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.

Today, the New Hampshire Department of Environmental Services provided an annual report to the New Hampshire legislature detailing the results of the Regional Greenhouse Gas Initiative (RGGI) Carbon Dioxide Emissions Budget Trading Program.  The report notes that the program has supported approximately $20 million in job creating energy efficiency investment in New Hampshire and that each dollar of invested RGGI revenue resulted in $3.42 in direct energy savings (See this study by the University of New Hampshire). The report concludes that the effect of the RGGI program on rates has been negligible, amounting to .06 cents per kWh, or approximately 30 cents per month per household.

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.

Leaves are falling, autumn has arrived – and so has a new look for CLF Ventures, CLF’s non-profit strategy-consulting arm. CLF Ventures bridges the public and private sectors to advance innovative, market-based solutions that benefit the environment, society, and our clients’ bottom line. With a new logo and a newly redesigned website, CLF Ventures is taking our message of “Environmental Gain – Economic Advantage” to the next level.

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.

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.

If a tree falls in the forest in order to fuel in an inefficient electric power plant, does it make noise?  You bet it does.  This morning, dozens of advocates rallied at the Massachusetts State House to make a little noise while calling for the strengthening of the Commonwealth’s rules for forest wood-fueled – i.e., “biomass” – energy incentives.

Last year, we cheered as the Patrick Administration commissioned a ground-breaking study, known as the “Manomet Report,” to help understand the climate impacts of biomass energy.  That Report reaffirmed a growing scientific understanding that burning whole trees for energy can be worse than burning coal because of what I refer to as the “double whammy” effect:  (1) the immediate release into the atmosphere of the carbon stored in the tree; and (2) the tree that has been cut no longer is available to absorb new carbon from the atmosphere – or help promote clean water, wildlife habitat, shade or other benefits.

Based on the Manomet Report, the Administration released an encouraging framework for revised biomass regulations that included the key policy pillars of science-based carbon accounting, strong sustainable harvesting requirements, and minimum efficiency standards for capturing the energy stored in biomass fuels.  Unfortunately, the latest version of the regulations and related guidance have been substantially weakened, treating all forms of biomass as “carbon neutral” over a short period of time, promoting the removal of all harvest residues from the forest floor, and encouraging the cutting of whole trees for biomass fuel.  This retreat is disturbing both in terms of likely impacts in Massachusetts and the precedent it would set for other states, the nation, and beyond.

As we spelled out at today’s State House rally, Massachusetts still has an historic opportunity to “get it right”.  To make this happen, CLF and many others are asking for three simple things:

1.       The final biomass regulations must be based on the SCIENCE, consistent with the core lessons of the Manomet Report;

2.       Incentives must be reserved for practices that DO NO HARM to our forests, for example by leaving sufficient tree tops and limbs in forests to replenish soil nutrients and provide habitat;

3.       Benefits should be limited to those practices and facilities that AVOID WASTE by efficiently using biomass fuel, ensuring that the majority of its energy potential is captured and used.

The specific changes to the draft rules that we are seeking are spelled out in greater detail here.

Massachusetts’ forests currently absorb a whopping 10% of all the greenhouse gas emissions we produce each year from electric power generation, transportation, heating, cooling and all other activities combined. This doesn’t mean that we need to leave all forests untouched – there is a role for sustainably harvested forest products of many kinds, just as there is a role for untouched forest reserves.  But we do need to watch out for the “double whammy” and make certain that limited ratepayer-funded clean energy dollars are not steered toward wasteful forest harvesting and combustion practices that would move us away from the clean energy future we seek.