NEMWI Holds Invasive Carp Briefing

The Northeast-Midwest Institute held a virtual briefing on the Invasive Carp Regional Coordinating Committee’s (ICRCC) annual Invasive Carp Action Plan last Thursday, October 1st.

The briefing included an overview of the ICRCC and the development of the Action Plan, key monitoring and control activities to reduce the risk of invasive carp to the Great Lakes, the development of monitoring and prevention technologies for invasive carp management, and the existing Electric Dispersal Barrier System and progress toward completing the Brandon Road Interbasin Project.

Amy McGovern, Fisheries Program Supervisor at the Midwest Region at the U.S. Fish and Wildlife Service, began the briefing with an overview of the ICRCC and the annual action plan. She emphasized the efficiency of the ICRCC, which helps 26 U.S. and Canadian agencies at all levels of government coordinate carp actions and protect the Great Lakes. Brian Schoenung, Aquatic Nuisance Species Program Manager at the Fisheries Division of the Illinois Department of Natural Resources discussed the ILDNR’s role, particularly through contract fishing and intensive monitoring in the Upper Illinois Waterway designed to prevent the encroachment of the carp population front further upriver. Schoenung discussed the increase in carp populations this year that led to the discovery over the summer of hundreds of juvenile carp in the Marseilles Pool, just 80 miles from Lake Michigan, and the closest to the Lakes that fish of this age have been found.

John Dettmers, Fishery Management Program Director at the Great Lakes Fishery Commission, and Eric Weimer, Fisheries Biologist Supervisor at the Ohio Division of Wildlife, discussed the populations of grass carp in Lake Erie and their respective efforts to prevent those populations from becoming established. Dettmers discussed the GLFC’s strike teams – funded through Congressionally-appropriated dollars and conducted in cooperation with agencies and universities – as well as research that the GLFC conducts to inform removal actions. Weimer expanded on those removal actions, especially electrofishing, which began in 2018 and has seen its catch rate decrease year-over-year: an indication that grass carp numbers are falling.

Cindy Tam, Biological Threats and Invasive Species Research Program Coordinator at the U.S. Geological Survey discussed the U.S.G.S’ work alongside the Army Corps to test and implement invasive carp deterrent technologies in use at Brandon Road Lock and Dam, including underwater carbon dioxide and sonar deterrents. Finally, Jeff Zuercher, GLIMRIS Program Manager at the U.S. Army Corps of Engineers, gave an update on the Brandon Road Interbasin Project. Construction is set to resume on Increment I-A, which was delayed this summer by a stop-work order, and the Corps plans to solicit construction contracts under Increment II in Spring 2027 and under Increment III in Spring 2028.

If you missed it, view the recording here:

Senate Passes GLRI Reauthorization

The Senate passed an amendment in the nature of a substitute for S.528, The Great Lakes Restoration Initiative Act, last week by unanimous consent. The bill would reauthorize GLRI for four years at $475 million, which is the current authorized level. 

The Senate is also considering an identical reauthorization in that chamber's version of the Water Resources Development Act (WRDA). Earlier this year, the House passed the American Water Stewardship Act, which would reauthorize GLRI alongside other EPA geographic programs, but the bill did not make progress in the upper chamber. Both the Senate WRDA text and S.528 contain differences from the House-passed version, so action will be needed once Congress comes back into session in November. The GLRI authorization lapsed at the conclusion of FY26 on September 30th.

The GLRI is a critical program that has invested over $4 billion since 2010 in Great Lakes restoration, including remediating Areas of Concern (AOC), restoring habitat, and combatting invasive species. The program has revolutionized Great Lakes cleanup efforts: whereas just one AOC was delisted in the 20 years before GLRI, seven have been delisted in the 16 years since. 

Bipartisan Senate Permitting Reform Deal Contains Changes for Clean Water Act, Endangered Species Act

Senators Shelley Moore Capito (R-WV), Martin Heinrich (D-NM), Mike Lee (R-UT), and Sheldon Whitehouse (D-RI) last week announced a new bipartisan permitting reform bill, called the Bipartisan Affordability and American Jobs Act (BAAJA). The lawmakers comprise the leadership of the Senate Committee on Environment and Public Works (EPW) and the Senate Committee on Energy and Natural Resources (ENR).

The bill proposes sweeping changes to streamline the federal permitting process, and it reduces executive agency authority to block energy projects. It challenges utilities to protect ratepayers from cost increases related to data center consumption. The bill would also modify the Clean Water Act (CWA) and the Endangered Species Act (ESA) in an attempt to cut down on project delays but may also reduce environmental oversight. This 417-page bill is unlikely to reach a vote in the Senate until after the Nov. 3^rd midterms. 

Among the notable provisions of the proposed legislation are those that contain several changes to Section 401 of the CWA, some of them codifying changes the Trump EPA has proposed. Currently, a federal agency cannot issue permits to a project discharging pollution into a body of water unless the relevant state or tribe conducts an environmental review or waives their right to do so. BAAJA would amend this process to give states and tribes a maximum of one year after they receive a complete certification request to review projects. If states and tribes fail to respond within the timeframe, they automatically waive their review opportunity. If states and tribes waive their right to review, the federal government is not required to conduct their own water quality review. Finally, the bill places a limit on the subject of these reviews: rejections will only be allowed for water quality issues, not air pollution or climate impact concerns.

Similarly, for projects involving interstate transmission or pipelines, the bill directs environmental reviews to only consider direct discharges into water bodies. States and tribes would be barred from considering other indirect environmental impacts. The bill also amends CWA Section 404, which allows the Army Corps of Engineers to grant general permits for projects with “minimally adverse environmental effects,” bypassing a full environmental review. Any project impacting fewer than two acres of navigable water will be considered "minimally adverse."

BAAJA would also change how endangered species concerns are represented in the review process. The bill would amend Section 7 consultation under the ESA so that review occurs within sixty days, instead of ninety days, after formal consultation begins. It also requires consultation to be complete when National Environmental Policy Act (NEPA) review is finished. ESA reviews are capped at 145 days; if that is exceeded, involved federal agencies may be found liable under 706(1) of title 5, United States Code, and compelled by the court to act. BAAJA also excludes projects from endangered species review if they involve “existing right of way.” This means areas that have already undergone ESA review for a previous infrastructure project would be exempt from further ESA consultation for a future project. Finally, the bill would codify a pathway for states to take over Section 7 consultations from the federal government if the associated project is entirely within state borders.

BAAJA contains ratepayer protection requirements for data centers that have been proposed at the state and federal level over the past year. Namely, the bill would require that data centers pay for their electricity generation infrastructure as well as the system upgrades needed to connect them to the grid. It would require that data center developers continue to pay these costs even if the data center is no longer operating before the upgrades are paid off. Data centers would also have to publicly disclose their energy use, allowing policymakers to better understand their impact.

The bill tackles barriers unique to projects that stretch across states and localities. Interstate transmission lines and pipelines are often delayed because developers must receive state and local government approval for each jurisdiction of the project. BAAJA would allow developers to share their proposal with the Federal Energy Regulatory Commission (FERC) while awaiting state and local approval. If local governments fail to rule on the project within a year, FERC can step in and approve any project they believe aligns with the public interest. FERC can also approve who pays for the project, concentrating costs among the consumers who benefit. The bill also aims to promote regional grid integration. It requires regional grid authorities to study how their system could be improved through linking with nearby systems. It also requires regional authorities participating in these studies to adopt the same forecasting and formulas for ease of comparison.

Across parties, administrations have used executive power to delay what they consider undesirable infrastructure projects. Currently, the Trump Administration’s Department of Defense is delaying wind permits due to unspecified aviation concerns. In 2021, the Biden administration acted similarly in revoking the permit for the Keystone XL pipeline. BAAJA would curtail these kinds of actions and would ensure that developers have legal recourse if any administration attempts to unilaterally revoke permits in the future.

Overall, the bill proposes significant changes to federal permitting and regulatory mechanisms that have the potential to boost energy production from both renewables and fossil fuels. The bill has garnered bipartisan support because both parties believe their preferred energy projects and resources will benefit.

Reported by NEMWI Intern Greta Merrill, American University

Senate Committee on Energy and Natural Resources Meets on the GRID Power Act

The Senate Committee on Energy and Natural Resources held a meeting last week to consider S.465, the GRID Power Act, introduced in February of 2025 by Senator John Hoeven (R-ND). The GRID Power Act aims to increase power grid reliability by prioritizing “dispatchable” projects in the interconnection queue, which the bill defines as “an electric energy generation resource capable of providing known and forecastable electric supply in time intervals necessary to ensure grid reliability,” a definition that would prioritize fossil fuel and nuclear projects ahead of wind and solar. Committee Chairman, Senator Mike Lee (R-UT), emphasized that generator interconnection queues have faced backlogs for years. The bill would allow transmission providers to submit proposals to FERC to allow fossil fuel generators to skip the line. The bill passed the House last year and has been awaiting Senate action.

Senator Martin Heinrich (D-NM) proposed an amendment to remove the word “dispatchable,” which he explained would allow providers to speed up queues while maintaining a generation-neutral approach. “FERC has never been in the business of picking winners and losers, and they shouldn’t start today,” Senator Heinrich said. In response, Senator Hoeven countered that without more “dispatchable” energy, he believes the grid will be destabilized and less reliable. The amendment failed and the bill advanced, both along party lines.

Reported by NEMWI Intern Aidan D’Oria, Ramapo College of New Jersey

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