Let’s say you are a state agency tasked with making a tough choice on how to spend your money.  Your options are:

a.      Spend $150 million on widening 9 miles of highway despite the fact that volume has waned;

b.      Spend $56 million on building another toll booth;

c.       Spend $3.8 million on expanding an existing, highly successful bus service that will benefit thousands of commuters.

Did I mention that you have to do this all while complying with a state law that requires you to give preference to existing systems and other transportation modes (such as bus transit) prior to increasing highway capacity through road building activities?   The obvious answer here is (c), expanding bus service, specifically the ZOOM bus service that is operated by the Maine Turnpike Authority.

Currently, the ZOOM bus runs a limited service between Portland, Biddeford and Saco.  The primary hubs are Park & Ride lots, if you’ve driven by those lots, you will see they are chock full.  Those crammed lots are a glowing testament to the resounding success of the ZOOM.

In an effort to build on that success, last year the Maine Alliance for Sustainable Transportation approached the Authority to see if it would consider expanding the bus service up to Lewiston and Augusta.  Along the way, West Falmouth, Gray, Sabbatus and Auburn would finally get much needed access to public transit.  But the Authority remained convinced that answers (a) and (b) were right.   After all, highway widening remains a popular solution to just about any transportation problem, despite the fact that, time after time, massive multi-million dollar widening projects only result in more traffic and more congestion. [the fact is, these roads never pay for themselves via tolls or otherwise.]

Does Portland really need another highway widening?

No, and the numbers prove it:

But transit advocates, CLF among them, were not dissuaded.   We found a savvy supporter in Representative Bradley Moulton, a newly elected Republican, who decided to sponsor the ZOOM bus bill, known formally as “An Act to Expand Fiscally Responsible Transportation Through Increased ZOOM Bus Service.”

And fiscally responsible it is.  Not only for the average commuter struggling with rising gas prices, but in the broader context of how Maine decides to spend money on transportation.  The days of subsidized highway widening projects are over.  With the fiscal belt tightening, now is a good time to make some smart decisions on transit.  The ZOOM bus goes a long way towards accomplishing that goal.

Leslie Harroun, a longtime supporter and friend of CLF, has entered a “Blog Your Way to the North Pole” contest offered by Quark Expeditions of Vermont.

Check out her eloquent statement and vote for her, if the spirit moves you (and I hope it does).   While you have to register this is NOT one of those email capture deals that will result in you being flooded with spam.  Leslie has traveled the world and has a deep appreciation of special places (from the heart of Roxbury in Boston to Papua New Guinea to her current home in Maine) and would be a special witness to unique, and threatened, polar environment.

In a boost for clean air and clean water, the mismanaged and ill-conceived Circ highway planned for Vermont’s Chittenden County faces a potentially fatal blow.  The head of EPA in New England described the project as environmentally devastating.

“Even if the mitigation were fully implemented, the proposed project would cause or contribute to significant degradation of waters of the U.S. in violation” of federal law and should not be permitted, according to the EPA.

The EPA concluded the highway “will have a substantial and unacceptable impact on aquatic resources of national importance,” in that December letter to the U.S. Army Corps of Engineers, a more forceful follow-up to the original letter and assessment EPA sent on November 15.  EPA makes a strong argument against issuing the environmental permits needed for the largest single destruction of wetlands in Vermont’s history.

EPA’s objections are bolstered by the support of a diverse coalition of organizations in Vermont, including CLF.  If the Corps issues permits despite these objections the EPA could block those permits with a veto.

CLF continues to support cleaner, lower cost and more effective solutions in place of a new highway that damages or eliminates hundreds of acres of wetlands, increases sprawl development, contributes to global climate change, wastes limited public funds and fails to meet modern transportation needs.   At a cost of tens of millions of dollars, the Circ only saves four minutes of travel time and offers less relief from traffic congestion in the areas most troubled traffic spots compared to cleaner and lower cost solutions that modernize existing roadways.

Stateline, the excellent online news service of the Pew Center on the States reports on the continuing interest and efforts to develop renewable energy across the nation, even where Republican governors face pressure to change course because of misconceptions that renewable energy efforts are based solely on an environmental agenda.

The article opens with the story of how the new Governor of Ohio backed down from a threatened effort to roll back an important renewable energy effort when it became clear that renewable energy, and wind energy in particular, enjoyed broad support across the state and was a bright spot in the economy during a very tough time.  It goes on to discuss the issue more generally discussing the progress continuing on clean energy in the states despite the failure of climate and energy legislation in Washington and then telling the tale of Kansas, how an anti-cap and trade Senator Sam Brownback is changing into pro-Clean Energy Governor Brownback:

With cap-and-trade off the table in Washington, and with 29 states either run by or about to be run by Republican governors, the prospects for legislation aimed explicitly at reducing greenhouse-gas emissions are not bright, at least in the near term. Shifting to cleaner forms of energy, however, is another matter. It’s just that saving the environment won’t be the driving thrust. Creating jobs will.

“The opportunities to grow new industries in business are relatively rare right now, and the clean-energy economy’s got a lot going for it from an economic development viewpoint,” says Seth Kaplan, of the Conservation Law Foundation. “There’s the number of jobs, but also the breadth: from university researchers doing basic research into the next generation of LEDs, thin-film solar or wind-turbine designs, to the blue-collar jobs, which are hard to come by these days. So Republican governors are trying to figure out how to position themselves between two poles: ideological opposition to anything with ‘climate’ on the label, and the economic development opportunity presented by the clean-energy economy.”

So it is that New Jersey’s Governor Chris Christie, under pressure from conservatives, began saying in November that he was “skeptical” about climate change — yet has shown no inclination to withdraw his state from the Northeast’s Regional Greenhouse Gas Initiative and remains a strong backer of developing offshore wind power. Some of the most concerted wind-energy development in the country has occurred in Texas — and especially in the Republican strongholds of West Texas — thanks to policies enacted under the leadership of Republican Governor Rick Perry. Sam Brownback, who is moving from the U.S. Senate to the Kansas governor’s mansion, opposed federal cap-and-trade legislation in the Senate but joined with Democratic senators in September to back creating a national renewable energy standard for power plants.

“Sam is very much on record as wanting Kansas to be a national leader on wind, he’s been active on how to facilitate new transmission, he’s been committed to bioenergy,” says Nancy Jackson, who chairs the Climate and Energy Project, an effort to persuade Kansans to embrace renewable energy and energy efficiency. “I feel really good about how this administration will line up on energy issues.”

Click here for full article

Conservation Law Foundation issued the following statement in response to today’s release of Massachusetts’ Clean Energy and Climate Plan, which will reduce the state’s greenhouse gas emissions by 25 percent below 1990 levels by 2020.

“The 25 percent target puts Massachusetts on the right trajectory to achieve the greenhouse gas reductions the science says we need to see by 2020,” said John Kassel, president of Conservation Law Foundation. “Setting the target at the maximum authorized by the Global Warming Solutions Act is in keeping with the Patrick Administration’s track record of bold and innovative clean energy and climate policy that recognizes the opportunity in aligning our environmental objectives with our economic ones. The new plan will put in place a diverse portfolio of pragmatic solutions that create jobs and reduce greenhouse gas emissions – a winning formula for the Commonwealth and one that will no doubt be watched closely around the country.”

Kassel served on the Climate Protection and Green Economy Advisory Committee that consulted with state officials on the drafting of the Plan. CLF played a key role in making the statute a reality and has lent its expertise throughout the planning process to ensure a final plan that was aggressive enough to achieve the necessary GHG reductions while still being achievable.

The Conservation Law Foundation (CLF) protects New England’s environment for the benefit of all people. Using the law, science and the market, CLF creates solutions that preserve natural resources, build healthy communities, and sustain a vibrant economy region-wide. Founded in1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.

The Federal Energy Regulatory Commission (known as “FERC”) has delivered a clear message: the time to plan for a future without coal is now. This comes in response to a protest submitted in October by CLF that challenged a decision by the New England Independent System Operator (ISO-NE) that could have kept the 60 year old Salem Harbor Station running for years longer, despite the damage it causes to public health and the environment and the huge costs it imposes on ratepayers.

CLF argued that ISO-NE, the overseers of the regional electricity system under FERC’s supervision, should have developed an alternative to retaining units at Salem Harbor Station to meet the area’s reliability need.  CLF therefore asked FERC to step in to expedite the planning process. Today, the FERC issued a decision directing ISO-NE to find a solution that would allow shutdown of the Salem Harbor power plant – a dirty, obsolete and unprofitable plant that has long outlived its lifespan and has requested to leave the market.

“We…order ISO-NE to submit a compliance filing within 60 days that either identifies alternatives to resolve the reliability need for Salem Harbor Units 3 and 4 and the time to implement those solutions, or includes an expedited timeline for identifying and implementing alternatives.”

The news that FERC is mandating action to ensure that this dirty coal plant can retire without impacting reliability is a game changing development of national significance. The Chicken Little warning that old coal is needed to keep the lights on—brandished by coal interests primarily to delay long overdue emissions reductions requirements—simply isn’t true.  Today FERC concurred that the sky will not fall – the lights will not go out without old coal – if we envision a future without it and plan for that future.  That future starts here in New England with a concrete plan and timeline for life without Salem Harbor Station.

Students from the Environmental Law Clinic at Columbia Law School provided excellent research in support of CLF’s filing.

CLF intervened today in proceedings regarding the proposed Northern Pass electricity supply and transmission project in New Hampshire. The proposed project, which involves creating 180 miles of new transmission lines in the state and installing new transmission infrastructure in the White Mountain National Forest, is intended to import 1,200 megawatts (MW) of electricity generated in Canada by Hydro-Quebec, the Canadian public utility. If constructed, the project would have significant impacts on New Hampshire communities and the environment.

CONCORD, NH  December 16, 2010 – The Conservation Law Foundation (CLF) intervened today in the Presidential Permit proceeding recently initiated by the U.S. Department of Energy, for the proposed Northern Pass electricity supply and transmission project.  The proposed project – involving 180 miles of new transmission lines in New Hampshire – is intended to import 1,200 MW of electricity generated by Hydro-Quebec, in Canada.

“This project could profoundly affect New Hampshire’s energy future,” said Jonathan Peress, director of CLF’s Clean Energy and Climate Change program.  “It remains to be seen whether it will help or hinder our efforts in New Hampshire and New England to achieve necessary greenhouse gas reductions and develop a clean energy economy.  Unfortunately, the application is more noteworthy for what it omits, rather than the sparse information it provides.”

The proposed project would include the construction of new transmission corridor in northern-most New Hampshire, as well as the installation of new transmission infrastructure through the White Mountain National Forest. Read more>>

CLF is a founding member of Renewable Energy New England (RENEW), a collaborative between the renewable energy industry and the environmental community.  After ISO-NE (the operator of the New England electricity grid) gave a press briefing about a report on “wind integration” yesterday, RENEW issued the following statement, check it out:

Renewable Energy New England (RENEW) today issued the following statement about the New England Wind Integration Study (NEWIS) currently underway by the Independent System Operator of New England (ISO-NE).  The final NEWIS report from ISO-NE is not yet available, but is expected to be released later this week.

“RENEW is encouraged by the study results released thus far and looks forward to seeing the final report soon,” said Abigail Krich, president of Boreas Renewables and a consultant to RENEW.  ”The study demonstrates that a great deal of wind power can be reliably integrated into the New England power system.  New England is well-positioned to see extensive growth in wind energy in the coming years.

“The results thus far show that wind energy located in New England will significantly reduce regional carbon dioxide emissions, in support of the New England states’ strong renewable energy and greenhouse gas policies.  The findings show that if New England were to receive twenty percent of its electricity from wind power, its carbon dioxide emissions from power plants would decrease twenty five percent.

“As recommended in the report, ISO-NE has stated they will set up a centralized wind power forecasting system. The wind forecast will use atmospheric modeling to predict minutes and days ahead of time how much wind power will be produced within the region. This forecasting will allow the system operator to effectively manage the variability inherent in wind power in the same way it is currently able to manage the variability inherent in electricity usage.

“Today wind generates approximately half a percent of the electricity used in New England. The NEWIS studied a number of scenarios between 2.5 and 24% of New England’s electricity being provided by wind. Even at the lowest level studied, this represents more than four times the amount of wind currently operating in New England.

“New England is just starting down the road toward increasing its use of renewable power, but this study is providing a helpful roadmap as we look toward growing wind power in the region.”

The Boston Globe ran an interesting essay in its Ideas section on whether we should do “randomized trials’ of new laws before applying them to our entire society and economy.

Louis Brandeis, a great Boston lawyer before ascending to the Supreme Court once eloquently and clearly presented the mechanism we have long had in place for doing something of the sort:

“It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” – New State Ice Co. v. Liebmann, 285 U.S. 262, 311, 52 S.Ct. 371, 386-387, (1932) (dissenting opinion of Brandeis, J.)

Back in 1932 a knuckle-dragging Supreme Court invalidated a law enacted by the State of Oklahoma that required  people who wanted to manufacture, distribute or sell ice obtain a license first.  In the dissent quoted above Justice Brandeis blazed a path that continues today – a path based on the clear recognition that states should be generally allowed to enact their own laws subject only to clear preemption by federal law.

This history has served the environment well.  Over the last 40 years the great advances in clean air, clean water and toxics reduction have come from the states – with the Federal Government following along. Sometimes these efforts have been states going it alone and sometimes it has been coordinated action by a group of states.  Two key examples of that kind of collective action are the way that automobile emissions regulations were developed by California and then adopted by a range of states, led by the New England states and the development of a Regional Greenhouse Gas Initiative by the states of the East Coast.

“The states as laboratories” does not have all the virtues of randomized trials like the experiments used in the pharmaceutical world but it does have the advantage of being very real.