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LWV Upper Mississippi River Region

UMRR blog

Speak up now to preserve environmental protection and citizen right to comment

4/2/2026

 
The 1972 Clean Water Act is a central piece of federal legislation that forms the cornerstone of water quality regulation in the US today, and it's being chipped away.  First, the Sackett decision removed many wetlands and small streams from protection, and then subsequent changes to the definition of Water of the US (WOTUS) provided detail and codified the decsion in law.  Now there are two bills before Congress ( the PERMIT Act and SPEED Act bills) that seek to limit the government's ability to regulate sources of water pollution.  

As of April 1, 2026, the U.S. House has passed both the
 PERMIT Act (H.R. 3898) and the SPEED Act (H.R. 4776), aimed at accelerating federal reviews under NEPA and the Clean Water Act. These bills focus on shortening lawsuit timelines, limiting environmental review scope, and enhancing electronic permitting.  These bills are now in the US Senate.
Both bills could generate sweeping changes to long-standing federal environmental protections, particularly under the Clean Water Act and the National Environmental Policy Act. These laws have served for decades as foundational safeguards protecting water quality, ecosystems, public health, and democratic participation in environmental decision-making. 

LWV UMRR sought permission from LWV US to write letters to House and Senate members opposing these bills.  The letters have been sent; text follows.  ​
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Rum River: Photo - City of Andover MN
You can also send letters to your US Senators, letting them know about your concerns.  LWV UMRR's "Take Action" page includes information on how to reach your Senators.  
​

Text of the letters sent to US Senators in Minnesota, Wisconsin, Illinois, Iowa and Missouri:

The purpose of this letter is to share concerns from the League of Women Voters Upper Mississippi River Region (UMRR) and League of Women Voters of Minnesota, on two proposed laws: the Promoting Efficient Review for Modern Infrastructure Today Act (PERMIT Act) and the Standardizing Permitting and Expediting Economic Development (SPEED Act).  UMRR represents more than sixty local Leagues throughout the five states of the Upper Mississippi Basin – Minnesota (MN), Wisconsin (WI), Iowa (IA), Illinois (IL), and Missouri (MO).  We work through education and advocacy to ensure sound policies that protect water quality and quantity in the Mississippi River Basin. 
 
Both the PERMIT Act and the SPEED Act are currently being considered in the Senate and could generate sweeping changes to long-standing federal environmental protections, particularly under the Clean Water Act and the National Environmental Policy Act. These laws have served for decades as foundational safeguards protecting water quality, ecosystems, public health, and democratic participation in environmental decision-making. 
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Our concerns are as follows:

PERMIT Act
The PERMIT Act was developed to streamline infrastructure and energy projects by accelerating environmental reviews under the Clean Water Act (CWA), and reducing red tape for construction, agriculture, and energy projects by shortening review timelines.  This includes:
  • extending CWA Section 402 discharge and Section 404 dredge and fill permit terms from 5 to 10 years,
  • accelerating federal permit review, and limiting legal challenges to within 60 days of permit approval
  • weakens Section 401 water quality certification which limits state’s ability to block projects,
  • decreases liability for industrial dischargers releasing contaminants such as PFAS and forever chemicals to surface waters,
  • restricts the EPA from vetoing projects that could harm fisheries and wildlife,
  • redefines navigable waters as contained in the Waters of the US Rule,
  • limits consultation under the Endangered Species Act,
  • and decreases time for filing claims on permits and increasing difficulty to sue over unauthorized pollution discharges.

The PERMIT Act’s proposed narrowing of protected waters and extension of permit durations would significantly weaken federal oversight of discharges and dredge-and-fill activities. This poses heightened risks to Minnesota’s lakes, rivers, wetlands, and groundwater systems, which are central to the state’s economy, outdoor heritage, and drinking water supply. Reduced EPA authority and shortened timelines for legal challenges would limit accountability and public recourse, potentially allowing harmful projects to proceed without adequate review. Of particular concern is the reduced liability for contaminants such as PFAS, which are persistent chemicals linked to serious health and environmental harms.

SPEED Act:
The SPEED Act proposes actions to streamline review under the National Environmental Policy Act (NEPA) for projects and permitting of federal infrastructure and energy projects.  The changes include:
  • limiting NEPA review to direct impacts only, nothing in regard to up stream or down stream impacts,
  • requiring agency decisions on completeness of an application to 60 days,
  • limiting litigation to 150 days after a permit or project decision and filing only by those who are directly impacted,
  • avoidance of NEPA review if projects have already undergone state, tribal or other federal review,
  • and decrease in court ability to substitute their judgment for that of federal agencies.



The SPEED Act’s restructuring of environmental review under NEPA would curtail comprehensive analysis of cumulative and climate-related impacts, restrict public and Tribal participation, and narrow judicial oversight. By limiting review to direct impacts and imposing strict procedural timelines, the Act risks overlooking long-term environmental degradation, disproportionate community impacts, and evolving scientific evidence. Reduced opportunities for public engagement undermine transparency and democratic governance in decisions that may permanently alter landscapes and communities.

Together, the PERMIT and the SPEED Acts could accelerate fossil fuel infrastructure development while weakening environmental safeguards designed to prevent pollution, protect water resources, and ensure informed public participation. For the Upper Mississippi River Region—home to extensive freshwater systems, Tribal treaty-protected resources, and climate-vulnerable ecosystems—the implications are particularly serious.
Given the scale of the proposed regulatory changes and their potential to affect water quality, public health, climate stability, and community oversight nationwide, these issues warrant careful scrutiny and deliberate consideration by the Senate.  We urge you to oppose the passage of PERMIT and SPEED Acts to prevent the potentially disastrous outcomes to the environment and climate change. 

Wisconsin takes steps to protect communities from PFAS

4/1/2026

 
Per- and polyfluoroalkyl substances, also known as PFAS, have been dubbed emerging contaminants of concern in the Mississippi River Basin and beyond. These synthetic chemicals have been widely used in everyday products such as nonstick pans and waterproof fabrics since the 1950s. They’ve also been a key ingredient in industrial applications such as firefighting foam. Today, Wisconsin is passing legislation to address them.
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PFAS are often referred to as “forever chemicals” due to the bond between their carbon and fluorine atoms. While this strength may help repel water, grease, and oil from our goods, it also makes it difficult to remove PFAS from our bodies. This poses a high health risk as studies show links between contamination and cancer, fertility issues, development delays, and more. 

In Wisconsin, bills addressing PFAS have been under debate for years. The state is one of several in the Upper Mississippi River Region facing a widespread presence of the chemicals. In 2019 Starkweather Creek, a Madison waterbody near the Dane County Regional Airport and Truax Field Air National Guard Base, had the highest levels of PFOA (43 ppt) and PFOS (270 ppt) out of all Department of Natural Resources (DNR)  tested waters. In 2023, a survey found that 71% of shallow private wells across Wisconsin contained PFAS.
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In 2026, the state is taking action. Governor Tony Evers approved a rule change in early March aligning Wisconsin’s PFAS drinking water standards with federal limits. The previous contamination threshold of 70 parts per trillion will be lowered to 4.0 ppt for PFOA and PFOS, and 10 ppt for other outlined PFAS groups.

Additionally, in late March legislators across the aisle united to pass a two-bill package directing $125 million towards PFAS contamination efforts. Authored by Sen. Eric Wimberger, R-Gillett, and Rep. Jeff Mursau, R-Crivitz and negotiated with the DNR and several environmental interest groups, the legislation is an example of how diverse stakeholders can come to a compromise for clean water.​

Assembly Bill 130 shields “innocent landowners” and select others from the cost of cleaning up PFAS contamination on their property if they either did not
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Wisconsin State Capitol dome: photo Dela Anderson
 cause it or were in compliance with a prior permit and are willing to allow the DNR to perform remediation at their expense. 

​Assembly Bill 131 creates several new PFAS grant programs, including funds for municipal water supply testing, well reconstruction, treatment technology, emergency bottled drinking water, and more. Notably, the bill also seeks to finance long-term studies, including one to “analyze the migration of PFAS into the Wisconsin and Mississippi Rivers and their tributaries”. 

The bipartisan legislation is set to be signed by Governor Evers in the coming weeks. He celebrated the state’s success in a recent press release, saying “I’ve always believed that every Wisconsinite should have access to clean drinking water that’s free of harmful pollutants, which is why I’ve spent seven years working to clean up our water and get contaminants out of our water supplies for good, including PFAS, which has been a top priority for my administration from the get-go. Today is the culmination of years of work by my administration and marks a historic win for the people of Wisconsin and the health and safety of our kids, families, and communities. It’s a great day for Wisconsin.”

Protecting Public Waters - Knowledge and Litigation

9/8/2025

 
On October 28, LWV UMRR hosted a discussion on the protection of public waters through education, restorative action and litigation.  The video  of this program follows.  
In this video, you will learn how the Upper Mississippi River Driftless Area was formed (not by glaciers!) and how this unique landform is susceptible to pollution from CAFOs and modern row crop practices that threaten our public waters.   And learn, too, about new efforts underway to bring about change.  This program is both educational and inspirational!
This video features Cameron Aker from Trout Unlimited talking about water protection in the Karst region through education and cooperative projects, and Jim Larew from Driftless Water Defenders talking about the litigation they are doing to put more teeth into protecting water.    Jim Larew's talk starts at about 31 minutes in the video, and a summary is available on the LWV UMRR blog at this link.
Trout Unlimited is a conservation group working with land owners to restore trout habitat.  Their Driftless Area Restoration Effort (TUDARE) focuses on restoring trout streams with an added side benefit of improving water quality and diversity of other creatures besides trout.  They do this by working with private landowners, farmers, conservation advocates and government agencies to restore and conserve our cold-water resources.  

Cameron Aker, Trout Unlimited's Engagement Coordinator, will talk about the geology, agricultural practices and cold-water resources in the Driftless Region and similar karst landscapes in Missouri.    Like the Driftless Area, Missouri's Ozark region is characterized by thin topsoil and exhibits sinkholes, streams that sink into the ground and extensive caves.  

Jim Larew is with Driftless Water Defenders, a group that started in Iowa and and is shaking up the water world there.  Driftless Water Defenders is a non-profit Iowa environmental law and advocacy organization founded in May 2024 and focused on reducing farm-related water pollution and pollution-caused threats to public health in the Driftless Area of northeast Iowa, and statewide.  The DWD got started because some Iowans decided enough is enough, and it’s time to confront head-on industrialized agriculture’s assault on our water resources.

Driftless Water Defenders is intent on changing public policy, engaging citizens and, when necessary, litigating matters to protect and enhance Iowans’ access to clean water for personal, business and recreational purposes. Driftless Water Defenders manages a comprehensive program of focused litigation, persistent public engagement, and effective fund-raising to accomplish its mission.
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While Cameron's talk centered on the geology and value of the Driftless Area, Jim's talk focused on what is being done by the Driftless Water Protectors to litigate on behalf of clean water.  Jim talked about the current state of waters in Iowa and the growing outrage and resulting movement to make change.  Following are some related references for further reading.

Inside Iowa Politics: Reasons why solving Iowa cancer crisis is tough

Researchers question if agriculture is to blame in Iowa cancer crisis

‘Cancer Is Just Everywhere’: Could Farming Be Behind Iowa’s Unfolding Health Crisis? + More - Science, Public Health Policy and the Law

Of Corn and Cancer: Iowa's Deadly Water Crisis

Why Iowa Chooses not to Clean up its Water​

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Kayaking in Iowa's Driftless Area


Click here to watch the video!
Cameron Aker, Engagement Coordinator, Trout Unlimited Driftless Area Restoration 
As the Iowa Driftless Engagement Coordinator for Trout Unlimited, Cameron Aker helps connect growers, landowners, anglers, volunteer groups, and government agencies to help restore the cold-water habitats of Iowa.  

Cameron has spent the past 17 years of his career in the Ag Industry, where he worked with growers, researchers, and other partners to help identify and implement solutions for growers.  

Much of his work has been in ag research, where he focused on various input effects on crop performances as well as cropping systems. In these roles, Cameron managed projects between partners and the budgets and deliverables between them.  

Cameron is originally from west central Indiana, where he gained his love for the outdoors. After moving to Iowa in 2016, he began fly fishing, which has quickly become an obsession. Cameron is a member of many 
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conservation focused groups, including Trout Unlimited, Backcountry Hunters and Anglers, and Hawkeye Fly Fishing Association.  Cameron and his wife Vivian live in Ames, Iowa. They enjoy hiking, canoeing, camping, and many trips to the beautiful Driftless Region of Iowa together. Cameron also enjoys hunting, fly fishing, and fly tying, whenever possible.  

Cameron started with Trout Unlimited in mid-April of 2024 and is connecting Trout Unlimited with many partner groups and visiting potential project sites with landowners. Cameron has also been working with the Iowa Trout Unlimited Chapters to build momentum with the Wise H2O project on water quality and listening to concerns and ideas around member engagement.  

Cameron was a guest on the Orvis Fly Fishing Podcast - click here to listen in and learn about his work!  Cameron's talk starts at about 39 minutes.  


James Larew, Esq.    -  Registered agent for Driftless Water Defenders and Attorney at law
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Jim Larew serves as the Attorney to the Board for the Driftless Water Defenders.

For more than thirty years, Attorney Jim Larew has had the privilege of providing legal services to Iowans throughout the state.

As an honors graduate of both Harvard University and the University of Iowa College of Law, Jim practices law over a broad range of civil and criminal matters including employment, civil rights, family law, environmental law, and property law.

Jim tried many cases in state and federal courthouses in Iowa and Illinois, and argued appeals before the Iowa Supreme Court and the Federal Court of Appeals for the Seventh and Eighth Circuits.
From 2007-2011, Jim was called to serve as General Counsel to Iowa Governor Chet Culver, and also served as Policy Director and Chief of Staff in the Office of Governor.

Upon his return to private practice, Jim expanded his general law practice in Iowa City to include an office in Des Moines. He broadened the focus of his law practice to include advocating for the interest of Iowa policy holders against insurance companies who acted in bad faith; against environmental polluters; and against owners of nursing homes and care facilities who injured residents through indifference or neglect.

Data Centers and other large water users... looking at more effective groundwater governance

3/5/2025

 
Carrie Jennings, Policy Director for the Freshwater Society, speaks in this webinar on effective groundwater governance. With support from the Joyce Foundation, Carrie and her associates have developed a series of recommendations for local governments when dealing with water-intensive industries like data centers and beverage companies. Large water users like data centers, industrial scale agriculture, and beverage companies are eyeing water-rich states in the Great Lakes region.  State and local governments need to provide guidance for responsible economic
development while maintaining a sustainable water supply, and specifically managing groundwater for the long term. Data centers are growing especially quickly - there are already 400 data centers in the five Upper Mississippi River Basin states, and many more are proposed throughout the region.
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These data centers provide cloud storage, AI servers and cryptocurrency mining services.  Their energy use is intensive, and many propose to use water for cooling.   Data center builders look for areas with reasonable land costs, a stable power grid with good interconnections, water for cooling, and a favorable regulatory environment.  With them come concerns about water use, power demand and environmental factors such as noise and light pollution.  Carrie Jennings will address the question: How can we support economic development while ensuring water availability to support communities and the environment into the future?
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Additional resources:

Water-guzzling data centers spark worries for Minnesota's groundwater, Minnesota Public Radio

​Data Centers and Groundwater Usage, Joyce Foundation

Water Planning is critical for data centers and other large development projects, Freshwater Society


The Digital Dilemma: The environmental cost of AI, cryptocurrency, and data centers, Minnesota Center for Environmental Advocacy webinar
Speaker - Carrie Jennings, Research and Policy Director, Freshwater Society (she/her/hers)

Carrie joined Freshwater in 2016. She has been a field geologist for 24 years, 22 of those with the Minnesota Geological Survey and two with the DNR, Division of Lands and Minerals. Carrie is Adjunct Graduate Faculty at the U of M and was the science reports lead for the County Geologic Atlas program at the DNR. She applies her understanding of glacial geology and landscape evolution to shape policy and technical approaches for managing surface water and groundwater, avoiding hazards, and  using resources wisely.

Carrie and her husband live on a 120-acre farm which is primarily in a permanent conservation easement through the Dakota County Farmland and Natural Areas Program. Livestock is limited to a dozen chickens, a dog and a couple of cats. She has twice been elected town board supervisor and served on the planning commission for Eureka Township.
Farmington residents sue city over proposed data center campus, Minneapolis Star Tribune 

Data Centers are growing fast and reshaping local economies, US Census Bureau

Key trends and technologies impacting data centers in 2024 and beyond, Data Center Knowledge

Data Center Map (above), Data Center
Map

Elko-New Market can pump more groundwater to supply bottled water plant, Minnesota Public Radio

Exporting water from the Mississippi River basin one  .5 liter bottle at a time, LWV UMRR blog



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Federal Lawsuit aims to abolish Swampbuster                        February 4 webinar

1/15/2025

 
In this video,  attorney Katie Garvey from the Environmental Law and Policy Center and Elle Gadient, Delaware County Farmer & Iowa Farmers Union Beginning Farmer Representative discuss a federal lawsuit aimed at abolishing Swampbuster provisions that protect wetlands on agricultural lands.   Swampbuster is a last bulwark of protection remaining after the Sackett decision gutted wetland protections in the Clean Water Act.    This program was hosted by Mary Ellen Miller, Chair of LWV Upper Mississippi River River Region.
The Chicago Tribune reported on Jan 15 2025: 
" ... a federal lawsuit brought before a district court in Iowa by a Chicago investor and two libertarian law firms based in Texas and California (
CTM Holdings, LLC v. U.S. Department of Agriculture) in April aims to abolish Swampbuster. It’s one of the federal government’s last mechanisms to safeguard wetlands, whose protections have been severely curtailed over the last decade by the first Trump administration and conservative Supreme Court justices just as climate change makes them more necessary.​
What is Swampbuster? 
Swampbuster is a conservation compliance provision that was introduced in the 1985 Farm Bill as part of the Wetland Conservation Compliance Provisions, to discourage the production of agricultural commodities on converted wetlands. It states that people who convert wetlands to allow production of agricultural commodities will be ineligible for USDA benefits until the functions of the converted wetlands are mitigated or restored. 

From the NRCS publication, Wetlands and Conservation Compliance, 2011
Thirty million acres of unprotected wetlands in the upper Midwest, including over 640,000 in Iowa and 1 million in Illinois, are at risk of being destroyed, according to a new study by the Union of Concerned Scientists. These same wetlands provide nearly $23 billion in annual flood mitigation benefits and have the potential to provide hundreds of billions of dollars of mitigation benefits as climate change increases precipitation across the region."

The Iowa Farmers Union, Iowa Environmental Council, Dakota Rural Action, and Food & Water Watch were approved to intervene in this federal lawsuit in Iowa District Court.  Read more about this here.  
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Retired Chicago lawyer James Conlan, owner of the 71-acre Iowa farm property seen here, has sued to overturn a voluntary federal wetland conservation program called Swampbuster. (Stacey Wescott/Chicago Tribune)
Our speakers were Katie Garvey, Staff Attorney with the Environmental Law and Policy Center in Chicago, and Elle Gadient, Delaware County Farmer & Iowa Farmers Union Beginning Farmer Representative.  Katie is  representing members of the Iowa Farmers Union who formally entered the case as intervenors earlier this month. It marks the first time farmers directly implicated in the lawsuit will be involved.   Elle and her husband, Steve Besler, are two of those farmers.   

​In our video, you will hear about the case, their views of the merits of the case and what's at stake if the law is abolished.   Katie
discusses how the Swampbuster lawsuit threatens federal wetlands protection as well as the foundations of American farm policy, and Elle followed up with her experience as a first-time farmer trying to get a foothold in a landscape where corporate farms dominate.   Elle believes that  "Iowa farmland should be owned and managed by Iowa farmers and that our farmland and watersheds need to be protected for the future, for Iowans, for the environment, and for those downstream from us. These small streams and local watersheds eventually flow into the Mississippi River."
                   Katie Garvey (photo ELPC)                                          Besler-Gadient farm (photo Chicago Tribune)                                  Elle Gadient (photo Forbes)
Katie Garvey
Katie Garvey is a Staff Attorney in ELPC’s Chicago office. She works to keep the Midwest’s waters clean and safe, including from agricultural runoff. During law school, Katie interned for Judge Lawrence M. McKenna for the South District of New York, as well as for Food and Water Watch, and she served as the Membership Editor for the Northwestern University Law Review. Before joining ELPC, Katie was a litigator at the Sidley Austin law firm handling complex cases and enforcement actions in federal and state courts around the country. There, she was awarded the Morsch Award and the Northern District of Illinois’ Award for Excellence in Pro Bono Service for her work in prisoners’ and immigration rights.
Elle Gadient
Elle grew up on her family’s diversified farm in eastern Iowa and is the fifth generation in her family to farm in the Midwest. She graduated from Wartburg College in Waverly, Iowa with majors in environmental science and business administration.

​In addition to farming with her husband, Elle is dedicated to supporting family farmers and rural America. 
She was included on Forbes’ 2023 prestigious 30 Under 30 list, recognizing her leadership to “redefine the way we eat, drink and think about consumption.”  
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Besler-Gadient Farm (photo Elle Gadient)

Lake cleanup success, and climate-smart ag progress

12/2/2024

 
Two recent stories reported in the December Minnesota Board of Water and Soil Resources Snapshots newsletter focus on success: success in cleaning up lakes by working to reduce phosphorus inflows in their watersheds, and success in the growth of climate-smart agriculture practices.
Bone Lake Delisted:
Water quality improved decades faster than anticipated in 2004, when Bone Lake was listed as impaired for aquatic recreation because of excess nutrients. The 220-acre Washington County lake has met the state standard for phosphorus levels each year since 2015. Water clarity — once limited to about 12 inches — has shown improvements since 2011.  Full story in attached .pdf.
snapshots_story_2_december_2024_clflwd_bone_lake_delisting_iii.pdf
File Size: 1981 kb
File Type: pdf
Download File

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Climate-smart Ag Pilot:
A pilot program aiming to boost implementation of climate smart agricultural practices in four states provided incentives to nearly 400 Minnesota producers during its first application round this summer. A second round slated to open Jan. 2 will extend incentive opportunities to more farmers in participating counties. Climate-smart practices are those that sequester carbon, reduce greenhouse gas emissions, increase soil health and improve water quality.  Full story in .pdf below.  

snapshots-story-1-december_2024-_alliance_pilot.pdf
File Size: 2149 kb
File Type: pdf
Download File

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Pure Water Iowa exhibit hits the road!

4/18/2024

 
With help from a grant from the Mississippi River Network, LWV UMRR and artist Christine Curry will be showing up at venues up and down the river with this display.  Come and see it when it's in your area!  Here's a partial list - sign up to get updates as we travel!
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Friday, April 12-20: Pure Iowa Water—Pop Art Exhibit Opening Reception Friday, April 12 from 2 to 4 p.m. at the Galena Public Library, Galena, Illinois.  Exhibit remains on display until April 20th. 
For more details, click here.

Monday, April 22-23: Pure Iowa Water—Pop Art Exhibit will be at the Musser Public Library in Muscatine, Iowa with a special Earth Day program starting at 6 p.m., Monday, April 22nd.   
For more details, click here.

Wednesday, April 24-25: Pure Iowa Water—Pop Art Exhibit will be at the Environmental Learning Center in Muscatine, Iowa, with a special presentation at Thursday, April 25th at 10 a.m.
For more details, click here.

Many more dates to come, from St. Paul to St. Louis!  Sign up to get updates and come see the exhibit when it comes to a river town near you!  

Clean Water Forever Campaign - Prairie Rivers Network

2/23/2024

 
ILLINOIS, WE HAVE A PROBLEM! ​
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​Of the streams that Illinois EPA has assessed for water quality conditions from 2020–2022:
  • 40% are too polluted to support aquatic life
  • 62% are too polluted to support indigenous aquatic life
  • 85% are too polluted to support swimming or direct human contact
  • 100%. Yes, 100% are too polluted to support fish consumption
 This is a startling headline, and a grim situation.  The Prairie River Network is aiming to reduce this pollution through their new Clean Water Forever campaign.  

In the video to the right,  Robert Hirschfeld, Director of Water Policy for the Prairie Rivers Network describes the work that the PRN has begun with their Clean Water Forever campaign.   LWV UMRR Chair, Mary Ellen Miller, moderates the session and leads a good discussion after the presentation.  

This campaign that aims to change the way Illinois thinks about and cares for its water. Starting in southern Illinois and working their way north, PRN will support downstream communities by listening to their concerns and helping to identify and implement locally-informed solutions and financial resources. Through these efforts, PRN will support communities as they build climate resiliency and advance their vision for the future.  Clean Water Forever starts with telling the truth about the water quality crisis in the Midwest and ends with finding long-term solutions to protect Illinois communities.
Click here to watch the webinar on YouTube!
Robert Hirschfeld is the Director of Water Policy for the Prairie Rivers Network.  The Prairie Rivers Network is  based in Champaign, Illinois.  
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Bio details:  ROBERT HIRSCHFELD, DIRECTOR OF WATER POLICY

​Robert leads PRN's efforts to ensure water quality, water quantity, water access, and water equity for all of Illinois. He advocates and speaks for clean water, river protection, biological integrity, wildlife conservation, and climate mitigation and adaptation. Through collaboration with local, regional, state and national partners, he pursues policies, programs, and strategies that will ensure the long-term health and beauty of 
Illinois’ communities, rivers, and habitat. He also works on many of PRN’s communications and social media campaigns, and he produces videos and podcasts.
​
Background: Robert joined PRN in March 2011. Before joining the professional staff, Robert was a legal intern for PRN, working on Clean Water Act compliance and enforcement. Robert sometimes dabbles in music.
Education: B.A. in religion and Asian studies from the University of Puget Sound and a J.D. from the University of Illinois College of Law
About the Prairie Rivers Network:
T
he Prairie Rivers Network works to protect water, heal land and inspire change, using the creative power of science, law, and collective action.  Prairie Rivers Network is the independent, state affiliate of the National Wildlife Federation.
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You can read the PRN 2020-2024 Strategic Plan for more information on their mission and vision for Illinois’ rivers and streams.  Here are links to information about PRN's organization:

                                                                                           MISSION & HISTORY
                                                                                           ACCOMPLISHMENTS
                                                                                           BOARD OF DIRECTORS
                                                                                           STAFF

The Clean Water Act Implementation after Sackett

10/4/2023

 
What does the Sackett decision mean for the Clean Water Act, and the streams and wetlands that are no longer protected?  In LWV UMRR's November 6 educational event, we discussed the implications of the Sackett vs EPA decision that restricted implementation of the Clean Water Act.   

The video at the right, 1.12 hours long, includes detailed information on the history leading up to the Sackett decision , and where we go from here.

Our guest speaker was Rob Lee, staff attorney for Midwest Environmental Advocates (bio below).  Rob provided a brief history of the Clean Water Act (CWA) prior to 2015 regulations defining Water of the US (WOTUS), and the 2020 Navigable Water Protection Rule.  He followed this up discussing the May 2023 Supreme Court Ruling and the now revised regulations just issued by US EPA and the Corps of Engineers with a final revised definition of Waters of the US.  

Following Rob's remarks, LWV UMRR's Gretchen Sabel presented information on the status of wetland regulation in the UMRR states based on a 2022 analysis by the Environmental Law Institute, followed by a look at LWV positions that relate to actions supporting strong implementation of the CWA.   The program wrapped up with a discussion period led by  LWV UMRR Chair Mary Ellen Miller.  
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Priest Lake in Idaho; photo NBC News

You'll find more information 
on the Sackett decision here and here on the LWV UMRR blog.  Here's a link to an excelllent blog article by Jared Mott of the Izaak Walton League that also provides background.  
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What does the Sackett decision mean for our waters?

5/27/2023

0 Comments

 
The Supreme Court's decision in Sackett vs EPA curtailed the federal government's authority to regulate wetlands and ephemeral streams under the Clean Water Act.  This post on the LWV UMRR Blog includes some reactions to the decision.  
So what was the actual decision?  The Supreme Court ruled that there must be a continuous surface connection to 'waters of the US', i.e., traditionally navigable waters.  This release by the Gibson Dunn law firm explains it in greater detail.  
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Photo credit: Minnesota Pollution Control Agency
The implications of this decision will vary by state, depending on how the state regulates ephemeral waters.  (Ephemeral waters are waters that present in wet times but vanish in dry times.  A permanent wetland can be isolated in dry times, but connected to a lake, river or stream in wet times.)

The author of this blog post checked State Departments of Agriculture in the five states now part of the LWV UMRR family.  Wisconsin, Illinois, Missouri and Minnesota had no mention of the Sackett decision as of May 29.  Iowa Secretary of Agriculture Mike Naig, applauded the decision as bringing needed certainty to farmers.    

In states where state regulations do not prohibit removing isolated wetlands or preserving ephemeral watercourses, it's reasonable to think that there will be significant pressure to develop or farm in these areas.   Even if something like this is allowed now, those who do the developing and farming will still face the reality that water 'seeks its own level', meaning that in large rainfall events or wet seasons these areas will again be inundated and the water will need to be dealt with.  Where will this water go?
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​ In 2017, the Minnesota Pollution Control Agency published a report on the Minnesota River.  In this report,  MPCA found  "More water brings more pollutants from the landscape, increasing runoff, increasing flow. Flow is increasing across the Minnesota River basin because of dramatic changes the landscape through drainage for cropland. People drained wetlands and ponds while installing extensive tiling and ditch systems. And a changing climate means more heavy rains. "
The Minnesota is degraded by excess nutrients and sediments that erode streambanks and bury aquatic habitat.  The increased flow in the river due to the drainage of the extensive wetlands that covered the land before European settlement has caused significant damage to the river.  
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Th is has led to the Minnesota being not only a major source of nutrient pollution to the Mississippi, but also being   "a river where aquatic life struggles." 
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Rivers and streams across the Midwest are similarly degraded.  The Sackett decision can lead to more drainage and more development.  This expansion will alter the hydrology, leading to two major concerning outcomes.  One will be reducing the time that water has to sink into the soil and replenish groundwater; the other will be the direct discharge of more runoff to surface waters, making them hotter and dirtier.   (Want to learn more about the role of groundwater in the hydrologic cycle?  Read here.) Hotter and dirtier water will mean more struggles for aquatic life, and less 'fishable and swimmable' waters overall.   

Now that the federal government has opened this door, it will be up to individuals, local governments and state leaders across the country to decide how protected our waters will be for the foreseeable future.  
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