Morganza to the Gulf: Legislative History and Political Dynamics
|
|
- Jonah Nichols
- 6 years ago
- Views:
Transcription
1 Morganza to the Gulf: Legislative History and Political Dynamics Dylan Wade Coastal Sustainability Studio Summary This compilation of information traces the legislative history of Morganza to the Gulf, an $886 million levee project that has been authorized for construction south of Houma, Louisiana. Although the project has been authorized, no funds have been appropriated for it by Congress. A primary reason for the stall has been a brewing conflict between fiscal conservatives, the Army Corps along with other private construction firms, and environmental groups. Additionally, the price tag for the project has grown more than tenfold, as the post-katrina levee standards promulgated by the Army Corps are much more expensive. While groups such as the Morganza Action Committee extol the benefits of this massive levee project, in that it protects vital community and commercial infrastructure, other groups such as the Coalition to Restoral Coastal Louisiana say that this levee project will destroy more of the fragile wetlands and ultimately increase the threat of storm surge to nearby unprotected areas. One of the most controversial aspects of the levee project is that many small communities, such as Cocodrie, are left out of the protection scheme, which was determined using a cost-benefit analysis. Legislative History: In 2007, the Congress of the United States passed a $23 billion Water Resources Development Act (WRDA) which authorized the Morganza to the Gulf of Mexico, Louisiana water resource project, along with 46 other large-scale projects, and numerous smaller works projects across the country. 1 The authorization statute simply states: The project for hurricane 1 H.R. 1495, 110th Cong. (2007). 1
2 and storm damage reduction, Morganza to the Gulf of Mexico, Louisiana: Reports of the Chief of Engineers dated August 23, 2002, and July 22, 2003, at a total cost of $886,700,000, with an estimated Federal cost of $576,355,000 and an estimated non-federal cost of $310,345,000. In these reports to which the statute refers, the Army Corps of Engineers Chief Engineer recommended 72 miles of levee at elevations between to +9.0 feet National Geodetic Vertical Datum (NGVD), a 200-foot-wide and 1,200-foot-long lock structure on the Houma Navigational Canal (HNC), as well as numerous floodgates, discharge pipes for existing pump stations, and concrete box culverts through the levee. 2 The initial cost of the project, in the reports, was estimated at $680,000,000, with a federal/state cost share at 65/35 and a net costbenefit ratio of 1/ These reports derive figures from the Feasibility Study of March In April 1992, Congress authorized the Morganza, Louisiana to the Gulf of Mexico Reconnaissance Study, and following its completion in 1994, Congress then authorized the Morganza, Louisiana to the Gulf of Mexico Feasibility Study by the Energy and Water Development Appropriations Act of While the Feasibility Study was completed in 2002, Congress did not authorize the project until the WRDA of Interestingly, President George W. Bush issued the first veto of his presidency against this bill, which was subsequently overridden by Congress. 6 Commenting on the bill, President Bush stated that American taxpayers should not be asked to support a pork- 2 Letter from Robert B. Flowers, Lieutenant General, U.S. Army, Chief of Engineers, to Congress (Aug. 23, 2002)(on file with author); Letter from Robert B. Flowers, Lieutenant General U.S. Army, Chief of Engineers, to the Secretary of the Army (Jul. 22, 2003)(on file with author). 3 The cost benefit analysis, which federal agencies must use according to Exec. Order No. 12,866, 58 Fed. Reg. 190 (Sept. 30, 1993), often underestimates the net benefits, because while costs (such as labor and materials) are more easily quantified, long term benefits (environmental health) are much more difficult to assess with any accuracy. 4 U.S. Army Corps of Engineers, Morganza to the Gulf of Mexico Hurricane Protection Feasibility Report (2002), 5 H.R. 1905, 104th Cong. (1995). 6 Congress Overrides Bush Veto of Water Resource Development Act, Environmental News Service, Nov. 8, 2007 available at newswire.com/ens/nov2007/ html. 2
3 barrel system of Federal authorization and funding where a project's merit is an afterthought. This particular political conflict demonstrates the influence of the Iron Triangle on the United State s legislature. The Iron Triangle is a term used by political scientists to describe the relationship between Congress, a bureaucracy, and an interest group 7 in this case, between Congress, the Army Corps of Engineers (USACE), and the various business interests of the region (construction firms, real estate developers, shipping industry, oil and gas industry). This particular Iron Triangle has been cited as the driving power behind the constantly developing levee projects in southeastern Louisiana. 8 In such a triangle, Congress authorizes and funds projects for the Army Corps of Engineers, who then contracts out the work to local construction firms and gives permits to other industries, and then these special interest groups provide electoral support for Congress. The overwhelming passage of the WRDA of 2007 indicates that there is a strong political base for water resource development projects such as MtoG. Yet, the funds for the project have not yet been appropriated. Moreover, the Reports of the Chief Engineer (containing the specifications for MtoG which Congress authorized) indicate that the levee is to be built at a scale to withstand a 100-year storm. After Hurricane Katrina and Rita, the Army Corps of Engineers came to the conclusion that levees which were previously thought to provide 100-year protection, actually only provide 25-year protection. To build levees which can withstand a 100- year storm requires more than a 60% increase in elevations and a 300% increase in base width. 9 Thus, the costs of building a 72-mile levee with 100-year protection, as was authorized, will be far greater than the cost authorized in the WRDA of The increased width of the levee base Oliver Houck, Can We Save New Orleans?, 19 TUL. ENVTL. L.J (2006). 9 Power Point presentation from Carl Anderson, Senior Project Manager for Morganza to the Gulf, to the Coastal Protection and Restoration Authority (Jan. 14, 2009), available at 3
4 will require that more land be appropriated, the increased weight will make levees sink faster which will have to be compensated by additions of clay over the 50 year life-time, additional sand will have to be shipped from long distances for base material, and clay will also have to be shipped because the local clay deposits do not meet the revised standards. 10 It has been leaked that one private firm which was contracted by USACE to come up with a cost estimate for MtoG found the price to be between $10.7 and $11.2 billion. 11 Under the Water Resource Development Act of 1986, any water resource development project which costs more than 20% of the authorized figure must be reauthorized. The statute states: In order to insure against cost overruns, each total cost set forth in this Act, or an amendment made by this Act, for a project shall be the maximum cost of that project, except that such maximum amount -- (1) may be increased by the Secretary for modifications which do not materially alter the scope or functions of the project as authorized, but not by more than 20 percent of the total cost stated for the project in this Act or in an amendment made by this Act; and (2) shall be automatically increased for -- (A) changes in construction costs applied to unconstructed features (including real property acquisitions, preconstruction studies, planning, engineering, and design) from the date of enactment of this Act (unless otherwise specified) as indicated by engineering and other appropriate cost indexes; and(b) additional studies, modifications, and actions (including mitigation and other environmental actions) authorized by this Act or required by changes in Federal law. 12 Thus, the political conflict which was displayed in the passage of the WRDA of 2007 will be repeated as different groups push for reauthorization of MtoG. 10 Mark Schleifstein, Flood Project s Cost Estimate Explodes, The Times Picayune, June 16, 2008, available at 11 Id. 12 H.R. 6, 99th Cong. (1967). 4
5 Political Dynamics: Some of the special interest groups currently advocating for MtoG are the Morganza Action Coalition and the United States Chamber of Commerce. 13 The Morganza Action Coalition (MAC) has engaged in a nation-wide campaign to rally public support for MtoG. This coalition was organized in 2006 by Terrebonne Parish residents and business owners. They have published editorials in newspapers and national magazines, 14 issued multiple press releases on their position, and have sent delegations to the United States Congress. 15 In 2007, the president of MAC, Daniel J. Walker, sent a letter to Governor Jindal urging him to use his executive authority to fund and expedite the MtoG project. 16 In this letter, MAC details several points in favor of building the levee project. First, the letter details the economic strengths of the Terrebonne-Lafourche hub that the regions provides 30% of the nation s (domestic I presume) oil and gas supply and hosts the nation s largest energy port (Port Fourchon), that Houma is one of the fastest growing regions of the State with the highest job-growth percentage (3.5%) and lowest unemployment rate (2%), that more than 9,300 miles of pipelines are protected by the wetlands, that Louisiana s wetlands provide 35% of the nation s seafood, and they provide a habitat for migratory birds. Second, the letter raises the point that, without any hurricane protection, any future direct hit will likely annihilate the Terrebonne and Lafourche Parish 13 Press Release, U.S. Chamber of Commerce, U.S. Chamber Calls on Congress to Pass Water Resources Development Act in 2010 (May 6, 2010) available at calls congress pass water resources development act The U.S. Chamber of Commerce also advocates for increased funding and directorial power for the USACE. Policy Statement, U.S. Chamber of Commerce, U.S. Chamber of Commerce Policy Statement on Marine Transportation available at 7aqddtb5tq77hvy5b6flnvtcwff5h/USCCMTSPolicyBooklet.pdf. 14 Dan Walker, Op Ed., Call Bush, Tell Him to Approve Our Levees, The Courier, Sept. 30, 2007; Daniel Walker, Letter to the Editor, TIME Magazine, Aug. 1, available at 15 Press Release, Morganza Action Coalition, Local Delegation Travels to Washington D.C. for Morganza Project (Sept. 27, 2007) available at 16 Letter from Daniel Walker, President, Morganza Action Coalition, to Governor elect Bobby Jindal (Dec. 20,2007), available at 5
6 region, potentially killing thousands of people, destroying homes and business along the way, and crippling the oil and gas infrastructure here so severely that gas prices will skyrocket beyond currently shocking levels referring to Hurricane Rita as a baseline, which landed 200 miles away yet inundated 10,000 homes and business resulting in $75 million in damage. Third, the letter extols the environmental benefits of the MtoG project, as a leaky levee that will allow water to flow between the interior and exterior marshes, which would improve the existing hydrology and maximize ecosystem sustainability for already starved and disintegrating wetlands. 17 The letter then presses Governor Jindal to request that the USACE proceed with building the Houma Navigation Canal (HNC) lock, and request that the project s federal funding be turned over to local sponsors to design and build the project (referring to the activity of Terrebonne Parish Levee District which had already begun construction of the J-1 reach of MtoG) with the USACE oversight. 18 Interestingly, the previous president of MAC and former executive director of the Terrebonne Parish Levee District, Phillip Zerengue, has recently been hired by the Coastal Protection and Restoration Authority (CPRA) which is in charge of developing a master plan for Louisiana s coastal protection and restoration efforts. Further support for MtoG from the Terrebonne community can be inferred from the scoping document, where members of the public were give an opportunity to provide comments on the Environmental Impact Statement prepared by the USACE for MtoG as required by the 17 The veracity of this claim is highly debatable. In the Technical Review Panel s assessment of the Environmental Impact Study conducted by the USACE, the panel criticizes the MtoG plan as focused entirely on hurricane protection instead of coastal restoration. Report from the Morganza to the Gulf Techinical Panel Review, Final Report, to the Coastal Protection and Restoration Authority (Dec. 5, 2008) available at The critique makes sense, considering it is difficult to imagine how it would improve the hydrology of an already starved wetlands by building a levee that blocks hydrological flow, even if flood gates are situation so as to allow some of the current hydrological paths to remain in place. 18 This request doesn t make sense, because no funding has been appropriated for the project. 6
7 National Environmental Policy Act (NEPA). 19 These comments were entirely supportive of the MtoG project and also disclosed an additional reason for that support part of the design for building a lock on the Houma Navigation Canal (supposedly to block storm surge and prevent saltwater intrusion) is to deepen and widen the channel. Several leaders in the oil rig construction business commented that they supported the building of this lock because the additional width and depth would allow larger vessels to travel between Houma and Gulf if such vessels are then able to move inland to Houma, then it will be possible to construct larger parts of oil rigs in Houma itself and then ship them into the Gulf. Several other groups, however, have opposed the MtoG project due to both fiscal and environmental concerns. We have already seen the power of fiscal conservatives in American politics, as President Bush vetoed the 2007 WRDA because he considered it to be a pork-barrel project. The Heritage Foundation, a conservative think-tank, has also expressed such criticism. 20 A coalition of other organizations, called the Coalition to Restore Coastal Louisiana (CRCL), have released a document which details extensive criticisms of the MtoG for both environmental and fiscal reasons, and they offer recommendations for an alternative strategy called multiple lines of defense. 21 The document recommends a very different strategy from a massive levee wall, involving a 400-year levee protection system much closer to Houma, with ring levees around Dulac and 19 United States Army Corps of Engineers, Mississippi River & Tributaries Morganza, Louisiana to the Gulf of Mexico Hurricane Protection: Houma Navigational Canal (HNC) Lock Complex and Associated Structures, Environmental Impact Statement Scoping Document (May 12, 2006)(on file with author). 20 Press Release, Ronald D. Utt, The Heritage Foundation, The Water Resources Development Act of 2007: A Pork Fest for Wealthy Beach Front Property Owners (May 15, 2007) available at water resources development act of 2007 a pork festfor wealthy beach front property owners 21 Report from the Coalition to Restore Coastal Louisiana, Comprehensive Recommendations Supporting the Use of Multiple Lines of Defense Strategy to Sustain Coastal Louisiana (2008), available at 08.pdf 7
8 Theriot, and freshwater diversions to feed planted cypress trees. 22 The report also details 16 points criticizing the building of MtoG at post-katrina 100-year protection standards. To summarize, the major points are: the levee alignment is too close to the open gulf and would thereby be threatened by surge and wave energy (in other words, if a big storm hits it will just get washed away), maintenance costs will be increased because it is to be built in area with poor soil and high subsidence, the project encourages risky development within its protection, the levee would create a funnel geometry which will amplify storm surge for the Laroze-Golden Meadow levee, post-katrina 100-year protection will require 3 times as much construction material as pre-katrina 100-year protection, and the levee alignment includes low density 22 8
9 development with reduced economic benefits. On August 13 th, 2009, CRCL filed objections to the USACE granting of Morganza-related permits. 23 One environmental group has also begun to take legal action to prevent the construction of MtoG. Save Our Wetlands, Inc (SOWL) has been a vocal opponent to MtoG, and in April 2008 the Tulane Law Clinic filed a complaint against the Terrebonne Levee and Conservation District on their behalf for the dredging associated with the construction of the J-1 reach of MtoG. 24 Terrebonne parish passed a one cent sales tax to raise funds for this levee construction, and the J-1 reach has now been completed. The complaint alleges that the Levee District began construction work without obtaining a permit from the USACE, as required by section 404 of the Clean Water Act, for which they may be liable for $32,500 in damages per day of construction (totaled at $24 million). 25 Interestingly, several state lawmakers have asked Governor Jindal to intervene in the case on the Levee District s behalf. 26 The Levee District contends that the obligation to acquire a permit before construction was unnecessary because the project was authorized by Congress and an Environmental Impact Assessment has been completed (which is currently undergoing review). Besides fiscal and environmental concerns, one of the most problematic aspects of the MtoG project is that several communities are being left out of the protection scheme. According to the Environmental Impact Study, The main decision factor affecting inclusion or exclusion in a hurricane protection system was the cost verses the benefits. Existing floodgates and levees 23 Press Release, Morganza Action Coalition, Residents Call on Outside Environmental Groups to Stop Delaying Construction of Levee System (Aug. 21, 2009), available at 24 Save Our Wetlands v. Terrebonne Levee & Conservation District, No (E.D. La. Filed Apr. 29, 2008). This suit has now been settled, where the Terrebonne Levee & Conservation District has agreed to meet the exact specifications for construction of the levee as set forth in the Morganza to the Gulf Environmental Impact Assessment. Save Our Wetlands v. Terrebonne Levee & Conservation District, No (E.D. La. 2009) U.S.C. 1365(a)(1). 26 Nikki Buskey, Lawmakers Ask State for Help with Morganza Lawsuit, Houma Today (May 8, 2008), available at 9
10 that could form parts of a complete system were used as starting points. There were areas where the costs would obviously be so great compared to the benefits that they were not included in the array of possible alternatives. An example is the Cocodrie area. 27 According to this statement, a cost-benefit analysis was used to determine which areas would be included into the protection scheme. The cost-benefit analysis is very problematic when applied to human conditions, because it is extremely difficult to quantify the value of a community, and even if a purely economic approach is taken, it is far easier to quantify the costs of building the system than it is to quantify the long-term benefits which may accrue. One marina owner in Point Aux Chene has been left out of the levee protection scheme, even though he has a growing charter business 28 this is just one example of the difficulties of using a cost-benefit analysis where it is difficult to assess what kinds of value may accrue over time, such as prospering businesses in the most seemingly unlikely places. The current MtoG levee alignment includes the Point Aux Chene region, which is curious considering the very sparse development that is in that particular reach. Part of the reason why protection would be extended here may be because of the recent focus which has been placed on the value of cultural heritage by the state s Master Plan within the cost-benefit analysis. The Point Aux Chene region is home to a group of Native Americans which are recognized by the state of Louisiana, but not by the federal government. 29 A second explanation may involve legal and political issues that could arise if the levee construction displaces Indian burial grounds, which are protected by the National Historic Preservation Act of 1966, the Native American 27 Final Programmatic Environmental Impact Statement, United States Army Corps of Engineers, Mississippi River & Tributaries Morganza, Louisiana to the Gulf of Mexico Hurricane Protection, 37 (2002) available at 28 Nikki Bruskey, Marina Won t Be Protected by Morganza Levee System, Houma Today (Mar. 7, 2010), available at
11 Graves Protection and Repatriation Act of 1990, and the Archeological Resources Protection Act of
Houma Navigation Canal Deepening Study WRDA 1986, Section 203. Louisiana Transportation Conference March 1, 2016
Houma Navigation Canal Deepening Study WRDA 1986, Section 203 Louisiana Transportation Conference March 1, 2016 Houma Navigation Canal (HNC) Deepening Study Louisiana Transportation Conference Agenda History
More informationCase 2:08-cv MLCF-JCW Document 40 Filed 02/12/2009 Page 1 of 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA
Case 2:08-cv-02159-MLCF-JCW Document 40 Filed 02/12/2009 Page 1 of 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SAVE OUR WETLANDS * * Plaintiff, * Case No.: 08-2159 * v. * Sect. F Judge:
More informationLA's TOP COASTAL ACCOMPLISHMENTS Since Hurricanes Katrina and Rita
LA's TOP COASTAL ACCOMPLISHMENTS Since Hurricanes Katrina and Rita 1. Formation of Coastal Protection and Restoration Authority (CPRA) Act 8 of the 2005 1 st. Ext. Session (SB 71 by Senator Reggie Dupre)
More informationArmy Corps of Engineers: Water Resource Authorization and Project Delivery Processes
Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes Nicole T. Carter Specialist in Natural Resources Policy April 30, 2018 Congressional Research Service 7-5700 www.crs.gov
More information5th Circuit Reverses Itself on Hurricane Katrina Liability Lawsuit
5th Circuit Reverses Itself on Hurricane Katrina Liability Lawsuit Willis Hon* INTRODUCTION The Fifth Circuit Court of Appeals recently reversed an earlier ruling by holding that the Army Corp of Engineers
More information33 USC 652. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 13 - MISSISSIPPI RIVER COMMISSION 652. Upper Mississippi River Management (a) Short title; Congressional declaration of intent (1) This section may be
More informationBACKGROUNDER. For the first time since 2007, the U.S. House of Representatives
BACKGROUNDER No. 2835 House Water Resources Development Act: Ditch Senate Bill Blunders, Reform the Army Corps Emily Goff Abstract House lawmakers will soon introduce their version of the Water Resources
More informationArmy Corps of Engineers: Water Resource Authorizations, Appropriations, and Activities
Army Corps of Engineers: Water Resource Authorizations, Appropriations, and Activities Nicole T. Carter Specialist in Natural Resources Policy Charles V. Stern Specialist in Natural Resources Policy February
More informationArmy Corps of Engineers: Water Resource Authorizations, Appropriations, and Activities
Army Corps of Engineers: Water Resource Authorizations, Appropriations, and Activities Nicole T. Carter Specialist in Natural Resources Policy Charles V. Stern Specialist in Natural Resources Policy July
More informationArmy Corps of Engineers: Water Resource Authorization and Project Delivery Processes
Army Corps of Engineers: Water Resource Authorization and Project Delivery Processes Nicole T. Carter Specialist in Natural Resources Policy June 1, 2018 Congressional Research Service 7-5700 www.crs.gov
More informationArmy Corps of Engineers Water Resources Projects: Authorization and Appropriations
Order Code RL32064 Army Corps of Engineers Water Resources Projects: Authorization and Appropriations Updated May 29, 2007 Nicole T. Carter Analyst in Environmental Policy Resources, Science, and Industry
More informationCRS Report for Congress
Order Code RL32064 CRS Report for Congress Received through the CRS Web Army Corps of Engineers Water Resources Activities: Authorization and Appropriations Updated February 4, 2005 Nicole T. Carter Analyst
More informationARTICLE I - DEFINITIONS AND GENERAL PROVISIONS
COOPERATION AGREEMENT BETWEEN THE UNITED STATES OF AMERICA, THE SEWERAGE AND WATER BOARD OF NEW ORLEANS, AND THE SOUTHEAST LOUISIANA FLOOD PROTECTION AUTHORITY-EAST ON BEHALF OF ORLEANS LEVEE DISTRICT
More informationJefferson EDGE Status Report 4: 3: 2: July October Prepared by JEDCO and GCR & Associates, Inc.
Jefferson EDGE 2020 CRIME PUBLIC BEAUTIFICATION FAT FLOOD HOSPITALS INSURANCE CITY PROTECTION ABATEMENT EDUCATION REDEVELOPMENT & HEALTH CARE Status Report 4: 3: 2: July October 2011 2010 JEDCO and GCR
More informationArmy Corps of Engineers: Water Resource Authorizations, Appropriations, and Activities
Army Corps of Engineers: Water Resource Authorizations, Appropriations, and Activities Nicole T. Carter Specialist in Natural Resources Policy Charles V. Stern Specialist in Natural Resources Policy February
More informationWater Resources Reform and Development Act of 2014: Comparison of Select Provisions
Water Resources Reform and Development Act of 2014: Comparison of Select Provisions Nicole T. Carter Specialist in Natural Resources Policy Charles V. Stern Specialist in Natural Resources Policy John
More informationBE IT HEREBY RESOLVED,
On the motion of Mr. Barry, Seconded by Mr. Goins, the following resolution was offered: Authority-East hereby approves the minutes of the Board Meeting held on December 18,2008. YEAS: Mr. Barnes, Mr.
More information2015 Coastal Restoration Issues & Gubernatorial Campaign Topics Poll
2015 Coastal Restoration Issues & Gubernatorial Campaign Topics Poll PREPARED FOR THE RESTORE THE MISSISSIPPI RIVER DELTA COALITION SUMMARY OF FINDINGS A poll of likely voters in Louisiana was conducted
More informationSTATUS OF COASTAL LAWSUITS AGAINST THE OIL AND GAS INDUSTRY IN LOUISIANA. By Victor L. Marcello, Talbot, Carmouche & Marcello, Baton Rouge, Louisiana
STATUS OF COASTAL LAWSUITS AGAINST THE OIL AND GAS INDUSTRY IN LOUISIANA By Victor L. Marcello, Talbot, Carmouche & Marcello, Baton Rouge, Louisiana I. INTRODUCTION Louisiana is in the midst of a land
More informationCoastal Employment before the 2010 Deepwater Horizon Oil Disaster Employment Maps and Data from 2008
Coastal Employment before the 2010 Deepwater Horizon Oil Disaster Employment Maps and Data from 2008 Allison Plyer, Greater New Orleans Community Data Center Richard Campanella, Tulane University-Center
More informationThe Use of the CZMA Consistency Provisions to Preserve and Restore the Coastal Zone in Louisiana
Louisiana Law Review Volume 51 Number 5 May 1991 The Use of the CZMA Consistency Provisions to Preserve and Restore the Coastal Zone in Louisiana J. Christopher Martin Repository Citation J. Christopher
More informationNOW, THEREFORE, the Government, DOTD, and WJLD agree to amend the 1990 Agreement and 1999 Amendment as follows: ARTICLE I.
AMENDMENT NUMBER 2 OF THE LOCAL COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE WEST JEFFERSON LEVEE DISTRICT FOR CONSTRUCTION OF THE ACCELERATED COMPLETION OF CONSTRUCTION OF THE WEST
More informationNEW ORLEANS, LA, DISTRICT
NEW ORLEANS, LA, DISTRICT This district comprises a portion of Louisiana that is embraced in drainage basins that are tributary to the Mississippi River and Gulf of Mexico, except the Mississippi River
More information2014 CONSTITUTIONAL AMENDMENTS
RECOMMENDATIONS ON THE Proposed Amendment No. 1 (Act 439) Do you support an amendment to authorize the legislature to create the Louisiana Medical Assistance Trust Fund, for the payment of Medicaid reimbursement
More informationArmy Corps of Engineers Annual and Supplemental Appropriations: Issues for Congress
Army Corps of Engineers Annual and Supplemental Appropriations: Issues for Congress Nicole T. Carter Specialist in Natural Resources Policy Updated October 1, 2018 Congressional Research Service 7-5700
More informationOFFICIAL PROCEEDING OF SOUTH LAFOURCHE LEVEE DISTRICT JULY 10, 2017
OFFICIAL PROCEEDING OF SOUTH LAFOURCHE LEVEE DISTRICT JULY 10, 2017 The Board of Commissioners of the South Lafourche Levee District met in a regular session at its regular meeting place, 17904 Highway
More informationTHE GULF INTRACOASTAL WATERWAY IN TEXAS
THE GULF INTRACOASTAL WATERWAY IN TEXAS PRESENTED IN RESPONSE TO THE TRANSPORTATION CODE, CHAPTER 51 AND SUBMITTED TO THE SEVENTY-EIGHTH SESSION OF THE TEXAS LEGISLATURE PREPARED BY TRANSPORTATION PLANNING
More informationNEW ORLEANS, LA, DISTRICT
NEW ORLEANS, LA, DISTRICT This district comprises a portion of Louisiana that is embraced in drainage basins that are tributary to the Mississippi River and Gulf of Mexico, except the Mississippi River
More informationDeepwater Horizons (BP) Oil Spill April 20, 2010
Part I: Deepwater Horizons (BP) Oil Spill April 20, 2010 Watch the video Impact of the Deepwater Horizon Spill and answer the following three questions. http://tinyurl.com/zbc9azf 1. Which state is smaller
More informationTHE AMERICAN LAW INSTITUTE Continuing Legal Education Environmental Law 2017
1 THE AMERICAN LAW INSTITUTE Continuing Legal Education Environmental Law 2017 Cosponsored by the Environmental Law Institute February 9-10, 2017 Washington, D.C. Executive Orders on the Keystone and Dakota
More informationIn the United States Court of Federal Claims
In the United States Court of Federal Claims No. 00-115L NOT FOR PUBLICATION (Filed August 14, 2006) DAUPHIN ISLAND PROPERTY OWNERS ASSOCIATION, INC. a non-profit corporation; and JAMES W. HARTMAN, Plaintiffs,
More informationOFFICIAL PROCEEDING OF SOUTH LAFOURCHE LEVEE DISTRICT January 13, 2014
OFFICIAL PROCEEDING OF SOUTH LAFOURCHE LEVEE DISTRICT January 13, 2014 The Board of Commissioners of the South Lafourche Levee District met in a regular session at its regular meeting place, 17904 Highway
More informationThe Army Corps of Engineers: Reallocating Its Spending to Offset Reconstruction Costs in New Orleans
The Army Corps of Engineers: Reallocating Its Spending to Offset Reconstruction Costs in New Orleans Ronald D. Utt, Ph.D. In the aftermath of Hurricane Katrina, the public s attention focused first on
More informationMEMORANDUM OF UNDERSTANDING Between THE UNITED STATES OF AMERICA And THE STATE OF LOUISIANA
MEMORANDUM OF UNDERSTANDING Between THE UNITED STATES OF AMERICA And THE STATE OF LOUISIANA Framework for Establishing Discipline and Accountability in the Environmental Review and Authorization Process
More informationCoastal Wetlands Planning, Protection & Restoration Act Public Law , Title III (abbreviated summary of the Act, not part of the Act)
Coastal Wetlands Planning, Protection & Restoration Act Public Law 101-646, Title III (abbreviated summary of the Act, not part of the Act) SECTION 303, Priority Louisiana Coastal Wetlands Restoration
More informationArmy Corps Fiscal Challenges: Frequently Asked Questions
Army Corps Fiscal Challenges: Frequently Asked Questions Nicole T. Carter Specialist in Natural Resources Policy Charles V. Stern Analyst in Natural Resources Policy December 15, 2011 CRS Report for Congress
More information"Vanishing Beaches: Coastal Erosion and its Impact on Coastal Communities"
"Vanishing Beaches: Coastal Erosion and its Impact on Coastal Communities" Written Testimony of The Honorable Harry Simmons Mayor of Caswell Beach, North Carolina and President, American Shore and Beach
More informationH.R. 4818, CONSOLIDATED APPROPRIATIONS ACT, (House of Representatives - November 19, 2004)
H.R. 4818, CONSOLIDATED APPROPRIATIONS ACT, 2005 -- (House of Representatives - ) DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005 TITLE I--DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE
More informationISSUE BRIEF. WRDA: The Water Resources Development Act in the 114th Congress. Michael Sargent
ISSUE BRIEF No. 4608 WRDA: The Water Resources Development Act in the 114th Congress Michael Sargent The federal government undertakes substantial activities constructing and maintaining national water
More informationThe Regulatory Reach of BCDC s Bay Plan
The Regulatory Reach of BCDC s Bay Plan Summary The Bay Plan is not confined to advisory status regarding projects and activates outside BCDC s formal jurisdiction. To the contrary, the Bay Plan has the
More information302 CMR: DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
302 CMR 3.00: SCENIC AND RECREATIONAL RIVERS ORDERS Section 3.01: Authority 3.02: Definitions 3.03: Advisory Committees 3.04: Classification of Rivers and Streams 3.05: Preliminary Informational Meetings
More informationCongressional Roll Call Votes on the Keystone XL Pipeline
Congressional Roll s on the Keystone XL Pipeline Lynn J. Cunningham Information Research Specialist Beth Cook Information Research Specialist January 22, 2015 Congressional Research Service 7-5700 www.crs.gov
More informationCHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 1672
CHAPTER 99-143 Committee Substitute for Committee Substitute for Senate Bill No. 1672 An act relating to water resources; creating s. 373.1501, F.S.; providing definitions; providing legislative findings
More informationPublic Law th Congress An Act
PUBLIC LAW 113 121 JUNE 10, 2014 128 STAT. 1193 Public Law 113 121 113th Congress An Act To provide for improvements to the rivers and harbors of the United States, to provide for the conservation and
More informationAPPENDIX I CULTURAL RESOURCES PROGRAMMATIC AGREEMENT
APPENDIX I CULTURAL RESOURCES PROGRAMMATIC AGREEMENT REVISED DRAFT PROGRAMMATIC AGREEMENT AMONG THE U. S. ARMY CORPS OF ENGINEERS, NEW YORK DISTRICT AND THE NEW JERSEY STATE HISTORIC PRESERVATION OFFICE
More informationAPPENDIX M Draft Cultural Programmatic Agreement
APPENDIX M Draft Cultural Programmatic Agreement DRAFT PROGRAMMATIC AGREEMENT AMONG THE U. S. ARMY CORPS OF ENGINEERS, NEW YORK DISTRICT AND THE NEW JERSEY STATE HISTORIC PRESERVATION OFFICE AND THE ADVISORY
More informationArkansas Waterways Commission
EXHIBIT M Arkansas Waterways Commission Legislative Summary Arkansas Waterways Commission 101 E. Capitol, Ste. 370 Little Rock, Arkansas 72201 (501) 682-1173 www.waterways.arkansas.gov AGENCY OVERVIEW
More informationCoastal Zone Management Act of 1972
PORTIONS, AS AMENDED This Act became law on October 27, 1972 (Public Law 92-583, 16 U.S.C. 1451-1456) and has been amended eight times. This description of the Act, as amended, tracks the language of the
More informationCITY OF REVERE WETLANDS BY-LAW
CITY OF REVERE WETLANDS BY-LAW SECTION l: APPLICATION The purpose of this by-law is to protect the wetlands of the City of Revere by controlling activities deemed to have a significant effect upon wetland
More informationCoastal Restoration Under CWPPRA and Property Rights Issues
Louisiana Law Review Volume 57 Number 4 Summer 1997 Coastal Restoration Under CWPPRA and Property Rights Issues Marc C. Hebert Repository Citation Marc C. Hebert, Coastal Restoration Under CWPPRA and Property
More informationCRS Report for Congress
Order Code RS22239 Updated August 22, 2006 CRS Report for Congress Received through the CRS Web Emergency Supplemental Appropriations for Hurricane Katrina Relief Keith Bea Specialist in American National
More informationHURRICANE KATRINA AND ITS IMPACT ON LATIN AMERICA
Issue No. 231 - November 2005 HURRICANE KATRINA AND ITS IMPACT ON LATIN AMERICA This issue of the FAL Bulletin contains the report prepared jointly in September 2005 by three ECLAC divisions (the Division
More informationCOMMENTS OF THE ASSOCIATION OF STATE WETLAND MANAGERS TO THE
COMMENTS OF THE ASSOCIATION OF STATE WETLAND MANAGERS TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND THE U.S. ARMY CORPS OF ENGINEERS IN RESPONSE TO THE JULY 12, 2018 FEDERAL REGISTER SUPPLEMENTAL NOTICE
More information33 CFR PART 329 DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES. Authority: 33 U.S.C. 401 et seq.
33 CFR PART 329 DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES Authority: 33 U.S.C. 401 et seq. Source: 51 FR 41251, Nov. 13, 1986, unless otherwise noted. 329.1 Purpose. 329.2 Applicability. 329.3
More informationCRS Report for Congress
CRS Report for Congress Received through the CRS Web Order Code RS22236 Updated May 18, 2006 Gasoline Price Increases: Federal and State Authority to Limit Price Gouging Summary Angie A. Welborn and Aaron
More informationLOUISIANA MARITIME ASSOCIATION
LOUISIANA MARITIME ASSOCIATION Members, Issue Date: May 2, 2018 RE: CORPS MISSISSIPPI RIVER MAINTENANCE FORUM MEETING NOTES The Corps Mississippi Valley New Orleans (MVN) holds monthly meetings to discuss
More informationRESOLUTION WHEREAS, the last effort to dredge the Federal Channel commenced in 1994 and successfully completed in I999; and
RESOLUTION 2015-45 A RESOLUTION OF THE CITY OF TARPON SPRINGS, FLORIDA, REQUESTING ASSISTANCE ON THE MAINTENANCE DREDGING OF THE ANCLOTE RIVER FEDERAL CHANNEL. WHEREAS, the City of Tarpon Springs is the
More informationCharter Township of Orion
Charter Township of Orion Ordinance No. 107 Adopted May 16, 1994 Ordinances of the Charter Township of Orion Ord. 107-1 AN ORDINANCE ENACTED TO PROTECT THE WETLANDS OF ORION TOWNSHIP, OAKLAND COUNTY, MICHIGAN;
More informationADMINISTRATIVE APPEAL DECISION FILE NO (JF-DHB) JACKSONVILLE DISTRICT. October 18, 2002
ADMINISTRATIVE APPEAL DECISION FILE NO. 200100939 (JF-DHB) JACKSONVILLE DISTRICT October 18, 2002 Review Officer: Arthur L. Middleton, U.S. Anny Corps of Engineers (USACE), South Atlantic Division, Atlanta,
More informationH 7904 SUBSTITUTE A ======== LC005025/SUB A ======== S T A T E O F R H O D E I S L A N D
01 -- H 0 SUBSTITUTE A LC000/SUB A S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO STATE AFFAIRS AND GOVERNMENT - CLIMATE CHANGE - RESILIENT RHODE
More informationWetlands: An Overview of Issues
Order Code RL33483 Wetlands: An Overview of Issues Updated December 11, 2006 Jeffrey A. Zinn Specialist in Natural Resources Policy Resources, Science, and Industry Division Claudia Copeland Specialist
More informationHistory of the Arkansas. Riverbed
History of the Arkansas Riverbed from 1830 to 2012 1830--Treaty of Dancing Rabbit Creek between the U.S. and the Choctaw Nation, Sept. 27, 1830, 7 Stat. 333-334. 1835--Treaty of New Echota between the
More informationEnvironmental & Energy Advisory
July 5, 2006 Environmental & Energy Advisory An update on law, policy and strategy Supreme Court Requires Significant Nexus to Navigable Waters for Jurisdiction under Clean Water Act 404 On June 19, 2006,
More informationFlood Protection Bylaw
Flood Protection Bylaw April 2015 Flood Protection Bylaw Approved 14 April 2015 The common seal of the West Coast Regional Council was affixed in the presence of: Operative 14 April 2015 Table of Contents
More informationAppendix L Authorization
Appendix L Authorization Intentionally Left Blank Upper Mississippi River Restoration Authorization (Formerly referred to as Environmental Management Program) Section 1103 of the Water Resources Development
More informationMEMORANDUM OF UNDERSTANDING. Among
MEMORANDUM OF UNDERSTANDING Among THE WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY, THE U.S. DEPARTMENT OF ENERGY, THE U.S. DEPARTMENT OF DEFENSE, THE U.S. DEPARTMENT OF THE ARMY, THE ADVISORY COUNCIL
More informationArmy Corps Fiscal Challenges: Frequently Asked Questions
Army Corps Fiscal Challenges: Frequently Asked Questions Nicole T. Carter Specialist in Natural Resources Policy Charles V. Stern Analyst in Natural Resources Policy August 18, 2011 CRS Report for Congress
More informationST. AUGUSTINE PORT, WATERWAY & BEACH DISTRICT MINUTES OF REGULAR MEETING Tuesday, December 19, 2017
ST. AUGUSTINE PORT, WATERWAY & BEACH DISTRICT MINUTES OF REGULAR MEETING Tuesday, December 19, 2017 The regular meeting of the St. Augustine Port, Waterway & Beach District was held at the St. Augustine
More informationRouting the Alaska Pipeline Project through the Tetlin National Wildlife Refuge What responsibilities do agencies have under ANILCA?
Routing the Alaska Pipeline Project through the Tetlin National Wildlife Refuge What responsibilities do agencies have under ANILCA? The Alaska Pipeline Project (APP) is proposing a pipeline route that
More informationDisaster Recovery Team Biographies
Disaster Recovery Team Biographies Senator Mary Landrieu, Senior Policy Advisor. For 18 years (1997 2015), U.S. Senator Mary Landrieu was a leading advocate for Louisiana and the Gulf Coast. As stated
More informationCRS Report for Congress
CRS Report for Congress Received through the CRS Web Order Code RS22268 September 16, 2005 Repairing and Reconstructing Disaster- Damaged Roads and Bridges: The Role of Federal-Aid Highway Assistance Summary
More informationM E M O R A N D U M S E P T E M B E R 28,
M E M O R A N D U M S E P T E M B E R 28, 2 0 1 8 TO: FROM: SUBJECT: ACTION: BOARD OF DIRECTORS CHRIS TREESE ZANE KESSLER COLORADO STATE AFFAIRS None requested with this memo; action may be requested at
More informationUnited States Government Accountability Office GAO. Report to Congressional Committees. September 2006 DISASTER RELIEF
GAO United States Government Accountability Office Report to Congressional Committees September 2006 DISASTER RELIEF Governmentwide Framework Needed to Collect and Consolidate Information to Report on
More informationQuestion: Does the Clean Water Act prohibit filling wetlands that are 15 miles away from any navigable water?
Session 9 Statutory interpretation in practice For this session, I pose questions raised by Supreme Court cases along with the statutory materials that were used in the decision. Please read the materials
More informationDistribution Restriction Statement Approved for public release; distribution is unlimited.
CECW-B Regulation No. 11-2-201 Department of the Army U.S. Army Corps of Engineers Washington, DC 20314-1000 Army Programs CIVIL WORKS ACTIVITIES - FUNDING, WORK ALLOWANCES, AND REPROGRAMMING (RCS: CECW-B-11)
More informationBEYOND DAKOTA ACCESS PIPELINE Why the Energy Industry Should Embrace Tribal Consultation
BEYOND DAKOTA ACCESS PIPELINE Why the Energy Industry Should Embrace Tribal Consultation Troy A. Eid Pipeline Safety Trust Annual Conference New Orleans, Louisiana November 3, 2017 GREENBERG TRAURIG, LLP
More information1. O=Halloran, et al v. Parish of Plaquemines, et al, 25 th JDC, Docket No , Division A - Mr. Mike Mullin, Attorney. COUNCIL MEMBER GUEY
AGENDA FOR THE APRIL 28, 2011 1:00 P.M. MEETING OF THE PLAQUEMINES PARISH COUNCIL PLAQUEMINES PARISH TEMPORARY COURTHOUSE 450 F. EDWARD HEBERT BLVD. BELLE CHASSE, LOUISIANA 1. Roll Call, Prayer and Pledge
More informationOne Hundred Fourteenth Congress of the United States of America
S. 612 One Hundred Fourteenth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen An Act
More informationSUBJECT: Supreme Court Ruling Concerning CWA Jurisdiction over Isolated Waters
MEMORANDUM SUBJECT: Supreme Court Ruling Concerning CWA Jurisdiction over Isolated Waters FROM: Gary S. Guzy General Counsel U.S. Environmental Protection Agency Robert M. Andersen Chief Counsel U. S.
More informationALAMEDA COUNTY BOARD OF SUPERVISORS' PERSONNEL/ADMINISTRATION/LEGISLATION COMMITTEE
ALAMEDA COUNTY BOARD OF SUPERVISORS' PERSONNEL/ADMINISTRATION/LEGISLATION COMMITTEE Monday, September 12, 2016 1:30 p.m. Supervisor Keith Carson, Chair Supervisor Wilma Chan Location: Board of Supervisors
More informationTESTIMONY OF THE PIPELINE SAFETY TRUST North State Street, Suite 609 Bellingham, WA (360)
TESTIMONY OF THE PIPELINE SAFETY TRUST 1155 North State Street, Suite 609 Bellingham, WA 98225 (360) 543-5686 http://www.pipelinesafetytrust.org Presented by: Carl Weimer, Executive Director BEFORE THE
More informationAllison Plyer Greater New Orleans Community Data Center
Allison Plyer Greater New Orleans Community Data Center The Brookings Institution Metropolitan Policy Program November 28, 2006 Lessons from the Katrina Index for Tracking Post-Disaster Recovery Katrina
More informationGOP Reaffirms Its Energy Plan: Oil Above All
GOP Reaffirms Its Energy Plan: Oil Above All May 2011 Key facts Most Republican senators, in just the first five months of 2011, voted four times for measures that would benefit Big Oil. In the first five
More informationJune 2013 Hurricane Sandy Relief Act Includes Changes to Expedite Future Disaster Recovery
June 2013 Hurricane Sandy Relief Act Includes Changes to Expedite Future Disaster Recovery The Disaster Relief Appropriations Act of 2013 (HR 152), signed into law in January, allocated $50.5 billion in
More informationFast-Tracking Restoration: Addressing Resource Constraints in Federal Agencies
Fast-Tracking Restoration: Addressing Resource Constraints in Federal Agencies December 2017 The Environmental Law Institute (ELI) makes law work for people, places, and the planet. Since 1969, ELI has
More informationWetlands: An Overview of Issues
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Congressional Research Service Reports Congressional Research Service 2010 Wetlands: An Overview of Issues Claudia Copeland
More informationS th CONGRESS 1st Session S. 787 IN THE SENATE OF THE UNITED STATES. April 2, 2009
S.787 Clean Water Restoration Act (Introduced in Senate) S 787 IS 111th CONGRESS 1st Session S. 787 To amend the Federal Water Pollution Control Act to clarify the jurisdiction of the United States over
More information1. CALL TO ORDER - 9:30 A.M. 9:40 A.M. A. Roll Call B. Reading and Approval of Minutes November 5, 2013 Meeting
Barataria- Terrebonne National Estuary Program Management Conference Agenda - Meeting #66 9:30 a.m. Thursday, February 6, 2014 Nicholls State University Century Room NSU Stadium 1. CALL TO ORDER - 9:30
More informationSandra Y. Snyder Regulatory Attorney for Environment & Personnel Safety
Interstate Natural Gas Association of America Submitted via www.regulations.gov May 15, 2017 U.S. Environmental Protection Agency Office of Regulatory Policy and Management Office of Policy 1200 Pennsylvania
More informationApplying for Presidential Permits for Border Crossing Facilities (Mexico)
Applying for Presidential Permits for Border Crossing Facilities (Mexico) Fact Sheet BUREAU OF WESTERN HEMISPHERE AFFAIRS January 21, 2009 Bureau of Western Hemisphere Affairs Presidential Permits for
More informationF I L E D March 2, 2012
Case: 10-30249 Document: 00511776316 Page: 1 Date Filed: 03/02/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D March 2, 2012 No.
More informationNOTICE ANNOUNCING RE-ISSUANCE OF A REGIONAL GENERAL PERMIT
Public Notice US Army Corps of Engineers Louisville District Public Notice No. Date: Expiration Date: RGP No. 003 9 Jul 08 9 Jul 13 Please address all comments and inquiries to: U.S. Army Corps of Engineers,
More informationDRAFT SETTLEMENT AGREEMENT LAKE PALOURDE 2002
DRAFT SETTLEMENT AGREEMENT LAKE PALOURDE 2002 BAYOU GRAND COTEAU COASTAL FORESTED WETLAND CONVERSION (NRDA Case File #LA2002_0611_1715 [Lake Palourde 2002]) AMONG LOUISIANA OIL SPILL COORDINATOR S OFFICE,
More informationPROPOSED AMENDMENTS TO A-ENGROSSED HOUSE BILL 2233
HB -A (LC ) /1/ (DH/ps) PROPOSED AMENDMENTS TO A-ENGROSSED HOUSE BILL 1 On page 1 of the printed A-engrossed bill, delete lines through. On page, delete lines 1 through and insert: SECTION. Definitions.
More informationLegislation Defining Louisiana's Coastal Boundaries
Louisiana Law Review Volume 15 Number 1 Survey of 1954 Louisiana Legislation December 1954 Legislation Defining Louisiana's Coastal Boundaries Victor A. Sachse Repository Citation Victor A. Sachse, Legislation
More informationThe Budget Battle and AIG
The Budget Battle and AIG Democracy Corps The surveys This presentation is based primarily on a national Democracy Corps survey of 1,000 2008 voters (834 landline, 166 cell phone weighted; 880 landline,
More informationCONGRESSIONAL DISTRICT: IL 15
CONGRESSIONAL DISTRICT: IL 15 Location Map Ford 57 Champaign Vermilion 15 74 Danville Douglas Edgar Moultrie Shelby Mattoon Coles 70 Paris 57 Cumberland Clark Effingham 55 Madison Bond Clinton Fayette
More informationCORPS OF ENGINEERS--CIVIL
3258 PCS Calendar No. 876 110th CONGRESS 2d Session S. 3258 [Report No. 110-416] Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2009,
More informationPublic Trust and Public Necessity Defenses to Takings on the Gulf Coast
Public Trust and Public Necessity Defenses to Takings on the Gulf Coast Robin Kundis Craig Attorneys Title Professor & Assoc. Dean for Envtl Programs Florida State Univ. College of Law The Lucas Hook:
More informationSOUTHBOROUGH WETLANDS BY-LAW First Draft 1/2/92, (last revised 2/22/95) Approved at Annual Town Meeting of April 10, 1995 (Article #48)
SOUTHBOROUGH WETLANDS BY-LAW First Draft 1/2/92, (last revised 2/22/95) Approved at Annual Town Meeting of April 10, 1995 (Article #48) CHAPTER 170-1. PURPOSE The purpose of this chapter is to protect
More information