The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are publishing a final rule defining the scope of waters protected under the Clean Water Act (CWA or the Act), in light of the statute, science, Supreme Court decisions in U.S. v. Riverside Bayview Homes, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States (Rapanos), and the agencies' experience and technical expertise. This final rule reflects consideration of the extensive public comments received on the proposed rule. The rule will ensure protection for the nation's public health and aquatic resources, and increase CWA program predictability and consistency by clarifying the scope of "waters of the United States" protected under the Act.

Definition of "Waters of the United States" (WOTUS) was published in the Federal Register on June 29, 2015. The rule will become effective on August 28, 2015, barring an injunction.

The Fish and Wildlife Service has released the final rule listing the northern long-eared bat as a threatened species. Please recall that the agency proposed to list the bat as an endangered species in October 2013.

The agency also included a section 4(d) rule to provide exceptions for specified activities to the prohibition on "take" of the bats. They characterize this as an "interim" final rule. As such, they have not responded to any comments that were submitted last month on the proposed section 4(d) rule. They state they will do so in their final rule either affirmed the interim rule or adopting amendments to it. They ask the public NOT to re-submit their comments already filed on the section 4(d) rule and state these comments have already been placed in the record and will be considered. They provided a 90-day comment period (until July 1).

Additional materials are available here: http://www.fws.gov/midwest/endangered/mammals/nlba/

Last week, WVFA Staff attended a reception and dinner at the conclusion of a course designed for K-12 classroom teachers with little (or no) previous background in economics by Division of Forestry and Natural Resources West Virginia University. The course introduces participants to the principles of economics using West Virginia's forest products industry to provide examples. The course annually focuses on the following ideas:
• How economic incentives predictably influence human behavior
• The role of competitive markets and market prices in coordinating economic activity
• The importance of free trade in increasing a nation's income
• Solving environmental problems with market-based approaches and property rights
• The major sources of economic growth and progress
• The proper role of government in a market economy
• Why good economics isn’t always good politics

A bill to designate the Appalachian Forest Heritage Area - based in Elkins, WV - was introduced in the U.S. House of Representatives on Feb. 3, 2015. HR 693 was introduced by Congressman David MCKinley (WV-1) with co-sponsorship from Congressmen Evan Jenkins (WV-3), Alex Mooney (WV-2), and John Delaney (MD-6). The bill was referred to the House Committee on Natural Resources. This is the first time that the AFHA bill has been introduced in the House. A Senate bill was introduced in 2013, and is expected to be re-introduced in the coming months.