The Rundown
- A federal wildfire agency’s four-month outlook shows high wildfire risk in dry and drought-stricken regions of the Southeast and Southwest.
- U.S. Supreme Court rules in favor of Michigan in a Line 5 case, allowing a lawsuit to shut down the oil pipeline to be heard in state court.
- GAO reviews wetland mitigation efforts overseen by the Army Corps.
- A federal health agency reviews health risks from PFAS exposure in drinking water in Chincoteague, Virginia.
And lastly, the White House approves a cross-border pipeline from Canada into Montana to carry crude oil and petroleum products.
News Briefs
Line 5 Oil Pipeline Ruling
In a unanimous decision, the U.S. Supreme Court determined that the Michigan attorney general’s 2019 lawsuit to halt the operation of the Line 5 oil pipeline through an environmentally risky area should be heard in state court.
Enbridge, the pipeline owner, wanted to move the lawsuit to federal court. But the high court ruled that the company waited too long to file its request – 887 days – thus missing the 30-day deadline.
Line 5, a 645-mile pipeline, crosses the Straits of Mackinac, a waterway that separates Lake Michigan and Lake Huron. Because of the waterway’s currents, public-interest groups say it would be a terrible place for an oil spill. That is why Michigan officials are seeking to shut down Line 5 through the straits.
In context: Supreme Court Rules for Public Interest in Line 5 Case
Studies and Reports
Wildfire Outlook
The National Interagency Fire Center released its monthly assessment of U.S. wildfire risk.
It should be no surprise that the driest parts of the country right now – the Southeast, which is already seeing significant fires in Georgia and Florida, and the West – are fire-risk hotspots in the next four months.
The risk profile changes with seasonal weather patterns, though. Risk in the Atlantic coastal region peaks in May, then moves into Florida and the Gulf Coast by July and August.
Out west, Arizona, New Mexico and the broader Four Corners region are high-risk through June, when monsoon rains dampen the ground.
Wildfire potential moves into the Pacific Northwest by July, when that region dries out.
PFAS Health Assessment in Virginia
A federal health agency released a report on exposure to PFAS in the drinking water for residents on Virginia’s Chincoteague Island.
Chincoteague gets its water from wells. The source of the chemicals in the well water is firefighting foams used at NASA’s Wallops Flight Facility.
In the Agency for Toxic Substances and Disease Registry’s report two dates stand out: 2017, when NASA began testing well water for PFAS and Chincoteague stopped using the contaminated wells, and 2021 when NASA installed a treatment system for Chincoteague’s water.
There is limited data for health conclusions, ATSDR found. There is some health risk for Chincoteague residents from drinking water exposure before 2017, especially for vulnerable groups like infants and those with weak immune systems.
As for cancer risk, it’s hard to say with the available data.
“With the uncertainty in the duration and dose of the exposure, ATSDR cannot evaluate whether the PFOA levels in finished [Chincoteague] drinking water were high enough for long enough to increase residents’ cancer risk.”
Wetland Damage Here, Repair There
The Government Accountability Office reviewed the Army Corps’ oversight of “compensatory mitigation,” a program that allows developers to damage or destroy a stream or wetland if restoration work takes place elsewhere in the same watershed to offset it. An attempt, in other words, to balance the ecological ledger.
The GAO last assessed the compensatory mitigation program in 2005. For this review, the watchdog looked at a small slice of data – from just three of the Army Corps’ 38 districts, those being Jacksonville, Fla.; Omaha, Neb.; and St. Paul, Minn.
The GAO found a stronger oversight program, but more opportunities for improvement.
In general, the three districts received more monitoring reports and conducted more compliance inspections than previously.
To align standards across districts, the GAO recommends national guidance for long-term performance evaluation and ensuring sufficient funds to manage the compensatory sites long-term.
On the Radar
EPA Financial Assessment for Water Utilities
The EPA is holding a public meeting on May 7 to take comment on how it should consider utility and community finances when requiring infrastructure upgrades to meet clean water standards.
The online meeting will be 1:00 p.m. to 2:30 p.m. Eastern. Register at the above link.
Federal Water Tap is a weekly digest spotting trends in U.S. government water policy. To get more water news, follow Circle of Blue on Twitter and sign up for our newsletter.
