Settlement of Pollution Case against Teck Caminco Metals

Here is that release:

Colville Press Release