Interesting Items

Around the Gulf...
In response to the U.S. Supreme Court’s controversial decision in Kelo v. City of New London (covered in Water Log 25:2), the Alabama legislature introduced a constitutional amendment limiting eminent domain but failed to garner bicameral approval of a final version before the end of this year’s session. Both chambers agreed on the amendment’s core principle, which was to prohibit the use of eminent domain to shift property from one private owner to another. They disagreed only on details, including required compensation and the referendum date. The amendment was popular among property rights advocates but caused concern among local governments who feared losing a potent weapon to combat blight.

The University of South Alabama will receive $2.4 million in federal funds to expand its oyster habitat restoration program. The funds mark a major increase, and will allow the program to begin working with sea grass beds and offshore artificial reefs. The program is intended to improve oyster productivity in places like Perdido Bay and Mobile Bay. Oysters are an important thread in Alabama’s ecological tapestry, and a valuable and delicious piece of the state’s economy.

Mississippi governor Haley Barbour has signed into law the Gulf Region Water Utility Authority Act, which creates county water authorities in the state’s six coastal counties. The Act is intended to increase regional cooperation in water and sewer services, while continuing to allow local government control. The governor recommended a regional approach in the aftermath of Katrina. Federal Katrina funds will help pay for the necessary improvements.

The Texas General Land Office has paved the way for the first offshore wind project in the U.S. The Lone Star State has leased 11,355 acres about seven miles off the coast of Galveston Island to a company that plans to build a 150-megawatt wind farm. The project will generate enough electricity for 40,000 homes, and is anticipated to save as much as 20.7 million barrels of oil or 6.5 millions tons of coal over its 30-year life span. Revenue from the wind farm will help fund Texas schools.

Around the country…
For the first time since the government began keeping records almost fifty years ago, the U.S. has seen a net gain in wetlands. The U.S. Fish and Wildlife Service reported that in 2004 there were nearly 108 million acres of wetlands, almost 200,000 more acres than in 1997, when the last count was made. To what do we owe this remarkable success? In the agency’s eyes, “wetlands” includes not only the complex, life-nurturing ecosystems typically denoted by that word but also brand-spanking-new man-made features like stormwater retention ponds, sewage treatment pools, and golf course water hazards – essentially, any damp hole in the ground qualifies. The George W. Bush administration cites the new report as a victory in the pursuit of George H.W. Bush’s goal of “no net loss” of wetlands. State wetland managers and resource protection groups like Ducks Unlimited disagree, noting that most of the newly created wetlands are of very low quality compared to the wetlands that continue to be destroyed by development.

In related news, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency have issued new wetland regulations to encourage the expansion of private “mitigation banking” for wetlands destruction. Developers who destroy wetlands are required by law to mitigate the damage, and the new regulations clarify their ability to fulfill that obligation by buying credits from companies that operate so-called “mitigation banks.” The new regulations were applauded by developers and mitigation bankers.

University of Mississippi