Vermont Yankee will be allowed to continue to leak and pollute.  On March 10, 2010, the Vermont Public Service Board held an initial hearing on CLF’s request to close the plant until the leaks are repaired.  

Unfortunately, Yankee will continue to operate at least until it shuts down for refueling in late April.  I have little doubt that when it does shut down for refueling, the leaks will be found and repaired.  The sad part is that since early January, Vermont Yankee has been allowed to continue to operate with ongoing leaks of radioactive waste from pipes Yankee told regulators never even existed.  The leaks and the lies should stop.  Entergy should not get a free pass to pollute.

If my car is leaking oil, I stop the car and fix the leak.  We should expect the same from an operator of a nuclear power plant.

Entergy — the owner of Vermont Yankee — claimed yesterday it should not be required to give regulators accurate information on the leaks, the impacts of the leaks and its efforts to stop them.  They are busy trying to fix the leaks and the requested reporting apparently would be some sort of distraction.  CLF responded that a company as large as Entergy should be able to “walk and chew gum at the same time.”  If Entergy has time to make daily public announcements about what is going on, why can’t they make those statements under oath?  And if they can’t, what are they hiding?

Join CLF in asking the VT Public Service Board, the NRC and the VT health Department to shut Vermont Yankee down until the leaks are repaired.

Learn more about CLF VT Yankee Advocacy

Yesterday’s Boston Globe editorial in response to Monday’s New York Times article on the Clean Water Act makes the point that Massachusetts is in a unique position because the state’s waterways are regulated under a more flexible state water act enforced by the Massachusetts Department of Environmental Protection (DEP). However, that’s not a panacea. Massachusetts must still support and enforce the terms of the federal Clean Water Act to keep pollution at bay.

While the DEP may enforce discharge permits in Massachusetts, it’s the federal Environmental Protection Agency (EPA) that has primary responsibility for issuing them. Two US Supreme Court decisions in 2001 and 2006 have undermined the authority of the EPA by calling into question what defines a waterway eligible for protection under the Clean Water Act.  The confusion over which of these waterways are legally protected has left 52% of Massachusetts’ waterways at risk for increased pollution, because EPA is no longer asserting its jurisdiction to regulate pollution flowing into them.

Congress needs to act quickly convey that the Clean Water Act applies to all waterways and must be enforced broadly and effectively.

The Clean Water Restoration Act, first introduced in Congress in April 2009, would amend the Clean Water Act to clarify that the Act applies to all US waterways as it did prior to the Supreme Court decisions. Passing the CWRA will send a message to polluters that all waterways merit equal protection under the law, and that the EPA will continue to enforce the terms of the CWA to prevent further environmental damage.

If we want clean waterways, not just for Massachusetts but throughout New England, here’s our chance to make sure that the EPA has full authority to do its job right, by passing the Clean Water Restoration Act.

Support the Clean Water Restoration Act

Much like a joy-riding ATVer testing the power of his off-road machine, the leadership of Vermont’s Natural Resources agency seems hell-bent on riding roughshod over any obstacle in the way of its proposal to open state-owned forests, parks, and wildlife areas to recreational ATV trails.

As I wrote earlier on this blog, the agency leadership revved its engines and ran right over opposition from concerned members of the public who commented on the rule–by the agency’s own estimate, commenters opposed the proposal by a ratio of 4-to-1.  The professional objections of its own scientists, game wardens, and on-the-ground land managers didn’t slow agency leaders down either.  In public documents obtained by CLF and reported in the press, career Agency employees expressed concerns about the damage to public and private property caused by illegal ATV use that ANR already struggles to control with existing resources.  They also worried about the strain that managing the numerous public safety and environmental impacts surrounding ATV trails would place on an understaffed agency reeling from more job cuts.  

Vermont’s legislative process and the rule of law is the last obstacle in the way of ANR’s ATV proposal.  With your help, this could be the obstacle that stops this irresponsible proposal in its tracks.

Prior to a hearing of the legislative committee that serves as an important check against arbitrary and illegal power-grabs by the political appointees who run state agencies, news reports indicated that a bi-partisan majority of the committee’s legislators are prepared to formally object to the Agency’s proposal.  At the hearing, legislators listened politely as the agency’s top lawyer and its Secretary essentially claimed that the Secretary has inherent authority to allow state lands to be used however he sees fit and further that a single ambiguous sentence in a 1983 motor vehicle law specifically grants the Secretary unfettered discretion to write rules opening state lands to ATVs.  But the legislators had done their homework and had an answer for the agency’s questionable legal analysis. 

Representative Richard Marek (D-Newfane) proposed that the committee adopt a written objection to the rule that debunks the Agency’s claims demonstrating how it is contrary to the legislature’s intent and beyond the authority the legislature has granted to the agency.  You can read the committee’s proposed objection on CLF’s web site.  In keeping with the narrow focus of the committee, the proposed objection articulates reasons why the rule is an affront to good government process and the rule of law.  It doesn’t mention the many policy reasons why the ATV proposal is deeply flawed because those questions are best left to the full legislature.  It’s pretty clear that is where this issue may be headed come January.  A defiant agency leadership seems poised to adopt the rule even if the committee formally votes to object at its next meeting on December 15.

This sets the agency and the full legislature on a potential collision course and may also land the agency in court.  Though ANR can adopt the rule over the objection of the rules committee, the legislature could completely repeal the rule by passing a new law.  State law also makes it much easier for groups like CLF to challenge illegal rules when an agency moves forward in spite of a legislative objection. 

Here are three ways you can help protect Vermont forests, parks, and wildlife areas from being transformed into motorized theme parks by ANR:

1. Call your legislator and voice your opposition.  This is especially important if your legislator is on the administrative rules committee scheduled to vote on December 15.
2. Write a letter to the editor of your local paper expressing your opposition.
3. Make a donation to CLF so that we can continue our efforts to protect state lands in the legislature and, if need be, in court.

Georges Bank is the underwater icon of New England – a place of legendary bounty for those fishermen willing to brave dangerous storms in search of Atlantic cod. But, the Bank has always been more than a popular and productive fishing ground. In New England, it’s comparable to the Grand Canyon for its popular resonance and cultural significance. Georges Bank is part of our cultural heritage that ties us to New England.

Between 1976 and 1982, three oil companies drilled ten oil and natural gas wells on Georges Bank. They were stopped from additional drilling by Conservation Law Foundation, working fishermen and citizens from around the region. In 1998, President Clinton issued an Executive Order that prevented the leasing of any area in the North Atlantic and, as a result, all of the 1979 Georges Bank leases have been relinquished or have expired. However, in 2008 President Bush removed the moratorium on oil and natural gas drilling and the day before he left office. Georges Bank and the rest of New England’s ocean are again at risk of drilling.

The Minerals Management Service (MMS) estimates that the entire Atlantic Outer Continental Shelf, which includes Georges Bank, has 3.82 billion barrels of oil. This represents a meager 3.31% of all known and predicted US OCS reserves. According to the US Energy Information Administration statistics, US consumers would use up this oil supply in less than 185 days and the natural gas available would consumed in about 585 days.

We don’t need to gamble with New England’s oceans, wildlife and coastal communities by drilling for oil in the North Atlantic. The Mineral Management Service is taking comments until September 21st on a pro-drilling plan that was designed by the Bush administration to drill in New England’s ocean. Please click here to send a pre-written letter urging the MMS to protect our oceans and wildlife and to promote clean, renewable energy. After you take action, please share this post with family and friends. We need everyone to participate!

The health and security of our oceans, wildlife, coasts and communities depend upon an energy plan that protects and conserves our ocean wildlife and their important habitat areas.

Click here to act now.

The Boston Globe today presents an excellent editorial on the misguided proposal for the power plant in Somerset Massachusetts:

ONE OF THE state’s “Filthy Five’’ coal-burning power plants is trying to turn itself into a Cinderella of clean-burning electricity generation. Since the makeover includes a first-in-the-nation commercial use of a certain technology to reduce dirty emissions, the state should give it a closer environmental review. (MORE)

This particular proposal is one that CLF is engaging in many ways, including in a pending court case (somerset-sc-clfs-memo-suppt-of-jdgmt-8-10-09).  And earlier on in the legal process this plant was (among other issues) discussed in an Op-Ed by Dr. James Hansen.  It has been the subject of ongoing upset, protests and opposition.

If you want to support our work on cases like this – go for it – or just comment below if you have a local coal fired power plant giving you gas.

It’s no surprise that Fox News’ dunderhead commentator and global warming denier Sean Hannity is attending a Labor Day rally supporting the destructive coal mining practice of mountaintop removal.  It’s no surprise that gun-toting, washed-up 80′s rocker Ted Nugent will be there too, spewing his crass, foul-mouthed brand of conservative hatred (warning–adult language on linked content).  What is surprising is that if you are a Verizon Wireless customer, you may be helping to pay for this celebration of environmental degradation!

That’s right, if you visit the home page for the “Friends of America” rally–after you watch the video of the coal company CEO decrying how “environmental extremists and corporate America are both trying to destroy your job” (last time I checked, the coal companies were part of “corporate america”)–you can visit the “sponsors” page to find out who is putting up the $$ for this “rally.”  After you scroll through the long list of big coal companies who are destroying Appalachia and fighting tooth and nail against any meaningful efforts to reduce global warming pollution, you will see Verizon Wireless listed as one of the corporate America benefactors of this gathering of malefactors.

I’m guessing that there are a lot of Verizon Wireless customers like me who believe that GLOBAL WARMING IS REAL AND IT IS A REAL PROBLEM!  So what can we do to change Verizon’s position on this issue?

Our friends and occasional coalition partners at the Center for Biological Diversity are the ones who brought this to my attention.  They have a great action alert that you can use to call out Verizon Wireless for their environmentally unfriendly use of the money you send them for cell service. 

If you want to go one step further, then I suggest picking up the phone.  If you’ve ever worked for a company with a call center, you know that clogged lines cost them money.  So let’s clog Verizon’s phone lines like their friends at the coal companies clog the once-pristine mountain streams with mining waste. Pick up your Verizon phone, call customer service by dialing *611 from your cell or (800) 922-0204 from your home, and register your complaint about Verizon’s support for an event designed to block meaningful progress on climate change.  This is one time when you can feel good about waiting on hold to talk to the phone company’s customer service rep.

Warning: Bigger, faster, and more abundant mosquitoes may be breeding in a river or stream near you.   A new scientific study presented at this month’s meeting of the Ecological Society of America reaches the scary conclusion that mosquitoes–carriers of the West Nile Virus and other diseases–thrive in waterways contaminated by sewage.  As if we needed even more public health reasons to clean up and prevent sewage pollution!

Scientists have concluded that sewage spills and overflows are a boon to these bloodthirsty pests.

Sadly, untreated sewage pollution still flows regularly into many of New England’s rivers and streams as a result of sewage spills from aging or improperly maintained sewage collection and pumping systems.  For example, when a rupture in a Burlington, VT city sewage collection pipe went unrepaired for 8 days in 2005, it released approximately 4 million gallons of raw sewage into the river until sewage treatment plant operators finally addressed the problem.  In the wake of this high-profile incident, CLF led the effort for passage of the “spill bill”–a Vermont law that requires sewage treatment plant operators to undertake enahnced sewage spill prevention and emergency response measures and to notify the public when sewage spills occur.  The public has a right to know when its waters are being contaminated with spilled sewage (this Agency of Natural Resources web site includes a report of all recent spills) and to demand that action be taken to prevent sewage overflows through regular maintenance and greater investment in clean water infrastructure.

As with so many other important environmental and public health issues, CLF’s efforts in one of the New England states are helping to lead the country toward a future with cleaner water.

Currently, Congress is debating passage of the S. 937 “Sewage Overflow Community Right to Know Act.”  Like the Vermont law championed by CLF, this bill would amend the Clean Water Act to require mandatory reporting of sewer spills and the cleanup, mitigation, and prevention measures adopted as a result.  According to our friends at American Rivers in D.C., the bill has passed through the House of Representatives and through the Senate’s Environment and Public Works committee.  With your help, the Clean Water Act will soon ensure our collective right to know when our rivers, streams, lakes, and beaches have been contaminated by raw sewage.  Ask your Senator to cosponsor S. 937 and to work for its passage this year– in the meantime be sure to stock up on citronella and bug dope…

There’s a lot of talk about 2012 being the end of the world. And if it’s not 2012, it’s the swine flu.

But how will it really end? If the latest scary climate science is any indicator, it looks like humans may be to blame. We know that climate change is happening all around us, but it looks like things are changing a lot quicker than any of us expected. As such, it’s time for a climate change reality-check. Did you know?

• Temperatures are already on the rise. Since 1970, winter temperatures in the Northeast have increased by an average of 1.3 degrees per decade—changing and damaging marine life, forests, agriculture, recreation and human health.
• Extreme storms are becoming more frequent. Boston and Atlantic City, for example, can expect a coastal flood equivalent to today’s 100-year flood every two to four years on average by mid-century, and almost annually by the end of the century.
• The oceans are rising. Scientists project that sea levels could rise another 4.5 feet by the end of the century—inundating our coastline and claiming countless low-lying communities from Portland, Maine to Boston to Hyannisport and beyond.
• Heat waves are expected to increase. Within our children’s lifetimes, Northeast cities like Boston or Hartford could experience 20-30 days above 100 degrees causing pain, distress and even increased mortality for our vulnerable citizens.
• Our snow season is becoming shorter and shorter. By late this century, the length of the snow season could be cut in half across northern New York, Vermont, New Hampshire, and Maine, and reduced to a week or two in southern parts of the region, a trend that may have already begun.
• Plant and animal populations are shifting northward. Species like the fir and spruce are expected to all but disappear from the region by the century’s end. The Baltimore oriole, American goldfinch and song sparrow populations will become much less abundant.
  (Source: NECIA’s “Confronting Climate Change in the U.S. Northeast: Science, Impacts, and Solutions”)

The facts speak for themselves. It’s clear that the road on which we’re traveling is a dead end. Fortunately, we have the opportunity to make a u-turn—but it’s going to take your help to turn this country and this planet around.

What can you do about it?

As we catapult towards the point of no return, it’s time to hit the brakes. Confront the climate threat today and demand a new energy and climate law now!

It takes less than 30 seconds to use and customize our pre-written letter to your Senators urging them to pass a smart and effective “cap and trade” climate law. Click here to do your part.