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A Collection of the Legislation ASLA is Currently Advocating. by Staff
https://www.asla.org/GovernmentAffairs.aspx The American Society of Landscape Architects (ASLA) advocacy efforts are guided by climate change, biodiversity, and resilience, sustainable design to mitigate safety and welfare. The list that follows is a collection of the legislation ASLA is currently advocating. All bills are accompanied by a description that is published by ASLA and then edited for space. Green Infrastructure Economic vitality, homeland security, quality of life, and natural ecosystems all rely on ample, clean water. Landscape architects help communities large and small manage their stormwater with innovative green infrastructure solutions, such as green roofs, rain gardens, bioswales, and pervious pavements. ASLA urges policymakers to support strategies that reduce stormwater runoff and improve our nation's water supply. Waters of the United States ASLA supports policies-like the Clean Water Act (CWA)-that protect our waters and communities nationwide and enhance environmental and public health, economic growth, and national security. On May 25, 2023, in Sackett v. Environmental Protection Agency (2023) the Supreme Court held adjacent wetlands are only subject to CWA protections if it has a continuous surface connection with a WOTUS that is relatively permanent and connected to traditional interstate navigable waters such as a stream, ocean, river, or lake. Specifically, the court wrote that Clean Water Act jurisdiction extends only to wetlands that are "indistinguishable" from larger bodies of water by having a "continuous surface connection." The plaintiffs, Sackett, asserted the significant nexus test was inappropriate to consider a wetland as WOTUS and that the wetlands on their property are not WOTUS pursuant to the "relatively permanent" test in Rapanos. This ruling significantly weakens the CWA and will leave millions of acres of wetlands unprotected causing significant repercussions for water quality and flood control throughout the nation. For now, this ruling is the "law of the land," and supersedes previous court rulings, the agencies' actions, and congressional action. In August 2023, EPA and USACE released a final rule amending the January 2023 definition of "waters of the United States" (WOTUS) to conform with the May 2023 United States Supreme Court's decision in Sackett v. EPA. The Water Resources Development Act The ASLA supports the Water Resources Development Act (WRDA) that promotes sustainable water infrastructure projects, that also address climate change impacts and environmental justice. Both bills support USACE's water infrastructure projects, studies, and policies that address wastewater; stormwater runoff; flood control; sea-level rise; damaged shorelines and natural landscape protection; storm damage and extreme weather risks; open and recreational space preservation; ecosystem restoration; and nature-based solutions. The Living Shorelines Act ASLA supports legislation that protects coastal communities from risks to human health and safety, including damage to property, infrastructure, and ecosystems associated with climate change. The measure would create two federal grant programs through the National Oceanic and Atmospheric Administration. The first program will assist states, localities, and NGOs in constructing living shorelines projects. The second program will provide federal research grants for the study of living shoreline development and effectiveness. Together, these programs will better protect coastal communities and ecosystems. Clean Water State Revolving Funds The ASLA supports legislation that increases funding and other resources for federal clean water programs, including the Clean Water State Revolving Fund (CWSRF). On April 26, 2023,?Representative Nikema Williams (GA) reintroduced the Water Infrastructure Sustainability and Efficiency (WISE) Act. This measure would permanently reauthorize the Green Project Reserve and increase the minimum set aside for GPR projects to 20 percent.
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