Balancing urban development and endangered species: The coachella valley habitat conservation plan

Habitat conservation plans (HCPs) permitted under Section 10(A) of the federal Endangered Species Act, have been increasingly used to overcome conflicts between urban development and species conservation. This article profiles one such HCP, the Coachella Valley (CA) Fringe-Toed Lizard Habitat Conservation Plan. The second HCP officially approved by the US Fish and Wildlife Service, the Coachella Valley case is frequently cited as a model for resolving conservation and development conflicts. The article begins with a discussion of the use of HCPs, and then provides a detailed discussion of Coachella Valley experience, its history, specific provisions, and success to date. A final section examines whether Coachella Valley does in fact represent a positive model. It is argued that the HCP has been less than fully successful and leaves unresolved a series of fundamental ethical and policy questions concerning the protection of endangered species. Funding for this report was provided by the National Fish and Wildlife Foundation. Any opinions, findings, conclusions, or recommendations are those of the author and do not necessarily represent the views of the Foundation.     

ESTIMATING MARYLAND CRITICAL AREA ACVS IMPACT ON FUTURE NONPOINT POLLUTION ALONG THE RHODE RWER ESTUARY1

ABSTRACT: This paper presents the results of an investigation of the effects of the Maryland Critical Area Act on generation of non-point source loads of phosphorus, nitrogen, and sediment to the Rhode River estuary. The Simple Method model, the Marcus and Kearney regression model, and the CREAMS model were used to estimate annual loads under: (1) present conditions, (2) maximum land use development allowable under the Act, and (3) two sets of future land use conditions that might occur if the Act were not in place. Results indicate that the Critical Area Act can reduce the present generation of nonpoint nutrient and sediment loadings 20–30 percent from the regulated area. These reductions can occur while preserving agricultural lands and allowing limited residential and urban development. The decrease in nutrient loadings is primarily dependent upon implementation and enforcement of agricultural best management practices (BMPs). The BMPs could reduce present agricultural nutrient loadings by 90 percent to a level comparable to loadings from residential areas. The estimated effectiveness of the Critical Area Act is even greater when compared to potential future nutrient loadings if development in the area remains unregulated. Unrestricted residential and urban development could increase nutrient loadings by 200 percent to 1000 percent as compared to controlled development under Critical Area Act guidelines. The Critical Area Act primarily prevents these future increases by severely limiting woodland cutting, with lesser results obtained by requiring urban BMPs.     

Environmental regulatory compliance on army lands: A case study

A “finding of no significant impact” (FONSI) resulting from an environmental assessment (EA) was reported by the US Army in June 1986 for the construction and utilization of a multipurpose range complex (MPRC) at the Pohakuloa Training Area, Hawaii. There was little public response, and the US Fish and Wildlife Service and state agencies were consulted and had few comments concerning the results of the botanical surveys used in the assessment. Construction of the $24 million project was begun in 1988. Near the end of construction in 1989 a lawsuit was filed to halt construction because an environmental impact statement (EIS) had not been done for the project, and the plaintiff thought that significant damage had occurred to several unusual ecosystems. Judgment was against the plaintiff and construction continued. An appeal was filed with the 9th Circuit Court. As MPRC construction was nearly complete, and on advice of Department of Justice lawyers, the Department of Army agreed to settle out of court. The settlement in part called for: (1) the plaintiff to drop the appeal and allow construction to be completed as scheduled, and (2) the Department of Army to prepare an EIS for the operation of the MPRC. A subsequent botanical survey for the EIS discovered one endangered plant species, four category 1 candidate plant species (taxa with sufficient data to support listing as endangered or threatened), three category 2 candidate plant species (taxa with some evidence of vulnerability but insufficient data to support listing at this time), one category 3a species (presumably extinct taxa), and possibly three undescribed species growing within the MPRC boundary. The MPRC case study is an excellent example of why the National Environmental Policy Act (NEPA) must be modified to require in-depth and thorough environmental surveys.     

Environmental Management and the New Politics of Western Water: The Animas-La Plata Project and Implementation of the Endangered Species Act

/ This paper explores the new politics of western water policy through an examination of the Animas-La Plata water project and implementation of the Endangered Species Act. It is suggested that the focus of western water programming has shifted from the source of distributed funds, the United States Congress, to the agencies originally created to deliver federal benefits because funding for new project construction has not been forthcoming. Under this new system, members of Congress continue to excite their constituents with promises of money for new project starts, while the administrative agencies perform the myriad duties needed to keep these projects alive. The result is that political objectives have replaced operational/management objectives in administrative processes. In this case, the author demonstrates how resource managers in the Bureau of Reclamation manipulated hydrological analysis to control administrative process, why their manipulation was unfair, and perhaps illegal, and why biologists from the US Fish and Wildlife Service accepted the analysis. While ostensibly protecting all interests, the result is that none of the objectives of federal water programming are achieved. KEY WORDS: Environmental management; Administrative politics; Water policy; Endangered Species Act; Animas-La Plata, Bureau of Reclamation     

Hydrological Connectivity Between Headwater Streams and Downstream Waters: How Science Can Inform Policy1

Abstract: In January 2001, the U.S. Supreme Court ruled that the U.S. Army Corps of Engineers exceeded its statutory authority by asserting Clean Water Act (CWA) jurisdiction over non‐navigable, isolated, intrastate waters based solely on their use by migratory birds. The Supreme Court’s majority opinion addressed broader issues of CWA jurisdiction by implying that the CWA intended some “connection” to navigability and that isolated waters need a “significant nexus” to navigable waters to be jurisdictional. Subsequent to this decision (SWANCC), there have been many lawsuits challenging CWA jurisdiction, many of which are focused on headwater, intermittent, and ephemeral streams. To inform the legal and policy debate surrounding this issue, we present information on the geographic distribution of headwater streams and intermittent and ephemeral streams throughout the U.S., summarize major findings from the scientific literature in considering hydrological connectivity between headwater streams and downstream waters, and relate the scientific information presented to policy issues surrounding the scope of waters protected under the CWA. Headwater streams comprise approximately 53% (2,900,000 km) of the total stream length in the U.S., excluding Alaska, and intermittent and ephemeral streams comprise approximately 59% (3,200,000 km) of the total stream length and approximately 50% (1,460,000 km) of the headwater stream length in the U.S., excluding Alaska. Hillslopes, headwater streams, and downstream waters are best described as individual elements of integrated hydrological systems. Hydrological connectivity allows for the exchange of mass, momentum, energy, and organisms longitudinally, laterally, vertically, and temporally between headwater streams and downstream waters. Via hydrological connectivity, headwater, intermittent and ephemeral streams cumulatively contribute to the functional integrity of downstream waters; hydrologically and ecologically, they are a part of the tributary system. As this debate continues, scientific input from multiple fields will be important for policymaking at the federal, state, and local levels and to inform water resource management regardless of the level at which those decisions are being made. Strengthening the interface between science, policy, and public participation is critical if we are going to achieve effective water resource management.     

Factors influencing voting by the united states congress on the national energy act

A myriad of factors, both economic and political, influenced the voting by members of the United States Congress on the 1978 National Energy Act. Determinant factors considered in our analysis included the percentage of residents in the Congressman's district residing in the central city or on farms; the percentage of residents who belong to labor unions; the average level of education of the residents; oil, coal, and natural gas production in the state relative to total domestic production. The results, determined by means of logit analysis, indicate that the impact on low-income energy consumers, the effect on overall employment, the impact on farmers, and the benefits to energy interests, as well as ideology and the subjective perception that the need exists to do something about the energy situation in the United States, were all important explanatory factors.The author is an economist with the United States Department of Energy. The views expressed are those of the author and do not necessarily represent the policies of the Department of Energy or the views of other Department of Energy staff members.     

Cumulative silvicultural impacts on watersheds: A hydrologic and regulatory dilemma

Because of the nature of watersheds, the hydrologic and erosional impacts of logging and related road-building activities may move offsite, affecting areas downslope and downstream from the operation. The degree to which this occurs depends on the interaction of many variables, including soils, bedrock geology, vegetation, the timing and size of storm events, logging technology, and operator performance. In parts of northwestern California, these variables combine to produce significant water quality degradation, with resulting damage to anadromous fish habitat.Examination of recent aerial photographs, combined with a review of public records, shows that many timber harvest operations were concentrated in a single 83 km² watershed in the lower Klamath River Basin within the past decade. The resulting soil disturbance in this case seems likely to result in cumulative off-site water quality degradation in the lower portion of the Basin.In California, both state and federal laws require consideration of possible cumulative effects of multiple timber harvest operations. In spite of recent reforms that have given the state a larger role in regulating forest practices on private land, each timber harvest plan is still evaluated in isolation from other plans in the same watershed. A process of collaborative state-private watershed planning with increased input of geologic information offers the best long-term approach to the problem of assessing cumulative effects of multiple timber harvest operations. Such a reform could ultimately emerge from the ongoing water quality planning process under Section 208 of the amended Federal Water Pollution Control Act.     

THE MILWAUKEE POLLUTION CASE - IMPLICATIONS FOR WATER RESOURCES PLANNING1

ABSTRACT: The Illinois v. Milwaukee Federal District Court decision is the most far reaching application yet of the federal common law of nuisance to interstate water pollution conflicts. Although a Federal Appelate Court recently rescinded part of the district court decision, Milwaukee must still upgrade its metropolitan sewage system to a level beyond that required by federal and state regulations. The improvements must be completed with or without federal aid. The case points out the apparent inability of the Clean Water Act, the most comprehensive federal legislation affecting the nation's water quality, to deal with certain interstate water quality conflicts. The Milwaukee decision could set a precedent for similar settlements elsewhere which may in turn affect the U.S. Environmental Protection Agency's water quality clean up program. A more integrated, ecosystem conscious approach to management of shared water resources (e.g., the Great Lakes) would help reduce the need for court decisions like Illinois v. Milwaukee.     

Decision‐Making Triggers in Adaptive Management

We analyzed whether decision‐making triggers increase accountability of adaptive‐management plans. Triggers are prenegotiated commitments in an adaptive‐management plan that specify what actions are to be taken and when on the basis of information obtained from monitoring. Triggers improve certainty that particular actions will be taken by agencies in the future. We conducted an in‐depth, qualitative review of the political and legal contexts of adaptive management and its application by U.S. federal agencies. Agencies must satisfy the judiciary that adaptive‐management plans meet substantive legal standards and comply with the U.S. National Environmental Policy Act. We examined 3 cases in which triggers were used in adaptive‐management plans: salmon (Oncorhynchus spp.) in the Columbia River, oil and gas development by the Bureau of Land Management, and a habitat conservation plan under the U.S. Endangered Species Act. In all the cases, key aspects of adaptive management, including controls and preidentified feedback loops, were not incorporated in the plans. Monitoring and triggered mitigation actions were limited in their enforceability, which was contingent on several factors, including which laws applied in each case and the degree of specificity in how triggers were written into plans. Other controversial aspects of these plans revolved around who designed, conducted, interpreted, and funded monitoring programs. Additional contentious issues were the level of precaution associated with trigger mechanisms and the definition of ecological baselines used as points of comparison. Despite these challenges, triggers can be used to increase accountability, by predefining points at which an adaptive management plan will be revisited and reevaluated, and thus improve the application of adaptive management in its complicated political and legal context. Detonadores de la Toma de Decisiones en el Manejo Adaptativo     

Intraspecific Chromosome Number Variation: a Neglected Threat to the Conservation of Rare Plants

Abstract: The effectiveness of rare plant conservation will increase when life history, demographic, and genetic data are considered simultaneously. Inbreeding depression is a widely recognized genetic concern in rare plant conservation, and the mixing of genetically diverse populations in restoration efforts is a common remedy. Nevertheless, if populations with unrecognized intraspecific chromosome variation are crossed, progeny fitness losses will range from partial to complete sterility, and reintroductions and population augmentation of rare plants may fail. To assess the current state of cytological knowledge of threatened and endangered plants in the continental United States, we searched available resources for chromosome counts. We also reviewed recovery plans to discern whether recovery criteria potentially place listed species at risk by requiring reintroductions or population augmentation in the absence of cytological information. Over half the plants lacked a chromosome count, and when a taxon did have a count it generally originated from a sampling intensity too limited to detect intraspecific chromosome variation. Despite limited past cytological sampling, we found 11 plants with documented intraspecific cytological variation, while 8 others were ambiguous for intraspecific chromosome variation. Nevertheless, only one recovery plan addressed the chromosome differences. Inadequate within‐species cytological characterization, incomplete sampling among listed taxa, and the prevalence of interspecific and intraspecific chromosome variation in listed genera, suggests that other rare plants are likely to have intraspecific chromosome variation. Nearly 90% of all recovery plans called for reintroductions or population augmentation as part of recovery criteria despite the dearth of cytological knowledge. We recommend screening rare plants for intraspecific chromosome variation before reintroductions or population augmentation projects are undertaken to safeguard against inadvertent mixtures of incompatible cytotypes.