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Minnesota lawmakers assert protections for public waters

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Minnesota lawmakers assert protections for public waters


A new state law expands legal protections for hundreds of miles of Minnesota waterways whose status had been uncertain.

In the final days of the session, lawmakers passed language clarifying that a waterway that meets the legal definition is a public water, even if it’s not on a decades-old state inventory.

The change was included in an omnibus environment and natural resources budget bill, which Gov. Tim Walz signed into law last week.

“This is a backstop to say water courses that meet the definition in state law are water courses that belong to all of us as Minnesotans, and are due these protections that we’ve outlined for public waters,” said Carly Griffith, water program director for the Minnesota Center for Environmental Advocacy.

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The bill’s passage followed a lengthy legal dispute over Limbo Creek, the last free-flowing stream in heavily-farmed Renville County.

The county board did not require an environmental review of proposed improvements to the upper reaches of the creek, because it wasn’t listed on the public waters inventory.

Environmental groups and the Department of Natural Resources argued the stream met the legal definition of a public water, warranting greater protection. A lower court agreed, and the Minnesota Supreme Court upheld that decision in 2022.

In Minnesota, “where water is really central to our identity,” the state has taken an expansive view of what counts as a public water, Griffith said. That definition includes natural and altered waterways with a total drainage area greater than 2 square miles.

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“So that means it can include streams and creeks that aren’t the Mighty Mississippi River, but that are important to the local communities that rely on them,” Griffith said. She estimates the new law will affect at least 640 miles of waterways across the state.

Griffith said there are errors in the state’s public waters inventory, which was created in the 1980s when the technology used to identify drainage areas was less advanced. The new law includes $8 million over the next eight years for the DNR to update the inventory. 

Some farm groups are concerned the new law could expand legal protections to more waterways and create uncertainty for farmers. Public waters have more regulations, including restrictions on draining and filling, and requirements to maintain vegetative buffers.

Pierce Bennett, public policy director for the Minnesota Farm Bureau Federation, called it “a pretty dramatic expansion” of what could be labeled public waters, leaving farmers “in a little bit of limbo.”

“Our view is that this would allow for a lot of waters that aren’t currently under that inventory to just simply be put in,” Bennett said. “And that is concerning.”

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He said farmers shared their concerns about the bill with legislators throughout the session, and plan to work with state regulators to understand its impacts.

“We need to have a greater understanding of what this might mean for the future,” Bennett said.



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Wildfire smoke from Canada and Minnesota pushes further into US, engulfing DC in eerie haze

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Wildfire smoke from Canada and Minnesota pushes further into US, engulfing DC in eerie haze


NEW YORK (AP) — Millions of people in the Great Lakes, Northeast and Mid-Atlantic states muddled through another day of unhealthy air from uncontrolled wildfires on Friday, as smoke enveloped the nation’s capital in a gloomy, eerie haze.

Air quality warnings were expected to remain in effect through Saturday across a wide swath of the U.S., but there’s potential for temporary relief with rains and storms forecast over a chunk of the affected region over the weekend.

The smoky conditions won’t be gone anytime soon, though, as fires burn unchecked across a remote region of Canada, cautioned Bob Oravec, a lead forecaster at the National Weather Service based in Maryland. Wildfires in a wilderness area in Minnesota are also contributing to the smoke.

“The source of the smoke is going to continue on for certainly a week, probably,” he said. “So in some form, there’s going to be smoke that gets transported from the fires downstream, and it’s just going to depend upon which way the wind’s blowing as to where the smoke is going to affect the most.”

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On Friday, communities in Minnesota, Michigan and Illinois closest to the Canadian border and the Boundary Waters Canoe Area Wilderness in Minnesota again registered some of the worst air quality in the world, according to IQAir, an air quality monitoring website.

Not far behind them was Washington, D.C., where the thick smoke created eerie scenes. The Washington Monument, the Lincoln Memorial and other national landmarks could be seen enveloped in a thick, orange-hued haze in the morning.

“Wow that Canadian smoke haze is no joke,” Stewart Verdery, a former assistant secretary at the U.S. Department of Homeland Security, wrote on X as he shared a panorama of D.C. at sunrise. “Almost nothing visible – no sun, no monuments, no Reagan Airport.”

Air in and around Washington was expected to go from bad to worse as the day progressed, reaching “very unhealthy” and potentially “hazardous” levels on the air quality index, regional officials said.

People, particularly those with heart or lung disease, older adults and children, were urged to limit or avoid going outside as much as possible until air quality improved.

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There was also concern in the New York City area about how the foul air might impact the World Cup final match between soccer powerhouses Spain and Argentina at MetLife Stadium in New Jersey on Sunday.

Oravec said winds will continue pushing the wildfire smoke east in the U.S., though conditions should be better on game day Sunday than on Saturday.

Just a day earlier, a thick haze tinged with orange and yellow darkened skies across several states and partly obscured Manhattan’s skyline.

Officials from New York, New Jersey, Pennsylvania and other Northeast states distributed free K95 face masks, canceled outdoor programming and opened libraries and other public buildings as cooling centers where people could get a respite from the sooty air.

As Friday progressed, air quality measures improved from “unhealthy” to “moderate” in some places in and around New York City.

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A strong sun broke through a thin veil of smoke, and large chunks of clear blue sky were visible across much of the region by Friday afternoon.

Saturday brings a high chance of thunderstorms across much of the Northeast and mid-Atlantic, which will help dampen the bad air.

How long the reprieve lasts depends on what happens hundreds of miles north, as some 100 wildfires burn without end in sight, largely in the Ontario area in Canada. In the U.S., officials have closed the Boundary Waters while battling multiple fires.

Long-term exposure to smoky conditions can complicate existing health problems and lead to chronic and deadly issues, including respiratory illness, cardiovascular and neurological diseases and premature death.

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Miinesota’s common loons are genetic cousins to penguins

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Miinesota’s common loons are genetic cousins to penguins


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The common loon, Minnesota’s state bird, is more closely related to a penguin than a duck.

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Despite loons predominantly living in the northern hemisphere and penguins mostly living in the southern hemisphere, researchers consider them to be genetic cousins. Taxonomic analyses placed them in an evolutionary cluster tracing back 40 million to 50 million years ago, along with herons and pelicans. 

While loons and ducks share habitat on Minnesota lakes, they aren’t close relatives. Ducks are closer cousins to geese and swans. 

After sharing a common ancestor, penguins and loons developed distinct characteristics. Loons can fly, but struggle to move on land; penguins can’t fly, but waddle on land. Penguins use flipper-like wings to swim; loons use webbed feet for underwater propulsion.

They have some similar features, however, including dense bones to help dive underwater and their tuxedo coloring.

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MinnPost partners with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. Read our methodology to learn how we check claims.



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Hundreds of Canada wildfires prompt US air quality alerts as smoke spreads south

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Hundreds of Canada wildfires prompt US air quality alerts as smoke spreads south


Fires in the past burned more frequently in western Canada, but recent years have seen that trend migrate eastward, with large fires now burning in Ontario, Quebec and Atlantic provinces, Prof Chasmer said, leading to more noticeable smoke in densely populated cities like Toronto and New York.



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