Author: Ana Gelevska

Southern Ocean Officially Named Fifth World Ocean by National Geographic

For years, children worldwide have grown up memorizing the basic facts: there are seven continents and four oceans: Atlantic, Pacific, Indian, and Arctic oceans. Until now. On June 8, 2021, the National Geographic Society published their article recognizing the Southern Ocean surrounding Antarctica as the fifth world ocean (Gibbens, 2021).

What’s in a Name?

Changes to world maps are usually made due to political agreements and modifications. For example, Czechoslovakia split into the Czech Republic and Slovakia, Swaziland voted to change its name to Eswatini. The Republic of Macedonia changed its name to the Republic of North Macedonia. These changes have political significance, in most cases for foreign policy purposes.

National Geographic geographer Alex Tait explained why naming conventions are essential: “Part of mapping the world is using place names and features that are in common use among people who are describing the world, and this gets into some other things other than geopolitical naming” (Gibbens, 2021). Tait highlights that despite National Geographic’s prominence in the mapping world, giving its official decree more weight, others have started to use the term “Southern Ocean”.

Limits of the Southern Ocean

While this recognition leaves a notable impression on geographers around the world, the Southern Ocean’s classification as an independent ocean has been contested amongst researchers for centuries. The debate stems from the connectivity of the Southern Ocean with the Atlantic, Pacific, and Indian Oceans. The existing world oceans are characterized by their boundaries, which are established by continents. As there are no landforms to define the boundary of the Southern Ocean, it was thought to be an extension of these waters. While there are no physical boundaries defining the Southern Ocean, Antarctica is surrounded by the Antarctic Circumpolar Current (ACC); the world’s strongest ocean current (Flowers, 2021).

The ACC was formed approximately 34 million years ago when Antarctica split from South America (Gibbens, 2021). The current flows from west to east around Antarctica in a broad fluctuating band that roughly follows 60 degrees latitude south. According to an article written by Jennifer Flowers for AFAR, the ACC plays an important role in exchanging nutrients and regulating ocean temperatures. The Southern Ocean is distinct ecosystem as the ACC keeps the ocean waters at temperatures ranging from -2 to 10 degrees Celsius. This provides habitat to unique wildlife that cannot be found anywhere on the planet.

“New” World Ocean

Although this ocean, until recently, has not had an official name, it isn’t entirely new. Back in 2000, experts proposed boundaries for the Southern Ocean, but all the countries making up the International Hydrographic Organization (IHO) could not come to a unanimous decision on how the Southern Ocean would be distinguished. To this day, the Southern Ocean is still not recognized by the IHO, but it is anticipated that this move by National Geographic will pave the way for international recognition.

The National Geographic Society’s map policy committee had been considering making this important change for years. The change aligns with the Society’s initiative to conserve the world’s oceans, focusing public awareness on a region in particular need of a conservation spotlight.  Alex Tait states “we’ve always labeled it, but we labeled it slightly different [than other oceans]” (Gibbens, 2021).

The National Geographic Society hopes that by drawing attention to the Southern Ocean, they can raise awareness and promote the conservation of this critical system.

Sources:

Flowers, J. (2021, August 26). Introducing the world’s newest ocean. AFAR Magazine. https://www.afar.com/magazine/the-southern-ocean-was-just-named-earths-fifth-heres-why

Gibbens, S. (2021, June 8). There’s a new ocean now—can you name all 5?. National Geographic. https://www.nationalgeographic.com/environment/article/theres-a-new-ocean-now-can-you-name-all-five-southern-ocean

Urban Ecology: A Bright Future for Sustainable Cities

What Is Urban Ecology?

Urban ecology is a discipline that studies ecosystems that include humans living in cities and urbanized landscapes. This interdisciplinary field focuses on researching how humans and ecological processes can co-exist. The ultimate goal of urban ecology is to understand human-dominated systems and to help societies in their effort to become more sustainable.

Considering the interdisciplinary nature, the term “urban ecology” also includes the study of humans in cities, nature in cities, as well as the relationships between humans and nature in general. Each research area has an essential contribution in terms of collecting data and researching the processes of urban ecosystems. 

Within the science of ecology, urban ecology is defined as a study of processes, structure, and dynamics in urbanized areas. Urban ecology studies the relationships between human and non-human organisms in urban areas, interactions between organisms and their relationship with the native and constructed environment, and how these relationships between organisms impact the fluxes of energy, materials, and information within urban and nonurban systems.

The methods and concepts used in the study of urban ecology are based on biological science and interact with social science concepts, approaches, and concerns, thus producing a hybrid discipline. Subject to research in urban ecology are individual organisms, populations, communities, landscapes, and buildings and infrastructure. Furthermore, urban ecosystems are part of the global biogeochemical, economic, and human demographic.

Why Is Urban Ecology Important?

According to the United Nations’ median projection (2015a), by 2030, the world’s population will grow to around 8.5 billion. Additionally, a report released by the United Nations UN Department of Economic and Social Affairs (DESA) states that by 2050, two out of every three people are likely to be living in cities or other urban centers. As a result of demographic shifts and overall population growth, approximately 2.5 billion people could be added to the urban areas by the middle of the century. This increase in population is expected to be highly concentrated in several countries. In addition to the demand for space for building homes, these people will need breathable air, potable water, and food.

The phenomenon of urbanization is already having a profound effect on the natural system. However, there are large areas of green spaces within cities (lawns, parks, golf courses, wetlands, nature preserves, etc.) which filter the pollution in air and water, produce oxygen, mitigate urban heat island effects, and provide habitat for many plant and animal species.

The development of landscapes in the past quarter-century draws scientists’ and environmentalists’ attention. They have recognized the need to understand the interactions of the living and non-living components of the urban ecosystems.

Evolving Discipline of Urban Ecology

Human settlements are specific ecosystems and a unique combination of human-made structures and natural elements, maintained by complex interactions within and between ecological and social systems. Today, urban areas face many daunting environmental and social challenges, including air and water pollution, increased stratospheric ozone levels, increasing energy demands, poor waste management, and food shortages.

Our planet has advanced into a stage of human–ecosystem relationships in which there is an immense economic and environmental interconnection in cities (Haughton & Hunter, 1994). The impact of this connection has grown from local and regional phenomena, to global in scale. In order to efficiently address and mitigate the social and environmental challenges arising from urbanization and human activities, there is a need to promote and advance the field of urban ecology. Urban ecology is focused on a diverse array of new research results, conceptual frameworks, designs, plans, policies, and vital debates, developed by urban ecology academics, professionals, and students worldwide. 

History of Urban Ecology

Urban ecology arose in the early 1970s as a subdiscipline of ecology. Urban ecology is closely aligned with a relatively new discipline called landscape ecology and long-established discipline of geography. The approaches and frameworks used in other disciplines make the boundaries of urban ecology blurred, and therefore, it is impossible to set a unified definition. A commonly used definition for urban ecology is the study of environmental impact and sustainability of urbanization with a focus on biodiversity, ecosystem processes, and ecosystem services.

Urban Ecosystems

Urbanized areas can be viewed as a specific ecosystem due to their ecological attributes. Urbanized areas need enormous inputs of energy and materials for sustaining the human population and the diverse activities and to maintaining its structure and growth.

Humans are the dominant species in urban ecosystems. Their activities significantly impact many other species and ecological functions within urban ecosystems. Urban areas are urban–industrial techno-ecosystems dominated by businesses, dwellings, factories, roads, and other infrastructures of the human economy; including urban green spaces.  

Urban areas are fundamentally dependent on the surrounding ecosystems, providing them with necessary resources and assimilating generated waste. An urban population’s ecological footprint (eco-footprint) is the area of ecoscape (landscape and seascape) critical for supplying food, energy, materials, waste disposal, and other essential goods and services. On average, one individual has an eco-footprint of about 2.7 hectares, while there are only 1.8 ha of bio-productive land and water on Earth (Ewing et al., 2010). In other words, humanity has already overreached the global bio-capacity by 30 %.

Future Challenges

Urban ecosystems sustain humans, associated non-native organisms, native species, and fragmented habitats. An urban ecosystems’ primary function is to supply immense quantities of natural resources and waste assimilation. The greatest challenge for urban ecologists is to develop a sustainable urban ecosystem and exchange of energy that doesn’t affect biodiversity. Ultimately, the knowledge of urban ecology will be used in mitigation and reducing the urban–industrial footprint. When scientists can develop such a plan, urban areas will become more ecologically sustainable than they are today.

Currently, urban ecology is unable to satisfy the growing demand for knowledge and solutions to create healthy, green, biodiverse, and resilient urbanized areas. With joint efforts, environmental conservationists, architects, planners, engineers, landscape architects, land managers, and policymakers are trying to achieve the full potential of urban ecology. Numerous studies contribute to the development of this discipline, including research of urban climate, urban sustainability, soils, vegetation, animals, ecosystems, green spaces, parks, people’s use of the environment, planning, management, and policymaking. Emerging disciplines relating to urban ecology, such as green architecture, smart growth, progressive planning, water conservation, can help create efficient and environmentally conscious urban infrastructure.

It’s Almost Wildfire Season: Will It Be Another Devastating Year?

Do Wildfires Occur Naturally?

The answer is YES. Wildfires are a natural occurrence within some forest ecosystems; over recent years, the wildfires have become more extreme and widespread. Even in tropical rainforests, where fires are atypical, wildfires became particularly damaging, which is a worrying fact that requires a solution. The favorable conditions for more frequent, more extensive, and higher-intensity wildfires result from climate change. Therefore, researchers and governments must develop an efficient plan to manage these risks together.

Fires are a natural phenomenon that forests have evolved to withstand. Regardless of the degree of damage, forests in most cases re-grow. However, high intensity fires may cause such severe damage that the soil may take years or even decades to regenerate.

How Does a Wildfire Start?

The ignition of a wildfire depends on three elements: fuel, and oxygen. On a hot day, when drought conditions peak, a tiny spark has the potential to create a large wildfire across hundreds of miles of forest. As previously mentioned, wildfires can occur naturally from the sun or a lightning strike. Wildfires can also ignite from human error, such as lit cigarette butts, unextinguished campfires, improperly burned debris, and arson.

Re-growth Process

After a fire, pioneer species are the first to adapt to the changing landscape. The hardy plants undergo adaptations making them suitable to compete in the post-fire environment. For example, Blanket Flower seeds could germinate, take root after a fire, and remain viable in the soil for up to two years. As hardier species grow, they create the conditions needed for the species from the original forest to return. In some Canadian woods, the Aspens are among the first trees that return after fires, which allows the Black Spruce trees to take root in the shades. Eventually, the original species out-compete the pioneers and become dominant. As a result, the newly rejuvenated forest is like the one before the fire. The cycle repeats itself since the accumulation of leaf litter provides the fuel necessary for another fire.

Harmful Effects of Wildfires

Wildfires affect the entire ecosystem and have an immediate and long-term effect on the quality of the rivers, lakes, streams, and other water bodies. Additionally, the fire is devastating for the vegetation, and therefore the ground’s soil becomes hydrophobic and prevents water absorption. The inability to absorb the excess water leads to the transportation of debris and sediment into larger bodies of water. Furthermore, valuable, and essential waterways and resources are polluted with heavy metals from ash and soil: post-fire flash floods and stormwater runoff are the most noticeable consequence resulting from wildfires.

Wildfire’s impact on vegetation mainly depends on the temperature and time of year of its occurrence. For instance, small trees and plants on the forest floor are the most affected and often destroyed by wildfires, while the adult trees may survive when the fire does not spread into the tree canopy. The flames engulf many animal species’ homes and food sources and make them susceptible to diseases, fungus, and insect invasion due to reduced resistance and sometimes threaten their survival.

Poor air quality is another consequence of wildfire, both immediate and long-term. As forests burn, large amounts of smoke are released into the atmosphere. The smoke particles are made up of gases and water vapor that have the potential to travel great distances and pose a severe threat to human health. Smoke particles can easily enter the human respiratory system and become lodged deep within the lungs. This makes breathing difficult and puts stress on the heart.

The Ecological Benefits of Wildfires

While wildfires have immense destructive power, there are several ecological benefits to fires. Namely, some plant species require regular burns to spread their seeds and grow again. Fires effectively destroy diseases and insects that may harm the livelihood of plants. Also, fires remove the excess debris from the forest floor and allow the nutrients from sunlight to reach understory plants. Low intensity and controlled fires clear underbrush and prevent future fires from spreading.

The new grasslands created after wildfires provides food for grazing species. The continual cycle of life in ecology promotes growth and allows change in the ecosystems. As plants and vegetation die, new life begins, and the environment heals.

What Do the Numbers Tell Us About a Catastrophic Year of Wildfires?

The 2021 wildfire season involved highly damaging wildfires in multiple countries: Algeria, Cyprus, India, Israel, Russia, Turkey, France, Greece, Italy, Canada, Mexico, United States, Argentine Patagonia, and Australia. Notably, the wildfire season is substantially more prominent than in previous history. The historic droughts and heat waves strengthen the intensity and the scale of the fires.

According to the U.S. National Interagency Fire Center, 7.1 million acres were burned in 2021, compared with 10.1 million in 2020.

Scientists explain that the season of high fire threat is stretching longer and longer. Following the annual statistics, wildfires were primarily confined to four months. Recent years have proved that everything changes, and extreme fire threats are observed throughout the year. According to the statistics, by June 2021, close to 29,000 wildfires had ignited across the U.S., which is approximately 4000 times higher than average years. The drought, extreme heat, and reduced snowpack contributed to the severity and extremity of the fires.

Wildfires and Landscapes

Mega-blazes once were considered as a career highlight for firefighters. To deal with a fire that blackens more than 100,000 acres is a challenge that was a rare occurrence in the not-so-distant past. Still, many firefighters state that mega-blazes are becoming the norm and routine. During the summer months, fires of that magnitude occur weekly. As a result of record-breaking drought and unprecedented heatwaves, wildfires turn the landscapes into tinderboxes.

Fires deplete reserves, which has stressed the supply of firefighting resources. Intense fires require urgent action to protect the public, which in turn, raises the costs of emergency response. In 2021 alone, the cost of extinguishing wildfires in the U.S. was over $4.4 billion, according to the NIFC (U.S. National Interagency Fire Center), which is double the 10-year average for federal firefighting costs.

Strategies to Protect Ecosystems and the Environment

The extreme intensity of the 2021 fire season has raised the stakes. The catastrophic consequences forced governments to reassess their fire suppression strategies. Scientists from National Oceanic and Atmospheric Administration (NOAA) warned that current climate models show the continuing high trend greenhouse gas emissions could increase the risk of larger wildfires by six times in the next three decades.

Legislators have granted close to a $1 billion budget for wildfires prevention for the 2021 fiscal year and at least $200 million annually over the next 6 years. Additionally, NOAA’s budget request for the 2022 fiscal year included a $15 million increase for funding fire weather research that will give communities access to current weather models.

Wetland Carbon Cycling: Monitoring and Forecasting in a Changing World

Wetlands comprise only 9% of the Earth’s surface and contain a significant proportion of the terrestrial carbon (C) pool. Wetlands provide a number of ecosystem services, in addition to maintaining biodiversity. Moreover, wetlands play an important role in landscape function, including cycling of carbon, water, and nutrients, food, and fiber production, water purification, regulation of flows, habitat provision, as well as tourism and recreation services. Soils comprise the most extensive terrestrial C pool, and wetlands have the most crucial component, estimated to range between 18-30 % of the total soil C (global terrestrial carbon). Wetlands are an essential part of the global C budget but typically are omitted from large-scale assessments. The reasons for wetlands being excluded are inadequate models and limited knowledge and information of C turnover and temporal dynamics.

What Is the Carbon Cycle?

Carbon is the primary building block of all life on Earth. Plants and animals use carbon to build their cell structures. Stored carbon can be released or emitted through the process of respiration or when cell structures decompose, are burnt, or in the case of soil carbon, disturbed. The more straightforward definition of the carbon cycle is a multitude of processes by which natural systems absorb and emit carbon.

 From the formation of Earth and the first living organisms, the processes of emitting and sequestering carbon were generally balanced prior to the Industrial Revolution. For millennia, vast amounts of carbon have been trapped in highly condensed forms such as coal, oil, and natural gas; also known as fossil fuels.
Since the industrial expansion, fossil fuels are burned for energy in the manufacturing process, thus the carbon content of fossil fuels are released into the environment. Additionally, human activities, like land clearing, have disrupted the natural sequestering processes. Consequently, carbon emissions are one of the primary causes of the greenhouse effect and climate change.

Wetlands and the Carbon Cycle

The dynamic and crucial role of wetlands in carbon sequestration and storage has generally been underestimated. According to the Ramsar Scientific and Technical Review Panel, despite the minor wetland coverage of the planet’s land surface, they store approximately 35% of terrestrial carbon. Since wetlands have the capacity of high productivity in the landscape, they also have an increased ability to sequester and store carbon. Additionally, wetlands are depositional areas. Therefore, these areas have the capability to store carbon-rich organic sediments. Under anaerobic conditions, wetlands produce greenhouse gases (GHGs) that contribute substantially to global warming.

Loss of wetlands, through land clearing or draining, can lead to significant losses of stored organic carbon to the atmosphere. Wetlands need an adequate evaluation of their contribution to climate change mitigation and adaptation. Scientists can use the collected data to create protection, restoration, and enhancement programs.
It is essential to mention that wetlands’ ability to absorb and sequester carbon varies and depends on several factors, including the wetland type, temperature, and water availability. Undisturbed or intact wetlands with dense vegetation, algal activity, and soils act as natural carbon sinks.

Carbon Sequestration in Wetlands

There are many different types of wetlands; ranging from mineral to organic soils and forested to non-forested systems. They are further differentiated by the type of biome in which they are found. All of which have one thing in common: all wetlands sequester carbon from the atmosphere and act as sediment traps for runoff. Vegetation clutches the carbon in organic litter, peats, organic soils, and sediments, which may be built up for thousands of years.

The U.S. Global Change Research Program estimates that freshwater wetlands store up to 13.5 billion metric tons of carbon. Non-tidal wetlands can hold nearly ten times more carbon than tidal wetlands due to the substantial acreage. Moreover, this study also discovered that peatlands in forested regions store the most carbon, accounting for approximately half of the wetland carbon in the U.S.

Protecting and Restoring Wetlands

With wetlands holding large amounts of carbon, the protection and restoration of wetlands is an opportunity to mitigate greenhouse gas emissions globally. Loss of an existing wetland is detrimental from two aspects: the loss of a carbon sink, and the carbon stored in that wetland, when lost, can be released into the atmosphere.

Scientists from all around the globe are working on this topic and are developing methodologies for restoring and managing wetlands. Some of the best practices to protect the carbon stores in wetlands include reduced wetland drainage and other land management practices. Natural re-vegetation is one of the options that will help wetlands restore their natural capability, along with restoration of diverse vegetation to prevent the proliferation of invasive species, which may destroy wetlands.

What Is EPA Doing to Protect Wetlands?

Marshes, swamps, bogs, and fens are the four general categories of wetlands found in the United States. Generally, swamps have mostly woody plants, while marshes are dominated by soft-stemmed vegetation. Freshwater wetlands formed in old glacial lakes are called bogs and are distinguished by porous peat deposits, evergreen trees and shrubs, and a floor covered by a dense carpet of sphagnum moss. Freshwater peat-forming wetlands, surrounded by grasses, sedges, reeds, and wildflowers, are called fens.

Wetlands are often called “nurseries of life” since they provide habitat for thousands of aquatic and terrestrial species. The wetland ecosystems are essential habitats for waterfowl, fish, and mammals. Namely, birds migrating across the continent use wetlands as nesting sites during the spring and fall. Along with providing habitat for various plants and animals, wetlands also offer myriad benefits to humans. Wetlands can control floods by absorbing slow floodwaters when rivers overflow. This ability is beneficial in alleviating property damage and can even save lives. Additionally, wetlands can absorb excess nutrients, sediment, and other pollutants before reaching water bodies, such as rivers, lakes, etc. Wetlands also provide numerous recreational activities, such as fishing, canoeing, hiking, or having a picnic with family and friends.

As announced at the Ramsar Convention, scientific estimates are that 64% of the world’s wetlands have disappeared since 1900. Annually, the United States loses about 60,000 acres of wetlands. The loss and degradation of wetland ecosystems has been the leading cause of extinction for many species and puts fragile ecosystems at risk.

EPA’s Role in Wetland Protection 

The United States Environmental Protection Agency (EPA) is an executive agency of the United States federal government tasked with environmental protection matters.

The EPA has a wide range of programs for conservation, restoration, and monitoring wetlands in the U.S. Together with the U.S. Army Corps of Engineers (Corps), EPA defines and organizes the environmental permit standards for any discharges that affect wetlands, such as residential development, roads, and levees. After considering public comments, under Section 404 of the Clean Water Act, the Corps issues permits in accordance with the EPA. With joint forces and close cooperation, EPA intends to improve, increase and restore the wetlands over the next decade.

EPA works closely with states, tribes, local governments, the private sector, and citizen organizations, including the U.S. Fish and Wildlife Service, the U.S. Department of Agriculture, and the National Marine Fisheries Service. EPA partners with many public organizations like the Association of State Wetland Managers, the National Association of Counties, local watershed associations, schools, and universities to advance conservation and restoration programs. Through partnerships, this organization carefully monitors, protects, and restores wetlands in the U.S.

Additionally, the EPA is developing national guidance on wetland restoration. The EPA’s Five-Star Restoration Program offers grants and exchanges valuable information through community-based education and restoration projects.           

Superfund Emergency Response Program 

The EPA’s Superfund Emergency Response Program provides quick response and services at sites where hazardous materials have been released, and pose an immediate threat to human health or the environment. The EPA’s On-Scene Coordinators (OSCs) are in charge of directing response actions by collaborating with local first responders and state agencies to combine resources in emergency and non-emergency situations. The EPA also organizes the removal of hazardous substances and ensures that the party responsible for release is held accountable.

The EPA responds to oil spills, chemical, biological, radiological releases, and large-scale national emergencies that threaten human health and the environment. Natural and man-made disasters, whether caused intentionally or unintentionally, can result in contamination that may escalate quickly, hence the need for emergency response. Additionally, EPA provides support and assistance when the state and local first responder capabilities have been exhausted.  

Emergency incidents include transportation accidents (e.g., automobiles, trucks, trains, boats, airplanes), chemical fires, and groundwater contamination in private and municipal wells. Once the local responders (e.g., fire and police personnel), Department of Natural Resources (DNR), and EPA receive a report for hazardous release, the staff responds within hours.  

Non-Emergency Situations and Time-Critical Removals 

Non-emergency situations and time-critical removals include closed or abandoned facilities with drums or vats of chemicals; or areas that contain drums, lagoons, pits, contaminated soils, asbestos, or lead paint. Once local, state, and federal personnel receive notice of hazardous release, the staff responds within six months, depending on the severity of the situation.

DNR’s Federal Removals Coordinator (FRC) receives non-emergency situations and time-critical removals requests. After screening for minimum removal requirements, DNR refers the requests to EPA for assistance. Additionally, FRC is responsible for addressing state concerns and identifying remaining issues to solve. 

Furthermore, the EPA staff evaluates the site and determines the responsible party (eg. current property owner, former property owner, or the operator of previous business). The purpose is to discover the individual or group of people responsible in the abandonment or disposal of hazardous materials. However, in some cases and depending on the situation, after the removal action is completed, an additional investigation or clean-up may be required.  

NWPR Update: EPA Proposes New-Old Wetland Rule; The Clock is Now Ticking for Florida’s Developers

In June 2021, the EPA announced that once the Trump-era Navigable Waters Protection Rule (NWPR) was vacated, the lengthy process of undoing the NWPR is soon to follow. The EPA stated that they intend to restore the pre-2015 regulatory scheme and formulate a new waters of the U.S. (WOTUS) rule shortly thereafter. Undoubtedly, this means that EPA considers that both Trump-era and Obama-era WOTUS rules are histories and has clear intention to impose CWA to use the 2008 “Rapanos Guidance”. The Rapanos Guidance was issued by the Bush Administration following the Supreme Court’s decision in Rapanos v. the United States, 547 U.S. 715; 126 S.Ct. 2208; 165 L.Ed.2d 159 (2006). On November 18, 2021, the U.S. Environmental Protection Agency and the Department of the Army signed the proposed rule to revise the definition of “waters of the United States.” (1)

For many, this action seems premature. The nation found itself in a similar situation a few years ago, due to split decisions from federal judges over the Obama-era WOTUS rule. The impractical effect was more than obvious: 22 states were using the 2015 Obama rule, and 28 states were using the Rapanos Guidance. Regardless of whether the Arizona District Court ruling is overturned–or appealed, the practical application of the CWA will be confusing.

Intriguingly, the EPA issued a statement several days after the ruling, which is more debatable during a holiday weekend. Namely, Judge Marquez took the first arduous step by taking formal action to repeal the NWPR. In light of the Court’s opinion, “the agencies have halted implementation of the Navigable Waters Protection Rule and are interpreting ‘waters of the United States’ consistent with the pre-2015 regulatory regime until further notice.” (1). Another debatable topic is whether Arizona District Court has the authority to issue a nationwide repeal of the 2020 NWPR. This in particular needs to be considered since at least two other district courts have remanded the 2020 NWPR back to the EPA without vacating it. 

While additional documents and funds will be required to obtain development permits and meet important scheduling milestones for developers, Florida entities will face a further dilemma. The procedure requires permitees to get a U.S. Army Corps 404 wetlands permit and pay for any required mitigation. This could lead to confusion during the identification process regarding which regulatory definition of WOTUS the EPA or the Corps should use. Thus prolonging the permitting process.       

Once the proposed rule is signed, a formal rule adoption process follows. This process includes publication of the proposed rule in the Federal Register, solicitation of public comments which ended February 7, 2022, revisions (if there are significant comments received by stakeholders), and ultimately the final rule will be published in the Federal Register.

Once finalized by the federal agencies, this rule change has additional importance for Florida. The recently approved 404 Wetlands Program for the state of Florida allows up to twelve months to adopt changes in federal regulations. The specific case of NWPR in Florida may start as soon as the Spring of 2022. Such delegated federal programs entail further delays, and the inevitable litigation that most likely will follow may detain the effectiveness of the Rapanos Rule.   

Clients in Florida, who already have a Florida 404 permit or plan to obtain one, are highly advised to start with the process of authorizing activities. 

(1) https://www.epa.gov/wotus/current-implementation-waters-united-states

Army Corps of Engineers announces new and revised nationwide permits

On December 27, 2021, the U.S. Army Corps of Engineers (USACE) announced the publication in the Federal Register of a set of 41 Nationwide Permits (NWPs) which will expire on March 14, 2026. The 41 NWPs will consist of 40 reissued NWPs and one new NWP, which authorize work in streams, wetlands, and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.

The 40 NWPs effectively replace the 2017 versions of these NWPs, which are now set to expire February 24, 2022. The 2021 December final rule will go into effect February 25, 2022. If permittees have commenced construction or executed a contract for the NWP activity before February 24, 2022, all of the activities authorized by the 40 NWPs from 2017 remain authorized until March 18, 2023.

Nationwide Permits (NWPs) are a form of a general permit under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, which authorize a category of activities with minimal adverse environmental effects on an individual and cumulative basis and are valid only if the conditions applicable to the permit are met. The NWPs provide project proponents, who meet the requirements of the nationwide permits, the opportunity to receive permit decisions with a minimal delay and paperwork for infrastructure-related activities, thus supporting the implementation of the Infrastructure Investment and Jobs Act. 

In September 2020, the rulemaking process to reissue the 2017 NWPs had begun. The updated permits are being finalized after a vigorous rulemaking process and were created due to detailed consideration of the public feedback and other key stakeholders. The set of 41 NWPs authorizes regulated activities in jurisdictional waters such as surveys, maintenance, aids to navigation, bank stabilization, linear conveyance projects, aquatic habitat restoration, transient construction, cleanup of dangerous and toxic waste, maintenance of flood control facilities, elimination of low-head dams, living shorelines, and the newly issued permit for water reuse facilities.

USACE is committed to evaluating minor activities effectively while ensuring suitable environmental protection for our nation’s aquatic resources. All of the improvements, additions ad revisions to the NWPs are consistent with the efforts of this engineer formation. USACE committed to including states and authorized tribes under Section 401 of the Clean Water Act.

 USACE deputy commanding general for Civil and Emergency Operations, Maj. Gen. William “Butch” Graham, said: “Our goals in updating, developing and authorizing these 41 nationwide permits are to enhance regulatory efficiency and provide clarity for the regulated public while protecting the aquatic environment. Our nationwide permits are an important tool in encouraging project proponents to avoid and minimize impacts to wetlands, streams, and other aquatic resources.”

“These nationwide permits will continue to be environmentally protective of the nation’s aquatic resources while supporting actions to bolster economic activity and resilient infrastructure investments,” said Assistant Secretary of the Army for Civil Works Michael L. Connor. “The Army will also be reviewing the overall NWP program to ensure consistency with the administration’s policies, including the need to engage affected communities.”

Supreme Court tees up wetlands fight that could cuff EPA

On January 24, 2022, the Supreme Court of the United States announced that it would hear and grant review for a case of an Idaho couple in a legal battle with the federal government over plans to build a home in their residential neighborhood Priest Lake, Idaho. The sole purpose of this review is to decide once and for all “the proper test for determining whether wetlands are ‘waters of the United States’ under the Clean Water Act.”

Interestingly, considering the current composition of the Supreme Court Justices and the fact that Sackett originates from the Ninth Circuit, an appellate court with a long history of SCOTUS reversals in environmental law cases, there are high chances that the Court would constrain assertions of federal jurisdiction over remote and isolated wetlands. 

Nearly 15 years ago, Chantell and Mike Sackett were put on indefinite hold to realize their dream to build a family home. The reason for that is the demand from Environmental Protection Agency (EPA), on pain of immense monetary penalties, that the Sacketts must first obtain a tedious and expensive Clean Water Act permit from the Army Corps of Engineers and then start building their home. This arduous course of action was required because of EPA’s regulations. Namely, the Sacketts’ lot contained wetlands that qualify as “navigable waters” subject to Clean Water Act regulation.

In 2004, the Sacketts bought a vacant lot near Priest Lake, Idaho, and obtained local permits to build a home. As Chantell and Mike Sackett began constructing their home, they received an order to stop all work by the Environmental Protection Agency and Army Corps of Engineers. It was stated that Sackett needed a federal permit to proceed and threatened with fines of up to $75,000 per day if they did not obey one. Months later, the EPA sent the Sacketts a compliance order claiming that the property contained a wetland that could not be filled without a federal permit. EPA not only prohibited the Sacketts from the construction of their home but also demanded costly restoration work. In addition to that, EPA required a three-year monitoring program, during which the property was to be left untouched.

Since 2007, the Sacketts have been in court fighting for the right to use their property. In 2012, the Supreme Court heard the Sacketts’ case, and contrary to EPA’s view, the Sacketts had the right to immediately challenge the agency’s assertion of authority over their homebuilding project. The next step is for the Court to consider whether their lot contains “navigable waters” subject to federal control.

The Sackett case ordeal can be described as symbolic and arises from a long-running dispute over whether the federal Clean Water Act (CWA) jurisdiction extends to wetlands occurring on the Sackett family’s rural Idaho homesite. Damien Schiff, a senior attorney at Pacific Legal Foundation, which represents the Sacketts, says: “The Sacketts’ ordeal is emblematic of all that has gone wrong with the implementation of the Clean Water Act. The Sacketts are delighted that the Court has agreed to take their case a second time, and hope the Court rules to bring fairness, consistency, and a respect for private property rights to the Clean Water Act’s administration.”

In a 2006 PLF case, Rapanos v. the United States, the Supreme Court ruled to limit EPA’s regulatory power. However, the agency issued guidance documents and created new rules, like the 2015 Waters of the United States rule and the 2020 Navigable Waters Protection Rule, thus attempting to sidestep the ruling. Each of the listed changes has been met with lawsuits, and courts have applied the 2006 case unevenly. This resulted in a confusing patchwork of regulations and inconsistency across the country. Now the Sacketts have opened the question to Supreme Court to clarify what EPA can and cannot control under the clean water act.  

The Supreme Court reversed the Ninth Circuit and unanimously took the Sackett family side by supporting the fact that the Sackett family had the right to challenge a compliance order from the EPA and direct them to restore wetlands they had filled the property when they started building their home.

The Sacketts winning the battle actually challenged the basis for the EPA’s compliance order, arguing that wetlands were not subject to federal jurisdiction under the CWA. Namely, the Sacketts family declared that it is utterly improper that EPA and the Army Corps asserted jurisdiction over their wetlands by using Justice Kennedy’s “significant nexus” test from Rapanos v. the United States. Instead, agencies should have relied on Justice Scalia’s narrower jurisdictional test from Rapanos, according to which wetlands must have a “continuous surface connection” to a “relatively permanent” “water of the United States” for CWA jurisdiction to apply. Once again, Ninth Circuit took the Sacketts side, and Supreme Court agreed to hear the case. 

The Supreme Court’s second grant of certiorari to the Sacketts advocates the possibility the Justices to be poised to make a definitive ruling on which jurisdictional test should be used for the evaluation process of whether wetlands are considered “waters of the U.S.” After the splintered 4-1-4 Rapanos decision issued in 2006 by the Court, the scope of the CWA’s jurisdiction over wetlands and other waterbodies has been the main subject of repeated rulemakings and litigation. All of the rulemakings were against the backdrop of Rapanos’ two competing tests. The unenviable situation and the uncertainty of CWA implementation in the wake of Rapanos can be ended if at least five Justices in the new Sackett case can agree on the appropriate jurisdictional test to apply. 

The outcome of the latest Sackett case is almost inevitable. It undoubtedly will have an impact on the new “durable” regulatory definition of “waters of the United States” that EPA and the Corps are currently developing. Moreover, the Supreme Court’s decision could open to debate the rulemaking process since only Congress could change the law by amending the CWA. This fix has evaded Congress for decades, and considering the present political situation; it is even more unlikely to happen.     

The Sackett case is a perfect and unique opportunity for the project proponents to highlight the confusion and regulatory inconsistency which resulted from the agencies’ reliance on the “significant nexus” test and the corresponding benefits of a more straightforward test.

The briefing for this case will likely take place in early 2022, and the amicus briefs will be due seven days after the supported party files the brief. Oral argument will probably be held in fall 2022, and the decision is expected to be made at the end of this year or early 2023. 

World Wetlands Day

World Wetlands Day is celebrated each year internationally on 2 February. This environmentally-related celebration dates back to 1971 when on 2 February, the Convention on Wetlands of International Importance, also known as the Ramsar Convention, was signed in a small Iranian town of Ramsar. Since 1997, World Wetlands Day is the anniversary of signing a unique distinction, the first modern treaty between nations. The aim of celebrating Wetlands day is to promote the conservation of natural resources and wise use of wetlands and raise public awareness of the values and benefits that wetlands provide to humanity.  

Over time, human activities, and overpopulation and construction, in particular, have led to various changes in the natural environment and ecological problems that ultimately impact wetlands. In the period of 55 years, or more precisely from 1970 to 2015, 35 % of global wetlands were lost, and 85 % of animals were lost since the 1700s. Compared to forests, wetlands are disappearing three times faster. These data are shocking and devastating to humanity. 

What Loss of Wetlands Means?

For people, the loss of wetlands means water scarcity (water crisis). The lack of freshwater resources to meet the standard water demand for the human population may occur even faster than everyone expects. Furthermore, this is linked to food insecurity, leading to a lack of reliable access to a sufficient quantity of affordable, nutritious food. Loss of wetland areas substantially increases land exposure to flooding and extreme weather events. Since wetlands have a positive impact on health and overall wellbeing, the wetlands’ loss might lead to loss of livelihoods and wellbeing. 

Take Actions; Importance of Wetlands 

Wetlands are found in all countries across climatic zones. They are scattered from polar regions to tropical belts, from high altitudes to coastal areas and the arid deserts. Wetlands biodiversity hotspots include rivers, lakes, marshes, swamps, and other ‘wet lands’; in its definition, the Ramsar Convention also includes coastal wetlands such as saltwater marshes and estuaries, mangroves, lagoons, and coral reefs. Ecologists warn that wetlands are one of the most threatened ecosystems in many regions worldwide. 

Wetlands are freshwater stores, areas where the standing water covers the soil. Freshwater wetlands can be found along the boundaries of streams, lakes, ponds, or even in large shallow holes that fill up with rainwater. Unlike the estuaries, freshwater wetlands are not connected to the ocean; therefore, wetlands provide freshwater and ensure food supply, sustain biodiversity, protect against flooding, and store carbon dioxide. Wetlands are paramount carbon sinks due to their ability to absorb more carbon from the atmosphere than they release.

There are many issues regarding the loss of wetlands, including loss of vegetation, water pollution, invasive species, excessive development, road building, salinization, and excessive inundation.   

Why World Wetlands Day? 

Wetlands are vital to humans but also are essential for the planet Earth. As the wetland areas disappear, the biodiversity declines. Biodiversity loss means the loss of the various species that inhabit the Earth. Wetlands loss might irretrievably lose the different levels of biological organization and the natural patterns present in the ecosystems. Along with the loss of animals, plants, and even entire ecosystems, the loss of wetlands leads to increased carbon levels in the atmosphere and high emissions of methane. It is also important to mention that wetlands are water purifiers, so the loss of wetlands means loss of natural freshwater filtration stations.  

A United Nations International Day

2 February 2022 is especially significant; this would be the first year that World Wetlands Day is observed as a United Nations international day. On 30 August 2021, the UN General Assembly adopted Resolution 75/317 that established 2 February as World Wetlands Day. The World Wetlands Day awareness campaign is organized by the Secretariat of the Convention on Wetlands. This celebration is open to everyone interested in the preservation of wetlands, the environment, and nature: international organizations, governments, wetland practitioners, children, youth, media, community groups, decision-makers, to all individuals. 

The theme for the 2022 edition is Wetlands Action for People and Nature with the hashtag #ActForWetlands. This year’s theme highlights the importance of taking action to wetland conservation and sustainable use. The motto of World Wetlands Day 2022 is “Stop draining the life from wetlands – use wisely.” By investing financial, human, and political capital, humanity can save wetlands from disappearing and restore the damage caused. 

It is urgent to raise the national and global awareness of wetlands to rewet, reforest, and restore the wetlands and reverse the rapid loss of wetland areas.  

What Is NFT and Why There Is a Carbon Concern Part 2

The non-fungible tokens or NFTs are tokens that ring a bell as something linked to cryptocurrencies, blockchain, or at least something sold and bought on the internet. The NFTs are acknowledged as the new frontier of digital technology, but organizations brought into question the impact that mining of those tokens has on the environment. 

Non-specialists in this area would never suppose NFTs can be described as earth-killing polluters. Still, that is why the community is divided into two groups: supportive individuals who tend to reap financial gains and opponents who condemn the NFTs for accelerating climate change.

What is Mining?

Most people think that crypto mining is a simple process that creates new coins and enters them into circulation. Although it is partially true, since crypto mining is a process that creates new digital currency units, it also involves validating cryptocurrency transactions on a blockchain network and adding them to a distributed ledger.

New crypto coins are created by solving an extremely complex mathematical equation with sophisticated hardware. When an individual invests funds in cryptocurrency, the investment details are recorded on a blockchain-distributed ledger. This, however, doesn’t mean that the process is finished. Namely, the process is complete when a “miner” verifies the transaction as legitimate. This is the last step in locking the transaction into the blockchain and making it available and visible to everyone. After that, the process begins again.

The verification process requires miners that will solve complex equations. The problem-solving process is an actual race against each other, and the fastest is the winner. The first who solve the equations are paid a fraction of the transaction fee for the effort. Only successful transactions result in new coins that enter into circulation. This process requires high-functioning computers that consume a lot of time and electric energy, making the mining process very costly and harmful to the environment.

How does mining work?

Buying and selling coins on the marketplace is a simple process that requires enormous funds. On the other hand, the creation process of coins is meticulous, expensive, and only sporadically rewarding. As previously mentioned, mining is a process by which new currency units are created or “minted” and introduced into the market.

Banks around the world are centralized and have physical locations. Cryptocurrencies are specific decentralized banking ledgers, and all transactions are simultaneously recorded in multiple locations and are updated by contributors to the network, a process known as the blockchain. Each insertion of new blocks adds data to that chain and contains information regarding the transactions. Confirmation of the new transactions resulting from the mining is a critical component of maintaining and developing the blockchain ledger.

The extensively questioned subject is how energy use translates to carbon emissions? How exactly does the process of mining leave a carbon footprint on Earth?

Miners use advanced and expensive mining rigs to make the necessary calculations, and more power means faster and easier mining. Mining rigs are PCs with intricate setups and specialized equipment to maximize the capability, which requires more electric energy. Over the years, the need to process more equations simultaneously rises, which requires additional investments. As the need for an upgrade requires additional equipment, the price of mining increases. This, in turn, means more power, better cooling, and ventilation for the heat produced.  

Fast processing implies more guesses of the correct solution and a higher chance of finding the correct answer faster than others. Regardless of whether the miners first arrive at the correct answer, they use the same power.     

Why Does Mining Use So Much Electricity?

In the early days of mining coins, anybody could use their PC or laptop and run a mining program. However, as the network expanded and more and more people became interested in mining new coins, the need for a more powerful unit to support the mining algorithm became higher. The more miners are included in the process; the lower are chances that somebody will solve the equation quicker. The average time needed for solving the equation increased. This ultimately requires more robust machines that consume more energy.  

What Is the Environmental Cost of Crypto Mining?

The purpose of crypto mining is the creation of new units of currency and maintaining the integrity of the blockchain ledger, which prevents illegal transactions. But, does this purpose justify the environmental cost?

According to an article published on the Digiconomist web page, a single Bitcoin transaction takes 1,544 kWh. As for comparison, this power equals 53 days of power for an average US household. In addition to that, more energy power is needed for all of the transactions happening across the world. It is believed that the summarized energy cost of crypto mining is higher than in some countries.  

The NFTs’ impact on pollution is a hotly-contested topic locally and globally. The mining operations have significant environmental impacts since the energy used for the mining activities leaves greenhouse gas emissions. Furthermore, the massive impact mining has on the environment awakened the consciousness of many and emphasized the responsibility that humans have over nature. As a result, Tesla halted accepting Bitcoin as a payment, the Malaysian authorities publicly destroyed the mining rigs, and China banned mining and trading entirely.

While many companies and organizations are putting significant effort into making the mining process more environmentally friendly, other digital currencies plan to discontinue the mining process altogether.

What is the Carbon Footprint of NFTs?

Carbon footprint is an estimate of all the carbon emissions released in creating and consuming a product. All operations included in the process add value. When it comes to minting an NFT, it is difficult to estimate the exact impact since many steps of the process does not have a known carbon footprint, but also because there are just a few scientific peer-reviewed studies on this topic.   

According to the estimation by the platform Digiconomist, a single Ethereum transaction’s carbon footprint is 33.4kg CO2. At the same time, artist and programmer Memo Akten estimates that an NFTs transaction has a carbon footprint of about 48kg CO2 on average. Additionally, when NFT is minted or sold, another transaction is realized. On the other hand, mailing an art print, according to Quartz, has a carbon footprint of 2.3kg CO2, or in other words, the carbon footprint of NFTs transactions is 14 times higher than mailing.  

Lower-carbon NFTs?

Blockchains like Ethereum and Bitcoin operate using a system called Proof-of-Work (PoW). It is the primary reason for the massive energy intensity of 28 TWh annually for Ethereum and 72 TWh for Bitcoin. However, there are blockchain alternatives running with a different system, such as Proof-of-Stake (PoS), whose estimated annual energy consumption is 0.00006 TWh. The PoS blockchains do not rely on massive computing power and consequently use substantially less electricity. 

WAX – A clean & carbon neutral blockchain

One of the ecologically responsible companies is WAX – Worldwide Asset eXchange. This certified carbon neutral company works as a PoS system, a transaction validation design that thrives towards building a sustainable future. WAX has an environmental mindset and constantly is taking action to erase its carbon footprint. Moreover, it is energy-efficient and creates offset NFTs while partnering with Climate Care.

Why WAX?  

With WAX DPoS, transactions are approved by 21 energy-efficient guilds entrusted with that responsibility by WAX token holders. WAX token holders who stake their tokens are eligible to vote for their preferred guilds. Staking uses substantially fewer resources compared to mining, without the need for additional machines.

Many NFTs are minted and traded on Ethereum, and as previously mentioned, this blockchain mining or PoW requires a tremendous amount of energy to process transactions. Namely, the 75.8 kilowatt-hours of energy that Ethereum transaction consumes are 125,000 times more energy than WAX needs. Moreover, Ethereum and Bitcoin PoW chains are constantly battling for computing power dominance, which is not the case with WAX DPoS. In other words, Ethereum and Bitcoin grow in terawatts of energy each month, and on the other side, WAX blockchain energy consumption is relatively stable. If we assume that all the NFTs minted and traded to date on WAX had been created on Ethereum instead, whooping 4 million tons of carbon dioxide would have been released into Earth’s atmosphere. That enormous amount of CO2 emissions can be possibly be sequestered with growing 88.9 million tree seedlings for 10 years.