As the public hearings on the MBTA’s proposals for fare hikes and service cuts continue across the Commonwealth, Massachusetts Transportation Secretary Richard Davey is telling the media that he’s hearing that  T riders would rather pay more than have their service cut. Speaking on behalf of Transportation for Massachusetts (T4MA), CLF staff attorney Rafael Mares said that Secretary Davey’s remarks are disappointing, if not surprising, given the false choice the MBTA has given transit users.

Mares  said, “The MBTA has backed transit users against a wall, asking them to choose between two unacceptable scenarios. A fare increase may seem like the lesser of two evils to those who have a choice. But, what about those who can’t afford the increases and won’t be able to get to their jobs, or school, or a doctor’s appointment because they rely on public transportation? The MBTA has created a false choice between draconian service cuts and drastic fare increases. The reality is it’s a lose-lose situation for transit users and Massachusetts. If Secretary Davey is hearing a chorus of ‘I would rather pay more but not cut the service,’ it wasn’t singing at any of the hearings we’ve been attending.”

Mares continued, “The proposed fare increases and service cuts are unfair and only a band-aid. The MBTA’s proposals give the legislature a free pass, balancing the books solely on the backs of the riders. These proposed measures will push people off the T and into their cars, or leave them without any transportation at all. We need long-term solutions that share the burden of a working transportation system among everyone who benefits from it, which is to say everyone in Massachusetts. T4MA is calling on the legislature and the administration to immediately identify funds to reduce the T’s projected deficit and develop adequate, sustainable funding for transportation so we’re not repeating this conversation again next year.”

To read a copy of the original statement, click here.

Breaking News: In response to today’s decision by the U.S. District Court that Vermont Yankee may continue operation beyond March 2012, Sandra Levine, a senior attorney in CLF’s Vermont office said, “This is a setback for Vermont and a setback for clean energy.  This decision forces Vermont to prop up an old, polluting nuclear reactor, and its untrustworthy owners. This matter will likely go back to the Vermont Public Service Board.  We hope they will confirm that Vermont Yankee has outlived its useful life and is ready to retire.  It is time to end Entergy’s legacy of broken promises and lackluster oversight.  Vermont is ready to join New England’s move away from obsolete, dirty, power plants and lead the region in its transition to clean, renewable energy. We hope the State will appeal the Court’s decision and seek to affirm its right to determine its energy future.”

A little background on a long-running case: By the terms of a Vermont law passed in 2006, as well as the 2002 approval of the sale of Vermont Yankee, and a 2002 express agreement with Entergy, approval by Vermont is needed for the plant to continue to operate after 2012. In 2002, the Vermont Public Service Board approved the sale of the Vermont Yankee facility to Entergy.  The sale included an agreement by Entergy not to operate the plant after 2012, when its license expires, without obtaining regulatory approval from the Vermont Public Service Board. Concerned about whether it would be good for Vermont if Vermont Yankee to operated past 2012, the Vermont Legislature passed a law in 2006 requiring approval of the Legislature before the Public Service Board could issue a new license. In 2008 and 2009 proceedings were underway at the Public Service Board to consider a license extension.  In an historic vote in 2010 the Vermont Senate declined approval.  In April 2011, Entergy filed a lawsuit in U.S. District Court challenging Vermont’s authority to regulate and license the power generation facilities operating in the state. Conservation Law Foundation and Vermont Public Interest Group (VPIRG) later intervened on Vermont’s side in the lawsuit. For a complete timeline of the activities leading up to today’s decision on Vermont Yankee, click here.

Zak Griefen

CLF is pleased to welcome Zak Griefen, a Vermont native and former litigator for Cheney, Brock and Saudek, in the newly created role of environmental enforcement litigator. Based in CLF’s Vermont office, but working on cases throughout New England, Zak will be focused initially on cleaning up our region’s inland and coastal waters by ensuring that polluters are aware of their Clean Water Act permitting requirements and bringing federal litigation when necessary. The environmental enforcement litigator position was created to hold polluters accountable for the violations of environmental regulations—Clean Water Act and others—that are rampant across New England, compromising our region’s health and the health and safety of our citizens.

Zak has a BA from the University of New Mexico, and earned his JD, cum laude, and Master of Studies in Environmental Law, magna cum laude, from Vermont Law School in 2005, where he was an editor of the Vermont Law Review. Admitted to practice in VT and MA, he served for two years as clerk to the judges of the Vermont Environmental Court, and then practiced civil litigation in Montpelier, where he lives with his wife and two children. Zak, who served as a summer intern at CLF in 2004, is an avid angler and is particularly interested in protecting healthy streams and promoting sustainable land use.

A new report released last week by Transportation for Massachusetts, a broad coalition of which CLF is a founding member, details the origins and scope of the transportation financing crisis in Massachusetts. Written as a primer to achieve better understanding among decision-makers,  taxpayers and transportation users, “Maxed Out” provides illuminating background amidst an increasingly urgent call for solutions to one of the Commonwealth’s most pressing problems.  The report emphasizes that the lack of revenue to maintain the Commonwealth’s transportation system in its current condition, let alone meet future needs, jeopardizes jobs, the environment, and the quality of life across the state.

The report details how the state’s long dependence on borrowed money unsupported by new revenue to pay off the debt has left all pieces of the state’s transportation network increasingly unable to fund operations, maintenance or construction projects.  Citing a recent analysis by the Transportation Advisory Committee to MassDOT, the report states that “45 percent of the combined annual operating budgets of MassDOT and the MBTA will go to pay off debt, not to operate and maintain current systems, let alone expand them.”

The release of “Maxed Out” and another transportation financing analysis also released last week by the non-partisan think tank, MassINC, follow recent remarks by Lt. Governor Tim Murray that “everything is on the table” when it comes to solving the transportation financing problem in the state.

You can find a summary of “Maxed Out’s” findings in the press release, or download the full report here.

Credit: A Armstrong

Are you tired of waiting (and waiting and waiting) for the Green Line Extension to be built? Join CLF, the mayor of Somerville,  Joseph A. Curtatone, and other supporters of the Green Line Extension for a mock groundbreaking on Thursday, October 20, 2011 at 6pm in front of Somerville High School.

We are gathering to let the Patrick Administration know that we want them to stop the repeated delays and deliver on their legal commitment to construct the Green Line extension.  The Legislature has already authorized bonds to construct the Green Line Extension from Cambridge to Somerville and Medford and the Somerville Community Path.  The project will serve a community that has been dissected by a major highway (I-93), suffers from disproportionate air pollution, and lacks adequate public transportation. However, this summer, the State announced that it will again delay the construction of the Green Line Extension, by another four to six years, without providing any clear explanation why.

Public transportation projects in Massachusetts are chronically underfunded, despite the evidence that investment in a good transportation system creates jobs, boosts economic growth, reduces greenhouse gas emissions, increases energy independence, and improves quality of life for transit users and drivers alike. Still, funding for public transportation, bike paths, and sidewalks has never been strong enough, and continues to diminish rapidly.  Come stand with your fellow citizens and let our political leadership know that we want a modern, safe, accessible transportation system that works for Massachusetts.

Immediately following the rally, we will take our numbers inside to attend the public hearing regarding the delays on the Green Line Extension to be held at Somerville High School beginning at 6:30pm.

Bring your friends and show your support for the Green Line Extension and for better public transportation in Massachusetts!

For more information about the rally, click here.

Merrimack Station Coal Plant. Photo credit: flickr/Jim Richmond

New England’s old coal-burning power plants don’t just pollute the air. With their obsolete cooling technology, they also create havoc in the water bodies on which they reside. To control heat from the coal-combustion process, these coal plants draw millions of gallons of water daily into their antiquated cooling systems, killing the aquatic life that gets sucked in with it, and then discharge the super-heated, chemical-laden  water back into the fragile rivers and bays, where it creates untenable living conditions that destroy native fish and other species.

Under decades of pressure from CLF and other organizations, EPA has tightened its regulations around water intake and discharge at the region’s coal plants. At the GenOn Kendall Power Plant in Cambridge, MA, as a result of a lawsuit brought by CLF and the Charles River Watershed Association, EPA required last February that the plant owner, TriGen Corporation, build a “closed-cycle” cooling system that will reduce the water withdrawal and discharge of heated water into the Charles River by approximately 95%. Brayton Point in  Fall River, MA will finish construction of its new cooling towers in 2012, dramatically reducing its harmful impacts on Great Hope Bay.

Today, in another giant step forward, EPA issued a draft NPDES permit for Merrimack Station in Bow, NH, where heated discharge from the power plant’s old “once-through” cooling system has caused a 94 percent decline of the kinds of species that once lived in that part of the Merrimack River. CLF applauded the draft permit, which will require Public Service Company of New Hampshire (PSNH) to install and operate year-round a modern cooling system that will decrease the plant’s discharge of heated water by nearly 100 percent.

In a statement, issued today in response to the release of the draft permit, CLF called the requirements “long overdue.” Jonathan Peress, director of CLF’s Clean Energy and Climate Change program, said, “No matter what PSNH spends, it will not be able to turn this 50-year-old dinosaur into an economically-viable generating facility that benefits the people of New England. Still, as long as this plant remains in operation, it must comply with the law and we commend EPA for holding PSNH accountable.” Read the full statement here.

CLF President John Kassel (right) accepts check for a Clean Diesel project from EPA Region 1 Administrator Curt Spalding

CLF Ventures, Conservation Law Foundation’s non-profit consulting affiliate, has been awarded an EPA grant to help two New England charter fishing vessels reduce their diesel emissions. The project will repower four “tier 0″ marine engines on the vessels The Atlantic Queen, out of Rye, NH and The Captain’s Lady II, out of Newburyport, MA. Jo Anne Shatkin, PhD, CEO of CLF Ventures, said the funding will allow CLF to work with the two vessels to reduce their impacts on air pollution and greenhouse gas emissions and to reduce fuel costs.

EPA’s Clean Diesel projects help create and retain jobs, as well as reduce premature deaths, asthma attacks and other respiratory ailments, lost work days and other health impacts associated with air pollution from diesel engines. John Kassel, CLF president, accepted a check for $391,500 from EPA Region 1 Administrator Curt Spalding at a ceremony today in Boston. Read EPA’s press release here.

Just over a year ago, CLF and the Buzzards Bay Coalition sued the Environmental Protection Agency (EPA) in order to expedite the clean up of a nitrogen pollution scourge  on Cape Cod that was threatening the Cape’s bays and the local economy that depends on them. Today, CLF and the Bay Coalition filed a second lawsuit against EPA that focuses on the Agency’s failure to regularly approve and update a critical wastewater management plan that, if implemented, might have averted the crisis. CLF and the Bay Coalition’s actions seek to move the clean-up forward before it is too late.

In a press release, Chris Kilian, CLF’s director of Clean Water and Healthy Forests, said, “Cape Cod is on brink of ecological disaster. We need enforceable regulatory commitments to ensure that the clean-up happens before it is too late. The discussions of what solutions will work and how to pay for them are critical and must continue, but they can’t go on forever. We intend to hold EPA accountable for its obligations to review, update and enforce a working, time-bound plan to stop the flow of nitrogen-laden wastewater and stormwater into the Cape’s bays. It is the keystone of this clean-up effort.”

The parties will commence a mediation process known as Alternative Dispute Resolution on Wednesday, September 21 at EPA’s offices in Boston. The deadline for a resolution is December 6, 2011.

Read the full press release.

A new report released today indicates that a proposed Clean Fuels Standard could significantly strengthen the economy and boost energy self-sufficiency in the Northeast and mid-Atlantic by saving Americans billions in personal disposable income, bringing in billions more for participating states, and creating up to 50,000 jobs per year.

The analysis, conducted by the Northeast States for Coordinated Air Use Management (NESCAUM) on behalf of 11 northeast and mid-Atlantic states, shows that creating a Clean Fuels Standard would help strengthen the region’s economy while reducing America’s reliance on oil and our exposure to volatile oil prices by supporting a clean energy economy here at home.

It enumerates multiple economic and environmental benefits the standard could deliver in the next 10 years, including:

• Creating up to 50,000 jobs annually
• Increasing personal disposable income in the region by up to $3.2 billion
• Growing our state economies by up to nearly $30 billion dollars
• Reducing our region’s dependence on oil by as much as 29 percent
• Reducing harmful air pollution that causes climate change up to 9 percent

Under a Clean Fuels Standard being considered, oil companies would make their fuels 10 percent cleaner on average when it comes to carbon pollution, allowing them to do this any way they choose (such as boosting sales of electricity for electric vehicles, advanced biofuels or natural gas). This means billions of dollars would be reinvested in the states to develop clean, local alternatives to gasoline and diesel – rather than sending them overseas.

CLF is encouraged by the report’s positive findings. Sue Reid, director of CLF Massachusetts, said, “The status quo of continuing to burn billions of gallons of gasoline and diesel fuels year after year is unsustainable on every level. With gas prices a dollar higher than this time last year, our region should seize on this good news that cleaner alternatives present real economic opportunity for the region. A Clean Fuels Standard provides a viable path to meeting our greenhouse gas reduction targets, and a way off of the fossil fuel roller coaster.”

Read reaction from other leading environmental and science organizations who support the Clean Fuels Standard here.