When you find yourself in a hole, the first thing to do is stop digging.  Unfortunately, Vermont’s transportation agency keeps digging.  Vermont continues to push forward the unnecessary Circ Highway project – a new multi-million dollar ring road around Burlington, Vermont.   A federal court decision halted this project in 2004.  The mismanagement continues.  As a result, Vermonters suffer more traffic and more pollution. 

CLF has again shown cleaner, safer and lower cost transportation solutions are available.  With crumbling bridges and roads, budget-breaking deficits and increasing pollution, it is time to stop the madness.  Let’s not continue to push 1950s-era highway projects in the 21st century.  We can fix the roads we have, improve public transporation and rail and make safer routes for kids and others to get around.

Today, the Massachusetts Supreme Judicial Court decided to uphold the comprehensive permit for Cape Wind’s transmission lines issued by the state’s Energy Facilities Siting Board (EFSB)–a welcome and much-anticipated milestone for the nation’s first major offshore wind energy project. CLF has been actively involved in moving the ball forward on Cape Wind throughout its nine-year review and permitting process, and we’re thrilled that Cape Wind will finally have an opportunity to to move forward and provide Massachusetts with clean, renewable power.

Here’s what CLF Staff Attorney Shanna Cleveland had to say on the subject:

“The Court thoroughly reviewed the extensive record in this case and correctly concluded that the state siting board rigorously scrutinized the project and fulfilled its obligation to safeguard the public trust. Cape Wind will provide electricity without producing any harmful greenhouse gas emissions, and its clean energy benefits are expected to significantly outweigh its impacts. The Court’s affirmation of Cape Wind’s comprehensive state permit is a significant step on the path toward a clean energy future for New England and the nation.”

Check out clf.org for the full press statement>>

As the new school year approaches, students across New England reflect upon a summer’s worth of fun, events, and relaxation.  For many kids who live in or visit Vermont, Lake Champlain is central to summertime pleasure.  There are many ways to enjoy Champlain, thus plenty of reasons to keep it clean.  This was the idea behind the CLF drawing contest held at the Lake Champlain Maritime Festival.  The assignment read, “design a card that shows what you love about Lake Champlain and how to keep it clean”.  It was both exciting and heartening to see artistic young minds reflect upon what they valued about Lake Champlain and the environment.  A simple drawing contest such as this can go a long way, ensuring the next generation is engaged in environmental stewardship.  CLF would like to thank the Skinny Pancake and the Echo Center for donating prizes for this contest.  Here are our winners’ lovely drawings:

Audrey, Age 9 (South Burlington)

Kyla, Age 10 (Burlington, VT)

Harper, Age 6 (Bolton, VT)

Zoe, Age 10 (New Market, MD)

Gretchen, Age 7 (Waitsfield, VT)

Anika, Age 9 (Bethel, VT)

The ace web/online/blog/communications folks at CLF have installed the WordPress plug-in version of Online Leaf on this blog so if you are reading it and don’t do anything for a minute your screen will go black, reducing the electricity consumption of your computer.

Not a big deal but an important reminder of all the many little , medium, large and very large things we will need to do to fight global warming – and how the things we can do to aid that cause can also save us a bit of money at the same time.

News of an “unusual event” at a nuclear power facility is not comforting.  It is particularly troubling when no details are given, and the source is the same entity that has provided false and incomplete information in the past.

What is clear is that there are continuing problems at the Vermont Yankee nuclear facility.

CLF has called for the plant to be shut down now.  Leaks since January are continuing to pollute our environment and harm our economy.

CLF recently submitted detailed legal analysis showing that Vermont regulators have the authority and the obligation to take action in response to the leaks. 

Let’s STOP the “unusual events.”  Enough is enough.

By now, you’ve probably heard a thing or two about the Circ, a proposed frivolous $60 million dollar highway project that threatens to rip through some of our state’s most pristine farmlands and wetlands. It’s unnecessary and destructive—and there are cheaper and cleaner alternatives.

What you may not have heard is that fewer than 20 people (according to the Burlington Free Press) have submitted comments voicing their opinion. No, that’s not a typo. Fewer than 20 people have spoken up about the Circ. We need to change that, and we need to change it now.

Here’s what we need you to do:

1. Submit a comment online against the proposed highway before the Friday, August 27 deadline.
2. Share this blog post via Twitter and Facebook with your family, friends and neighbors, asking them to submit a comment.

Not sure what to say in your comment to decisionmakers? Feel free to copy and paste the sample comment below:

The proposed Circ project is a bad idea for Vermont. The Circ will contribute harmful greenhouse gases, destroy farmlands and fragile wetlands, limit transportation choices, increase congestion—all while providing little benefit in travel time saved. Fixing existing roads and providing alternatives to driving—like freight rail, buses, carpooling and bike lanes—is cleaner, cheaper and more effective than the proposed Circ Highway project.

Comments are due by August 27—that’s this Friday! So please don’t wait. Our decisionmakers are listening, and we need as many people to speak up as possible. After you take action, please share this blog post far and wide to help get the word out.

Thank you for helping us put the breaks on the Circ project: Vermont deserves better!

Click the “like” button below to share this post on Facebook.

“It was the best of times, it was the worst of times.”

That opening line from Dickens’ classic A Tale of Two Cities ran through my head last week as I had two very different experiences of Lake Champlain, the 6th largest freshwater lake in the lower 48.

On Saturday, CLF participated in Burlington, Vt’s Lake Champlain Maritime Festival.  Visitors from Canada, outlying towns in Vermont, and many of the 50 states descended on the waterfront for fun in the sun along New England’s “west coast.” Festival goers had a chance to take sailing lessons and inspect old-style guide boats and other watergoing vessels from the Lake’s past.  By day, the sun shone on the broad blue Lake with its breathtaking vistas of the Adirondack Mountains in New York.  And by night great music from the likes of Grace Potter and the Nocturnals echoed across the waterfront.  Although they may not have known it, many of the festival goers also had a chance to drink water from the lake as it serves as the main public drinking water source for 250,000 people in the greater Burlington area.

The festival was exactly the kind of event that highlights the Lake as a recreational, cultural, and economic resource for Vermonters and those who come to visit.  It was a “best of times” moment for our great Lake. 

But less than two months ago, in the midst of the summer’s worst heat wave, the same waterfront exploded with foul blue-green algae blooms that turned the water a nasty shade of slimy green.  The Burlington Free Press has an depressing gallery of photos here. 

And that brings me to the “worst of times” moments from last week. 

On Tuesday, members of the St. Albans Bay Area Watershed Association invited me to come see the foul water quality that has been plaguing the Bay for most of the summer.  I drove up to St. Albans, roughly 30 miles north of Burlington, to meet with three local residents–a retiree, a high school principal, and a state police officer–who are both maddened and saddened by the plight of St. Albans Bay.

A blue-green algae scum fouls and discolors the mostly-deserted waters of St. Albans Bay near a spot that used to average 50,000 visitors a summer before algae blooms like this became a regular experience

They took me on a tour of the watershed, an area that has become dominated by industrial-scale dairy farming responsible for spreading millions of gallons of liquid manure each year onto farm fields that eventually drain into the bay.  The excess nutrients in the runoff from those fields fuel the blue-green algae that choke the life out of the Bay, depressing area businesses and property values.  Forget the image of cows grazing happily on green fields with a red barn in the background.  The cows on these farms were packed tightly into low, single-story barns that look more like warehouses. 

The group took me to the waterfront St. Albans Bay Park.  The bright-green, scummy water I saw is pictured at left.  It was a blistering hot day, but no one was using the beach or even thinking about swimming.  The ice cream parlor on the park’s edge had no customers and the convenience store looked pretty slow too.

One of my tourguides, who used to take his kids swimming there all the time in the 80s, told me that the park was once a major destination for Canadians who would drive south to bask on the Bay’s calm beaches–bringing their tourist money with them.  But annual visits to the park–once as high as 50,000 people per summer–have dropped to less than 5,000 as water quality has declined. 

Vermont cannot and will not prosper as a state if we continue to tell this tale of two lakes.  The Maritime festival highlights what a tremendous asset a clean lake is and can be.  Yet one wonders what would have happened if the festival was scheduled for earlier in the summer when the water near Burlington looked much as the water in St. Albans did last week.  The experience of depressed property values and economic decline in St. Albans Bay highlights what we stand to lose if we don’t stem the pollution flowing to all sections of the Lake.  We cannot tolerate a situation where you have to check a Department of Health web site to see the status of blue-green algae blooms in the part of the Lake you are planning on visiting.

Whether the problem is pollution from poorly-run megafarms, fouled runoff from big-box parking lots, or inadequately treated sewage, CLF’s Lake Champlain Lakekeeper is committed to restoring and maintaining the best of times all the time and everywhere in Lake Champlain.

Earlier today in Rhode Island, the Public Utilities Commission (PUC) approved the Deepwater Wind/National Grid Power Purchase Agreement (PPA) for the construction of an eight-turbine wind farm in Block Island Sound, denying CLF’s Motion to Dismiss.

Here’s what CLF’s Rhode Island Advocacy Center Director Tricia Jedele had to say about the decision:

Today’s ruling was inevitable, a result dictated by the legislature in a law defined so narrowly that it could have only one outcome. Unchallenged, this law and the accompanying PUC decision set precedent that will only undermine the efforts to build a future for renewable energy in Rhode Island. The failure to allow the PUC any discretion in its decision-making is the very basis of CLF’s Separation of Powers argument, which we are likely to appeal to the Supreme Court.

The Deepwater Wind project in Block Island Sound first met with problems in April 2010 when its Power Purchase Agreement (PPA) with National Grid was rejected by the PUC on the grounds that it was not commercially reasonable. Rather than appeal the decision, Deepwater, with the support of the Governor and the legislature, sought to do an end run around the review process and rewrite the rules to produce a different outcome the second time around. CLF, a longtime champion of renewable energy done right, was one of the first to challenge the moves as unlawful, unfair and a terrible precedent. CLF contended that the amended law was designed to favor one project and one developer, creating an unlevel playing field that would make it impossible for developers to compete successfully for future projects.

“Renewable energy is too important to this state to do it in a way that could threaten its chances for success,” Jedele said at the time.

In July, in advance of a second review of the PPA required under the amended law, CLF filed a Motion to Dismiss, arguing that the PUC should not review the amended Power Purchase Agreement because the law violates the Constitutional doctrine of separation of powers, and the provision which requires that “all laws be made for the good of the whole.” CLF also argued that even if the PUC were to proceed, it could not review the PPA because the doctrine of res judicata bars litigation of a claim that has already been litigated between the same parties.

Recent industry legal action to prevent the regulation of greenhouse gas (GHG) emissions is an eye-opener suggesting a slash and burn strategy that threatens to undo years of successful regulation of air pollution under the Clean Air Act.  Various industry trade groups including the American Chemistry Council, National Association of Manufacturers and American Petroleum Institute are waging a full scale war to prevent regulation of GHG emissions and recently initiated a coordinated, broad and covert legal attack (with no press or public outreach) on EPA’s permitting authority.

On July 6, the coalition of industry groups filed 12 similar legal petitions challenging not only EPA’s authority to regulate GHGs, but also the fundamental underpinnings of EPA’s 30 year old permitting program for large emitting facilities.  These appeals present a clear and unequivocal message to EPA and the public: try to impose reductions in GHG emissions and we will attack the core of the greenhouse gas regulations adopted in response to the Supreme Court’s decision in MA v. EPA and EPA’s ability to regulate large emitters through its preconstruction (PSD) permitting program in the first instance.   With a key message like that—tone deaf to public awareness and concern about climate change—no wonder the industry trade group petitioners did not seek publicity.

Recent statements from Senator Murkowski suggest that she and her allied colleagues have been briefed and support this strategy.  According to Politico.com,

Key coal-state Democrats and nearly all Republicans are also unified in their bid to slow down the EPA via legislation – and they’re determined to force a series of votes on the issue before the next big suite of rules start kicking in next January.

“You attack it at all fronts,” Sen. Lisa Murkowski (R-Alaska), a leading advocate for stopping the EPA, told POLITICO. “You go the judicial route. You go the legislative route. I think this is important to make sure we are looking at all avenues.”

CLF is intervening (co-represented by attorneys from the Clean Air Task Force) along with other environmental groups in these recent challenges as well as several prior challenges to EPA’s authority to regulate GHGs. The vehemence of these positions, and the obvious coordination among a broad cross section of industries to prevent regulation of GHGs, unfortunately suggest that US policy on climate change will not be advanced through bottom up, traditional legislative initiatives in Congress.

As Bill McKibben asserted in Tomdispatch.com,

If we’re going to get any of this done, we’re going to need a movement, the one thing we haven’t had. For 20 years environmentalists have operated on the notion that we’d get action if we simply had scientists explain to politicians and CEOs that our current ways were ending the Holocene, the current geological epoch. That turns out, quite conclusively, not to work. We need to be able to explain that their current ways will end something they actually care about, i.e. their careers. And since we’ll never have the cash to compete with Exxon, we better work in the currencies we can muster: bodies, spirit, passion.

The time has come to knock the halo off of the heads of the obstacles to progress and quality of life.  While the old way of making power, combusting decomposed carbon–based life forms (i.e., fossil fuels) contributed to prosperity and improvement to quality of life through 20^th century industrialization; we are facing a much different earth and atmosphere.  Unchecked burning of fossil fuels and emissions of GHGs are detracting from our quality of life and will continue to do so for decades after they are emitted.   The coal-fired power plant near you is not your friend; its day to day activities are undercutting your health, environment, economy and well-being for no good reason except for its tenacity in resisting beneficial change.