Photo courtesy of NRCM

At a press conference held yesterday, CLF and our colleagues at the Natural Resources Council of Maine (NRCM) shined a spotlight on 50 bad bills that are now working their way through the state Legislature. If passed, these bills could:

• Open up the three million acres of the North Woods to development
• Repeal the ban on BPA and flame retardant chemicals that are hazardous to our health
• Allow big polluters to not be held accountable for cleaning up their own mess

A list of those bills is here, as are some media clips from Maine Public Broadcasting Network, the Portland Press Herald and the Lewiston Sun Journal related to yesterday’s conference.

The assault on Maine’s environmental protections continues, and we will continue to fight back—but we need your help. If you haven’t already, please add your voice to the effort by contacting your local legislator, submitting a letter to the editor to your local paper, or by becoming a member of CLF.

This has been a busy week for CLF, as we continue to respond to the ongoing efforts of the LePage Administration to weaken Maine’s environmental protections. On Monday, February 14, immediately prior to the scheduled public hearing on the LePage proposals, the LePage Administration submitted an actual bill, LD1, that encompassed some but not all of the proposed “reforms.” The public hearing immediately following this announcement, held by the Legislature’s Regulatory Reform Committee, was attended by hundreds of opponents, including many members of CLF. At the hearing, CLF Maine Director Sean Mahoney submitted testimony to the Committee criticizing any attempts to drive a wedge between strong environmental protections and a vibrant economy. It is imperative that this Administration understands that much of Maine’s economy is built on its unique environment and quality of place.

At a separate press event at the State House on the same day, CLF Maine Board Member Hoddy Hildreth lent additional words to the CLF cause, stating his opposition to the rollbacks and calling the attempt to revive the false choice between pickerels and payrolls “hogwash.”

What now? CLF has filed additional requests to the Governor’s office and the Department of Environmental Protection under the Freedom of Access Act in connection with the new bill, LD1. Many of the original proposed “reforms” will now be the subject of separate bills that will be presented later in the session, and CLF will be providing updates as we get information.  An initial public hearing on LD1 is now scheduled for February 24 at the Cross Building at 10 a.m. We invite you to join CLF and our allies at this hearing, and show the Administration that the environment is important to the people of Maine.

The LePage Administration appears to be failing its first formal test of what it claimed would be the most transparent administration in Maine’s history.

In response to a request we filed at the end of January under the Freedom of Access Act for documents related to Governor LePage’s so-called Regulatory “Reform” Proposals, the LePage Administration has stated that it would not provide any documents generated during the transition period for the new Administration, but only those documents generated after the January 5 inauguration. The announcement is in direct conflict with Maine’s Freedom of Access Act and relevant court decisions.

CLF seeks documents related not only to the proposals which threaten to eviscerate four decades of laws and regulations that benefit both the environment and economy of Maine, but also documents related to the “red tape” meetings organized by the Administration and business interest groups in December and January and the nomination of DEP Commissioner Darryl Brown.

“If they didn’t consult with Mr. Brown on these proposals, the vast majority of which are directed at the department he was to lead, then who did they consult with?” asked Sean Mahoney, director of CLF Maine. “It appears to us by the nature of many of these proposals and the document itself, that many of the proposals represent the wish list not from Maine residents or businesses, but out-of-state corporations and trade organizations.”

The Administration’s position is not only counter to its professed goals of transparency and putting people before politics but is legally unsupportable under the clear language of Maine’s Freedom of Access Act and as interpreted by the courts.  If they fail to change their position, CLF will take the fight for transparency and full disclosure to the courts. More >

Any doubts that Maine’s new Governor Paul LePage is intent on rolling back decades of environmental protections were put to rest this week with the release of Phase 1 of the governor’s regulatory “reform” (rollback) proposals. The proposals are sweeping in nature, including:

• Requiring at least  3 million acres in the North Woods be zoned for development without any of the current protections against sprawl;
• Weakening the legal standard for reviewing decisions by agency professionals;
• Repealing the requirement that used hypodermic needles be shredded before disposal.

CLF has decried the proposals, as have the Natural Resources Council of Maine, Environment Maine and the Maine League of Conservation Voters, who called them “reckless and appalling.” The Bangor Daily News summed it up well in the title of its January 25 editorial, “Moving Maine Backward.”

The proposals focus extensively on the Department of Environmental Protection and the laws and regulations it is responsible for implementing. For instance, the governor proposes to abolish sound recycling policies, reverse a ban on the toxic, cancer-causing chemical BPA, remove a minimum penalty amount for violators of environmental laws, allow construction in sensitive sand dunes, and weaken water quality measures.

As the Environmental Roundtable should have made clear to the governor last week, a healthy environment protected by science-based rules and regulation is treasured by the people of Maine and essential to the state’s economic future.  But apparently this governor has not yet figured out that he governs for all the people of Maine (and not just the 38% of the voting population who supported him) and that he certainly has not been given a mandate to dismantle four decades  of sound environmental regulations.  The proposals are clearly the wish list of a few select special interest groups that have dominated  this new administration.

The proposals will be the foundation for the series of public meetings being held by the Legislature’s Joint Select Committee on Regulatory Fairness and Reform, the first of which was held earlier this week in Presque Isle, and will be the basis for the first bill of the session, LD1, “An Act to Ensure Regulatory Fairness and Reform.”

People who care about Maine’s environment, who understand that a strong and healthy environment is necessary for a strong and healthy economy, need to stand up and make their voices heard by the governor.  Phone calls, letters, emails to the governor’s office and to legislative leaders are critical, as is a strong turnout at the remainder of the regulatory reform hearings.  Before this train leaves the station, we need to do all we can to try and keep it from going off the rails.

The following op-ed was written by CLF Maine Director Sean Mahoney and published on Saturday, December 18 in the Portsmouth Herald.

On Monday, Dec. 20, a committee of the New England Fishery Management Council will meet in Portsmouth to continue the effort to develop a new management plan for Atlantic herring.

Atlantic herring are not only valuable as bait for lobstermen, but are a key forage fish for bigger fish and marine mammals such as striped bass, cod, tuna, dolphins and whales. The work of the council’s Herring Committee is critically important not just for the sustainability of Atlantic herring but for the continued viability of these other fisheries and tourism-related industries such as whale watching.

The Atlantic herring fishery is currently dominated by midwater trawling vessels. These vessels are large (up to 150 feet) and often fish in pairs, where their small-mesh nets the size of a football field, can be stretched between two boats. These small-mesh nets are efficient killing machines. The problem is they are also indiscriminate killing machines — any fish or marine mammal that is ensnared by the small-mesh nets is unlikely to survive, even if they are thrown back into the water after the nets are hauled on deck. These dead fish — referred to as bycatch or discards — include not just the fish that prey on Atlantic herring, such as stripers or haddock, but also the Atlantic herring’s cousins — alewives and blueback herring.

Alewives and blueback herring (collectively referred to as river herring) are anadramous fish — they are born in freshwater, spend most of their lives in the ocean, and then return to freshwater to spawn. The rivers of New England were teeming with river herring up to the 1980s. But in the last 20 years, their numbers have dropped precipitously. For example, until 1986 the number of river herring returning to spawn in the Taylor River averaged between 100,000 to 400,000 a year. But by 2000, that number had declined to 10,000 to 40,000 a year, and in 2006, only 147 river herring returned to the Taylor River. This is a tragedy for New Hampshire’s wildlife conservation.

The causes of the dramatic decline in the numbers of river herring include the fishing practices of the midwater trawl vessels. While at sea, river herring can often be found in the same waters as Atlantic herring and fall victim to the indiscriminate fishing practices of the midwater trawlers. In 2007, bycatch documentation showed that three times the amount of river herring was taken in one tow of one of these industrial vessels as returned that year to the Lamprey River, which boasts New Hampshire’s largest remaining population of river herring.

The meeting of the council’s Herring Committee will focus on management steps to curb this wasteful practice. Central to the success of any management effort must be a robust monitoring program, catch caps on river herring to serve as a strong incentive to avoid areas where river herring are known to aggregate and strong accountability measures to be applied when those catch caps are exceeded.

If river herring are to avoid the fate of Atlantic salmon — another anadramous species all but extirpated from New England’s rivers where they once teemed — a critical step is putting an end to the indiscriminate fishing practices of the midwater trawl boats pursuing Atlantic herring. All other efforts to improve the access to and water quality of the waters river herring spawn in are of little value if they are killed before they get there.

> Read more about CLF’s regional ocean conservation work

Sea Change.  Tsunami. Maelstrom.  Take your pick but the results of the mid-term election from an environmental perspective will bring an even more extreme and hostile approach to restoring, protecting and preserving our natural resources.  The change in Maine will be staggering – not once since the first comprehensive environmental statutes were passed in the 1970’s has there been a Republican governor and a Republican controlled Legislature.  And unlike the past leaders of the Republican party in Maine like US Senators Margaret Chase Smith and Bill Cohen or State legislators Horace Hildreth and Harry Richardson, today’s leaders of the Republican party have attempted to revive the old and false dichotomy of “jobs vs. the environment.”  At stake is the work of 40 years to provide a framework that allows Maine’s people and communities to thrive and protects Maine’s natural resources. We are in unchartered territory.

Governor-elect Paul LePage’s rhetoric on the campaign trail was alarmingly anti-environmental.  Beyond staking his election on dismantling Maine’s agencies tasked with safeguarding our environment, he has bluntly expressed support for offshore oil drilling in the wake of the worst oil spill ever experienced by our country.  He supports building wildly expensive new nuclear power plants.  Rather mind-numbing is the fact that he considers climate change to be at the least, subject to scientific debate if not outright denying it.  And he opposes sustainable  wind development.  Even more problematic is a pervasive sense that he simply doesn’t “get it” – doesn’t get the concept of sustainability, doesn’t get the economic value of a strong and vibrant environment and doesn’t get Mainers abiding conviction that ours is a unique state that merits strong efforts to maintain.

Willful ignorance may be trending in Augusta, but thoughtfulness  has a firm place in Maine’s culture. Those who are committed to a sustainable approach to managing our resources to benefit our people must now put the election behind us and focus on holding the line.  Open and active collaboration among Maine’s environmental community will be necessary to that effort.  We need to recognize that a majority of Maine people voted for two candidates who have long and distinguished records as environmental leaders and stewards.  Just as a majority of voters supported additional funding for the Land for Maine’s Future program, a clear sign that we continue to be willing to invest in safeguarding our environment.

The Conservation Law Foundation has always believed that a thriving Maine is the result of strong environmental protections and sound economic principles.  That belief – and CLF’s unique ability to translate it into practical, effective and results-oriented advocacy – will be more important than ever as a new administration attempts to dismantle the environmental protections of the last four decades.  We hope you join us in our collaborative effort to tackle the challenges that lay ahead.