WATER FIGHT: Last Week's Highs and Lows of the Clean Water Act

The wars of the twenty-first century will be fought over water. ---- Ismail Serageldin

It was famed humorist Mark Twain who was given the credit for the incisively well-known phrase that "Whiskey is for drinking; water is for fighting."
For environmentalists concerned about protecting water, last week's 50th anniversary of Earth Day celebration offered a wild waterpark ride of slips and slides in interpreting the 1970's Clean Water Act.

The week began with water advocates crying foul has the Environmental Protection Agency under the guidance of the Trump Administration issued rulings that strip Clean Water Act protections for more than half of the nation’s wetlands and millions of miles of streams. The new Navigable Waters Protection Rule, “waters of the U.S.” (WOTUS), dramatically narrows the definition of what waters are and the scope of which they are subject to federal regulations under the Clean Water Act. The rule would effectively roll back Obama-era regulations and re-define navigable waterways, potentially threatening ecosystems and drinking water supplies.

American Rivers President Bob Irvin says that the new rule is a matter of law and not science stating that ephemeral streams (one in five streams nationally) and isolated wetlands (51 percent of all wetlands) do not qualify as waters under WOTUS.
"We believe that science is the best guide to protecting our rivers and streams," wrote on the American River webpage, "Now, the Trump administration is dismantling clean water protections that are essential to public health and safety."

The EPA said the changes are the results of two executive orders Trump signed last year aimed at preventing delays of federal projects such as pipelines, dams, and mines that have been limited by states and tribes' abilities to study the project's effect on water quality.
“The EPA’s existing certification rules have not been updated in nearly 50 years and are inconsistent...." the agency said in a statement to the Minneapolis Star Tribune, "Leading to confusion and unnecessary delays for federally licensed or permitted projects."
The proposed changes would set a one-year time limit for local reviews while allowing federal agencies to demand a quick turnaround. They would also allow federal agencies to veto what states or local entities decide, raising concerns with environmentalists.
"In the midst of this pandemic," Sierra Club Deputy Legislative DirectorDalal Aboulhosn, issued this statement. "The Trump administration has just given polluters another free pass-- this time to contaminate groundwater, destroy streams and wetlands and put our water at risk. The need for clean water cannot be ignored, nor can the consequences of doing so."

The (WOTUS) rule could take effect later this summer, but will surely face potential legal challenges that might delay it. The Trump administration has hopes that a case challenging the rule will end up before the Supreme Court and, with the current conservative majority, it will be upheld by the majority.

However, in the same week, the U.S. Supreme Court sent a loud and clear message to the Trump administration and the EPA, stating: Don’t go too far in cutting clean water protections.
In a 6-3 ruling, the court said that the landmark Clean Water Act forbids polluters from spewing waste into navigable waters like oceans and streams without a permit even if the pollution travels indirectly through groundwater.
“This is unquestionably a win for people who are concerned about protecting clean water in the United States,” said David Henkin, a lawyer for the environmental group Earthjustice who argued the case in the high court told the Associated Press.

In the most high-profile environmental dispute of the Supreme Court’s term, the decision could certainly weaken the defense to the Trump administration’s future (WOTUS) court challenges. Environmentalists will now argue “If groundwater can be the connection to permitting in Maui, then why can’t groundwater be the connection for extending jurisdiction over isolated wetlands and seasonal waters?"
"The administration may be less sure of its strategy now," wrote American River's Ivrin in an email, "After the Supreme Court’s recent 6-3 decision in the Maui case. In rejecting the administration’s argument that only a direct discharge could be a violation, the majority recognized a broader scope of waters of the U.S."

Much more litigation is sure to follow as environmental groups continue their pledge to block the administration’s moves to undermine the protection of rivers and wetlands while industry and agriculture will be lobbying the EPA and Congress to simplified standards and to loosen what they say is government overreach brought by the Obama administration.

"Ultimately, the scope of waters of the U.S. will likely be decided politically," wrote Irvin in an email, "If the Trump administration is limited to one term, a Biden administration would likely revoke the dirty water rule and restore the Obama-Biden administration’s Clean Water Rule. A Democratic-controlled Congress could clarify the broad scope of waters of the U.S. Or a future Supreme Court case could resolve the issue."

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EARTH DAY 2020

Every Day is EarthDay. The changes needed to safeguard future living conditions for all species won’t come from governments or businesses. It will come from the best available science and public opinion. So it’s up to us. Spread the science. --- Greta Thunberg, via Twitter

This past week was the 50th anniversary of Earth Day. Under normal circumstances, it would have been a week around the world marked with Earth Day celebrations, festivals, and massive clean up efforts all while promoting a cleaner, healthier environment worldwide.
It’s safe to say, however, nobody expected we’d be celebrating indoors and practicing "social distancing" during an earth-shaking pandemic that has inflicted millions and killed thousands. Environmental groups under the guideline stay in place restrictions around the world to fight the spread of COVID-19 were compelled to cancel all their outdoor and group events dedicated to environmental protection and rally online instead.

"Amid the recent outbreak, we encourage people to rise up but to do so safely and responsibly – in many cases, that means using our voices to drive action online rather than in person,” Kathleen Rogers, president of Earth Day Network, said in a news release.

Earth Day event organizers went to social media to create creative and fun virtual activities like trivia games, online tours of state and national parks, and interactive scavenger hunts along with tips on how people can honor the earth from home.
“It was hard,” Naina Agrawal-Hardin, a 17-year-old activist told Sierra, "But it was also so clear that it was what needed to happen. It’s not like we were going to pack up our bags just because Earth Day isn’t what we wanted it to be.”

"Like Earth Day, I turn 50 this year," wrote Wisconsin freelance writer Shari Gasper in the Sun Prairie Star, "There will be no party, no vacation get-away, no day at the spa. Instead, you’ll find me outside—in my garden, on a trail, or in my kayak on a quiet lake. My special day will be spent enjoying the simple joys of life, just like when I was a kid, and celebrating our amazing natural world."

But while it might have felt a little hard to celebrate Earth Day locked down in quarantine, the planet earth seemed to enjoy its day during this suspended time out. Around the world, skies are clearing of pollution, wildlife is returning and the normally polluted waters like the canals of Venice are clearer than anyone can remember.

No problems with the natural world have not suddenly vanished. Environmental leaders still warn that climate change still represents the biggest challenge to the globe. They predict that the world will return to its pre-pandemic settings quickly wiping out any environmental benefits of the shutdown.
However, on the bright side, they say the pandemic shutdown does give us a glimpse of a possible alternative into future Earth Days but only if we "rechart our course."
“Whether we like it or not, the world has changed. It looks completely different now from how it did a few months ago. It may never look the same again. We have to choose a new way forward,” Swedish climate activist Greta Thunberg told a YouTube audience to mark Earth Day this week.

Like all milestone anniversaries, the 50th anniversary of Earth Day despite this year's lack of fanfare is a salute to the environmentalists who started a worldwide movement and the bold call for action of those like young Thunberg, who continue the crusade by encouraging all to us to honor the earth, not just one day year, but each and every day.
"Each day, every single person," Jane Goodall said in National Geographic's, documentary special JANE GOODALL: THE HOPE, "Has the chance to make an impact through small, thoughtful choices, and when billions of people make the right choices, we start to transform the world. Don’t give up; there’s always a way forward.”

American Rivers Clean-Up Pledge  
While many of the Earth Day river clean-ups were canceled or postponed until a later date due to the coronavirus COVID-19 social distancing guideline, there is still a need. Outside Adventure to the Max and American Rivers is asking those of you who can get outside to take action and clean up and protect the rivers in our own backyards. We need your pledge.
Every year, National River Cleanup^® volunteers pull tons of trash out of our rivers, but by picking up trash you see around you every day, you can prevent it from getting into the rivers in the first place.

Will you pledge to pick up 25 pieces of trash in 25 days? Let’s prevent litter from making it into our local streams and rivers. Add your name here:

Make the River Cleanup Pledge, and share your work on social media with #rivercleanup to help grow our movement. You are the key to protecting our rivers by setting an example for your community and help make Earth Day every day

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2020 VISION

New Year - a new chapter, new verse, or just the same old story? Ultimately we write it. The choice is ours. -- Alex Morritt

Three days into the year and ugh, bam, A##!, and geesh! I had hit the wrong button on the computer and my brilliant yet un-substantiated pros were capsized into my computer and swept away like leaves in high water. What a way to start 2020 for Outside to Max. So our a bit behind with this post.
So what’s on your adventure horizon for 2020? As we stride into the new year, here is a list of 5 things of what we think will be influencing what we see on the water this year and beyond.

Kayaks on Demand
There is no doubt about it paddling sports participation will make a big splash in the new decade. Outdoor minded retiring boomers will be seeking both the health benefits of low impact fitness and peaceful and meditative of nature while kayaking. Kayak manufacturers, gear & clothing suppliers, and outfitters will have to take note that women are now representing about 45% of the paddling population and soon will outnumber the men. In turn, kayaks will be lighter, shorter and more versatile stressing stability but mostly comfort.

Places to Paddle
Canoeing and kayaking launch sites, take outs, and destinations are just a few clicks away as paddling apps help you plan the perfect place to kayak, canoe, or paddle near you.
Local municipalities will do their part by constructing long sought access areas to rivers and lakes in conjunction with paddling groups. Using the model build it and they come, forward-thinking water managers will propose whitewater parks like the one in Fort Collins, Colorado on the Poudre River to promote tourism and restores the river's banks to a more natural state.
Of course, that means to pay to play for many like in Oregon where paddlers using non-motorized boats will now need to purchase a new Waterway Access Permit, which will cost $5 for one week, $17 for a year or $30 for two years.
The switch went into effective Jan. 1, though officials won’t be enforcing the new permit until August 1.
The fees will help fund an aquatic invasive species prevention program, as well as new waterway access for non-motorized boating projects.

Safety Zone
We can only hope water safety awareness increases going into the new decade, but as inexpensive recreational kayaks float out of the big box stores like Costco and Sams Club, paddling instructors can't stress enough that kayaking and paddleboarding can seem leisurely at first, but a few small mistakes can turn them deadly quickly. First-time paddlers should take a training course and always wear your PFD.
And to answer the question, can you see me now? All commercial canoes and kayaks will have safety flags for the 2020 boating season on New York's Lake George in response to an increasing number of kayak and motorboat collisions on the lake.

Kayaktivism
In 2015 thousands of boaters in Seattle and Portland, as well as smaller gatherings throughout the country, came together to protest Arctic drilling giving us the new term of Kayaktivism.

At the time, the Sierra Club’s Alli Harvey said, “The kayak is now a symbol for demanding a sea change in our approach to energy use and development.”
In this era of climate change, conservation advocacy groups and paddlers are forming alliances to work together to promote and protect waterways, restore damaged rivers and reduce carbon emissions.
Already, English paddler, Rob Thompson is doing his part. He collects discarded plastic from the ocean, along with used fishing nets. The plastic and nets are used to make kayaks, and the kayaks are used to help harvest even more ocean plastic. His company, Odyssey Innovation, sells kayaks made from recycled marine plastic for a small profit.

Future is Now
Innovations in technology will be thrown over the bow as kayaks and kaykers will be equipped with GPS touch screens powered by solar panels infused into the gel-coat of the boat. Boats designed for angling will be faster more maneuverable and hands-free. Folding kayaks and pack rafts will help us explore waterways thought to be inaccessible.
At the take out, your self-driving vehicle is already parked and your kayak load assists roof rack takes away all the heavy lifting.
For longer incursions, solar-powered lights and hands-free navigation to compact tents and tough cameras make that roughing it camping trip not so rough after all. Even your reliable Swiss Army Knife now comes with 41 functions including a built-in digital alarm clock, altimeter, barometer, thermometer and LED light.

So let us all start the year and new decade off with the challenge to persevere, even if our computers drive us crazy and our phones run out battery power. As Mark Twain said, “Twenty years from now you will be more disappointed by the things that you didn’t do than by the ones you did do. So throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover.”

Paddle #151

Taylor Carlson on Lake Clementine

I had a great time over the Christmas break paddling with my son Taylor Carlson. I paddled to a new personal record of 151 paddling days in the calendar year.  I started on California's Lake Natoma and finished the year on Lake Clementine. 
Onward to 2020.

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EARTH DAY 2019

NASA Earth Observatory image by Robert Simmon

This Monday, April 22, marks Earth Day’s 49th birthday. The annual holiday has come a long way since its inception in 1970. According to the Earth Day Network that first Earth Day on April 22, 1970, activated 20 million Americans from all walks of life and is widely credited with launching the modern environmental movement. Paving the way for many groundbreaking environmental laws soon followed such as the Clean Air Act, Clean Water Act, Endangered Species Act.

Twenty years later, Earth Day is like a name global celebration, mobilizing 200 million people in more than 190 countries and lifting environmental issues onto the world stage. Communities big and small have stretched the celebration into seven days’ worth of eco-focused activities such as river clean ups and tree plantings.

“For millions of people," said Kathleen Rogers, President of Earth Day Network on their website, "Cleanups foster a sense of practical pride in their local environment while serving as an entry point and a springboard for many people—young and old—to become environmentally engaged and delve deeper into what is happening to our world, its nature, and its environment,”

Earlier this month, Rogers was excited to help kick off India’s River Ganges Initiative 2019, a landmark citizen-led cleanup of the iconic river. The River Ganges is being launched by the Earth Day Network as part of worldwide effort to mark the 50th anniversary of Earth Day.

According to a 2014 article in the Syndey Morning Herald, experts estimate that more than 3000 million liters of untreated sewage from these towns along the Ganges is pumped into the river every day. By the time it reaches Varanasi, whose untreated sewage (or most of it) is also pumped into the waters, it becomes a sewer and the sixth most polluted river in the world.

Photo courtesy of New Delhices

The initiative, which got underway last week ago as part of Earth Day 2019, will begin on Vaisakhi—the Hindu New Year for many in India —high in the Himalayan mountains at Devaprayag where two glacier-fed streams meet to form India’s most famous and sacred river. The first phase will evolve over the next 15 months to encompass 100 cities and towns close to the Ganges—known as the Ganga in India– as it meanders to the famous Sunderbans Delta.

“The project on the Ganges will serve as a lightning rod for many more countries and communities to get involved worldwide," Roger said, "As we transition into Earth Day 2020, we will mark the anniversary with a myriad of events including what we are calling the Great Global Cleanup—so watch this space”.

Closer to home. American Rivers a national advocacy group dedicated to the preservation of rivers released their 2019 report of America’s Most Endangered Rivers. It spotlighted how climate change is impacting our rivers and water resources. New Mexico’s drought ravished Gila River, named the #1 Most Endangered River in the country.

American River President and CEO Bob Irvin hopes this report will raise awareness of how our nation's rivers are vulnerable to the impacts of climate change, pollution, and other threats.

“Climate change is striking rivers and water supplies first and hardest,” said  Irvin, in a statement. “America’s Most Endangered Rivers is a call to action. We must speak up and take action because climate change will profoundly impact every river and community in our country."

For the whole list click here: AmericanRivers.org/EndangeredRivers2019

Happy Earth Day 2019

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NOVEMBER SKIES

 

I cannot endure to waste anything so precious as autumnal sunshine by staying in the house. So I have spent almost all the daylight hours in the open air. --Nathaniel Hawthorne 

"We seldom think of November in terms of beauty or any other especially satisfying tribute," wrote American author and naturalist Hal Borland, "November is simply that interval between colorful and dark December."

Paddling in November is an anomaly for many. The cool temperatures just seem to out-weigh the beautiful fall colors and golden light from the autumn sun. In my recent trips to both the Lower American River and my neighborhood lake, Lake Natoma, the waterways have been virtually abandoned by the summertime crowds, leaving an empty view of the glistening water. The refreshing clear and crisp autumnal air and sky and uncrowded shores make me wonder why November paddling doesn't get its homage and due.

When I look back on my last paddling day. I did nothing special. There was no grand trip to a lake or river I had never paddled before. There wasn't a thrilling ride through rapids or ocean waves. Sorry folks, but to celebrate my own personal record of the most paddling days ever in a calendar year, like always, as of late, it was a simple trip to the lake. One hundred and thirty-five days of paddling was spent floating in the twilight listening to the sounds of city and nature intermingle along the sloughs and islands in Lake Natoma.
It's an accomplishment for me to get to 135 days of paddling in the calendar year. In the past, vying for 100 days took some serious effort. This year has been mostly confined to local waters. Lack of money but mostly time with a very active work schedule has kept me away from exotic trips to faraway rivers and lakes. But I'll keep dreaming.
I'm content to enjoy my time on the water when some are locking their kayaks away for the season and with almost two months remaining in the year, I'll keep chipping away at my own personal record.

Paddling Forward, The 2018 Mid-Term Election
While the results can’t be called an unqualified victory for environment and climate advocates gained crucial purchase to push for clean air and water. Voters passed or defeated 10 state ballot initiatives favoring the environment to curb greenhouse gas emissions (Washington), increase the use of renewable fuels and increase spending on land preservation (Georgia, California), protect wildlife habitats (Alaska), limit fracking (Colorado). Montana voters, however, shot down an initiative that would have helped regulate new rock mines.
Leaders from environmental groups said they're thrilled with the election's outcome and Democrats reclaiming the House of Representatives to rebuff President Trump's most egregious environmental policies.

“In the last two years, we’ve seen the most anti-environment president in history and most anti-environment Congress in history—and the voters said, ‘Enough,’” Gene Karpinksi, the president of the League of Conservation Voters told Sierra the national magazine of the Sierra Club, “The green firewall in the Senate is still intact. We have new leadership and a pro-environment majority in the House, and that’s a big step forward. As we’ve said, if we’re going to make progress in the short term, it’s going to come from the states. And we have many, many new governors and statehouses that are committed to fighting for clean energy and action on climate.”

In water-related initiatives, Alaska voters turned down a measure that would have forced the state’s Department of Fish and Game to hand out permits for projects and activities that might harm fish. In Florida, voters came out against offshore drilling and will put an end to oil and gas mining on lands under state waters. While in California, voters have rejected an initiative would have allocated close to $8 billion in funds for surface and groundwater storage, watershed protection (habitat restoration) and water infrastructure.

This past election brought out a lot of ugly rhetoric about persons of color and both immigrants and refugees, women, and the LGBT community. But as American Rivers President William Robert (Bob) Irvin wrote after the 2016 election, "Rivers don’t care where you came from or where you’re going, what you believe and what you don’t believe, who you love or who your parents were. At American Rivers, we respect the dignity of every human being who works for us, who works with us, and who we see on the river."

I Boated
And major kudos to Relise Design Company of Knoxville Tenn, for creating the I Boated, #GoBoatTN emblem during this year's election as a way to show off Tennessee boating pride. We should all exercise our civic duty and get out there and BOAT!

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@nickayak
The official feed of Outside Adventure to the Max. Follow us on river trips along the American River and the lakes of the Sierra with Current Adventures as we count my paddling days of the year.

THE WATER KING: EPA'S Pruitt places himself in charge of all decisions reguarding the nation's waterways.

The Trump administration's attack on the Clean Water Act intensified earlier this week after Environmental Protection Agency Administrator Scott Pruitt placed himself in charge of all decisions regarding the nation’s waterways.

Scott Pruitt

According to a memo provided to CNN by the group Public Employees for Environmental Responsibility dated March 30, states that Pruitt will be making all final decisions when it comes to on the protection streams, ponds and wetlands tossing aside the input of the agency’s regional administrators and scientists.
"With this revised delegation, authority previously delegated to regional administrators to make final determinations of geographic jurisdiction shall be retained by the administrator," the memo states.

EPA spokeswoman Liz Bowman downplayed it, saying the memo is meant to deal with "significant issues or technical difficulties" that could arise while determining wetlands and waterways as the agency begins revamping the Obama-era water regulations.

"Regions will absolutely be involved in the process and work closely with the administrator's office when doing the work to assess jurisdiction for very select, and often rare, cases," Bowman said an article from the Washington Examiner.

The move is being seen by environmental groups as a way to change the approval process and lessen the role of EPA employees and scientists when it comes to evaluating whether projects have a significant negative environmental impact on waterways or wetlands. In the past, EPA scientists reviewed the requests for permits and determined whether a project was detrimental to the local environment waterway or wetland. In the memo, Pruitt notified EPA staff that he would now be in charge of those decisions.

Environmentalists are sensitive to these changes because they say waterways, streams and wetlands are critical to the drinking water supplies, fisheries, wildlife habitat or recreation areas.
"We're concerned about Administrator Pruitt's industry ties, and his moves to toss critical safeguards for our clean water supplies and rivers," American Rivers Amy Kober wrote in an email to Outside Adventure to Max.

In response Sierra Club's, Dalal Aboulhosn, Deputy Legislative Director for Land and Water, released the following statement, "The last person who should have decision making power over our drinking water is Scott Pruitt, who has a corrupt record of getting favors and marching orders from the same corporate polluters who want to dump their toxic pollution in our water. Pruitt’s dangerous power-grab would strip local scientists and experts of their ability to fairly judge whether or not America’s streams and waterways fall under the Clean Water Act’s protection will be disastrous."

Pruitt, who has also drawn scrutiny and calls for his resignation in recent weeks over alleged ethics violations, suspended the Waters of the U.S. rule (WOTUS) in January after the Obama-era rule was stayed by the courts with a clear plan of significantly reducing the scope of the Clean Water Act.

So far 11 states, in conjunction with Natural Resources Defense Council and National Wildlife Federation have filed a lawsuit in federal court in New York to prevent the EPA and the Army Corps of Engineers from delaying implementation of these regulations.

TROUBLED WATERS: STATES & ENVIRONMENTAL GROUPS CHALLENGE EPA OVER CLEAN WATER DELAY

The Trump administration has formally discontinued a major Obama-era clean water regulation. Last week, Environmental Protection Agency Administrator Scott Pruitt announced the suspension of the Clean Water Rule for two years, while the administration works to repeal and replace the rule with their own, industry-friendly version.

The Waters of the United States (WOTUS), the rule was designed to limit pollution in about 60 percent of the nation’s bodies of water, as put forth by the E.P.A. and the Army Corps of Engineers in 2015. It expanded the protection of headwaters, streams, and 20 million acres of wetlands including large bodies of water, such as the Chesapeake Bay, Puget Sound and the Mississippi River under the 1972 Clean Water Act. It held farmers and real estate developers accountable for runoff pollution in streams running through their property. because these tributaries can carry fertilizer discharges and other kinds of contamination from agriculture and fossil fuel extraction into the larger bodies of water.

Under fierce criticism, over 100 parties have since challenged water regulation including business groups and some Republican officials, arguing that it was an overstep of government power, prompting President Trump to take aim against the regulation, calling it “one of the worst examples of federal regulation.”
Shortly after taking office, Trump issued an executive order directing the EPA and the Department of the Army to rescind and replace it with less burdensome regulatory requirements on how farmers, ranchers, real estate developers and industry must safeguard the streams and tributaries.

Last week, Pruitt took a major step toward completing that task, by filing legal documents requiring to suspend the water regulation rule for two years. The rule was set to be implemented in the coming weeks, following a Supreme Court decision that said legal challenges to the regulation should be decided in federal district courts. That ruling will result in the lifting of a stay issued by an appeals court blocking the 2015 rule from going into effect.

“Today, E.P.A. is taking action to reduce confusion and provide certainty to America’s farmers and ranchers,” Pruitt said in a statement. “The 2015 WOTUS rule developed by the Obama administration will not be applicable for the next two years, while we work through the process of providing long-term regulatory certainty across all 50 states about what waters are subject to federal regulation.”

Republicans cheered the administration’s move saying the regulation was an infringement on property rights for farmers, ranchers.
“The Obama administration’s outrageous Waters of the United States rule would have put backyard ponds, puddles, and farm fields under Washington’s control,” said Senator John Barrasso, the Wyoming Republican who is chairman of the Senate Environment and Public Works Committee in an interview with the New York Times, “Today’s action will give Wyoming’s ranchers, farmers, small businesses, and communities clarity."

Dozens of states and environmentalists groups have rallied to fight the move. This week, attorneys general from states including New York, Mississippi, Texas and Louisiana have filed a lawsuit against the Trump administration for delaying enforcement of the EPA rule meant to protect waterways saying it wrongly applied to lands far from traditionally “navigable waters.”

"The Trump Administration’s suspension of the Clean Water Rule is clearly illegal, threatening New York’s decades-long efforts to ensure our residents have access to safe, healthy water," New York Attorney General Eric Schneiderman, who is leading the coalition, "We will fight back against this reckless rollback and the Trump administration’s continued assault on our nation’s core public health and environmental protections.”

In conjunction with the 11 states, Natural Resources Defense Council and National Wildlife Federation also filed a lawsuit in federal court in New York to prevent the EPA and the Army Corps of Engineers from delaying implementation of the regulations.

“The Clean Water Rule protects the bodies of water that feed the drinking water supply for one in three Americans,” said Jon Devine, NRDC senior attorney told The New York Times, “E.P.A. Administrator Scott Pruitt is racing the clock to deny protections for our public health and safety. It’s grossly irresponsible, and illegal."
Environmentalists predicted the rewrite will let polluters off the hook and say the delay is an obvious attempt to make it easier for corporate and agricultural interests to pollute waterways by allowing them to sidestep stiffer regulations.

“This reckless decision by the Trump Administration to suspend the implementation of the Clean Water Rule will put the drinking water for one in three Americans in danger, all so Trump and Scott Pruitt continue to pander to polluters intent on spewing their noxious waste into America’s waterways without accountability." Dalal Aboulhosn, Deputy Legislative Director for Land and Water for the Sierra Club said in a statement released by the environmental organization.

American Rivers, President Bob Irvin also critical of the White House's move says the move undercut water protections against dredging and filling will make innumerable small streams and wetlands that are essential for drinking water supplies, flood protection, and fish and wildlife habitat vulnerable to unregulated pollution.

"Healthy rivers and streams are vital to our communities and economy, and the health of millions of Americans. President Trump and EPA Administrator Pruitt want to throw away carefully crafted safeguards that were based on strong economic arguments, sound science and broad public support," stated Irvin.

EPA's Pruitt has been targeting WOTUS for years, even before he was in Washington; as Oklahoma attorney general, in 2015 where he lead a multi-state lawsuit against the rule, is expected to roll out his own version diminished of the rules this spring and finalize new rules this year.

TRUMP RAPIDS

Trump Rapids by Debbie Klenzman

We are all paddling down an uncharted course. It all started with a little rough water and around the bend, we hear the giant roar of raging rapids. We think to paddle to the safe side, but there is no safe side. We back paddle hoping and fighting to go upstream, but the current is just too strong and pulls us to the abyss. There is no turning back, we are swept over the falls, hoping for the best and hoping to survive.

That is what these last couple of weeks have seemed like to me across the United States. Almost immediately upon taking office, President Donald Trump has begun fulfilling his campaign promises of gutting, targeting its spending and planning to halt much of its work, along with trying to silence his critics on global warming and muzzling staff at the national parks. He has put the long-debated Keystone XL pipeline back on track and signed executive actions to begin cracking down on border security, including a travel ban and building a border wall with Mexico.

"I will build a great wall -- and nobody builds walls better than me," Trump said during his candidacy announcement speech in June 2015,  "Believe me --and I'll build them very inexpensively. I will build a great, great wall on our southern border, and I will make Mexico pay for that wall. Mark my words."

"We have also come because of the looming atrocity that might well occur down here under the Trump reign " wrote Alan Kesselheim in op-ed piece for Canoe & Kayak' Online, "Who knows what stupid shenanigans will take place along this fraught and contentious border country full of history, skirmish, war, culture clash, and complication that Trump thinks a wall will take care of. A big, beautiful wall, he says, that Mexico will pay for." 

Courtesy of NPS

Last December, Kesselheim and company took their red tandem canoe along a muddy stretch of the Rio Grande River downstream of Big Bend National Park,  known as the Lower Canyons in a place he calls loneliest river miles on the continent. Deep inside canyon walls climbing 1,5,000 feet, Kesselheim found what describes as haunting beauty, but at times focused on the purposed border wall.
 
"The specter of it forms the backdrop for our lovely holiday journey. It shadows all the spectacular side canyons we walk up, all the rapids we run, all the springs we drink from, sours the company of all the wildlife we see going back and forth. Hour after hour, day on day, our red canoe rides the currents of water eddying back and forth between arbitrary borders on a map. Mile after mile we marvel at the true beauty of canyon walls rising sheer out of the river – intimidating, harsh, craggy, lovely walls, courtesy of Mother Nature"

Courtesy of NPS

The length of the border with Mexico is 1,954 miles, as defined by the U.S. International Boundary and Water Commission. The land border stretches 675 miles, while the length of the border along the Colorado River and Rio Grande is 1,279 miles. Trump said construction on his highest-profile campaign promise would begin in months. On his journey down river Kesslheim, says he asked every single person from shuttle driver to ranch worker, from park employee to waitress to hotel owner what they think of the wall. And while many admitted to voting for Trump, most thought the wall was "a really stupid idea," and that it should never happen.

 "Don’t get me started on the complications involved in building this stupid barrier, or the short-sighted, myopic cluelessness of it. Minor matters like the logistics of actually constructing a 2,000-mile, impenetrable wall along a border as environmentally intimidating as ours with Mexico. Or the mind-boggling cost of such a project and the very good possibility that it won’t work anyway. Then there are the thorns of history that still fester centuries later along that border. And don’t forget the native peoples’ claims to land and culture that predates our occupation. If we really want to talk about entitlement, let’s talk to some Apache."

It seems from Alaska to Florida our public lands and waterways are in under threat. Last week, in one of a number of high-profile orders, Trump also instituted a ninety-day hiring freeze across the executive branch, a heavy blow to the U.S. Fish and Wildlife Service, the Bureau of Land Management, the National Park Service, and other chronically short-staffed agencies.

Courtesy of NPS

While this week U.S. House of Representatives introduced a resolution to dismantle the Stream Protection Rule. Members of Congress are using the Congressional Review Act to take aim at the rule, finalized by the Department of the Interior in December 2016, which safeguards streams from pollution created by mountaintop removal and surface coal mining. The House passed a resolution, 228-194 and the Senate to approved the resolution  sending it to the President’s desk.
The Republican Senate majority leader, Mitch McConnell, said the stream rule, introduced in the dying days of Barack Obama’s administration, “unfairly targets coal jobs.”
Environmentalists say surface coal mining has devastated thriving natural ecosystems and entire communities like those in Central Appalachia. The Stream Protection Rule modernized existing regulations. National Parks Conservation Association (NPCA) Senior Director of Water Policy Chad Lord says, Congress is taking a troubling step backward by dismantling this rule that protects the small businesses and families that depend on clean water. This what he said in a statement released by the NPCA.

"The Stream Protection Rule would prevent toxic pollution produced by mining operations from harming waterways. These are the same waterways that people hike by or paddle on in national parks including Big South Fork National River and Recreation Area, Bluestone National Scenic River and New River Gorge National River. Will Americans continue to want to visit these national park sites and spend millions of dollars in surrounding communities each year, if polluted waterways greet them upon arrival? Rather than blocking these important policies, Congress should work to ensure our national parks and surrounding communities have the clean waters they deserve."

So as fears and setbacks swirl in the rapids of President Donald Trump and Congress'  environmentally unfriendly rhetoric, environmentalists and naturalists are sounding the alarms from the mountains and rivers they have sworn to protect. Columnist Wes Siler wrote this in Outside Online.

"Donald Trump’s tenure in the White House. Along with the Republican Party’s reign in Congress, will be an unmitigated disaster for the environment. A witch hunt is already underway for federal employees who support the science of climate change. Protections for the 640 million acres of public land you and I own in this country are already being stripped away. Oil and gas extraction on public land is expected to be deregulated, and even coal—a heavily polluting, inefficient energy source the market has rendered obsolete—may see reinvestment."

The Sierra Club Executive Director Michael Brune also released the following statement:

“This a pathetic marketing scheme by Donald Trump, not a way to run a country. The Presidency is not like QVC - letting this polluter-packed administration pick off vitally important clean air and clean water safeguards in a fire sale will do nothing less than put lives at risk. What this means is that for every restriction on immigration or tax break for big oil companies that is put into place, Donald Trump will also be able to throw out two clean air and clean water safeguards. The safeguards that Trump wants to throw out are those that ensure we can fulfill and implement laws deeply valued by Americans, like the Clean Air and Clean Water Acts, meaning this shameless pandering is willfully ignorant of Congressional mandates. This is a dangerous, deadly plan to undermine the laws that protect our environment, our workplaces, and our families and Trump should expect fierce resistance.”

Courtesy of NPS

And back on the Rio Grande, Kesslheim looked out over the bends of the quiet river pondering its future and ours.  

"And that’s where we stand today, in the process of confronting just that sort of exclusionary nationalism, symbolized oh so clearly by the ludicrous, impossible, and all too real 2,000-mile wall no one thinks will actually get built but which also empowered Donald Trump’s election. The longer we are in the grasp of that relentless downhill momentum, under the blue dome of winter sky, in the cool shade of looming cliff, in the company of life that never entertains nationalist seduction, the less I feel a part of the recent American enterprise, this vote that just took place, these sentiments shouted in angry arenas. In some fundamental way, I truly can’t fathom that it happened."