EPA Clean Water Rule Rollback

Water Wonk Wednesdays

A weekly column on water news, tips, and innovations.

 

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President Trump issued an executive order yesterday to roll back the Clean Water Rule issued by President Obama to extend 1972 Clean Water Act protections to smaller streams and wetlands that feed rivers, lakes, and estuaries. President Trump stated that this reversal reflected his emphasis on economic activity and states rights. New York State Attorney General Eric Schneiderman is leading a coalition to litigate against President Trump’s order. The New York Times published a useful article about this debate.

 

 

 

The EPA Must Test the Plants of Newtown Creek.

HarborLAB caused quite a stir recently by drawing attention to the fact that the U.S. Environmental Protection Agency isn’t testing plant tissues in the Newtown Creek. This great research gap had not been addressed before. We raised the point at the October meeting of the Newtown Creek Community Advisory Group with the EPA about Superfund progress.

Our concern is informed by our periodic biota surveys. We thank the United Nations Federal Credit Union and Con Ed for their support of our environmental work.

The EPA noted in its presentation that it tests the tissues of some fish species, especially those most likely to be eaten by people, but admitted in response to HarborLAB’s questioning that no plant tests were conducted or scheduled to be conducted. The EPA also asserted that because the creek was so thoroughly bulkheaded, there wasn’t a plant population to test. HarborLAB has conducted bioblitzes of the creek and strongly disagreed, suggesting that nonprofits and universities could begin plant tissue tests even if the EPA wouldn’t. Representatives from Riverkeeper, North Brooklyn Boat Club, and LaGuardia Community College quickly seconded HarborLAB’s concerns.

HarborLAB’s launch already boasts indigenous, salt-tolerant goldenrod, pokeberry, milkweed, and other species that support birds and pollinators. We’re working to add cordgrass, beach plum, and more as part of our GreenLaunch project. Marsh grasses, reeds, and other plants fringe the creek where there are no bulkheads or where bulkheads have crumbled. Above the bulkheads but still within occasional flood zones are a number of plant species, whether native, invasive, or cultivated. There are even fruit trees, including fig, apple, pear, and mulberry. Within the creek, HarborLAB has observed sea lettuce, bladderwrack, mosses, and more.

At the request of LaGuardia Community College biologist Sarah Durand, PhD, HarborLAB has been photographing shoreline and aquatic plants. Dr. Durand and her students have begun growing marsh grass in buckets and planters as experiments in anticipation of installing habitat restoration platforms. We will soon join the Newtown Creek CAG, which counts Dr. Durand as a steering committee member, in formally urging the EPA to reconsider its assessment and add plant tissue testing.

It’s absolutely necessary that the EPA expand testing to include plants and smaller animal organisms, like invertebrates and killifish who spend their entire lives in the creek. These are the complex organism building blocks this blighted corner of the estuary. As Newtown Creek Alliance Mitch Waxman remarked to HarborLAB after the meeting on the narrowness of the EPA’s work: “What the EPA is doing is a human health impact study, not an environmental impact study.”

Gallery of Newtown Creek plants by Thomas Zellers and Erik Baard.

Videos by Roy Harp showing moss and algae.

Video by Roy Harp showing spartina installations.