CLF, with the Appalachian Mountain Club and Coos Community Benefits Alliance, has filed an objection with the US Department of Energy (DOE) challenging the DOE’s selection of a contractor to prepare the Environmental Impact Statement for the Northern Pass electric transmission project. The objection comes out of concern that the contractor chosen will not be able to provide an objective, unbiased analysis, in violation of the National Environmental Policy Act (NEPA).

“The preparation of an objective Environmental Impact Statement is a core requirement of the public review and fully-informed decision making mandated by NEPA,” said Tom Irwin, director of CLF New Hampshire.  “DOE’s selection of a contractor—one that simultaneously owes a duty to the project applicant to help obtain state-level permits—flies in the face of this objectivity requirement and will undermine the legitimacy of the NEPA review process from day one.” More >

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 >

By now, you’ve heard about Governor LePage’s regulatory “reform” proposals that threaten to dismantle four decades of sound environmental regulations and put Maine’s environment and economy at risk.

CLF is already hard at work evaluating these “reform” proposals and their sources, and has submitted a formal request under Maine’s Freedom of Access Act for the documents, communications and other materials that served as the basis for this proposal.  CLF is ready to work with the new administration to create proposals that make existing regulations and institutions more efficient; however, we are also prepared to hold the LePage administration legally accountable for the changes they propose to implement.

Here’s how you can help:

1. Attend a Hearing

The LePage administration is moving quickly to codify the proposals with a public hearing on LD 1, the vehicle for making these concepts law.  Come stand with CLF and our allies to support Maine’s environment and voice your opposition to these “reforms” by attending the public hearing on LD 1 on Monday, February 14 at 9 a.m. at the State House in Augusta, at which the Joint Standing Committee on Regulatory Fairness and Reform will take testimony on the Governor’s proposals.

Public Hearing on Governor LePage’s Regulatory Reform Proposals
Monday, February 14 at 9 a.m.
Maine State House
100 State House Station
Cross Building, Room 208
Augusta, ME 04333

Stand with CLF and tell the Governor that his proposals will:

• Threaten Maine’s economy by endangering the natural resources that bring businesses and tourists to Maine from all over the globe and $10 billion annually;
• Eliminate environmental safeguards that have been in place for decades to ensure clean air, clean water and a clean food supply;
• Endanger the health of all Maine residents;
• Perpetuate our dependence on oil; and
• Tear down the solid regulatory foundation that benefits every family and business in Maine.

2. Send a message to the LePage Administration

If you are unable to attend the hearing, you can submit your comments online to Governor LePage and the committee chairs for the Joint Select Committee on Regulatory Fairness and Reform.

Protect Maine. Tell Governor LePage and the committee chairs, Senator Jonathan Courtney and Representative Jonathan McCain, that these proposed “reforms” will threaten the future of the Maine we know and love.

Want to learn more? Check out what CLF Maine director Sean Mahoney had to say on the subject in this Solve Climate News article.

Today marks a new milestone for CLF in our efforts to clean up the lower Charles River. Concluding a five-year negotiation, involving CLF and the other key stakeholders, the EPA issued a new water quality permit for the Kendall (formerly Mirant Kendall) Power Plant, a natural gas cogeneration facility owned by GenOn Energy. The plant is located on the Cambridge side of the Longfellow Bridge.

The new permit requires the plant to reduce its heat discharge and water withdrawal by approximately 95 percent, and to ensure that any heated discharge does not warm the river enough to cause harm.

The outcome is remarkable, not just for the dramatic improvements it will achieve in the lower Charles, but for the way in which the parties “got to yes.”

The plant will meet the new requirements by upgrading its existing “once-through” cooling system, to a new, closed-loop system. Kendall will capture most of the heat generated by the plant and distribute it as steam through a new pipeline to be built across the Longfellow Bridge over the next few years. The combination of the new co-generation turbine and expanded pipeline will allow Kendall to drastically reduce the amount of water it extracts from the Charles River, take more heat out of the plant, and double the amount of steam it can sells to heat buildings in the city of Boston.

It’s what’s known in the business as a “win-win situation.”

Today’s events would not have happened without the incredible efforts of two former CLFers: Carol Lee Rawn, who was a senior attorney in our Boston office, and Jud Crawford, who was senior scientist. They put together the case and the legal challenge to the Mirant Kendall permits based on a demonstration that EPA’s proposed heat discharges would threaten the fish and biological system in the lower Charles. They also showed that the proposed water intake damaged fish eggs, larvae, juvenile and adult fish and that better technologies were available in the market. CLF represented the Charles River Watershed Association (CRWA), who was the perfect conservation partner for our effort.

The outcome of this case has taught CLF a number of lessons. First, that being there is half the game. If we hadn’t appealed the EPA permit, none of this would have happened, no question. EPA and Mirant Kendall ultimately showed strong leadership qualities but needed a strong push. Second, that having a range of integrated advocacy initiatives can produce multiple, serendipitous results across the spectrum of CLF’s work in clean energy, clean water, ocean conservation and healthy communities. This single decision will create an opportunity for co-generation in an urban community, improve the health of our rivers and marine life, increase the quality of life for Esplanade users and river fishermen, and reduce green house gas emissions. Third, that a mix of good science and strong legal expertise is essential to our ability to make a credible challenge. And finally, that courtesy of all of the above and the generous and faithful support of our members over the past five years,  the Charles may one day be truly swimmable and fishable again.

For more information, you can read CLF’s press release, and check out the coverage in today’s Boston Globe.

There are many things about Governor LePage regulatory “reform” proposals that could impact the quality of my family’s life here in Maine, from developing the North Woods to loosening restrictions on dirty air emissions.  But a couple of proposals in particular really frustrated me as a parent.  LePage’s proposal to repeal the BPA ban and the toxic flame retardant ban. The BPA ban phased out the toxic chemical in consumer products such as baby bottles and sippy cups.  The bill had strong support and there wasn’t a single Maine based business that testified against the bill.  But it received plenty of opposition from deep pocketed chemical industries, such as Dow Chemical.

While Washington based groups like the Grocery Manufacturers Association and the American Chemistry Council have supported a repeal of the ban, local grocers, including the Maine Grocers Association have not taken an active role and have not taken a stance on the ban.

I am the mother of two young boys, ages 17 months and 2 and a half.

My boys on the shore of Moosehead Lake

I spend a considerable amount of time combing through labels on baby products to make sure that the materials aren’t toxic.  It is time consuming to ground truth the harmful effects of chemicals.  What are the hormone disrupting effects of Bispehnol-A (BPA)?  Will that stain resistant/flame resistant perfluorinated synthetic chemical (PFC) on that couch give my boys bladder cancer?  So my attitude is to err on the side of being safe by buying products with as few chemicals as possible.  You would be surprised at how challenging  it is to achieve even that tepid goal.  But last year, Maine lawmakers took considerable strides towards making my decision making easier and safer by enacting bans on known toxic chemicals in kids products, through the Kids Safe Products Law.

Why are we trying so hard to appease out-of-state chemical companies?  Dan Demeritt, LePage’s communication director, dryly pointed out that BPA-free products are available on the market, parents don’t have to choose to buy products that contain the chemical.  This is the “people before politics” response?  As a parent that is constantly pressed for time (aren’t we all?) who frequently does shopping with 2 kids piled into a shopping cart where 5 minutes too long can spell “melt-down”, I don’t have time to read through all the product disclaimers.  Why should any parent have to take that extra step to protect their children when a simple solution is already in place?

I was pleased to see that Republican Senator Dana Dow took a stand on this issue.  He works in the furniture industry and relayed a story of a simple blood test revealed soaring high toxicity levels for PFCs.  Take a look at the link, Senator Dow testifies at around 8 minutes in: http://www.youtube.com/watch?v=Qlc5urnzB50

This issue impacts all of us.  Will Maine choose to protect our children over out of state chemical companies?  Next time you are barreling down a grocery aisle trying to read the label, remember to call your representative and help them figure this one out.

Since the Douglas Administration’s controversial 2009 rule allowing ATV use on state lands, CLF and a coalition of citizens and partner organizations have been fighting to restore protection of state lands from the environmental damage and public safety risks posed by expanded ATV use.  In an exciting development last week (you can read about it here and here), Governor Shumlin’s new leadership team at Vermont’s Agency of Natural Resources took the first steps toward putting the brakes on the 2009 rule by starting a new process to repeal the ATV Rule.  CLF needs your help to ensure that Governor Shumlin and Secretary Markowitz follow through on this important campaign-trail promise and withstand the pressure from ATV clubs.

• Call the Governor and Secretary Markowitz and leave a message thanking them for starting the process to restore protections for sensitive state lands and ask them to follow through by reversing the Douglas Administration’s ATV Rule

Governor Peter Shumlin’s Office: 802-828-3333
Secretary Deb Markowitz’s Office: 802-241-3600

Less than a week after I posted my blog post about the environmental and health problems associated with road salt, the Boston Globe published an article about de-icing alternatives some Massachusetts communities are turning to. Boston has received almost 50 inches of snow this winter compared to a total of 17 inches on average around this time. We can only assume that it means we’re using record amounts of salt to combat all this snow. While it is difficult to say if the increased snowfall we’re seeing is directly related to climate change, increased temperatures tend to increase evaporation thus resulting in increased precipitation.  (In the Northeast, there has been a 5 to 10% increase in annual average precipitation since 1900.) More generally speaking, scientists are increasingly concerned about the link between global warming and anomalous winter weather (such as the bizarre snowstorms seen recently in the South). As such, it is encouraging to hear that towns are looking to more environmentally friendly alternatives to deal with our new weather conditions as the planet continues to warm.

Besides rock salt (sodium chloride), calcium chloride and magnesium chloride can be used in colder temperatures but unfortunately, they are significantly more expensive than the traditional rock salt. Instead a growing number of Massachusetts communities are returning to an age-old solution: brine. The mixture is a combination of rock salt and water. Applying brine before snow falls and ice forms on the roadway (known as “anti-icing”) can prevent snow and ice from sticking to roads. Unlike plain old rock salt, this stuff doesn’t bounce or get blown off the roads like we’ve all seen. As such it dramatically reduces the amount of salt used and the time it takes to remove snow and ice from the roads in turn saving towns money. A study done in Oregon and Washington state showed that anti-icing can decrease costs by more than 50% compared to conventional de-icing. And it reduces the amount of salt that gets into our drinking water and the negative impacts on the environment.

This yet again reinforces the idea that solutions that are good for the environment are often also good for people and the economy.

MONTPELIER, VT January 24, 2010 – The Conservation Law Foundation (CLF) has issued the following statement in response to today’s decision by the U.S. Environmental Protection Agency to withdraw its approval of Vermont’s 2002 water quality plan for Lake Champlain. The decision comes almost two years after CLF first challenged EPA’s approval of the Plan in federal court.

“Today’s decision by the EPA to re-examine Vermont’s water quality plan for Lake Champlain is the key to bringing the Lake back to health,” said Louis Porter, CLF’s Lake Champlain Lakekeeper. “The EPA has reviewed the existing pollution budget and concluded, correctly, that there has not been enough improvement in the health of Lake Champlain under the current plan. Now, with a new administration in Vermont and a new water quality plan on the way, Vermont can begin a new, science-based approach to cleaning up Lake Champlain and making sure it remains a safe and enjoyable resource for swimmers, boaters, anglers, and the more than 200,000 people for whom it provides drinking water.” More >

It was thrilling to attend the meeting of the RI Coastal Resources Management Council (CRMC) last night, where the Council voted unanimously to reject the application of Champlin’s Marina to expand by several hundred feet into the Great Salt Pond of Block Island. The vote probably brings to a final conclusion a lawsuit that CLF has been fighting for the last seven years in the CRMC, in the Superior Court, and in the R.I. Supreme Court.

Champlin’s originally filed its application to expand in 2003. In February 2006, the CRMC voted (the first time) to deny the application. Champlin’s took an appeal (as they were legally allowed to do) to the Superior Court.  They won the appeal in Superior Court and were granted the permit. CLF and the Committee for the Great Salt Pond appealed to the Supreme Court, where we won – and the case was remanded (sent back) by the Supreme Court to the CRMC for a new vote.

It was that vote that was taken last night.

CRMC member Bruce Dawson made the motion to reject the Champlin’s application outright.  He cited the unique ecological value of the Great Salt Pond, and concluded by saying he could not support this expansion.

A vote was taken on the Dawson motion to deny the permit.  It was approved 7 to zero.

What about an appeal?  While Champlin’s could appeal, any such appeal would almost certainly fail. Not only is this a very old case, but legally, any new appeal would be severely limited to only what has happened since the Supreme Court remand. Such a narrow time period provides almost no basis for an appeal.

The meeting was well-attended. Despite the impending storm, the auditorium at the Narragansett Town Hall was almost full. Finally, I must say that there was an outpouring of warm feeling toward CLF and the Committee for the Great Salt Pond. After the meeting, a steady stream of well-wishers from the Island came up to thank the lawyers on our side. After a very long (and very difficult) litigation, this was enormously gratifying.