Registration for The National Association of Conservation Districts' (NACD) 77th Annual Meeting is now open! Hosted in partnership with the Louisiana Association of Conservation Districts, the 2023 Annual Meeting will take place in New Orleans, Louisiana from February 11-15 at the New Orleans Marriott. Early bird registration for the discounted price of $575 will be open through December 23, 2022. NACD's Annual Meeting brings together hundreds of conservation leaders from across the nation with opportunities for networking, learning, and exploring New Orleans! More details, including hotel and tour information, can be found here.

SUPREME COURT TERM BEGINS WITH WOTUS CASE AS EPA FINALIZES DEFINITION

A new Supreme Court term began last week with the justices hearing oral arguments for Sackett v. Environmental Protection Agency (EPA). In 2004, the Sackett’s purchased a residential lot close to Priest Lake, Idaho and placed gravel with the intention of building a home. The EPA determined that the Sackett’s residential lot included wetlands protected under the Clean Water Act (CWA) and subsequently informed the Sackett’s they could not build. After several years of litigation, the Ninth Circuit Court of Appeals cited precedent from Rapanos v. United States, a previous Supreme Court case which attempted to definite WOTUS. Justice Kennedy’s opinion in the Rapanos v. United States stated “jurisdiction over wetlands depends upon the existence of a significant nexus between the wetlands in question and navigable waters in the traditional sense.” A significant nexus test is presently used to determine if federal agencies, such as the EPA, have jurisdiction over wetlands and other non-navigable steams and ditches.

Since the Rapanos v. United States case did not end in a majority opinion, it has caused confusion as the lower circuit courts have interpreted the ruling differently (e.g., certain circuit courts have argued whether to use Justice Scalia or Kennedy’s tests to determine WOTUS). The Sackett’s are now hoping the Supreme Court will decide which test is appropriate for determining what waters and wetlands are considered WOTUS.

Why is this important? The decision in Sackett v. EPA from the Supreme Court could clarify how federal agencies determine what waters and wetlands are WOTUS and therefore subject to protection under the Clean Water Act. 

The EPA is also currently in the process of revising the definition of WOTUS and is likely to publish the final definition before the Supreme Court rules on the Sackett v. EPA case in early 2023. The definition may change again depending on the Supreme Court’s decision.

Last year, NACD submitted comments to EPA requesting that the agency recognize and accommodate local input when defining WOTUS. The NACD Government Affairs team will continue to follow both the Supreme Court and EPA for decisions on WOTUS and will provides updates accordingly.

JOIN NACD'S UPCOMING FORESTRY WEBINAR ON INCREASING LOCAL CAPACITY

NACD will be hosting a webinar on the Society of American Foresters ForestEd platform on October 26, 2022, 1:00 - 2:00 p.m. ET. Utilizing this learning platform will allow us to engage with NACD audiences and a broader cross section of natural resource professionals and foresters while exposing these new audiences to the work of conservation districts. NACD members can register for the webinar here and will receive details on how to access the webinar.

Encouraging landowners to implement sustainable forestry management has a unique set of challenges including those related to capacity limitations. This webinar will showcase the work of the American Forest Foundation in partnership with NRCS, piloting capacity building efforts in the west by focusing on increasing local capacity. In addition, attendees will hear from the Boulder Valley & Longmont Conservation Districts and their efforts to increase forester capacity and engage more landowners. We will be joined by Vanessa McCracken, District Manager, Boulder Valley & Longmont Conservation Districts, and Natalie Omundson, Senior Manager Western Conservation and Fire, American Forest Foundation.

This webinar is intended for conservation district professionals, foresters, and natural resource professionals as well as anyone seeking to learn more about the role of conservation districts in forestry and innovative approaches to increasing local capacity.

CUYAHOGA SWCD ESTABLISHES FOOD FORESTS WITH UAC GRANT SUPPORT

Through the joint NACD-NRCS Urban Agriculture Conservation (UAC) grant initiative, districts have the opportunity to provide technical assistance related to any number of agricultural conservation issues in urban and community settings. Thanks to a 2020 UAC grant, Cuyahoga Soil and Water Conservation District (SWCD) in Ohio was able to focus on establishing two food forests within the greater Cleveland area.

The first food forest was a demonstration site set up near the Garfield Heights High School, in Garfield Heights, Ohio, which already had a community garden and several edible native and wild plants, including cherry oak. The site is used as a teaching tool to demonstrate that edible, native food can be grown in a “forest” atmosphere, regardless of the size of the forest. The proximity to the school also provides the ability for students to learn about native edible foods.

The second site was established near the Historic Coit Road Farmers Market in East Cleveland, Ohio. Coit Road Farmers Market is one of the longest running Farmers Markets in greater Cleveland, and one of the few spots that fresh, locally grown produce is available on Cleveland’s west side, an historically disenfranchised area and food desert. Establishing a food forest here not only provides potential meal sources for residents, it also provides a green space in an area that is lacking green space access. The food forest will serve a as a replicable model as well as a source for plants for other neighborhood projects.

The food forests would not have been established if it wasn’t for the numerous partners that helped with the execution of the grant, including Cahoon Nursery, The Hawken School, Case Western Reserve University, Food Strong, The Cuyahoga County Land Bank, Central State University Extension, Coit Road Farmers Market, The City of East Cleveland, The City of Garfield Heights, and many, many others.

Working with so many partners provided a supportive network when the district needed to overcome challenges of their grant (as discussed in a 2021 NACD monthly urban and community webinar), but also provided many learning opportunities for Cuyahoga SWCD staff.

“Pre-grant work is the major key to success,” says Jakob Hamlescher, Urban Technician at the district. “Have all MOUs out and greed to with project partners and sites secured, or ready to be secured with funding. This allows boots and shovels to hit the ground as soon as possible.”

Read more about all grantees through the UAC program on NACD’s urban and community conservation webpage.