Program Description
National Clean Water Act
Waters of the United States: Clarity or Conflict? Proposed Guidance for Identification of Water Protected by the Clean Water Act.

Speakers:
Mark Ryan, US Environmental Protection Agency
Murray Feldman, Holland & Hart, LLP

In May, the EPA and the Army Corps of Engineers released draft guidance for identifying jurisdictional waters of the United States covered by Section 404 of the Clean Water Act (the "dredge and fill" permit requirement of the Act concerning wetlands and other discharges of dredged or fill materials to waters of the United States).  The guidance is intended to incorporate current hydrological knowledge and to be consistent with prior Supreme Court decisions.  But the guidance also moves away from the "isolated waters" concept previously applied by the agencies, making it more challenging for project developers or others to show the lack of a significant nexus between a subject water or wetland and a jurisdictional water.  Consequently, the guidance is expected to increase the scope of jurisdictional waters under the Clean Water Act.  Because of the many intermittent and ephemeral drainages in the western United States, the proposed guidance may have a greater effect here than in other parts of the country. Mark Ryan will explain the regulatory background and the approach that went into the new guidance, as well as summarizing some of the comments received on the guidance.  Murray Feldman will address the potential effect of the guidance on regulated entities, including transportation agencies, project developers, local governments, and agricultural interests.  The guidelines are meant to be clearer and lead to more predictable jurisdictional determinations and aquatic resource protection, but do they achieve this purpose, and if so at what cost?

The Framework
Speaker: Shaun McKinney, Natural Resources Conservation Service

The Administration's "National Clean Water Framework" outlines actions aimed at integrating the sometimes bewildering array of federal water quality programs.  The Framework maintains existing Clean Water Act permit exemptions for agriculture but seeks to align Farm Bill programs administered by the Natural Resources Conservation Service (NRCS) with Clean Water Act priorities.  The new Framework is emerging just as new science and technical tools are allowing a much closer look at how on-farm practices can improve water quality.  Our speaker will address how these policy and technical innovations will influence future efforts to protect water quality in Idaho. 
Read more about the Clean Water Act Guidance and Framework

Wind Energy at a Crossroads
Moderator:  Dr. David Solan, Director  of Boise State University Energy Policy Institute.
Panel Members:
Ben Otto, Idaho Conservation League
Clint Kalich, Avista Corporation
Marsha H. Smith, Idaho Public Utilities Commission
Peter Richardson, Richardson & O'Leary, PLLC
Senator Curt McKenzie, District 12, Nampa
                                                                                                  
The economic  and political climate for commercial wind energy projects in Idaho is changing fast due to legislative and Public Utility Commission (PUC) actions, new siting guidelines to protect wildlife, stricter local government planning and zoning controls, and public interest in the potential impact on communities. Has the legislature taken the wind out of the sails of commercial wind energy industry in Idaho by not extending the sales tax rebate?  Have we seen the last of new wind farm projects in Idaho because of the recent PUC decision to reduce the size of a wind project that qualifies renewable projects for better rates from power suppliers? From an economic perspective, does wind power generation pencil out for developers, rate payers, communities and the environment?

New commercial wind energy projects also face an array of environmental and property owner challenges.   Many in the wind industry are concerned about the Fish and Wildlife Service's new wind project guidelines for bald and gold eagle protection.  During the last session,  a legislative committee came within a few votes of imposing significant new siting restrictions on wind projects based upon community reaction to commercial wind energy projects.

So what does the future hold for wind energy industry in Idaho?    A panel of members of the legislature, Public Utilities Commission, power producers, policy advisors, and conservationists will present their viewpoints and answer your questions.

Idaho Environmental Forum
ief@idahoenvironmentalforum.org
208-921-0016