News & Updates from CWAG
May 9, 2023
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Hawaii Good Food Alliance Selected By USDA To Bolster Non-Mainland Food Systems
By Thomas Heaton | May 4, 2023
The U.S. Department of Agriculture has tapped Hawaii to be the focal point for strengthening the food systems of states and territories outside the lower 48.
Hawaii Good Food Alliance was selected to establish the Islands and Remote Areas USDA Regional Food Business Center, taking a $30 million slice of $400 million in federal funds allocated last year to energize local and regional food supply chains.
The Alliance is a collective of organizations working to increase food security, including farms and food hubs from every island in the archipelago, and will be charged with targeting historically underinvested communities. It will establish a regional food business center that will help food producers and businesses outside the contiguous U.S. access new markets and get better access to local, state, and federal resources. Hawaii, Guam, the Commonwealth of Northern Mariana Islands, American Samoa, Alaska, Puerto Rico and the U.S. Virgin Islands all fall under the plan.
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Fact Sheet: USDA Is Fighting for Fair, Competitive, and Transparent Markets
Release No. 0099.23 | May 4, 2023
Fair and competitive markets have long been the cornerstone of the American economy. Competition ensures that American farmers, ranchers, and those who grow our nation’s food have the freedom to choose among different suppliers, employers, and retailers to buy and sell their products and the products they need. It spurs innovation, improves opportunities for producers and workers, and increases resiliency in the nation’s food supply. For far too long, however, agriculture policy has been focused on ‘get big or get out’, resulting in the acceleration of corporate consolidation. This consolidation undermines economic resiliency and robust price competition. It lowers farmers’ and ranchers’ earnings, hamstrings their ability to compete, and limits the ability of rural economies to secure robust, self-sustaining prosperity.
Since the historic Executive Order on Promoting Competition in America’s Economy was issued, USDA has taken a range of actions to tackle competition issues in agricultural markets. To address these large and complex problems and as set out in our competition report, USDA is using all tools available, including working in concert with the rest of the Administration.
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The U.S. Fish and Wildlife Service announced that it will not emergency list the Clear Lake hitch. The Service will continue to invest in projects that support the recovery of the freshwater fish while moving forward with its full evaluation of the species scheduled to be completed by January 2025. After considering the immediacy of the threats to the species, the Service’s review of the current situation of the species does not indicate that an emergency under the Endangered Species Act exists at this time.
The emergency listing provision is effective when there is a clear threat that can be addressed expeditiously by regulatory authorities and has only been used a handful of times in the history of the Endangered Species Act. The Clear Lake hitch is a freshwater minnow that is found only in Northern California’s Clear Lake watershed. The minnow is an important species to local Tribes who historically relied on it for food. Habitat loss, degradation, and modification, along with drought and poor water quality in Clear Lake have led to a decline in the species’ population.
The Service will issue a call for data on the Clear Lake hitch this summer. The data collected through this process will be evaluated and integrated into the Service’s assessment of the species. The agency is on track to complete its evaluation of the Clear Lake hitch by January 2025. If the evaluation indicates that listing the species is warranted, the agency will propose listing at that time.
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Vote taken to End Lesser Prairie Chicken Protections
In a 50-48 vote, a final rule issued by the U.S. Fish and Wildlife Service in November 2022 protecting the lesser prairie chicken under the Endangered Species Act is rejected. Two populations are currently protected: a Texas and New Mexico population listed as endangered and a separate northern population in Texas, Oklahoma, Kansas, and Colorado listed as threatened.
If a Congressional Review Act resolution is approved by both chambers of Congress and signed by the president, the underlying rule becomes void and the agency is prevented from future issuance of a rule that is “substantially the same” without an act of Congress.
The lesser prairie chicken is a highly imperiled ground-nesting bird known for the males’ elaborate calls and showy displays of reddish-orange air sacs while performing their spring mating dances. The bird once roamed the southern Great Plains by the millions, but today its population has declined to roughly 27,000 — including a decline of 20% since 2021 — and now is found in less than 10% of its former habitats.
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Attorney General Josh Kaul Joins Coalition Sounding Alarm Over Pervasive Plastic Microfiber Pollution, Calls on EPA to Protect Public Health
In a letter to the U.S. Environmental Protection Agency and the National Oceanic and Atmospheric Administration, Attorney General Josh Kaul joined a coalition of 16 states sounding the alarm over pervasive plastic microfiber pollution, urging EPA and NOAA to use the full extent of their authority to protect public health and the safety of our oceans. It is estimated that approximately 640,000 to 1,500,000 plastic microfiber pieces are shed per wash cycle and that the United States and Canada pollute an estimated 878 tons of microfibers into the aquatic environment each year.
The EPA is aware of this problem and potential solutions. Global awareness of this pervasive pollutant is growing, and several nations have implemented or are considering similar regulations. Specifically, the Attorneys General urge EPA and NOAA to evaluate their authority under the Clean Water Act to regulate microfiber pollution and to direct specific funding and research into both the environmental and human health harms caused by microfibers and into washing machine technology solutions. Joining Attorney General Kaul in today’s letter are the attorneys general of California, Connecticut, Delaware, the District of Columbia, Illinois, Maryland, Michigan, Minnesota, Nevada, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.
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EPA Proposes to Establish First-Time Clean Water Act Protections for Over 250 Tribes
May 3, 2023
The U.S. Environmental Protection Agency (EPA) announced proposed federal baseline water quality standards for water bodies on Indian reservations that do not have Clean Water Act standards, ensuring protections for over half a million people living on Indian reservations as well as critical aquatic ecosystems.
Fifty years ago, Congress established a goal in the Clean Water Act (CWA) that waters should support fishing and swimming wherever attainable. All states and 47 Tribes have established standards consistent with that goal. However, the majority of U.S. Tribes with Indian reservations lack such water quality standards. This proposal would extend the same framework of water quality protection that currently exists for most other waters of the United States to waters of over 250 Tribes and is the result of decades of coordination and partnership with Tribes.
If finalized, this proposal would safeguard water quality on Indian reservations until Tribes are able to adopt their own CWA standards for their water bodies. EPA estimates this proposed water quality standard will increase protections for 76,000 miles of rivers and streams and 1.9 million acres of lakes, reservoirs, and other open surface waters within Indian reservations, protecting aquatic life and the health of over half-a-million residents living within reservation boundaries.
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The Southeast Alaska chinook troll fishery is under renewed threat of potential suspension after a federal judge in Seattle ruled the National Marine Fisheries Service must remake its plan for king salmon that allows the fishery to continue employing some 1,500 fishermen.
The long-anticipated May 2nd ruling from U.S. District Court Judge Richard Jones requires that NMFS come up with a new “biological opinion” that analyzes the impact of the king salmon fishery on Washington state’s Southern Resident Killer Whale population.
The endangered orca whale population is down to 73 animals. The Wild Fish Conservancy sued over NMFS’ last plan, arguing the agency’s proposed mitigation measures to boost salmon stocks are insufficient to ensure the orcas have enough food to slow their population decline.
A summer salmon season opener on July 1st could be in jeopardy from the ruling. NMFS and Alaska state fisheries officials have been preparing for the possibility since an earlier judgment in August 2022 faulted NMFS for failing to meet requirements under the Endangered Species Act. Commercial fishing industry groups said they are looking to appeal the decision.
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Federal, Tribal, and State Leaders Launch Puget Sound Federal Leadership Task Force
May 4, 2023
The U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, National Oceanic & Atmospheric Administration, and western Washington Tribes kicked off the first meeting of the Puget Sound Federal Leadership Task Force, mandated by Congress in 2022 to coordinate the federal government’s efforts to restore Puget Sound and address Tribal treaty rights. The legislation creating the task force was included in the National Defense Authorization Act of 2023 and amended the Clean Water Act to create a Puget Sound Recovery National Program Office in Washington state.
Chaired by EPA, the Corps of Engineers, and NOAA, the task force includes 15 federal agencies that play a role in protecting Puget Sound and are directed to coordinate and collaborate with the Tribal Management Conference and a newly formed State Advisory Committee. The agencies are charged with incorporating Tribal treaty rights in their strategies for Puget Sound restoration, as highlighted in the Treaty Rights at Risk document created by the Northwest Indian Fisheries Commission which outlined the federal government’s responsibilities to address habitat loss as noted in the 1974 Boldt Decision.
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Native Burial Sites Will Soon Be Protected Under Law for the First Time
By Jay Root | May 2, 2023
For years, New York law permitted developers to build atop Native American burial sites without taking steps to preserve the ancient remains, making the state one of only four with no meaningful protection for graves on private lands. But that is set to change thanks to a provision included in the state budget deal announced. The measure, which passed the Assembly and Senate, would for the first time require private landowners to halt development if they discover a burial site on their property, and make it a crime to remove, deface or sell the remains or funerary objects.
The veto drew harsh criticism from tribal leaders and their backers. Protections in New York already exist for unmarked graves found on public land, or during excavation for publicly funded projects. A tribal representative would be allowed to monitor excavations, and the whole process would usually be finished within three months.
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Water bills advance as lawmakers from both parties back more agency funding
Daniel Rothberg | May 4th, 2023
Nevada is considered the nation’s driest state, and it’s hard not to argue water is one of its most valuable resources. Water supports communities and ecosystems in countless ways — every day. Yet the state agency most responsible for managing water rights is underfunded. At a recent meeting, a bipartisan group of lawmakers agreed to do something about it.
More broadly, both state and federal natural resource agencies have faced retention issues and staffing gaps that have created delays in processing permits. During an interview at a Society of Environmental Journalists conference, As lawmakers weigh a budget increase for the Division of Water Resources, the Legislature is also considering several bills focused on the statutory framework around how the state should manage water.
In recent years, as prolonged drought has worsened, state regulators have faced increasingly difficult choices about how to use water and resolve water conflicts. Often, the state makes a decision and the decision is appealed, leaving the courts to interpret Nevada water law.
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The Environment and Natural Resources Division is hosting upcoming training sessions for state government environmental law practitioners beginning on May 9.
Each training is virtual and free to attend!
If you have any questions contact:
Counsel for State and Local Affairs | Law and Policy Section | Environment and Natural Resources Division | U.S. Department of Justice
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Session 1: Common Interest Agreements
Zoom Webinar
May 9, 2023, 2:00pm - 3:30pm Eastern Time
This session will begin with opening remarks by ENRD's Principal Deputy Assistant Attorney General Kate Konschnik highlighting the importance of joint state and federal environmental enforcement efforts. These remarks will be followed by a presentation by the Senior Litigation Counsel for E-Discovery, Sarah Himmelhoch, regarding the common interest doctrine (also known as the joint prosecution privilege) as it is interpreted and applied in U.S. District Courts. The presentation will address the scope of the doctrine, the benefits and risks of sharing information pursuant to such agreements, and best practices in the drafting and implementation of the agreements.
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Session 2: Effective Expert Reports in Federal Cases - Zoom Webinar
June 13, 2023, 2:00pm - 3:00pm Eastern Time
Most environmental enforcement actions require testimony by expert witnesses. This interactive presentation will discuss working with expert witnesses when reviewing and finalizing expert disclosures. After reviewing the federal requirements for expert disclosures, participants will be asked to review excerpts of actual draft expert reports and spot issues related to compliance with the legal requirements and effective strategy. In a guided discussion of these issues, participants will discuss how to remedy the identified issues and how to effectively work with various types of experts and personalities to ensure an accurate but persuasive presentation of the facts.
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Session 3: Bringing Civil Cases to Protect Animal Welfare - Zoom Webinar
July 13, 2023, 2:00-3:00 PM Eastern Time
This presentation, provided by Trial Attorney Mary Hollingsworth, who has handled many of ENRD's animal welfare protection civil cases, she will review the civil authorities available and discuss the types and nature of evidence required to establish an effective claim.
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Session 4: Best Practices for Community Outreach to Further Environmental Justice - Zoom Webinar
August 8, 2023, 2:00-3:00 PM Eastern Time
This presentation will take the form of a panel discussion by several of ENRD's Environmental Justice Coordinators. The panelists will discuss ways of planning for community outreach, providing meaningful opportunities for community input and information, and effectively using the information gained through community outreach to further the goals of enhancing equity in environmental enforcement, particularly with respect to decisions regarding the appropriate relief for environmental violations.
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All summaries are posted in CWAG's google docs account, accessible through the link below. Should you have any issues with the links, contact Patricia Salazar at [email protected] with any questions.
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Upper Skagit Indian Tribe v. Sauk-Suiattle Indian Tribe, ___ F.4th ___, 2023 WL 3163049 (9th Cir., May 1, 2023). The usual and accustomed fishing area of the Sauk-Suiattle Tribe, as determined in United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), did not include the Skagit River.
In the Matter of N.D.M., ___ S.E.2d ___, 2023 WL 3184931 (N.C. Ct. App., May 2, 2023). Because the County Department of Social Services failed to provide active efforts toward reunification within the meaning of the Indian Child Welfare Act, the order terminating father's parental rights is reversed.
United States v. Milk, ___ F.4th ___, 2023 WL 3218035 (8th Cir., May 2, 2023). Members of Oglala Sioux Tribe could be prosecuted for violations of federal laws of general nationwide applicability occurring on-reservation without reference to requirements or restrictions of the Major Crimes Act, General Crimes Act, or Article I of Treaty of Fort Laramie.
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Conference of Western Attorneys General
5050 Laguna Blvd | Suite 112-323 | Elk Grove, California 95758
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