“a word about the ditch — sorry — uh, the wetland”
the proposed retention pond was greater
than the existing wetland
according to the corps’ ecological judgment
the word navigable must be given some content
the corps must necessarily choose a point
at which water ends and land begins
the transition from water to solid ground is not abrupt
the purity of nonnavigable tributaries will be treated
as an end, one of the last forested stopover points
looked like nothing more than a beach
there is no wet area that is not subject to federal control
where small amounts of water may collect — puddles, in effect
impoundments of waters, isolated, intrastate, non-navigable ponds
the corps must draw the line somewhere
the term person means an individual, corporation, partnership,
association, state, municipality, commission, or political
subdivision of a state, or any interstate body
wetlands are different — act like a sponge
and may regulate the kitchen sink
navigable under the classical understanding of that term
a focus on physical proximity and adjacency makes sense
a specific connection as opposed to a categorical judgment
was it found that there was no connection
or was it not found that there was not a connection
a wetland butting and inseparable
is a clearly significant nexus
whether distance is one or forty or one hundred miles
over virtually any wet area in the nation
water body’s capability of use by the public
does not allow speculation
what is your definition of tradition?
the sidecasting of spoils
where do I find the distinction between wet and dry depression?
defer to agency
“a word about the ditch” was previously published in Source Material 03, ed. Damian Weber (House Press)
Materials:
Rapanos vs. U.S., 04-1034, Brief for the United States.
Carabell vs. Army Corps of Engineers, 04-1384, Brief for the Respondents.
Personal notes by JS on the Supreme Court Hearing for these two cases, argued (jointly) February 21, 2006, including comments by Justices Alito, Breyer, Ginsburg, Kennedy, Roberts, Scalia, Souter, Stevens, by the U.S. Solicitor General Clements, and by the other Counsels for the Petitioners and Respondents.
~~~~~~~~~~
Blackburnian Warbler
Dendroica fusca
3 songs
in winter: numerous, humid
travels mainly the Andes
zip zip zip
titi tseeeeee
even higher than
high-pitched Cerulean’s
up-slurred note
prefers hemlocks
fiery cadmium-orange
picks Northern
Parula’s considerable
torqued, see say
plush as throat
a fuscous bit of fire
an Englishman in dark
glass might spot
~
pisses on the street, folds
verse, some sonafa
bitch erases the heart
in class action tort law
suit means weights, hey
whenever you leave, feed
affirm a need to believe
and know the tongue
is tied
exploits outbreaks
uncoils, ingests
Tepui region
Espiritu Santu’s
rosa blanca es
Surinam and
Appalachian
spruce budworm
obsessives glean
needles
~
wretched teenager sings
en julio como en enero
reach out reach out reach out
with a psychic sense
clearing
coming
drop-winged
tail’s cocked
into needles
black rootlets
sings a record
in his heart
fix it, fix it fix it
unjust as such mysteries are
believe
in high-pitched
wiry woods
reindeer-life /
bird-deaths reach
far inaudible
ranges
wet and cool
after clearing, dark
cafecito
~~~~~~~~~~
Jonathan Skinner’s poetry collections include With Naked Foot (Little Scratch Pad, 2008) and Political Cactus Poems (Palm Press, 2005). Skinner founded and edits the journal ecopoetics <http://www.ecopoetics.org>, which features creative-critical intersections between writing and ecology. His most recent essay, “Thoughts on Things: Poetics of the Third Landscape,” appears in the )((eco (lang)(uage (reader)) (Portable Press at Yo-yo Labs and Nightboat Books, 2010). Skinner teaches in the Environmental Studies Program at Bates College in Central Maine, where he makes his home.
“Blackburnian Warbler” full of their sounds, movements, so alive and all coming to pivot on your one word line “believe . . .” and I do. Thank you for your poetry.