"The Gipper" explains why William Ruckelshaus (just behind him) is his choice to run EPA.

These days, Ronald Reagan is something of a hero to conservatives in Congress who see him as the champion of a smaller government with less taxes and low deficits (as numerous media have reported–the praise he earns on taxes and deficits often ignores the historical facts of his policies. you can read more about that here.)  Many of these modern-day Reagan-worshipers are the same folks who are behind the unprecedented assault on the Environmental Protection Agency, working to slash EPA’s budgets and deprive the agency of its authority to keep our air and water clean, and our nation’s people protected from the pollution hazards that threaten our health.

Since Ronald Reagan is resting in peace, we can’t ask him what he thinks about the present-day assault on the EPA.  But we can pay heed to the views expressed by William Ruckelshaus, the man that President Reagan and President Nixon entrusted to run the  EPA.  Writing in today’s Washington Post along with Christine Todd Whitman, former Republican Governor of New Jersey and former EPA Administrator under George W. Bush, these former cabinet members injected some much-needed nonpartisan perspective on the importance of a strong, science-based EPA into the debate:

Today the agency President Richard Nixon created in response to the public outcry over visible air pollution and flammable rivers is under siege. The Senate is poised to vote on a bill that would, for the first time, “disapprove” of a scientifically based finding, in this case that greenhouse gases endanger public health and welfare. This finding was extensively reviewed by officials in the administrations of presidents George W. Bush and Barack Obama. It was finalized by the Environmental Protection Agency in response to a 2007 Supreme Court decision that greenhouse gases fit within the Clean Air Act definition of air pollutants.

…

It has taken four decades to put in place the infrastructure to ensure that pollution is controlled through limitations on corporate, municipal and individual conduct. Dismantle that infrastructure today, and a new one would have to be created tomorrow at great expense and at great sacrifice to America’s public health and environment. The American public will not long stand for an end to regulations that have protected their health and quality of life.

You can read the entire op-ed by clicking here.

It’s time to remind EPA’s conservative congressional opponents of the role that Republican predecessors and the professionals they appointed played in building an EPA that has made our environment cleaner and our economy stronger, while improving and protecting public health. CLF is making that easy for constituents of Republican Senators Snowe and Collins in Maine and Scott Brown in Massachusetts–click here to find out more–and spread the word to your friends in other parts of the country.

The sun is shining in Vermont–literally and figuratively–during “Sunshine Week…a national initiative to promote a dialogue about the importance of open government and freedom of information.” CLF is celebrating Sunshine Week by supporting two major government transparency reforms making their way through the Vermont legislature.

PUBLIC PARTICIPATION IN ENVIRONMENTAL ENFORCEMENT H.258

For more than a decade, CLF has been trying to shine a light on the behind-closed-door process for environmental enforcement in Vermont and to give affected members of the public a voice in the process.   In a 2008 case brought by CLF, the Vermont Environmental Court ruled that Vermont’s enforcement procedures were unlawfully depriving affected members of the public from notice of and an opportunity to comment on the backroom deals regulators strike with polluters before those deals get approved by the courts.  EPA subsequently agreed with this assessment.  It has provided the state with guidance on how to amend state laws to protect the public’s right to know about and participate in proceedings against polluters who damage our shared natural resources through their illegal activity.

This week, CLF’s efforts took a major step forward when the Vermont House Natural Resources and Energy Committee gave unanimous support to a bill proposed by the Vermont Agency of Natural Resources-H.258. Though not perfect, the bill goes a long way toward giving citizens who have suffered the effects of illegal pollution a role in the enforcement process.  Kudos to reporters Shay Totten at 7 Days (his stories are here and here) and Candy Page at the Burlington Free Press (her coverage here) for bringing this story the attention it deserves.  In a positive editorial today, the Free Press editorial board wrote:

An agreement between the state and polluters sealed behind closed doors might be more efficient, but that efficiency comes at the expense of transparency and true accountability.

…

The bill to open all environmental violation settlements to public scrutiny and challenge before final approval once again shows there’s much about government that can be fixed by increasing openness.

A vote by the full House is scheduled on Tuesday of this week.  Show your support for greater openness and public participation by contacting your local Vermont representative and them to vote for H.258.

STRENGTHENING VERMONT’S FREEDOM OF INFORMATION LAW H.73

CLF is also pleased to be working in a coalition of groups seeking to strengthen Vermont’s Freedom of Information laws.  CLF, along with the American Civil Liberties Union of Vermont, the Vermont State Employees Association, the Vermont Press Association, and others committed to open government testified in support of H.73.  The bill would strengthen citizen enforcement of public records laws in cases where government officials unlawfully prevent the public from seeing public documents.  The most important feature of the bill would ensure that those unlawfully denied access to records will recover their attorney’s fees when they successfully argue in court that the government was wrong to deny access.  This would be a major deterrent to government secrecy.  The bill also ensures that most private contractors performing governmental functions also have to comply with public access laws.  The ACLU has been a leader on this important effort and its full summary of the bill’s open-government reform can be found here.

We cannot solve Vermont’s environmental problems without effective enforcement of our environmental laws, and we will not have effective enforcement without greater government transparency.  Let the sun shine!

Since the Douglas Administration’s controversial 2009 rule allowing ATV use on state lands, CLF and a coalition of citizens and partner organizations have been fighting to restore protection of state lands from the environmental damage and public safety risks posed by expanded ATV use.  In an exciting development last week (you can read about it here and here), Governor Shumlin’s new leadership team at Vermont’s Agency of Natural Resources took the first steps toward putting the brakes on the 2009 rule by starting a new process to repeal the ATV Rule.  CLF needs your help to ensure that Governor Shumlin and Secretary Markowitz follow through on this important campaign-trail promise and withstand the pressure from ATV clubs.

• Call the Governor and Secretary Markowitz and leave a message thanking them for starting the process to restore protections for sensitive state lands and ask them to follow through by reversing the Douglas Administration’s ATV Rule

Governor Peter Shumlin’s Office: 802-828-3333
Secretary Deb Markowitz’s Office: 802-241-3600

Please Join CLF and our many organizational partners, including VPIRG, VNRC, VT League of Conservation Voters, Democracy for America, and Toxics Action Center, at the Vermont Environmental Action 2010 Conference.

What: Environmental Action is the largest grassroots activism conference in the state of Vermont. The conference provides an excellent opportunity for environmentalists, community leaders, and local activists to come together, learn from experts, and network with one another. This year the conference will have 26 workshops on a wide range of environmental issues and organizing skills from Using Free Internet Tools for Online Organizing to How to Bring Solar to Your Community.

Where: Vermont Technical College, Randolph, VT

When: 8:30-5:30

You can register online here.

If you come, please drop by my workshop at 3:15

The following are excerpts from Wendell Berry’s essay “Thoughts in the Presence of Fear,” published in 2001 in reaction to the tragedy of 9/11 and its aftermath.  Nine years later, his “thoughts” still ring true.

XXIV.  Starting with the economies of food and farming, we should promote at home and encourage abroad the ideal of local self-sufficiency.  We should recognize that this is the surest, the safest, and the cheapest way for the world to live.  We should not countenance the loss or destruction of any local capacity to produce necessary goods.

XXV.  We should reconsider and renew and extend our efforts to protect the natural foundations of the human economy: soil, water, and air.  We should protect every intact ecosystem and watershed that we have left, and begin restoration of those that have been damaged.

…

XXVII.  The first thing we must begin to teach our children (and learn ourselves) is that we cannot spend and consume endlessly.  We have got to learn to save and conserve.  We do need a “new economy,” but one that is founded on thrift and care, on saving and conserving, not on excess and waste.  An economy based on waste is inherently and hopelessly violent, and war is its inevitable byproduct.  We need a peaceable economy.

(2001)

You can read all of Wendell Berry’s “Thoughts” in his book “Citizenship Papers” published by  Shoemaker and Hoard.

“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.

There’s nothing like a major summer heat wave to help you appreciate the value of rivers, lakes, and ponds that are safe for swimming.  Like the massive herds of animals that you see on nature shows congregating by a communal watering hole, we all have a primal urge to be submerged in cold, clean water as a cure for oppressive summer heat.

Thanks to the Clean Water Act, many of our nation’s waters are once again safe for swimming most of the time.  But sadly there are still many lakeshores, oceanfronts, and riversides close to major population centers where high bacteria levels and noxious algae often make swimming unattractive and unsafe.

A blue-green algae bloom fouls the Charles River, making it off limits to swimming

All across New England, from Cape Cod to Lake Champlain, wastewater pollution, polluted runoff from parking lots and streets, and manure and other wastes from farming operations fouls water quality, depriving overheated New Englanders of the chance to safely cool off by taking a dip in their neighborhood waterway.  Ironically, the same hot weather that makes us hanker for a refreshing swim can exacerbate pollution problems by stimulating the growth of harmful algae that can make swimmers sick.

It isn’t supposed to be this way! When Congress passed the Clean Water Act in 1972, it set a national goal of restoring all of our nation’s waters to safe-swimming status by 1983 and provided funding, permitting, and enforcement programs designed to achieve those goals.  Though the Clean Water Act has helped us make long-overdue progress toward that goal, our national commitment to properly funding and enforcing this fundamental law has waned along with water quality in many places.

Last night the heat was so bad in my un-air-conditioned home I had to get out for a swim.  Even though there are several stretches of the Winooski River running through my small city of Montpelier, Vt. where water flow and depth conditions would make for nice swimming, I know too much about the untreated pollution that runs off  city streets right into the river to walk down to the Winooski for a swim.  Instead, I had to jump in the car and drive a round-trip of 30 minutes into the countryside to find the clean-water relief I was seeking.  I’m lucky in this regard, because many New Englanders in more densely populated areas would have to drive farther to find a clean swimming hole even though, like me, most have another waterway that could be made–and by law is supposed to be–safe for swimming much closer to home.

By allowing regulators and policymakers to underfund and underenforce Clean Water Act programs, we are forfeiting one of our most valuable natural assets–safely-swimmable waterways.

At CLF, we are committed to achieving the national vision of restoring and protecting all our waters so they are safe for swimming and fishing–including our urban waters that flow through sweltering cities where people are most in need of a more carbon-neutral alternative to air-conditioned cooling off.  Our country still has much work to do on this public health/public happiness issue.  The heat wave is a reminder of why that work is worth doing.  To learn more about CLF’s clean water efforts for New England, please visit our web site.

Millions of music fans the world over cheered last year’s news that the band Phish was getting back together and heading on the road for another one of their epic tours.  CLF was cheering too.

For close to a decade, Phish’s charity–the Waterwheel Foundation (and check them out on Facebook)–has been a strong supporter of CLF’s work to clean up New England’s waters.  Phish has focused much of the giving on CLF’s Lake Champlain Lakekeeper initiative.  With strong Vermont roots, the band clearly understands how important protecting and restoring New England’s “Great Lake” is to the state’s overall environmental health.  And the band also understands how important a group like CLF is when it comes to championing that cause.

Waterwheel raises money to support groups like CLF in two ways.

• the band has donated royalties it gets from the sale of Ben & Jerry’s Phish Food Ice Cream.  That’s right, “Phish Food” no longer needs to be a guilty pleasure for you.  Next time you house a whole pint in one sitting, just remember that you are doing your part to help the environment
• the band also invites groups like CLF to work its Waterwheel Merchandise tables at its different shows.  The proceeds from sales of exclusive Phish merchandise, including rare autographed posters, and organic tee shirts and hoodies, go to support the charities who work the tables.

CLF is honored to have been invited to work a table again on this year’s tour.  This Tuesday evening, we’ll be at the Comcast Center Show in Mansfield, MA. Happily for Phish, the show is sold out.  If you are one of the lucky ones with a ticket, please consider dropping by the Waterwheel table at the venue to say hi to me and the other CLF volunteers who are teaming up with Waterwheel to support CLF’s work on behalf of New England’s clean water, clean air, healthy forests, oceans, and communities.

From the first time I heard a BP official (May 3, 2010 on NPR)  promise to pay “all legitimate claims” arising from the massive “Deepwater Horizon” discharge of oil into the Gulf of Mexico, my mind turned immediately to the epic legal drama that unfolded in the poisonous wake of the Exxon Valdez tanker disaster.

In the press and during Congressional hearings, BP officials have been extremely disciplined in their undeviating use of this phrase to describe BP’s alleged readiness to pay its fair share (let’s remember that Halliburton and other oil industry contractors are also responsible for this mess) of the financial damages caused by the oil plume emanating from its drilling operation.  Putting aside the issue of whether the full extent of the damage this disaster is causing can ever truly be measured in dollars and cents, it doesn’t take a lawyer to figure out that the phrase “all legitimate claims”–a reasonable enough sounding frame–could give defense attorneys a lot of wiggle room in deciding which claims to pay and which claims to fight.   If BP takes a page out of the Exxon playbook and decides to fight, there’s a good chance that BP will pay pennies on the dollar for those claims that it ultimately determines to be legitimate.

NOAA scientists cleanup and study oil as the Exxon Valdez tanker's breached hulk spews oil into Prudhoe Bay

In case you’re wondering, BP’s profits from the first quarter of 2010 alone were nearly 5.598 BILLION–an increase of 135% over first quarter of 2009 according to BP’s own figures.  That kind of money can buy you the most aggressive defense attorneys in the country–the likes of which lost the first Exxon Valdez trial, but then won the 20-year long legal war of attrition that followed.  Exxon’s endless appeals dragged out payment of and–with the help of a corporation-friendly Supreme Court majority–ultimately dwindled down the amount of damages awarded to fishermen, natives, and others whose livelihoods suffered or were destroyed by the Valdez disaster. 

If you want a preview of where things could be headed if BP does decide to dig in its heels, there are at least two great books on the Exxon disaster that are worth reading.  David Lebedoff’s Cleaning Up: The Story of the Biggest Legal Bonanza of Our Time focuses on the known facts surrounding the Exxon disaster as they were argued at trial and tells the heart-wrenching story of the victims, the perpetrators, and the lawyers that represented them on both sides of the issue.  Dr. Riki Ott’s book Not One Drop– Betrayal and Courage in the Wake of the Exxon Valdez Oil Spill covers some of the same ground, but brings a broader scientific and socio-political context to the events that led to and followed the Valdez disaster.  Hers is a compelling indictment of the whole legal and political system surrounding oil extraction that has been designed for and in large part by the oil companies themselves.

As we continue to watch helplessly as the Deepwater Horizon debacle unfolds, it’s important to revisit the Exxon Valdez spill and its tortured legacy.  Regardless of what happens in the legal battles to come, both disasters–and the growing menace of climate change that is literally fueled by our seemingly insatiable appetite for oil–make the most compelling case in the Court of Public Opinion for truly getting “Beyond Petroleum.”  We are all members of the jury in that case.  How will you vote?