Embracing WVWRAM 3.0: A New Era for West Virginia Wetlands Training

The future of stream and wetland management in West Virginia is about to undergo a transformative shift. Beginning April 15, 2025, all applicants submitting projects involving stream and wetland evaluations must use the newly updated West Virginia Wetland Rapid Assessment Method (WVWRAM) 3.0. This upgrade to the West Virginia Stream and Wetland Valuation Metric (WV SWVM) promises a more robust, transparent, and effective approach to managing impacts on aquatic resources.

The Swamp School is honored to announce that it is officially approved by the state of West Virginia to provide training in WVWRAM 3.0. With this distinction, we are prepared to equip professionals with the knowledge and skills they need to succeed during this critical transition. Whether you are an environmental consultant, engineer, or regulatory professional, mastering WVWRAM 3.0 will be essential for ensuring compliance and achieving sustainability in aquatic resource management.

What is WVWRAM 3.0?

WVWRAM 3.0 is more than just a tool; it’s a comprehensive framework for assessing the health and functionality of West Virginia’s wetlands and streams. Developed through collaboration between the U.S. Army Corps of Engineers (USACE), the West Virginia Department of Environmental Protection (WVDEP), and other state and federal agencies, this latest version builds upon years of refinement and experience.

Some of the key features of WVWRAM 3.0 include:

  1. Enhanced User Interface and Experience
    Updates to WVWRAM 3.0 include clearer instructions, data validation checks, and default values for stream chemical and biological indicators. These improvements make the tool more accessible and user-friendly, even for those new to wetland assessments.
  2. Comprehensive Functional Assessments
    WVWRAM 3.0 integrates physical, chemical, and biological metrics to evaluate streams and wetlands holistically. It analyzes factors such as sediment retention, nutrient cycling, pollutant removal, and habitat quality, providing a more accurate picture of aquatic ecosystem health.
  3. GIS Integration
    The updated tool employs Geographic Information System (GIS) technology for mapping wetlands and tracking their baseline conditions. This feature streamlines data collection and enhances spatial analysis capabilities, enabling users to make better-informed decisions.
  4. Support for Mitigation Planning
    WVWRAM 3.0 generates scores that quantify the functional lift achieved through mitigation efforts. By aligning these scores with regional data and ecological targets, it ensures that mitigation projects are not only compliant but also environmentally beneficial.

Why is WVWRAM 3.0 Important?

Wetlands and streams are among West Virginia’s most vital natural resources, providing critical ecosystem services such as flood control, water purification, and wildlife habitat. However, these resources face significant pressures from development, climate change, and pollution. Tools like WVWRAM 3.0 are essential for balancing economic growth with environmental conservation.

Under the Clean Water Act Section 404, the USACE requires compensatory mitigation to offset unavoidable impacts to aquatic resources. WVWRAM 3.0 ensures a transparent, science-based process for evaluating these impacts and determining appropriate mitigation measures. By adopting this tool, professionals can contribute to the long-term health and resilience of West Virginia’s wetlands and streams.

Why Training Matters

The mandatory use of WVWRAM 3.0 starting April 2025 means that professionals must familiarize themselves with its functionalities and requirements. Proper training is critical to ensure accurate assessments and compliance with regulatory standards. The Swamp School’s WVWRAM 3.0 training program is designed to help participants:

  • Understand the Tool: Learn the purpose and scope of WVWRAM 3.0, including its integration into the WV SWVM framework.
  • Navigate the Interface: Gain hands-on experience with the Microsoft Access database and GIS components.
  • Perform Assessments: Conduct field evaluations and input data to generate scores for stream and wetland conditions.
  • Apply Results: Use WVWRAM outputs to guide project planning, permitting, and mitigation.

The Swamp School Advantage

The Swamp School has a long-standing reputation for excellence in environmental training. As an approved provider of WVWRAM instruction, we bring unparalleled expertise to the table. Our courses are tailored to the needs of busy professionals, offering flexible learning options and real-world applications.

Participants in our WVWRAM training program will benefit from:

  • Expert Instruction: Learn from experienced practitioners who understand the complexities of stream and wetland management.
  • Interactive Learning: Engage in practical exercises and case studies that simulate real-world scenarios.
  • Regulatory Insights: Stay up to date on the latest requirements and best practices for using WVWRAM 3.0.
  • Supportive Community: Join a network of like-minded professionals dedicated to protecting West Virginia’s aquatic resources.

Prepare for April 2025

As the implementation date for WVWRAM 3.0 approaches, the time to act is now. Don’t wait until the last minute to familiarize yourself with this essential tool. The Swamp School’s training program offers a clear path to readiness, equipping you with the knowledge and confidence to excel in your field.

By mastering WVWRAM 3.0, you won’t just be meeting regulatory requirements—you’ll be making a meaningful contribution to the conservation of West Virginia’s wetlands and streams. Together, we can ensure these invaluable ecosystems remain healthy and productive for generations to come.

Enroll Today

Ready to take the next step? Enroll in the Swamp School’s WVWRAM training program and become a leader in aquatic resource management. Whether you’re a seasoned professional or just starting your career, our courses provide the tools and support you need to succeed.

Let’s shape the future of West Virginia’s wetlands and streams—one assessment at a time.

More Info Here

North Carolina’s Weird and Wonderful: Elk

Merry Christmas and Happy Hanukkah everyone! For today’s weird and wonderful focus, I have decided to write about a large, hoofed creature: elk! I know, I know, I probably should have written about reindeer, but elk are really cool too, and North Carolina is home to a growing population of them! Also called Wapiti, which is a Shawnee word meaning “white deer”, elk once roamed throughout what is now the continental U.S., including the mountains of Western North Carolina and perhaps even the northwestern piedmont region of the state. During the 1800s elk became extirpated from most of the country east of the Rocky Mountains, mainly due to hunting pressure and habitat loss. Today, the largest populations are out in the western half of the U.S., but there are a few small populations in the eastern half, including the one in Great Smoky Mountain National Park. 

There are a few subspecies of elk: the Rocky Mountain Elk is probably the most widely known, with its pale, cream-colored body (hence the name “Wapiti”) and dark head, neck, and legs. The Roosevelt Elk, named after Theodore Roosevelt, the 26th President of the United States, is found in the Pacific Northwest; the population in North Carolina is the Manitoban subspecies, Cervus elaphus manitobensis, as the Eastern Elk species, Cervus elaphus canadensis, is extinct. This subspecies has a dark head, neck, and dark legs, with the body ranging in color from deep copper to light tan or beige. While they are sometimes mistaken for white-tailed deer, they are much larger, measuring about five feet high at the shoulder for a full-grown bull elk and weighing around 700 pounds. It surpasses the black bear in size and is the largest mammal in our state. 

Bugling bull elk, Cervus elaphus. Photograph courtesy of the North Carolina Wildlife Resources Commission.

A bull elk can have harems of up to 60 cows, making this species the most polygamous of all the deer species in North America. Bulls will sound a bugle call to warn competing males to stay away, and to assert their dominance over the cows in their harem. This call begins as a bellow, transitions to a whistle or a noise described as a scream, and ends with a series of grunts; the whistle or scream portion is what carries over long distances. Both bulls and cows will mark their territory by stripping the bark from seedlings, and during the breeding season, bulls will dig wallows. Wallows are depressions in the ground that they make with their hooves and antlers, into which they urinate and defecate to create a strong odor. Bulls will roll in the resulting, stinky mud, which is either a way to attract cows, a way to intimidate other bulls, or may serve both purposes. Either way, I feel confident in listing this species as one of the weird and wonderful animals that call our state home.

The elk herd at the North Carolina Zoo in Asheboro, NC. Photograph courtesy of the author.

There have been a handful of attempts to reintroduce elk into North Carolina: the first attempts, during the first half of the 20th century, failed. However, the project was initiated again in 2001 by the National Park Service, with 52 individuals of the Manitoban subspecies introduced over a period of two years into the Cataloochee Valley region of the Great Smoky Mountain National Park. Some of the elk wandered outside of the park’s boundaries and established populations in neighboring counties. The NPS is responsible for the elk within the park, and the North Carolina Wildlife Resources Commission manages all of the populations outside of the park’s boundaries. Today it is estimated that around 200 elk are living within the state on national, state, local, and privately held land. So, the next time you take a road trip through Great Smoky Mountain National Park, consider driving along the road through Cataloochee Valley. From your vehicle you may be fortunate enough to see some members of this weird and wonderful species amongst the trees or in the fields. During late September through early October, you may even be able to hear the famous elk bugle call. Alternatively, consider stopping by the North Carolina Zoo: amongst their animal residents, which are over one thousand creatures and counting, is an elk herd. In whatever form you choose to view this impressive species, take some time to appreciate its resilience, beauty, and yes, its dash of weirdness. 

Rediscovering the Giants: Restoring and Protecting the Northeast’s Last Old-Growth Forests

The following blog post is a summary of the article “The Northeast Has Unexpected Old-Growth Forests That Survived Colonial Axes” by Krista Langlois, published in Sierra on June 10, 2024. To read the original article, click here.

Erik Danielson, a self-taught botanist and big-tree hunter, discovered a massive eastern white pine he named “Bigfoot” during a bushwhacking expedition into New York’s Adirondack Mountains. This 151-foot-tall giant stood in a rare, untouched 550-acre old-growth forest, a remnant of what once covered the region before European colonization. Before colonial exploitation, eastern white pines, some soaring to 230 feet, played key ecological and cultural roles, including inspiring the Haudenosaunee Confederacy’s Tree of Peace. However, these majestic trees were heavily harvested, particularly by European settlers and the Royal Navy, drastically altering the Northeast’s landscape. Over centuries, more than 99% of the region’s forests were cleared multiple times for agriculture, timber, and industry.

Despite massive deforestation, northeastern forests have regrown, but most consist of relatively young, uniform trees lacking the complexity of old-growth ecosystems. Ecologists stress that old-growth forests are uniquely valuable due to their rich biodiversity, resilient soil, and role in carbon storage and climate regulation. In places like New Hampshire’s Pisgah State Park, even storm-ravaged “horizontal old growth” highlights how old, decomposing wood provides critical habitats and seeds for future growth. Such ecosystems also offer vital opportunities to study natural forest dynamics, revealing insights into tree longevity and the complex relationships between plants, fungi, and soil organisms. For ecologists and conservationists, identifying and protecting these remaining old-growth pockets is critical for both ecological and historical preservation.

Conservationists envision expanding these forests by protecting adjacent lands, fostering the recovery of young forests, and allowing them to mature into old-growth-like ecosystems. Methods to accelerate forest recovery include mimicking natural processes, such as creating canopy gaps or leaving deadwood to enrich the soil, as advocated by experts like Paul Catanzaro. Others, like David Foster, argue that leaving forests untouched is the best way to restore old growth, pointing to initiatives like Wildlands. Wildlands’ goal is to permanently protect forested lands from human interference. While approaches vary, the shared goal is to transform fragmented landscapes into contiguous corridors of healthy, mature forests, aiding climate resilience and restoring lost biodiversity.

The resurgence of interest in old-growth forests has sparked efforts to identify and map these remaining areas, which remain under-documented despite their ecological significance. Forests like the Adirondacks and Catskills, protected for over a century, provide hope for conservation. However, privately owned old growth remains vulnerable without permanent safeguards. Efforts to connect protected lands, such as linking the Adirondacks with Canada’s Algonquin Park, demonstrate a regional push toward large-scale forest recovery. Conservationists believe that protecting and expanding these rare forests can help recreate ecosystems resembling the Northeast’s pre-colonial woodlands, fostering resilience in the face of environmental challenges.

Ultimately, northeastern forests are slowly recovering, driven by a growing movement of scientists, conservationists, and individuals passionate about rewilding the region. Though this recovery may span centuries, the forests’ natural processes—leaf decomposition, soil formation, and fungal growth—will heal the land over time. With careful protection and stewardship, the Northeast could see future old-growth forests, echoing the grandeur of Bigfoot and other towering giants. This restoration offers hope for a rewilded landscape, reconnecting the region to its ecological and cultural roots while addressing modern environmental concerns like biodiversity loss and climate change.

The Ghost Lake Returns: Tulare Lake’s Resurgence and the Clash between Nature and Human Intervention

This blog post is a summary of the article “California’s ‘ghost lake’ re-emerges after 130 years, drowning 94,000 acres of farmland” by Caitlin McCormack published in The New York Post on December 2, 2024. To read the original article, click here.

The reappearance of California’s Tulare Lake after 130 years marks the dramatic return of a “ghost lake” that disappeared in the 19th century due to human intervention. Once the largest freshwater body west of the Mississippi River, Tulare Lake spanned over 100 miles long and 30 miles wide before drying up entirely around 1890 as settlers redirected its water for agriculture. This transformation, achieved through extensive irrigation systems, devastated the local ecosystem and displaced the indigenous Tachi Yokut people, who had called the lake “Pa’ashi.” The lake’s 2023 resurgence, fueled by massive winter storms and snowmelt from the Sierra Nevada, has inundated 94,000 acres of farmland, reviving ecological dynamics but causing significant disruption to modern land use.

The lake’s return has begun to rejuvenate the San Joaquin Valley’s ecosystem, welcoming ducks, other waterfowl, and even frogs to its shores for the first time in decades. However, this ecological renewal comes at a steep cost, as fertile farmland and critical infrastructure have been submerged under rising waters. Despite the ecological benefits, the flooding has also caused environmental hazards by immersing storage sheds containing harmful materials like fertilizer and electrical wiring. Researchers and locals alike are grappling with the complexities of the lake’s revival, which offers a stark reminder of the region’s historic relationship with water and land use.

Historically, Tulare Lake’s draining was incentivized by policies granting ownership of reclaimed land, spurring settlers to construct irrigation canals that effectively eliminated the lake. Its cyclical reappearances since 1890 reveal a pattern of environmental flux driven by extreme weather events. The lake’s latest resurgence underscores the tension between natural processes and human attempts to control them. While its return has reignited hope for ecological restoration, concerns persist about the sustainability of these changes and the risk of the lake vanishing once more, highlighting the fragile balance between nature and human intervention.

Revitalizing Lake Erie’s Shoreline: A Model for Coastal Restoration and Community Connection

The following blog post is a summary of the news release published on October 10, 2024, by the U.S. Army Corps of Engineers. To read the original news release, click here.

This past October, the U.S. Army Corps of Engineers (USACE) announced the successful completion of their wetland restoration project along Ohio’s Lake Erie shoreline. The USACE Buffalo District, in collaboration with the City of Port Clinton, set out to accomplish this massive undertaking five years ago, and are pleased with its success. This $1.9 million initiative, part of the Great Lakes Fishery and Ecosystem Restoration Program, focused on revitalizing 1.4 acres of coastal wetland, removing invasive phragmites, and creating a diverse habitat that benefits both wildlife and the local community. Leaders like Lt. Col. Robert Burnham and Mayor Michael Snider emphasized the ecological and economic importance of preserving wetlands to ensure a thriving local ecosystem and sustainable way of life for residents reliant on Lake Erie. Federal and local leaders, including Congresswoman Marcy Kaptur and Senator Sherrod Brown, lauded the project’s bipartisan support and role as a model for similar efforts.

The project spanned a 12.2-acre wetland and beach complex, transforming 4.6 acres of struggling wetland into six acres of vibrant habitat. Construction efforts included terrain restructuring to promote diverse plant growth, the installation of nearly 40,000 native plant plugs, and the removal of invasive species. Early outcomes have shown significant ecological improvements, including a shift from a phragmites-dominated landscape to a diverse ecosystem supporting native wildlife. Port Clinton’s wetland, situated along two critical bird migration flyways, now serves as a vital link for migratory species and enhances biodiversity in the region. The restored site also offers residents and visitors opportunities for recreation, such as birdwatching, further enriching the community’s connection to its natural surroundings.

The Port Clinton Coastal Restoration Project reflects the USACE Buffalo District’s broader expertise in Great Lakes restoration. Drawing from prior successes in New York and applying lessons to ongoing efforts in Ohio, this collaborative endeavor involved multiple stakeholders, including the Ohio EPA, Ohio Division of Natural Resources, and Great Lakes Fishery Commission. This project demonstrates the power of partnerships in addressing environmental challenges: without all of the stakeholders working together, a restoration of this scale would have been harder to attempt, let alone finish, and may have never gotten off the ground. Funded under Section 506 of the Water Resources Development Act of 2000, the project also highlights the importance of restoring critical habitats and addressing invasive species to sustain the Great Lakes ecosystem. With monitoring underway, the Port Clinton Coastal Restoration Project serves as a blueprint for future coastal restoration efforts across the region, ensuring long-term benefits for both the environment and local communities.

North Carolina’s Weird & Wonderful: American Cranberry

Vaccinium macrocarpon (American cranberry) plant with ripened fruit. Photograph courtesy of Jessica Frega and Carolina Habitats

Well, it is once again time to give thanks. A time to be grateful for food, fellowship, and native flora and fauna. This month’s weird and wonderful focus is not on a certain seasonal bird, but rather on a certain berry: the American cranberry, to be exact. Also known as bear berry, large cranberry, or marsh berry, this rare species is found in the mountain bogs of our state, often residing near sphagnum moss, within which the cranberry seeds easily germinate. It is an evergreen shrub that forms thick mats of stems and small leaves, resulting in it also being described as a creeping vine.  This species produces white-to- pale pink flowers from May through June and bears bright red fruit from August through November, though oftentimes the berries can still be found on the plant in the following spring.  

Vaccinium macrocarpon (American cranberry) flower and leaves. Photograph courtesy of Jessica Frega and Carolina Habitats

Originally termed “crane-berry” due to the flower and fruit’s resemblance to the head and neck of a crane, this tart berry is enjoyed by wildlife and humans alike. This species, Vaccinium macrocarpon, is the plant from which modern cranberry cultivars are grown in the commercial cranberry industry. Cranberry bog farming is not without its perils: several species of semi-aquatic spiders inhabit the bogs, hunting the other invertebrates that call that landscape home. When the bogs are flooded to initiate the harvest, the spiders search for higher ground, which often ends up being the farmers wading into the water. Now, while many people may associate cranberries with the fall and winter seasons, they are utilized year-round and have been for centuries. In the past, indigenous tribes would dry the berries and pound them into strips of dried venison to make a winter staple called pemmican. In addition, they would incorporate the fruit into poultices for wounds; today cranberries are often prescribed as a means of boosting one’s immune system and as a source of antioxidants. The next time you take a sip of cranberry juice, remember the brave bog farmers who fended off spiders while harvesting the ripe cranberries.

Vaccinium macrocarpon (American cranberry) plant. Photograph courtesy of Kurt Frega and Carolina Habitats.

American cranberry, aside from being a Thanksgiving star, is immensely important to the insect life in its locality, providing food for numerous butterfly and moth species. The leaves, fruit, and roots provide sustenance to caterpillars throughout the spring and summer. One such butterfly is the Bog Copper, a small species that requires the American cranberry for its entire life cycle. The adults feed on raindrops and on the nectar from the flowers, with females laying a single egg at the base of each leaf. Since the cranberry plant grows along the ground, the leaves are often submerged in the water within the bog, but the eggs can withstand periodic flooding events. The caterpillars emerge in the spring and begin feasting on the leaves and new shoots of their host plant. In addition, bumblebee species, which have been on the decline in recent years, are the primary pollinators for the American cranberry, collecting nectar and pollen from the flowers. So, if you want to increase the amount of butterfly, moth, and bumblebee species in your backyard garden, consider adding this weird and wonderful bog plant. The native fauna will thank you, and as a bonus you will get to enjoy the fruits of your labor with homemade cranberry sauce every fall. 

Turbulent Waters: Court Ruling Challenges White House Power Over Water Protections

How a Recent Court Ruling Could Complicate Waters of the United States (WOTUS) Rulemaking

A recent court decision in Marin Audubon Society v. FAA (No. 23-1067) may have significant implications for how the White House and federal agencies issue environmental regulations, particularly those related to the Clean Water Act’s (CWA) definition of “Waters of the United States” (WOTUS). The decision, issued by the United States Court of Appeals for the District of Columbia Circuit on November 12, 2024, has sparked questions around the authority of the Council on Environmental Quality (CEQ) to set binding environmental rules under the National Environmental Policy Act (NEPA). As WOTUS regulations continue to be a critical component of federal water protection, this ruling could add complexity to the rulemaking process, opening the door to new challenges and delays.

Understanding the CEQ’s Role in Environmental Regulation

The CEQ, part of the Executive Office of the President, was created to coordinate federal environmental efforts and ensure that agencies adhere to NEPA. Traditionally, CEQ issues guidelines that all federal agencies follow to conduct NEPA environmental assessments, which include evaluating the impacts of major actions on the environment. This standardization helps create a consistent framework across agencies for environmental protection.

In Marin Audubon Society v. FAA, however, the court raised doubts about CEQ’s ability to enforce binding regulations across federal agencies, arguing that its authority is primarily derived from executive orders rather than direct Congressional approval. Judge Randolph’s opinion suggested that CEQ’s rulemaking power might not hold up in court, challenging the notion that agencies are bound to follow CEQ’s NEPA guidelines. For WOTUS rulemaking, this raises substantial questions about how federal agencies like the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) will conduct their environmental reviews and establish regulatory consistency.

Key Ways This Ruling Could Affect WOTUS Rulemaking

Here’s how the court’s decision could potentially complicate future WOTUS regulations:

1. Limiting CEQ’s Influence Over Federal Environmental Reviews

The CEQ has long set the NEPA guidelines for federal agencies to ensure consistency in environmental impact assessments. By questioning whether CEQ has the authority to issue binding NEPA rules, the court has created uncertainty about the future of this standardized approach. Without a binding CEQ framework, agencies might no longer be required to use a single approach to assess the environmental impacts of WOTUS rules, making it more challenging to create uniform protections for waters and wetlands across the nation.

Potential Impact: The EPA and USACE could face challenges in setting a consistent environmental baseline when drafting WOTUS rules. This could create inconsistencies across administrations, especially if each agency must interpret NEPA standards independently. With a fragmented regulatory approach, the White House might struggle to align WOTUS rulemaking with broader environmental objectives, such as national water quality and biodiversity goals.

2. Increased Legal Challenges to WOTUS Rules

The court’s ruling introduces a heightened level of scrutiny on executive authority. Since WOTUS rules often rely on extensive environmental assessments, a lack of clear CEQ authority could make these assessments vulnerable to legal challenges. Opponents of WOTUS rules could argue that without CEQ’s centralized authority, the environmental analyses conducted by agencies lack sufficient legal backing, increasing the likelihood of lawsuits that could block or delay WOTUS rule implementations.

Potential Impact: Legal battles have already been a major obstacle for WOTUS rules. If challengers focus on procedural aspects related to NEPA compliance, the rulemaking process could face further delays. Such challenges could undermine agencies’ ability to protect critical waters and wetlands, forcing EPA and USACE to revisit or revise their environmental analyses.

3. Shift Toward Agency-Specific NEPA Guidelines

If CEQ’s authority is ultimately limited, federal agencies may need to establish or strengthen their own NEPA compliance processes rather than relying on CEQ guidelines. This could lead to inconsistencies in how agencies interpret and apply NEPA standards, as each agency might develop unique procedures for assessing environmental impacts.

Potential Impact: WOTUS regulations could face delays as agencies work to create or adjust their own NEPA guidelines. This would not only slow the process of protecting water resources but also introduce complexity as each agency may weigh environmental impacts differently. Developing these agency-specific rules could lengthen the timelines for WOTUS rulemaking and might complicate enforcement if there are varying interpretations of environmental impacts across agencies.

4. Potential Constraints on the White House’s Climate and Water Protection Goals

The White House often relies on consistent, CEQ-led NEPA standards to ensure cohesive action across federal agencies, especially for ambitious goals such as those related to water conservation and climate change. With limitations on CEQ’s binding authority, it may become harder for the White House to drive a uniform environmental agenda and ensure that federal actions collectively work towards shared conservation objectives.

Potential Impact: WOTUS rules are essential for regulating water quality and protecting wetlands, which in turn play a crucial role in carbon sequestration, flood control, and habitat preservation. Without a consistent NEPA framework, the White House might find it challenging to align WOTUS rulemaking with broader environmental policies, potentially hampering efforts to meet water quality and climate goals. Additionally, a decentralized approach could lead to variability in enforcement, as agencies might follow different standards based on their unique NEPA guidelines.

5. Potential Rethink of Environmental Regulatory Strategy

The ruling could prompt the White House to explore alternative approaches to achieve its environmental objectives, especially if CEQ’s centralized authority remains in question. This might include working more closely with Congress to gain legislative backing for WOTUS or encouraging states to take a more active role in water protection.

Potential Impact: One option could be to shift more responsibility for water protection to the states, reducing federal reliance on WOTUS rules. Alternatively, the White House might pursue more public-private partnerships to address water conservation through collaborative projects rather than regulation alone. Such approaches could help the White House advance its goals despite the procedural challenges posed by the court’s decision, though they may be less effective than a cohesive federal approach.

Conclusion

The court’s ruling in Marin Audubon Society v. FAA (No. 23-1067) has introduced new complexities into the regulatory landscape for federal water protections like WOTUS. By calling into question the CEQ’s authority to issue binding environmental rules under NEPA, the court’s decision could slow down the WOTUS rulemaking process, open the door to more legal challenges, and limit the White House’s ability to enforce consistent environmental protections across agencies.

For those invested in the protection of U.S. water resources, this ruling highlights the importance of clear, well-supported regulatory authority. The White House may need to adapt by seeking legislative support for CEQ’s role or by exploring alternative regulatory strategies to continue advancing WOTUS protections. As federal agencies navigate these changes, the fate of critical waters and wetlands will remain a closely watched issue, with implications for conservation, climate resilience, and clean water access nationwide.

Bridging the Gap in Wetland Delineation: Introducing a New Manual by Marc Seelinger, SPWS

Wetlands are among the most vital ecosystems on our planet, acting as natural water filters, flood protectors, and habitats for a diverse array of wildlife. For environmental professionals, accurately delineating these areas is crucial for conservation efforts, regulatory compliance, and sustainable development. However, wetland delineation is a complex process that often poses significant challenges, especially for new hires in engineering and environmental companies.

Recognizing this gap, Marc Seelinger, SPWS, the founder of The Swamp School, has embarked on a mission to simplify wetland delineation. Drawing from over 20 years of experience in wetland science, Marc is creating an accessible and practical manual designed to make wetland delineation more approachable for professionals at all levels. To bring this invaluable resource to life, a Kickstarter campaign has been launched, and your support can make a significant difference.

The Challenge in Wetland Delineation

For many new professionals entering the field, existing resources on wetland delineation are either overly technical or lack practical guidance. The primary references, such as the U.S. Army Corps of Engineers’ “Wetland Delineation Manual (1987)” and the various “Regional Supplements,” are comprehensive but can be overwhelming for those without extensive experience. Additionally, the 2024 “Field Indicators of Hydric Soils” published by the USDA introduces new complexities that require careful interpretation.

This steep learning curve can lead to:

  • Confusion and Frustration: Difficulty in understanding complex methodologies and terminologies.
  • Field Errors: Mistakes in delineation can result in non-compliance with regulations, leading to legal and financial repercussions.
  • Project Delays: Misinterpretations and errors can cause setbacks, increasing costs and affecting project timelines.

Marc Seelinger’s Solution

Marc’s new manual aims to bridge the gap between complex regulatory documents and practical, real-world application. Here’s how:

  • Simplified Content: The manual breaks down intricate concepts into clear, easy-to-understand language without sacrificing essential details.
  • Authoritative Foundations: It is grounded in the U.S. Army Corps of Engineers’ “Wetland Delineation Manual (1987),” incorporates the latest “Regional Supplements,” and includes the 2024 “Field Indicators of Hydric Soils” published by the USDA.
  • Practical Organization: Designed for immediate application, the manual is organized so that users can quickly find the information they need and apply it in the field.
  • Expert Insights: Marc enriches the manual with real-world examples, tips, and best practices drawn from his extensive experience.
  • Engaging Visuals: The inclusion of diagrams, photographs, and checklists enhances comprehension and aids in retention.

Why This Manual Matters

The creation of this manual is more than just a publishing project; it’s a commitment to the future of environmental stewardship. By making wetland delineation more accessible:

  • Empowering New Professionals: The manual serves as a valuable training resource, helping new hires become proficient more quickly.
  • Enhancing Industry Standards: Clear and accurate delineations lead to better compliance and higher-quality environmental assessments.
  • Protecting Our Environment: Accurate delineation is essential for the preservation and management of wetlands, which play a critical role in our ecosystem.

The Kickstarter Campaign

To realize this vision, a Kickstarter campaign has been launched. The goal is to raise funds to cover writing, design, production, and distribution costs, ensuring that the manual is of the highest quality and widely accessible.

Exclusive rewards are available for backers:

  • $25 Pledge: Receive a digital copy of the manual before the official release.
  • $50 Pledge: Get a printed copy delivered to your doorstep.
  • $100 Pledge: Receive a printed copy plus your name acknowledged in the manual.
  • $250 Pledge: All of the above plus access to an exclusive online workshop hosted by Marc.
  • $500 Pledge: Everything above plus a personalized consultation session with Marc to address your specific needs.

By supporting the campaign, you’re not only securing a valuable resource for yourself but also contributing to the professional growth of the entire environmental community.

About Marc Seelinger and The Swamp School

Marc Seelinger, SPWS, is a respected wetland scientist with over two decades of experience in the field. As the founder of The Swamp School, he has dedicated his career to environmental education, helping professionals understand and navigate the complexities of wetland science.

The Swamp School is known for its commitment to empowering environmental professionals through practical training and resources. This new manual is a continuation of that mission, aiming to make a significant impact on how wetland delineation is taught and practiced.

How You Can Help

Your involvement is crucial to the success of this project. Here’s how you can support:

  1. Visit the Kickstarter Campaign: Support the Wetland Delineation Manual Project
  2. Choose a Reward Tier: Select a pledge level that suits you and take advantage of the exclusive rewards.
  3. Spread the Word: Share the campaign with colleagues, friends, and anyone who might benefit from this manual.
  4. Engage on Social Media:

The Impact of Your Support

By backing this project, you’re contributing to:

  • Improved Training Resources: Providing new professionals with the tools they need to excel.
  • Enhanced Environmental Compliance: Promoting accurate and efficient wetland delineations.
  • Elevated Industry Standards: Supporting a resource that raises the bar for environmental practices.

A Personal Message from Marc

“Creating this manual has been a passion project for me. I’ve witnessed the challenges that new professionals face, and I genuinely believe this resource will make a significant difference. Your support means the world to me, and together, we can make a lasting impact on our field.”
— Marc Seelinger, SPWS

Conclusion

Wetlands are invaluable to our environment, and the professionals tasked with their delineation play a critical role in their preservation. This new manual by Marc Seelinger is poised to become an essential tool in the environmental professional’s toolkit, simplifying complex concepts and promoting best practices.

By supporting the Kickstarter campaign, you’re not just purchasing a manual; you’re investing in the future of environmental stewardship. Join us in making wetland delineation accessible and effective for all.

Support the Kickstarter Campaign Today: Click Here to Pledge

Let’s work together to protect our wetlands and empower the next generation of environmental professionals.

The Swamp School WOTUS Rule

Personal Statement: Why We Need the Swamp School WOTUS Rule

As a professional who has dedicated over 40 years to working with wetlands, I have had a front-row seat to the evolution—and at times, the decay—of the WOTUS program. I’ve watched policies shift from stringent federal control to more localized approaches, and I’ve seen the impacts these changes have had on our wetlands and waterways, our communities, and our economy. I’ve worked with landowners who are uncertain about their responsibilities, developers who are frustrated by regulatory delays, and conservationists who are determined to protect our water resources amidst shifting policies. This journey has reinforced my conviction that it is time for us to take matters into our own hands and build a WOTUS framework that is fair, responsible, and sustainable.

Throughout my career, I have witnessed both the strengths and weaknesses of federal oversight. There is no doubt that the Clean Water Act has played a vital role in protecting critical water resources and improving water quality across the country. However, as the regulatory landscape has changed, so too have the complexities and challenges of defining and enforcing WOTUS. Too often, jurisdictional determinations have become bottlenecks, with regulatory uncertainty leading to delays, increased costs, and growing frustration for everyone involved. The current system, while well-intentioned, has become a maze that is difficult to navigate, often leaving landowners, businesses, and environmental professionals at odds over water resources that are vital to all of us.

The Swamp School WOTUS Rule represents a new way forward, one that is rooted in my decades of experience and in the lessons I have learned from working directly with the land and water. This rule acknowledges the critical role of federal protections for key water resources, but it also respects the sovereignty and expertise of states to manage waters that fall outside federal jurisdiction. By reserving isolated, ephemeral, and other local waters for state management, we create a framework that empowers states to act in ways that make sense for their own unique landscapes, communities, and economies.

One of the most critical aspects of the Swamp School WOTUS Rule is the privatized jurisdictional determination process. Over the years, I have come to believe that water resources are best understood by those who have specialized training and on-the-ground experience. That’s why this rule calls for Certified WOTUS Determination Professionals (CWDPs) to lead the jurisdictional determination process. These trained professionals will make responsible, accurate, and timely determinations based on consistent criteria, backed by both federal and state oversight. By empowering certified professionals to assess jurisdiction, we streamline the process, reduce delays, and ensure that decisions are informed by real-world expertise.

I am also a firm believer in the principles of cooperative federalism, which have been woven into the very fabric of the Clean Water Act since its inception. The Swamp School WOTUS Rule builds on these principles by creating a partnership between federal agencies and the states, and between certified professionals and government regulators. This collaborative approach will give rise to a more efficient, accountable, and responsive WOTUS program that serves the needs of all Americans.

For me, the Swamp School WOTUS Rule is not just another regulation; it is a culmination of my life’s work and a commitment to the sustainable stewardship of our water resources. It’s a blueprint for a balanced approach that protects our most critical waters, respects the rights of states, and empowers trained professionals to do what they do best. This rule reflects decades of knowledge, and it embodies a vision for the future that is fair, sustainable, and grounded in the belief that effective water management must be practical, science-based, and adaptable to our changing world.

Of course, as much as I’d like to think we could officially call it the Swamp School WOTUS Rule, I’m pretty sure the powers-that-be will come up with something a little less colorful! I can almost hear it now: “The Clean Waters Collaborative Determination Act” or maybe “The Federated Waters Determination Framework.” But whatever name they choose, the heart of the rule will remain the same—protecting our water resources in a way that’s both responsible and sustainable. And hey, as long as they remember where it came from, they can call it whatever they like!

In closing, my hope is that the Swamp School WOTUS Rule will help foster a new era of water management—one that can evolve with the times while remaining steadfast in its commitment to responsible stewardship. This is more than a policy; it’s a promise to future generations that we are committed to protecting our waters with integrity, respect, and a deep understanding of their vital role in our lives. – Marc Seelinger, SPWS

The Swamp School WOTUS Rule

Purpose: The Swamp School WOTUS Rule offers a comprehensive and efficient approach to defining Waters of the United States (WOTUS), balancing federal oversight with enhanced state autonomy. It privatizes the jurisdictional determination process through a certification program for professionals authorized to assess water bodies as either federally or state-regulated. This rule focuses federal jurisdiction on waters essential to interstate commerce and environmental health, while empowering states to manage other water resources through state-specific programs.

Key Provisions of the Swamp School WOTUS Rule

1. Jurisdictional Waters Under Federal Authority

The rule focuses federal jurisdiction on water bodies with continuous, significant connections to traditional navigable waters (TNWs). These core water resources are critical for interstate commerce and ecological connectivity, making them subject to federal oversight under the Clean Water Act.

  • Traditional Navigable Waters (TNWs): Large rivers, lakes, bays, and tidal waters that are currently or historically used in interstate or foreign commerce.
  • Interstate Waters: Waters crossing or forming state boundaries with continuous surface connections to TNWs.
  • Relatively Permanent Tributaries: Perennial or intermittent streams, rivers, and other natural channels that flow into TNWs or interstate waters.
  • Adjacent Wetlands with Continuous Surface Connections: Wetlands directly abutting TNWs or relatively permanent tributaries, without natural or artificial barriers.
  • Impoundments of Jurisdictional Waters: Dams, reservoirs, or other impoundments that maintain a direct hydrological connection to a jurisdictional water.

2. Non-Jurisdictional Waters Reserved for State Management

Certain waters that do not meet federal criteria fall under state jurisdiction. States are empowered to manage these waters according to local priorities, creating unique regulations and programs tailored to specific environmental and economic needs. State jurisdiction covers:

  • Ephemeral Streams and Temporary Channels: Features that flow only after rainfall and lack continuous flow to TNWs.
  • Isolated Wetlands and Non-Continuous Interstate Waters: Wetlands without direct surface connections to TNWs or other jurisdictional waters.
  • Ditches and Man-Made Water Features Not Functioning as WOTUS: Non-navigable ditches, canals, and artificial features disconnected from WOTUS.
  • Groundwater: All groundwater remains outside the scope of federal jurisdiction.
  • Prior Converted Cropland and Certain Artificial Water Bodies: Agricultural lands and water bodies, such as irrigation ponds, disconnected from jurisdictional waters.

3. Certified WOTUS Determination Professionals (CWDPs) for Federal Determinations

The Swamp School WOTUS Rule establishes a privatized jurisdictional determination process through a network of Certified WOTUS Determination Professionals (CWDPs). CWDPs are authorized to conduct official WOTUS determinations and to classify water features as either federally regulated or state-regulated, based on the Swamp School WOTUS Rule.

  • Certification Process:
    • CWDPs complete rigorous training in federal WOTUS standards, hydrology, wetland science, and water law.
    • Certification requires passing a written exam and completing a field practicum demonstrating real-world skills in assessing water features.
    • Certified professionals must maintain credentials through continuing education to stay current with updates in regulation and environmental science.
  • Authority and Oversight:
    • CWDPs’ determinations are binding and subject to periodic review by the EPA and the U.S. Army Corps of Engineers for quality assurance.
    • Determinations are documented in reports that include data, maps, and justification, ensuring transparency and consistency.
  • Transparency and Documentation: CWDPs submit detailed determination reports accessible to federal and state agencies, providing accountability and clarity for stakeholders.

4. State Jurisdictional Determination Program

In addition to the federal determination program, the Swamp School WOTUS Rule establishes a State Jurisdictional Determination Program. Under this system, each state has its own certification and licensing requirements for professionals conducting state-level jurisdictional determinations, similar to professional licensing in fields like law or medicine. This program ensures that individuals working in a particular state are qualified to make jurisdictional determinations in alignment with state-specific water management standards.

  • State-Specific Certification:
    • Each state will develop its own certification program for jurisdictional determinations, with specific training and licensure requirements tailored to regional priorities.
    • State-certified professionals must meet standards similar to CWDPs, with state-administered exams and field practicums relevant to local hydrology and environmental considerations.
    • Continuing education will be required to maintain state certification, ensuring that professionals remain knowledgeable about both state and federal changes.
  • Distinct Licensing Requirements: State-certified professionals will be licensed in their respective states, much like attorneys, to ensure they have in-depth knowledge of regional water management standards, ecosystems, and regulatory frameworks.
  • Collaborative Standards and Support: Federal agencies will provide resources and technical support to help states establish and maintain rigorous certification programs, promoting consistency and high standards nationwide.

5. Federal Oversight and Cooperative Federalism

The Swamp School WOTUS Rule emphasizes cooperative federalism, recognizing that water management is best achieved through collaboration between federal, state, and private sectors. Federal agencies support the certified professional network and work alongside states to maintain consistent, high standards in water resource management.

  • Federal Guidance and Resources: The EPA and Army Corps of Engineers will provide training materials, tools, and technical resources to support CWDPs and state certification programs.
  • Grant Programs for State Initiatives: States can apply for federal grants to support water management projects, including conservation, restoration, and water quality initiatives.
  • Interstate Collaboration: For shared water resources, federal agencies will facilitate cooperation between states, helping to harmonize water quality standards and regulatory approaches.

Benefits of The Swamp School WOTUS Rule

  1. Enhanced Efficiency and Consistency: By delegating jurisdictional determinations to certified professionals, the rule accelerates decision-making and reduces regulatory bottlenecks, benefiting landowners, developers, and conservationists.
  2. Increased Professional Accountability: Certified WOTUS Determination Professionals (CWDPs) and state-certified professionals bring high levels of expertise and accountability, ensuring reliable and accurate water assessments nationwide.
  3. Empowered State Management and Local Control: States gain primary responsibility over non-jurisdictional waters, allowing them to regulate based on regional needs and priorities, fostering innovation in water management.
  4. Transparent and Predictable Process: The rule creates a clear, predictable process for determining jurisdiction, with transparent documentation and accessible reports, which benefit all stakeholders by reducing uncertainty.
  5. Balanced Federal Protection for Key Waters: Federal jurisdiction is focused on core water resources that impact interstate commerce, downstream health, and ecological stability, while states retain autonomy over isolated and ephemeral waters.

Conclusion: A Balanced and Modern Approach to Water Management

The Swamp School WOTUS Rule represents a forward-thinking solution to defining Waters of the United States, blending federal protections with state rights and privatizing the jurisdictional determination process to increase efficiency and accuracy. By empowering a network of certified professionals and recognizing state-specific licensing, this rule fosters a cooperative approach that respects both national interests and local autonomy. It is a sustainable, balanced framework designed to ensure the protection and responsible management of America’s water resources, addressing the needs of today while paving the way for future generations.

Balancing Clean Energy with Environmental Protections: EPA Reaches a Settlement with Hell’s Kitchen Geothermal, LLC

The following blog post is a summary of the article “EPA settles case with Hell’s Kitchen Geothermal over wetlands discharge impacting on Salton Sea” by Arturo Bojorquez, published in the Imperial Valley Press on October 19, 2024. To read the full article, click here.

The U.S. Environmental Protection Agency (EPA) has reached a settlement with Hell’s Kitchen Geothermal, LLC (HKG) due to their work on leased Imperial Irrigation District (IID) land that disrupted wetland areas connected to California’s Salton Sea. HKG’s dredging and ditching operations, as part of a lithium extraction and geothermal energy project, resulted in the discharge of materials into adjacent wetlands. This redirected their hydrology, resulting water flowing out of the wetlands and into the Salton Sea. Consequently, this has led to around 1,200 acres of wetlands losing their capacity to maintain ecological functions. Under the settlement, HKG is required to restore these affected wetlands to their original state.

The Salton Sea project, which encompasses geothermal energy production and lithium extraction, is part of a broader initiative aimed at supporting clean energy development. This project seeks to provide 49.9 MW of geothermal energy and produce 20,000 tons of lithium, essential for electric vehicle batteries. However, the project has faced environmental opposition, with groups like Comite Civico del Valle (CCV) arguing that the project’s Environmental Impact Report (EIR) is inadequate, failing to address issues like air quality, hazardous waste, and water supply impacts. HKG’s operations on approximately 2,000 acres of IID-owned land began in 2021, including the extension of drainage channels closer to the sea, resulting in material discharging into around 27 acres of wetlands. Further environmental concerns were raised when it became apparent that the wetland’s ability to hold water had been negatively impacted, as water flowed out of 1,200 acres of wetland and entered the Salton Sea.

CCV and Earthworks contend that Imperial County’s approval overlooked a deeply flawed environmental impact report that failed to analyze the impacts the proposed project would have on the air quality and water quality of the region. In addition, a detailed plan on what to do with the hazardous waste products created as a result of the lithium mining and geothermal energy harvesting was never discussed. Environmental groups argue that the project should not get a free pass simply because it is “green” in nature. This case has highlighted broader calls for effective oversight of clean energy projects. Experts emphasize that projects must balance renewable energy goals with stringent environmental protections to ensure the responsible management of resources like wetlands. Going forward, projects such as this one, even though the end goal would be to mitigate climate change, should operate with “adequate oversight and transparent monitoring” to avoid damaging important public natural resources.