Now what? US Army Corps of Engineers must take sea-level rise into account ... by gimleteye

The US Army Corps of Engineers has played a central role in the unsustainable development of Florida. A catalogue of its errors and violations of law would and does fill volumes. Suffice to say, in the past two decades the Corps has struggled to reform its loutish behavior in permitting and planning major water infrastructure projects across the country, with decidely mixed results. This federal agency-- charged with both flood protection for humans and for protecting federal environmental laws-- seems designed to fail. Its core missions could be mistaken for providing a revolving door between agency specialists and private industry. In Florida, the Corps is the co-partner, with the state of Florida, operating the massive flood control system. From the business of opening and closing gates to science, planning and permitting, it is often one step forward and two steps back.

This lack of clarity and resolve is not likely to improve under the pressure of global warming without strong direction from the White House and Congress. Two and a half years ago, the US Senate offered an amendment to the Water Resources Development Act that would require the Corps to plan ahead on global warming. Recently, the Sacramento Bee reported, "Levee projects in the Sacramento-San Joaquin Delta will have to account for rising sea levels under a new federal policy aimed at shoring up the region's main line of defense against climate change. It's the first comprehensive policy by the U.S. Army Corps of Engineers to require that projects under its jurisdiction be designed with higher sea levels in mind." (Delta levee projects must now prepare for rising sea level, August 31, 2009) The new stand-alone policy supercedes other references to sea-level rise that have been buried, for years, beneath Corps objectives.

It would be historic if the US Army Corps of Engineers were required to include global warming considerations as a driver of decision-making. With so much at stake in the continuous internal conflicts of mission and purpose, it is easy to see why special interests are fighting tooth and nail to keep global warming off the table. Along those lines there is another interesting development: Obama EPA chief Lisa Jackson recently stated that it the intent of the agency to begin taking a closer look at blanket approval of Corps dredge and fill permits: the heart and soul of unsustainable development in Florida.

According to the St. Petersburg Times, EPA Administrator Lisa Jackson is vowing to increase EPA's use of its little-used veto authority to override Army Corps of Engineers Clean Water Act (CWA) "dredge and fill" permits. These permits are ubiquitous; from development in wetlands to rock mines and other purposes. "The Corps and the public should know that, instead of just expressing objections, the EPA will once again use its veto power," Jackson said in an interview with the Times, published Aug. 8. Jackson also called the old permit review process "toothless," noting that, in the past, when staff made their concerns known to the Corps, they "didn't hear back." Under section 404 of the water act, EPA has authority to veto Corps-issued permits. The Times notes the agency has only used the authority 13 times since the CWA was enacted in 1972. By more frequently wielding its authority to veto, EPA could force stricter environmental requirements for the permits."

What this means for South Florida is anyone's guess. Projects like FPL's $20 billion plan to build nuclear reactors in Everglades wetlands could face sharper scrutiny. It will be harder for FPL to do a "no show" with federal regulators, like it did at a public hearing last night in Miami. I've repeatedly raised the question how anyone could allow building more nuclear power at sea level, where both ratepayers and ancilliary support infrastructure will suffer severely under conditions of rising seas within the service lifetimes of the new reactors. Both the Corps and EPA must sign off on FPL's plans, although if past holds true to form, the exact meaning of progress will end up in rounds of terrible politics and costly litigation.