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.

Simulation of view of Cape Wind from Cotuit, MA. Photo credit: http://www.capewind.org

When three leading environmental organizations seek to get involved in a federal court case about a proposed development project, it’s not usually on the side of the developer. But, this week, CLF, NRDC and Mass Audubon filed a motion to participate as “Friends of the Court” in support of the defendants in five pending federal cases challenging federal approvals of the Cape Wind offshore wind energy project. The plaintiffs, unsurprisingly including the Alliance to Protect Nantucket Sound, are seeking to overturn the federal government’s 2010 approval of the landmark offshore wind project, the first to be approved in the United States.

Our federal court filing comes after more than a decade of exhaustive review undertaken by state and federal authorities, and by CLF and our colleagues in the environmental community – review that served to ensure Cape Wind’s approval was based on sound science and data, and that the project was thoroughly vetted through an open and transparent public process. Our support for the project reflects our findings that Cape Wind’s benefits far outweigh its impacts.

Between CLF, NRDC and Mass Audubon, we pack a couple hundred years of environmental advocacy and stewardship experience.  Collectively, we represent hundreds of thousands of Americans, from nearby Hyannis to far-flung Hawaii, who believe our country should prioritize a true clean energy agenda and move more quickly to deliver on the environmental, public health, energy security and economic benefits of responsible renewable energy. Backing the developer in the Cape Wind case may, at first blush, go against the grain of environmental advocacy history. But in this case, it is fully consistent with our longstanding missions to protect natural resources and public health – here, by advancing a key project that will begin to unleash the tremendous potential of offshore renewable energy, allowing Massachusetts and the region to dial back polluting fossil fuel power generation.

                To do so, our coalition will have to gather more than 70,000 signatures from Mainers seeking to place this issue on a ballot for state-wide vote in November 2012. This Election Day (tomorrow- November 8—VOTE!) keep an eye out at your polling place for folks collecting signatures on our petition and join our cause.

                What exactly are we proposing? To make changes to existing law that would require that a portion of our electricity bills fund cost-effective energy efficiency efforts throughout the state. Cost-effective energy efficiency means reducing the amount of electricity that we use, by investing in improvements to our industries, businesses and homes in a manner that saves more money than was spent on the improvements. On average, these kinds of investments save three times as much as they cost. If left untouched, Maine’s currently planned investment in energy efficiency will capture only 25% or so of the potential available savings. These are savings that will reduce everyone’s electricity bill, avoid the need for new expensive electricity lines and limit the amount of electricity that needs to be generated—let’s not squander them.

                We are also proposing that a requirement in Maine law, providing that at least 10% of electricity sold in the state must come from new renewable energy sources, should be increased so that 20% of our electricity comes from clean renewables. The effect of this requirement would be to increase the development of home-grown renewable energy projects that generate jobs in Maine while reducing our energy-related pollution. In combination, energy efficiency and increased renewables will mean Mainers pay less to the power company while doing more to preserve their quality of air and place.

                Why are we undertaking this? Governor LePage and the current leadership in the Legislature have made clear that, not only do they not support money-saving energy efficiency and the development of renewable energy, but they are attempting to scale back both from their current levels. We don’t think that approach is good for Maine and we believe a majority of Maine people agree with us. This ballot initiative allows the people to decide this issue of critical importance for our economy and our environment.   

                If you are interested in helping us in this campaign, please contact the CLF Maine office.

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.

At the same time, electricity bills for customers of New Hampshire electric utilities have decreased dramatically since RGGI went into effect, with the exception of PSNH customers.  According to the report, the average PSNH residential customer is currently paying approximately $27 per month more than a New Hampshire customer in National Grid’s service territory for the same amount of power ($89 per month for PSNH versus $62 per month for National Grid).

Given the magnitude of the excessive energy costs paid by PSNH residential customers (comprising the overwhelming majority of New Hampshire homes), one might assume that the legislature would use the report as a basis for reviewing and revising the state’s policy that forces New Hampshire residents to subsidize PSNH’s above market costs to the tune of $324  per ratepayer per year.

Instead, House Speaker William O’Brien and Majority Leader D.J. Bettencourt issued a statement today criticizing RGGI for laying an extra “$5.50 per year on the backs of our ratepayers.”  They appear to have missed the forest for the trees (and bungled their math).  New Hampshire ratepayers pay among the highest rates in the country because PSNH imposes on them the above-market cost of its dirty and expensive power.  In fact, the report shows that National Grid ratepayers in New Hampshire, having been spared the legislative mandates that inflict exorbitant costs on PSNH ratepayers, pay the lowest electric rates in New England. National Grid and other New Hampshire utilities purchase power from newer, more efficient power plants selling into the wholesale market.

Improving New Hampshire’s economic future requires a thoughtful review of the statutory policies that extend the lives of PSNH’s uneconomic power plants and foist the exorbitant costs of these plants, and the pollution they emit, on New Hampshire residents. Portraying a successful and economically beneficial program such as RGGI as a burden to ratepayers lays blame in the wrong place and amounts to a game of political charades—a disservice to New Hampshire voters and job creators.

The new CLF Ventures logo was designed to complement the CLF logo while capturing the unique mission and value that CLF Ventures brings to our clients. The two overlapping leaves in the new CLF Ventures logo embody our message that the environment and the economy are interconnected, not mutually exclusive, and that we need to pay attention to both to have a truly thriving and sustainable economy. “If you really look closely,” says CLF Ventures CEO Jo Anne Shatkin, “you see the “V” inside the leaves – that’s the “V” for Ventures, but it’s also a check mark, which says ‘yes, we know how to make things happen.’ CLF Ventures is like those two overlapping leaves. We’re uniquely positioned to help our clients because we’re part of the environmental community and we understand what businesses and innovators need to operate and thrive.”

The redesigned CLF Ventures website highlights the breadth of our services and the wide variety of partners we help. Our new homepage features a revolving showcase of the “Four I’s” – Innovate, Incubate, Integrate, and Initiate – which captures CLF Ventures’ mission to bring about positive environmental change through the marketplace. Many people are familiar with CLF Ventures’ work to help facilities integrate their operations with sound environmental principles and operate both sustainably and profitably. But CLF Ventures also helps entrepreneurs and clean technology leaders innovate their products and technologies and bring them to market. We incubate replicable, new businesses that create shared value and improve the environment. And we initiate opportunities that propel new investment models toward the triple bottom line. Our redesigned website allows us to share our story – and our mission – with a broader audience. We hope you’ll check out www.clfventures.org and let us know what you think.

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.

The Great Northern Paper Mill in East Millinocket (top).

Anxious to get two paper mills in northern Maine operating again, the State of Maine agreed to take on the liability of the landfill that has taken solid wastes from those facilities for decades.  Inconveniently, taking on that liability, which is at least $17 million, without having the money in hand to pay for it runs afoul of the Maine Constitution.

CLF is supportive of efforts to get the mills in Millinocket and East Millinocket operating again, but is concerned about the precedent the State is setting.  The issue is not just one of meeting the requirements of the Constitution, but also how the State intends to manage landfills in Maine.

The State’s (and thus, Maine taxpayers’) willingness to take on the liability for the costs of closing and cleaning up a landfill even though the current owner is solvent and has the financial capacity to do so is irresponsible from a fiscal and a policy viewpoint. CLF raised this issue when the Maine Legislature first authorized the State to acquire the landfill, again when the ultimate deal was announced and most recently in connection with the applications filed with the Maine Department of Environmental Protection necessary for the completion of the deal.

CLF wants to ensure that the proper handling of the landfill, which continues to discharge pollutants into nearby waters and may have contaminated the ground underneath, doesn’t get forsaken in the political wheeling and dealing surrounding the sale of the paper mills. Stay tuned as we continue to try to hold the Lepage administration to its professed adherence to the Constitution and fiscal conservatism.

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.