Nationwide 12 Wetlands Permit Update

Wetland Wednesday

May 13, 2020

On April 15, 2020, Chief U.S. District Judge Brian Morris in Montana had canceled the Nationwide 12 permit that was associated with the TC Energy’s Keystone XL pipeline project.  He had cited concerns related to the USACOE’s lack of coordination with the Endangered Species Act when it had issued the latest round of Nationwide permits.  These permits are meant to reduce the regulatory burden on applicants by allowing minor wetland fills that have minimal environmental impact.

However, on May  11, 2020 the same federal judge revised his ruling to allow some non-pipeline projects to proceed.

“The need to protect endangered species and critical habitat from harm until the Corps completes programmatic consultation outweighs any disruption or permitting delays that would result from this partial vacatur,” Morris wrote according to Bloomberg Law.

TC Energy provided a statement to The Hill.

“Yesterday’s ruling continues to delay the construction of new oil and gas pipeline projects across the U.S., including Keystone XL. As a result, the ruling hampers putting thousands of Americans back to work when the nation faces unemployment rates in excess of 20 percent.”

The ruling on May 11, 2020 does not prevent the construction of pipelines.  Nevertheless, the additional environmental reviews that would be required without a Nationwide permit will cause significant delays in the permitting process.  These delays can extend for years as there is no set review time for an Individual permit.   A great example of this in the I-540 project tin North Carolina.  Environmental permit reviews had delayed the construction of this highway project for over 20 years.

Getting Hired in Wetlands

Wetland Wednesday

May 6, 2020

With virtual graduation right around the corner I thought it might be helpful to offer some advice on entering the wetland career job market.  Please feel free to forward this post to anyone you think might need help finding a job.  I know many of our subscribers either work in a related wetland science field or have a general interest in wetland studies.  So, if you think you might be able to help a recent graduate please pass this on.

First, I want to congratulate you on your hard work.  It is extremely disappointing to put in four or more years of toil and strain only to receive a diploma in the mail and perhaps a Zoom graduation ceremony.  Currently, I am hosting two senior college refugees at our home.  My daughter, who is a junior has a friend who had an obligation at NC State and could not initially go home.  My niece is also staying with us and now they are trapped till the end of the semester.  Both are seniors and both are extremely frustrated with looking for a job, graduation, etc.  So, you have my sympathies.

However, we must look forward to a post Corona world.  What can you do now to help get a job?

The answer is simple.  You need to get some “real world” training.  No matter your field you need to look at what skill sets are needed at a prospective job and get them now.  This not only applies to wetland science, but across all industries.

Now, I know the last thing you want to hear is that you need more schooling.  Four years of college should seem enough to get started.  However, no matter what job you are looking at your employer is going to require that you either get on the job training or attend a training workshop.  To be quite frank, a college degree opens the door to a job, but it does not give you all the skills you need to do the job.  That is what training is for.

A very simple example is found at your local supermarket.  Most supermarkets have at least one week of employee training before they face the public.  Now you could have an MBA, but not know how to run the register or know which aisle you can find peanut butter.  You think it would be by the bread, but it is actually by the canned goods.  Many supermarkets have a treasure hunt for groceries as part of their training.  Then add in the reporting, human resource compliance, how to deal with U-scan, etc. and it can be quite a lot.  None of which you are going to learn in college.

Supermarkets cannot hire fast enough to keep up with today’s curbside delivery demand.  However, each new employee needs to undergo the training process, and this takes time.  Now imagine a job seeker from another store of the same supermarket chain is looking to go back to work.  They have the training and can start filling curbside carts right away.  Of course, this store does keep the peanut butter by the bread but they will get there.  How much thought do you think the store manager will have to put in before they offer the prospect a job?  I would argue just about none and I would see if they could start today.

So how does this translate to wetland science?

The issue today is that many of the large and small firms have had to institute some layoffs.  In addition, they have not been able to do personal job interviews.  Right now, we are at the beginning of wetland delineation season.  The problem facing employers is that they need to get their work crews back and also hire new recruits for work that has already started.  There is no guarantee that the furloughed workers will return, and the new recruits need training.

So, what can you do?

Get trained now!  Take a basic wetland delineation class today.  When you send in your job application having completed basic training you are head and shoulders above other job seekers.  You move to the front of the line.

Why?

You can start working on billable work almost immediately.  Plus, you have saved the company the tuition, any class related travel expenses, and the most expensive aspect of training, non-billable hours.  This can represent thousands of dollars that the company does not have to spend.  Going into the job interview you are the most cost-effective hire they will have to consider, and you can start making them money right away.

Obviously, we have a stake in this, but we really want to help you get a job.   As part of our training program we provide you with many job resources and are happy to discuss any job seeking advice we can offer.  Give us a call or start a chat if you need any help.

All the best,  Marc

County of Maui, Hawaii v. Hawaii Wildlife Fund et al.

Wetland Wednesday

April 29, 2020

April has been a pretty eventful wetland regulation month despite the COVID-19 closures.  We had the Army Corps of Engineers effectively rescind the Nationwide Permit Number 12 for utility line crossings.  This also brings into question the validity of the remaining Nationwide Permits.  We also had the new Final Navigable Waters Protection Rule published in the Federal Register.  The effective date of this Final Rule in June 22, 2020.  This is the long awaited and highly controversial change to what is considered a Water of the US.  Then just this past week the Supreme Court ruled on the jurisdictional nexus of groundwater with regards to Clean Water Act authority.  This is a potential game changer for the new Navigable Waters Protection Rule.

On April 23, 2020 the US Supreme Court in a 6-3 ruling on the Maui/Clean Water Act Case, held that discharges to “waters of the United States” (WOTUS) via groundwater are covered under the Clean Water Act, “when there is a functional equivalent of a direct discharge.”  In short, the federal government regulates groundwater pollutants that discharge into navigable waters including the territorial seas.

This case was about a sewage treatment plant in Maui, Hawaii.  This wastewater reclamation facility collects sewage from the surrounding area, partially treats it, and each day pumps around 4 million gallons of treated water into the ground through four wells. This effluent then travels about a half mile, through groundwater, to the Pacific Ocean. Several environmental groups brought a citizens’ Clean Water Act suit, alleging that Maui was “discharging” a “pollutant” to “navigable waters” without the required permit.

The District Court found that the discharge from Maui’s wells into the nearby groundwater was “functionally one into navigable water,” and granted summary judgment to the environmental groups. The Ninth Circuit affirmed, stating that a permit is required when “pollutants are fairly traceable from the point source to a navigable water.”

Based upon the evidence in the case the Supreme Court ruled, “a permit is required when there is a discharge from a point source directly into navigable waters or when there is the functional equivalent of a direct discharge.”

In addition, the Supreme Court went on to clarify, “Although this interpretation does not present as clear a line as the other interpretations proffered, the EPA has applied the permitting provision to some discharges through groundwater for over 30 years, with no evidence of inadministrability or an unmanageable expansion in the statute’s scope.”

Consequently, the case was remanded to the lower court’s decisions and vacated.  Maui needs to get a permit in order to discharge sewage into the ground that ends up in the Pacific Ocean.

The 2020 Navigable Waters Protection Rule elimination of a groundwater nexus is somewhat upended by this case.  The new rule goes out of its way to make it very clear that it is not intended to regulate groundwater.  This Supreme Court decision seems to contradict the EPA and Army Corps position on this matter.  The case does discuss that the state has a regulatory role in this type of discharge.  However, it also underscores that the federal government has one too despite the new rule.

This case does reflect much of what Justice Keeney had suggested in his lone 2006 Rapanos opinion.  The significant nexus concept seems to be tied to the “functional equivalent of a direct discharge” argument brought up by the environmental groups.  I am sure that this will serve a precedent for future cases brought against the new Navigable Waters Protection Rule.  However, come June 22, 2020 the new rule becomes the law of the land.

NWP 12 is Vacated

Wetland Wednesday

April 22, 2020

How is that for a headline!

Last week on April 15, 2020 a Montana federal district court issued a decision that vacates the US Army Corps of Engineers Nationwide (NW) 12 permit nationally.  This permit is used for utility line crossings of wetlands and waterways throughout the United States.  This includes oil and gas pipelines, electrical rights-of-way, sewer lines, water lines, telecon, and any other utility type crossing.  I do not think I can overstate how big a deal this is.

The case is associated with the rather infamous Keystone XL pipeline project.  The specific reason for the case is that the Corps failed to comply with the Endangered Species Act (ESA) because it did not consult with the U.S. Fish and Wildlife Service (FWS) prior to re-issuing the NWP 12 in 2017.  Furthermore, there is also an issue related to the Nationwide requirement that an authorized activity, “will result in no more than minimal individual and cumulative adverse effects on the aquatic environment.”  The practice of breaking up a project so that segments of it will fit under a Nationwide permit threshold was challenged.  This has become common practice for all of the Nationwides and the State Programmatic permits.  This could change the applicability of when a Nationwide can be used.

It is expected that the Corps will appeal this decision or a least limit the extent of the decision to Montana.  However, the Court did vacate NWP 12 and enjoined the Corps from authorizing any dredge or fill activities under the current NWP 12.  They will need to complete the ESA consultation process and be in compliance with other environmental statutes and regulations for the NW12 to be reinstated.  But for now, there is no longer a national NW12.

Initial questions as to whether the court’s order applied nationwide or just within the District of Montana were at least temporarily rendered moot.  On April 17, 2020 the Corps issued an email  directive to all of its chiefs of all Regulatory Districts not to process any more NWP 12 verifications until further notice. However, the email was silent on self certifications.  One interpretation is that there was no point in highlighting the permit suspension on cases that where the Corps was not going to assert jurisdiction.  In essence no Prior Construction Notification (PCN) is needed.  However, their silence on self certifications does not really mean anything.  A lot of small pipeline projects operate under the self certification program.   I’d ask a lawyer about that one before you assume you have a NW12.  (Source: jdsupra.com)

There is a risk in the Corps taking this to court.  The basic premise of the case is the lack of coordination with the ESA and the USFWS.  I do not think you can limit this lack of coordination to just the NW12.  It would seem to be across all of the Nationwides.  I am sure that this fact was not missed by the plaintiffs and may be the cause for future litigation.

In addition, the practice of segmenting a linear project to stay under the Nationwide impact thresholds has always been controversial.  The project impacts are not aggregated thereby avoiding or reducing mitigation and/or Individual permits.  From a bookkeeping point of view this seems to help, but from an environmental impact point of view it would seem to short cut the mitigation.  The same holds true for Programmatic Permits that are usually used for State funded projects (like DOT).  The entire process is centered around streamlining the permit process.  By its very definition it eliminates a lot of inter-agency consultation.  This is what the Corps got sued for and lost.

A copy of the decision can be downloaded here.

There is some push back from industry on this decision.  On April 20, 2020 North America’s Building Trades Unions (NABTU), the American Petroleum Institute (API) and the Interstate Natural Gas Association of America (INGAA) issued the following statement:

“The US Army Corps of Engineers’ Nationwide Permit 12 is critical to the responsible and efficient development and maintenance of energy and other vital infrastructure projects across America, as well as the millions of good-paying union jobs that they support. Whether it’s a utility line, broadband cable, or a water main, this general nationwide permit allows construction and maintenance activities that will have minimal environmental impacts.

“Based on our initial review, one thing is clear: the judge’s decision to vacate NWP12 went well beyond what the plaintiffs requested. The decision creates tremendous uncertainty in an already uncertain time, and could lead to lengthy delays.”

There is a murky but direct path the Corps may take.  The 2017 NWs were due to expire in 2022.  There was a movement late last year to expedite the energy related NWs of which NW12 is one.  The plan was to publish the new energy NWs in 2020.   The Corps may consider publishing all the 2022 NWs two years early rather than try to litigate the 2017 NWs.   I am sure they will consult with FWS this time were this to happen.  Problem solved. 😉

In other news . . . .

Yesterday, April 21, 2020 the US ACOE and the US EPA published in the Federal Register the FINAL Navigable Waters Protection Rule.  This will replace the current 2019 Waters of the US definition and finalize the repeal of the 2015 Clean Water Rule.

There have been some hints at a few court cases poised to strike as soon as this new rule was published.  Most of them are a bit weak so time will tell if they will derail the process.  In any event the new rule becomes the law of the land on June 22, 2020.

The effect of the new rule is to limit what is considered a federally jurisdictional aquatic resource.  The basic test to make a waterbody jurisdictional is to determine its physical connection to a commence connected waterbody.  If an aquatic resource lacks this type of connection it is not federally jurisdictional.  However, this does not diminish any previously established State or local jurisdiction.  Although, there is an argument for some states like New Jersey that have assumed the federal role (CWA 404(g)) that they also lose jurisdiction.  If a waterbody (isolated) is no longer a federally regulated, then the states 404(g)assumption of the federal role over an isolated waterbody is no longer applicable.  The cure for this is for the state to pass a law (not a regulation) that would define waters of the state.

There are some new technical components that are part of the new Waters of the US definition.  The new wetland delineation process now requires the calculation of a typical rainfall year and the determination of perennial and intermittent stream flow.  These are two new skill sets that are required for every wetland project.

What week and I did’t even mention COVID once (oops).

So, stay safe and healthy and get ready for a very busy summer.

Happy Earth Day!

Marc

Trump Wetlands

Wetland Wednesday

April 15, 2020

I thought I would give you an update on the Navigable Waters Protection (NWP) Rule.  It remains unpublished in the Federal Register.  The COVID 19 pandemic has most certainly derailed the publication process.  However, other rules are getting published.  Perhaps it may never get published.  I sort of doubt it, but who knows.  If EPA wanted to slip this one in while nobody was looking now would be the time.   Perhaps this is in the spirit of the recent announcement that EPA would be scaling back enforcement of environmental regulations during the pandemic.

On the flip side there are also no active court cases against the new NWP rule.   You cannot object to a rule that is not published.  There are several pending cases just waiting for the day that it is published.  Specifically, a New York Federal judge had recently informed a group of landowners that they cannot show that they have been harmed by the new rule if it has not gone into effect yet.

I suspect that the new rule will be published shortly after things start to open again.  The administration had timed this to generate news well before the election.  Delays to the NWPR publication would only bring this to mind closer to election day.   It is not a very popular rule and suspect the Administration would want the controversy to blow over before election day.   However, it was a promise made to the farm community, so I do not see it going away entirely or at all.

In the meantime, we are still working under the current revised Waters of the US definition.  This temporary regulation went into effect in December 2019.  In essence it rolls back the Obama era Clean Water rule and replaces it with the pre-existing set of regulations.   Essentially, the old Kennedy test for significant nexus is needed to determine if a wetland is a waters of the US.

The biggest change to the regulations as a result of the new rule is the definition of adjacent wetlands.  The old rule required a significant nexus test if the wetland did not directly abut a navigable waterway or its tributaries.  The new NWP rule requires that all wetlands directly connect to a navigable water or its tributaries.  In essence, what we used to call abutting wetlands are now adjacent wetlands.    I really wish they used a different name.  The concept of adjacent wetlands has a long history in the courts and I only see this adding to the confusion.  Perhaps they should call them Trump wetlands?  He would probably like that.

Swamp School Big Day 2020

Wetland Wednesday

April 8, 2020

I know many of you are stuck at home looking for something to do. We have noticed an increase in bird activity due to the decrease in traffic and human activity. I can sit on my back porch and hear all the sounds of the forest without the din of traffic in the background. I think the birds have noticed this too and they are a lot more active.

We are sponsoring a Big Day Challenge for the next two weeks. The way this works is that you record all the birds that you see or hear over a 24-hour time period. This can be at home, in the field, at a park or wherever you are. It is just a matter of making a list. You can put as little or as much effort into it as you wish. It can also be done while you are working if you are fortunate enough to have field work.

What you need to do is pick a day between now and next Friday (April 17, 2020) to do your Big Day. Then write down the common names of all the birds you see or hear. It is on the honor system, but you do need to be sure. We don’t need any photographs, just your word is good enough. We are not collecting numbers of individual species, just the bird species itself. So, if you see a cardinal in your back yard 5 times, it will only count once.

We ask that you gather your data in an excel compatible spreadsheet to include the following headers:

  • Date of Your Big Day
  • Common Name of Bird
  • Location of sighting (just county and state)

Once you have finished your Big Day, email us your list to: BigDay@SwampSchool.org

Be sure to include your name and email with your spreadsheet.

We will compile all the data into one spreadsheet and make that available to all participants. You do not need to pre-register for this. Your data entry will serve as your registration. The winner of the Big Day will be announced, and an official Swamp School Big Day Award Certificate will be sent to the top three birders. We will also post this on our website for all to see!

If you have any questions, please reply to this post.

Happy birding, Marc

5 Tips to be a Successful Distance Learner

Wetland Wednesday

April 1, 2020

As we move into our new social distancing and virtual lifestyle, I thought it might be helpful to offer a few tips on what makes a successful ELearner.  We have been working in the online learning arena for over 15 years and have picked up a few things along the way.  No matter what class or program you take these tips should help you.

  1. Learn the technology before you have to use it.

Distance learning requires the use of some pretty sophisticated technology.  There is no such thing as just log in and learn.  Security settings on your computer may need to be changed to allow you access to the learning resource.  Be sure to try out the trial or demo version of any software or system login before you jump into the class or webinar.  Oftentimes, you may find you need IT help to bypass firewalls or other company security settings.  There is nothing worse for the student or the instructor to find out minutes before the class starts, that a student cannot access their class due to a corporate firewall that is blocking the student.

  1. Set a specific time to work on your class.

On-demand classes mean that you can work on a class any time you want.  That freedom may seem ideal; however, it comes at a price of self-discipline.  You must make your coursework a priority.  Set a specific time of day to start and stop your class work.  Try to keep to that schedule every day or week.  You don’t want to rush though the class, so be sure to give your self enough time to absorb the material and work on class assignments.  However, don’t over do it.  Be sure to take a break every now and again.

  1. Ask questions!

Your instructors love to hear from you.  It makes the class much more personal if you try to develop a dialog with your instructors.    There should be a way to contact your instructor directly either through a site messaging board like the one we use or email.  A good instructor will get back to you right away.  Ideally, the same day or no later than the next business day.  If you had not received a response don’t assume, they got your message.  Bug them.  It is their job to answer your questions so be respectful and ask again.  Please give them a day to respond.  They are not online all the time.  Although, it seems that way sometimes.

  1. There is no rush.

We want you to complete your coursework in a timely manner.  But at the same time, we want to make sure you are learning the material.  If a deadline is approaching and you cannot make it, contact your instructor and asks for an extension.  It is always better to ask first than for our instructors to have to track you down for missed work.  We know many of our students are working professionals with many job and life commitments.  Let your instructor know what you are facing, and you will be able to work out a plan to finish in a meaningful way without the rush.

  1. Keep track of your assignments and time using an alarm

Set up an alert or alarm if you have an assignment or need to take a test.  Put it in your online calendar to keep on track.  Most courses have internal alert features, but you need to be logged in to see the alert.  Using your Google, Outlook or similar calendar as an alert incorporates your daily schedule with your virtual class life.  However, be sure to put everything on one calendar.   It is almost impossible to keep up with 3 or 4 separate calendars at one time.  After all you can only be at one place at one time.

I hope these tips help and please let us know if you have any questions.  We love questions!

All the best, Marc

A brief history of the Waters of the United States

Wetland Wednesday

March 25, 2020

I have been asked many times over the past few weeks about when the final Navigable Waters Protection Rule (NWPR) will go into effect.  Prior to COVID-19 I had conversations with the US Army Corps (Corps) about this.  The general feeling at the Corps was that the final rule is due out any day.  Post COVID 19, who knows.  There is no one to ask.

The NWPR has largely been an EPA directed effort.  The Corps is a signatory on the rule, but they are following EPA’s lead.  A case in point is that there has been very little communicated to the Corps regional offices about how to implement the NWPR.  Most feel that they will deal with it when it comes.  To be fair they have not had much to do with the drafting of the rule and many Corps staff are looking at it just like you or I are.

Many of our students have asked about the rulemaking process and history   I thought it might be helpful to review how we got here and what the process is to move forward.  This is my short history of the NWPR and the Waters of the US definition.

The first law that regulated waterways in the United States is the Rivers and Harbors Act of 1899 (RHA).  It is still in force and includes the oldest body of regulations in US history.  Its main objective is to regulate discharges and fills into waters used for navigation.

In 1948 the Federal Water Pollution Control Act (FWPCA) was passed to expand the pollution discharge aspect of the RHA.  Many lawsuits were argued using the RHA authority that seems a bit unclear as how to handle pollutants.  The FWPC attempted to hand this off to the states by incentivizing them to pass pollution laws.  This was largely ineffective.

In 1972 the FWPCA was amended under what is now known as the Clean Water Act (CWA).  The objective of the Act was to improve and maintain the integrity of the nation’s waters.  There was no definition or distinction as to what waters were regulated.  It was presumed that all waters were regulated.

The early days of the CWA were focused on point discharges of pollution and was largely managed by the EPA.  In 1977 the National Discharge Elimination System (NPDES) rules were added to the CWA and the Corps’ role into wetlands was starting to take shape.  Wetlands and waterways were still undefined, but the Corps started developing some technical manuals to help clarify what was going to be regulated.

One of the items that came up in the 1977 CWA update was the need to define federally regulated waters.  Some waters would be regulated by the states, but others were Waters of the US (WOTUS).  It would take until 1986 for this definition to take written form and it is the one, we use today.

The 1986 definition has been challenged in federal court numerous times.  The most significant cases Supreme Court cases were the 2001 SWANCC case and the 2006 Rapanos case.  Both resulted in the Corps updated via guidance documents the WOTUS definition.

Many argued that it was inappropriate for the Corps to issue unilateral changes to the WOTUS definition through guidance.  Consequently, in 2015 the Obama administration finalized a new and very controversial WOTUS definition.  This was known as the Clean Water Rule (CWR).  This definition modified the role of the state and was challenged by many states such that only about half of the country was working under the new definition.

In 2019, the Trump administration rolled back the 2015 CWR by a recodification rule.  In short, we are now using the 1986 WOTUS definition with some modifications.  Ironically, some of the objectors to this rule were the same entity that pushed for the change. There is no pleasing some people.  Other objectors are concerned about an apparent rollback on water protections.

On January 23, 2020 the EPA and the Corps signed the NWPR.  It will become effective 60 days from the rule’s publication in the Federal Register.  It was to have happened by now, but I suspect it has also fallen victim to COVID 19.

I have one final thought on the WOTUS.  All the regulations and guidance on the definition of WOTUS have nothing to do with wetlands protection.  There is not one syllable in any of the documents that prevents the filling of a wetland.  All they do is provide a definition of what is regulated.  Just because it is regulated does not mean it is protected.  The fact of the matter is that a WOTUS definition is a pathway for permitting and filling a wetland.  Remember that the Corps’ job is to authorize discharge and filling activities.  You only get in trouble if you don’t tell the Corps that you want to fill a wetland.  They almost always give you a permit.  It may be expensive, but if you can meet their conditions, fill away.  If you want to protect a wetland, perhaps the Corps is not the ones we should be looking too.

Have a safe and healthy week!

Marc

Learning Management Part 2

Wetland Wednesday

March 18, 2020

On Monday we started our discussion of online education.  We covered distance learning and some tips and ticks to run a successful real-time workshop.  Today we are going to discuss the other two types of online programs, online learning and virtual workshops.

Online learning is a bit of a catch all, but within the digital learning community it has a specific meaning.    It is the original type of digital learning and is still used by many large companies to train employees in specific skill sets.  It generally does not involve a human instructor and may or may not be offered remotely.  A lot of Human Resource departments use this for employee orientation.

Online learning involves a static lesson with a quiz at the end to demonstrate mastery of the topic.  There may or may not be any video and oftentimes just involves reading text on a computer screen and answering questions to move on.  A lot of health and safety training is offered this way and give the employer a way to verify attendance and results.  However, this type of training pretty boring.

Most of the online learning packages are produced by a software product called Adobe Captivate.  The software produces a standalone lesson that can be run on a desktop or put online.  It gives the learning manager the ability to publish slides or videos in a very graphical interface that is easy to use.  There is even the ability to animate the slides to make the lesson a bit more engaging.

Generally, there is no instructor with online learning.  The learning manager will often hire a subject management expert (SME) to prepare a Power Point slide deck with notes.  Once they are done, the SME is only consulted for updates to the system and does not interact with the students.  The learning manager may or may not have any detailed knowledge of the topics being presented and may direct some student questions to the SME for a brief time after a new lesson is launched.  Once the lesson is been in use for a time, the SME is out of the picture.

Virtual learning is by far the most effective type of online instruction.  The idea is to simulate a classroom environment in an online setting.  This requires the most interaction with the instructor and students of the three types we have discussed.  It is also the most expensive to run but it has the greatest learner success of the three.  If run properly, student success can even exceed traditional classroom environments.  It is also the type we offer at The Swamp School.

A virtual environment has four components.  These are instructor presentations, class assignments, student discussions and questions, quizzes and tests.  These are usually grouped into weekly modules.  There is also a method to contact the instructor directly for questions and technical help.

A virtual workshop requires the use of a learning management system (LMS).  There are a number of good one and not so good ones in the marketplace.  The most popular with Universities are Moodle and Blackboard.  Many K-12 schools favor Schoology and Socrative.  At issue is the degree of complexity associated with the setup and ongoing management of the LMS.  Some are self-hosted like Moodle.  Moodle is PHP based and requires a server setup on something like Amazon AWS.  This is my other life.

The managed hosted LMS software like Blackboard and Schoology provide the setup and management for you.  These seem more expensive however self-hosting is not free and can be very expensive.  The advantage to the managed systems is that they are just a matter of creating a user account and you are up and running.  The downside is that you have less control over updates and are at the mercy of your provider for keeping the site up and running.  We outsource some of this work and have been pretty happy with the result.

The biggest advantage of virtual learning is the instructor.  The students need to know that they have a person available to them to help and guide them through their learning journey.  This is especially true for complicated topics like wetland design or delineation.

One major success or failure aspect of virtual learning is instructor response time.  Poor programs rely on email exchanges.  This can result in days or weeks between student question and instructor answer.  This is frustrating for the student and affords little opportunity for follow-up questions.

To solve this problem, better virtual learning environments include an in-class discussion board and an instructor messaging system.  Both can tie to email alerts, but they are within the LMS so nothing gets lost to spam filters.  Scheduled chat sessions can also be offered to simulate instructor office hours.

We have been teaching online for over 15 years and have learned many dos and don’ts along the way.  Our LMS is state of the art, robust, scalable and always being updated.  We invite you to contact us if you would like to take a virtual tour of our school.  Send us a chat message below to set up a time.

Please stay safe and healthy during this difficult time.  If we can be of any help to you or your fellow staff with your learning needs, please let us know.

 

All the best,  Marc

COVID and Working from Home

Muddy Monday

March 16, 2020

So, they have closed schools, churches, sporting events and any large-scale venues. Heck they even closed the Nike store. I guess March Madness has taken on a new meaning. Ironically, everyone seems concerned about the lack of productivity, but have you ever been able to get anything done while everyone else in the office is watching basketball. So, I suppose the timing of the virus is not so bad as we were not getting anything done anyway.

However, closing the schools and asking you to work from home has added a new twist to March Madness. Many of our students are very experienced with online learning having taken many of our classes remotely. However, running a webinar or online meeting is very different than participating in one. I thought it might be helpful to offer some tips and tricks we have learned over the past 15 years of running an online school.

There are several types of online programs and I have found it helpful to lump these into three groups. The groupings are based upon several factors including live meetings, presentations, discussions, communication, assignments, and collaborative working. From this we get our three groupings that are:

  • Distance Learning Workshops
  • Virtual Learning Workshops
  • Online Learning

Today we will talk about Distance Learning Workshops. These are meant to provide the same learning and collaborative interaction as an in-person class or meeting. These are generally offered at a specified time and date with real-time discussions with the instructor or team leader and the class. This requires live one-on-one interaction and is by far the most technologically challenging workshop that can be offered. An example of these are our monthly webinars.

The real-time discussion presents the most challenges. At issue is the device you may be using to call in. When a user calls in on a webinar service like Zoom or Go to Meeting there is often audio feedback from the microphone and speakers. This is especially true if the user is calling in using a laptop. The issue is very similar to when radio call in shows ask you to turn off your radio if you want to speak to the host. The microphone will pick up your voice and loop it back into the audio feed. The result is a mess and nobody can understand what anyone is saying. EPA just experienced this in their live webinar on the Navigable Waters Protection Rule a few weeks ago. It was pretty awful.

The solution is to separate the inbound voice to the outbound broadcast. This can easily be done by using a microphone headset. There are many USB types in the market and they all work pretty well. Even a $20 headset will sound OK for this type of use.

Alternatively, there are microphones that will only broadcast if you hold down the broadcast button. They are sort of like a CB radio microphone if anyone remembers what a CB radio is. When the button is released the microphone goes silent. You can still get a little feedback but it is greatly minimized.

Believe it or not a simple phone is also a great solution. Most webcast software products have a call in number. The speaker cannot hear the microphone so there is no feedback. Just call in with a user code and talk away.
The last option is chat. This is very effective when you have a large group like in our webinars. Real-time discussions can get pretty noisy especially if the kids are home. Chat offers the ability to have a discussion without distractions.
If you opt in for chat you will need to make sure you know the limitations of the chat platform you are using. Many only allow for a relatively small (like less than 10) number of simultaneous chats. Many of the webinar service plans require upgrades for larger groups.

There are also stand-alone chat platforms that can be added to a website fairly easily. These usually don’t require or at least give you the option not to have the users log in. This is great if you want to engage a client in a chat. These also charge by the user.

The last option for “sort of live” conversations is to use a discussion board for chat. The user would need to have an account and post to a discussion board. The conversation is asynchronous, but the time delay is mere seconds so it does feel live. A free version we have used is called Discourse. It is not bad, but it does require a login for all users but it is web-based so you do not need to host it. Many of the free ones require that you self host meaning you need to install the free software on a server.

We will jump into the other topics on Wednesday. If you would like to continue reading please subscribe to our newsletter. We publish every Wednesday.  Click here to subscribe.

So, if you are stuck at home working, don’t forget to switch the laundry!

Have a great week!

Marc