The Massachusetts’ Water Resource Authority’s decision to release 15 million gallons of untreated sewage into Boston Harbor’s Quincy Bay during last weekend’s storm felt to many like a giant step backward in the decades-long fight to clean up Boston Harbor. The good news is that there are actions that can be taken today that could have kept MWRA officials from having to make that decision in the future—implementing green stormwater infrastructure to reduce the burden on our sewer pipes, reduce flooding and make communities more resilient to climate change.

Many of our state’s aging sewer systems become overwhelmed with a mix of rainwater and sewage during large storms. That’s why MWRA officials were stuck between a rock and a hard place, forced to choose between quietly releasing 15 million gallons of untreated sewage into Quincy Bay or letting the water flood the station and release that sewage into basements, but sparing the Harbor. The problem runs deeper than this one incident—during last week’s storm, there were equally damaging releases of raw sewage into neighborhoods and into the Mystic and Charles Rivers as well. (See video footage here).

Massachusetts can stop these incidents by investing in green stormwater management techniques to enable communities to better prevent sewer overflows and save money over the long term. Some of these techniques include the use of permeable pavement, green roofs, rain barrels, even gravel—anything that will absorb stormwater and diminish runoff from hard surfaces. These actions can be taken by homeowners in and around their homes, at the city scale by greening streets, parking lots, and alleys, and at the state level, by greening state highways and universities.  Massachusetts residents can urge their towns to adopt bylaws requiring green stormwater and green building techniques to be used in all new construction or infrastructure projects. Cities like Philadelphia, Chicago, and New York are already rolling out these techniques and finding that they are both cost-effective and environmentally sustainable.

Fortunately, we have a chance RIGHT NOW to tell the state of Massachusetts how important it is to us to keep stormwater in check. The U.S. EPA is currently working on a stormwater permit that will govern the stormwater management of communities across Massachusetts for the next five years.

Help Massachusetts prepare for the next storm before it happens. Tell our government that we need a stronger stormwater permit to govern Massachusetts waterways and keep our communities pollution-free.

America is waking up to the fact that the unfathomable amounts of animal dung generated by our industrial agricultural system is poisoning our water and our air.  Those who live by waters polluted by the excesses of industrial agriculturae have long understood the grim connection between our cheap-food system and the slow death of rivers, lakes, streams, estuaries, and other coastal waters.  Now the mainstream media is bringing wider attention to this looming environmental disaster.

Exhibit A:  The Washington Post recently ran a prominent environmental expose under the headline “Manure becomes pollutant as volume grows” This excerpt explains the problem well:

Animal manure, a byproduct as old as agriculture, has become an unlikely modern pollution problem,….The country simply has more dung than it can handle: Crowded together at a new breed of megafarms, livestock produce three times as much waste as people, more than can be recycled as fertilizer for nearby fields.   That excess manure gives off air pollutants, and it is the country’s fastest-growing large source of methane, a greenhouse gas. And it washes down with the rain, helping to cause the 230 oxygen-deprived “dead zones”

"Dead zones" are areas within waterbodies where oxygen becomes severely depleted when massive algae colonies--fed by nutrient-rich manure and other agricultural waste--die off. The oxygen-depleting algae decomposition process has disastrous results for fish and other aquatic life. This fishkill occured on the Neuse River in North Carolina an area of intensive factory farming.

Exhibit B: Popular talk radio host and TV personality Don Imus featured an unusually-sobering interview with investigative author David Kirby about his new book “Animal Factory.”  In vivid detail, the author explained the inhumane conditions in which thousands of hogs, cows, and chickens are often confined at these industrial meat and dairy operations that are much more akin to factories than “farms.”  Citing many gasp-inducing horror stories from the book, Kirby underscored the public health and environmental risks created by the oceans of excrement these operations release into the environment when they saturate spray fields with levels of liquid manure that runs off into nearby rivers, streams, and lakes.

Exhibit C: Through the international success of documentary film “Food, Inc.,” which is nominated for a “Best Documentary Feature” Academy Award millions of moviegoers were exposed to moving pictures of the environmental and social repercussions of industrial agriculture.

Defenders of industrial agriculture will tell you that spraying liquid manure on to pastures and cropland helps to fertilize that land to grow crops to feed the animals.  In reality, spraying massive amounts of liquid manure on the land is a cheap way for these industrial farms to dump their wastes.  The rest of us bear the true costs in the form of water that is unsafe for drinking, swimming, and fishing among other public health risks and other pollution problems.

Liquid manure is spread to saturation levels on a farm on the shores of Lake Champlain's St. Albans Bay, a part of the lake that has long suffered from algae blooms. Though blooms have yet to cause fishkills on the scale pictured above, scientists have documented a growing "dead zone" in the Lake's Northeast Arm--an area where manure from thousands of dairy cows is spread on riverside and lakeside cropland during much of the year.

This problem is coming to a head in Vermont, where lax regulation and poor management of industrial-scale dairy operations contributes pollution that feeds annual outbreaks of blue-green algae and nuisance weeds in Lake Champlain and is also responsible for bacteria contamination in the Lake and many other rivers and streams.  We would never allow unchecked pollution like this from any other industry, but the powerful agribusiness lobby has largely prevented the type of legislative and law-enforcement responses that this problem demands.  To learn more about CLF’s actions to document and force clean up and prevent a worsening of this dung disaster, read our report ”Failing Our Waters, Failing our Farms,” and the legal petition sent to EPA seeking stronger action under the Clean Water Act.   And check back here for a future post on other ways to get our society out of this dung dilemma.

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

Providence, RI February 18, 2010 – Affirming the need for proper procedure when deciding the fate of the State’s vulnerable coastal resources, the Rhode Island Supreme Court today overturned a Superior Court ruling that would have allowed the expansion of Champlin’s Marina into Block Island’s Great Salt Pond. The decision was hailed by Conservation Law Foundation (CLF) and others, who argued that the Superior Court exceeded its authority when it decided in February 2009 to circumvent the Coastal Resources Management Council’s (CRMC) permit review process and issue the Champlin’s Marina expansion permit itself.

“We are gratified that the Court agreed with our analysis and ruled in favor of good process,” said CLF staff attorney Jerry Elmer, who argued the case before the Supreme Court. “Today’s decision puts responsibility for determining what’s best for Great Salt Pond back where it belongs – in the hands of those who are charged with preserving our treasured coastal resources for future generations.”

With the Supreme Court’s decision, the case will be sent back to the Coastal Resources Management Council, which will be required to correct procedural errors that occurred in the permit review process and to vote again on the permit application.

Tricia Jedele, director of CLF’s Rhode Island Advocacy Center, stated, “Rhode Island needs cohesive, ethical and courageous management of its coastal resources if we are to adequately protect our state’s greatest assets. This decision underscores both the enormous challenge ahead of us and the mandate to get it right.”

Background

The Champlin’s Marina case dates back to 2003, when Champlin’s Marina applied to the CRMC for a permit to expand into the environmentally sensitive Great Salt Pont of Block Island. The CRMC held 23 hearings into Champlin’s application. In February 2006, by a 5-5 tie vote, the CRMC declined to approve Champlin’s permit application. Champlin’s appealed the permit denial to the Rhode Island Superior Court, which held a lengthy hearing into Champlin’s allegations of impropriety at the CRMC. In February 2009, the Superior Court issued a 91-page decision in which it ruled that there had, indeed, been improper procedures in the CRMC. At that point, the Superior Court should have sent the case back to the CRMC in order to correct the improper procedures and re-vote. Instead, the Superior Court exceeded its legal authority and itself simply granted the disputed permit to Champlin’s. That latter act – the granting of the disputed permit by the Superior Court – was reversed today by the Supreme Court.

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.

With the Red Sox in the playoffs yet again, I know I am not alone in the hope that we’ll be hearing a lot of the Standell’s 1966 tribute to Boston and the Charles River–”Dirty Water”–throughout the month of October as the Sox go for their third World Series trophy of the young century.

As much fun as it is to sing this song in the afterglow of a Sox victory, it’s sad that the label “dirty water” still fits the Charles River and so many other dirty waters across New England more than 40 years after the song came out and more than thirty-five years after the passage of the Clean Water Act.  One of the biggest problems now–blue-green algae blooms or scums (like the one on the Charles pictured below).  Beyond just making waters look and smell disgusting, swimming in water during or shortly after one of these blooms can cause skin rashes and ingesting water tainted with some blue-greens can cause unpleasant gastrointestinal problems.

Of all the reasons why we don’t really love that dirty water, scientists working on a cutting edge new theory may have identified a scary new one: a potential link between ingestion of toxins produced by blue-green algae and debilitating brain diseases like ALS (Lou Gehrig’s disease), Alzheimer’s, and Parkinson’s.

An article in the Spring 2009 UNH magazine details the work of two New England scientists whose research is exploring the connection between clusters of ALS sufferers–i.e., areas where the incidence of disease is abnormally higher than in the general populations–and lakes where blue-green algae blooms have been or are still a problem.  While scientists have discovered some startling links–discussed further in the article–more study is certainly needed.  Raising awareness is an important first step.

In the meantime, CLF is continuing to advocate for solutions to the water pollution problems that causes blue-green algae blooms.  Simply put, the cause is too much of an otherwise good thing: nutrients.  Phosphorus and nitrogen are nutrients that exist in abundant quantities on this planet.  Under normal circumstances, most water bodies contain just enough of these nutrients to promote healthy growth of plant and animal life.  But improperly-treated pollution discharges have the effect of concentrating and overloading these waters, creating conditions in which the toxin-producing blue-green algae thrive.  These pollution sources include:

• poorly-controlled discharges of runoff from paved surfaces like big-box store parking lots, construction sites, rooftops, and city streets
• discharges from sewage treatment plants
• runoff from farm fields overloaded with manure

In addition to our efforts to clean up the Charles River, CLF’s Clean Water program is a driving force for cleanup of nutrient-overloaded bays and estuaries on Cape Cod, New Hampshire’s Great Bay, Vermont’s Lake Champlain,  and is supporting Maine’s efforts to adopt stringent standards to control nutrient pollution discharges to coastal and inland waters in that state.  Your continued support of CLF’s work is helping to restore these water bodies to health. And, if the scientific research establishes a firm link between brain diseases and blue-green algae blooms, your support of CLF’s work may also help protect the health of present and future generations at risk of exposure to the brain-debilitating toxins that certain blue-greens blooms produce.

In an insightful reaction to President Obama’s health care speech to a joint session of Congress, noted author Michael Pollan (Omnivore’s Dilemma, In Defense of Food) said something very provocative on the pages of the New York Times.  Unlike South Carolina Congressman Joe Wilson, he didn’t accuse the president of lying.  But he did make pretty clear that the health care debate thus far has ignored a very significant part of the problem: an acknowledgment that our transformation into a fast food nation is playing a huge role in making health care more costly and less accessible for all Americans.

In his Op-ed titled “Big Food vs. Big Insurance“, he writes:

Cheap food is going to be popular as long as the social and environmental costs of that food are charged to the future. There’s lots of money to be made selling fast food and then treating the diseases that fast food causes. One of the leading products of the American food industry has become patients for the American health care industry.

He’s got a very compelling point, and it becomes even more compelling if you follow the “environmental costs” thread that he mentions only in passing.

Much of federal food policy is all about subsidies for corn, both as a feed crop for fatty meats raised under inhumane conditions on “factory farms” and for use in the ubiquitous sweetener high-fructose corn syrup found in calorie-laden soda and other processed foods throughout the supermarket.  Most of the corn grown in this country requires intensive application of nutrient-rich fertilizers, especially those with nitrogen.  A lot of the fertilizer gets dumped into rivers either through excess application onto the fields or through the mishandling of manure from the animals who eat all that corn without fully digesting the nutrients.

The water pollution problems caused by our heavily-subsidized fertilizer- intensive agriculture only serve to exacerbate our reliance on cheap and unhealthy food.  The result are seasonal “dead zones“: areas in polluted waterbodies like the Gulf of Mexico where algae blooms fed by the fertilizer runoff deplete waters of oxygen that fish need to live.  So to grow corn to fuel the increasing consumption of unhealthy process foods and soda related to the explosion of costly and increasingly-common health problems like Type 2 diabetes, we’re using fertilizers that destroy the capacity of fisheries to provide alternative sources of much healthier nutrition.  A vicious cycle if ever there was one.

Self-defeating food policies that poison and destroy fisheries aren’t the only link to rising health care costs.  As CLF reported in our “Conservation Matters” article on mercury pollution, “there is a high correlation between children with mental retardation, cerebral palsy, and other neurological disorders and mothers who have ingested high amounts of methylmercury from poisoned fish and water.”  To prevent these costly, life-long health conditions Northeastern states warn pregnant women and young children not to eat freshwater fish from the over “10,000 lakes, ponds, and reservoirs, as well as more than 46,000 miles of river deemed too toxic for fish consumption.” The pollution comes from coal-fired power plants whose owners refuse to sacrifice a small part of their enormous profits to install readily-available mercury pollution controls. CLF is continuing to fight for tougher mercury standards in hopes that New England’s freshwater fisheries–a historical source of great sustenance for our region’s people–will once again provide safe, nutritious food rather than potential health hazards.

There’s no doubt that health insurance reform is desperately needed, but to succeed in controlling costs and making us healthier it must accompanied by reforms to our food and environmental policies.

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…