The other night, I broiled a gorgeous piece of striped bass for dinner. Though I savored each bite of this healthy, delicious, lean protein, I couldn’t help think of the grim images of other sizeable stripers that washed up dead in the latest fish kill to occur on the shores of Cape Cod in late July.

Healthy striped bass like these inhabit many of New England's coastal waters. Nutrient pollution from septic systems creates toxic algae blooms in Cape Cod waters that threaten these fish. Photo credit: Bemep @ Flickr Creative Commons

According to the Cape Cod Times, on July 25, Falmouth residents began calling local officials complaining about foul odors and dead fish washing up on the shores of Little Pond Estuary–one of the many areas along Cape Cod where fresh water from the land mixes with salt water from the ocean. Upon investigation, officials confirmed the presence of what one resident referred to as a “heap of large dead fish…on the shore.”  Among the dead fish were dozens of striped bass, some measuring as long as 40″. The story noted that this is not the first fish kill of its kind in Falmouth’s Little Pond, nor is it the first on Cape Cod. You can see pictures of the dead stripers and read the full article here, and also check out a previous post to this blog discussing another Cape fish kill that occurred a couple of years ago: “1,000 Dead Fish on Cape Cod: When Will the Killer Be Brought to Justice?”

The tragic slaughter of these beautiful fish–much beloved by sport fishermen who bring tourism revenue to the Cape and other places on New England coast that these hard-fighting fish frequent–could have been stopped.

Scientists who investigated the fish kill identified nitrogen pollution from nearby septic systems as the main culprit.  You see, nitrogen is a common component of human wastewater. When too much of that wastewater flows unchecked into an estuary, the nitrogen feeds explosive blooms of toxic algae that  make the water smell foul, unpleasant to look at, and unsafe to swim in. Blooms of harmful algae also throw the entire ecosystem out of balance, resulting in an underwater environment without enough oxygen for even fast-swimming fish like stripers to survive.

Normally, most of the nitrogen that leaches from underground septic systems is retained in the soils. But, as this fish kill demonstrates, Cape Cod’s sandy soils present a unique problem because they are so porous that the pollution flows right through them and bubbles up into surface estuaries. Because of this unique pollution problem and the dire need to address it before more slaughter occurs, CLF is pushing EPA to recognize that the Clean Water Act requires these septic-system polluters to clean up their act.

Last week, a federal judge in Boston accepted the joint schedule that CLF and our partner Buzzard’s Bay Coalition worked out with EPA lawyers so that the Cape Cod cleanup litigation can move forward.  You can read more about our lawsuit and the clean water solutions that will help save the stripers here.

Photo by Robert F. Bukaty, courtesy of Portland Press Herald Archives

As mentioned in prior posts here and here, CLF’s lawsuit to reopen the St. Croix River to alewives resulted in this letter from EPA agreeing that the Maine Alewife Law violated water quality standards for the St. Croix.

Yesterday, the Maine Attorney General responded to that letter here and the response is disappointing to say the least.  The first half of the letter is not even related to the Alewife Law but rather a gratuitous attempt to bolster the State’s efforts to restrict the jurisdiction of the Passamaquoddy Tribe and other Maine tribes.  The second half of the letter does not contest the findings in EPA’s letter that the Alewife Law constitutes a change in the St Croix’s water quality standard but rather attempts to justify that change as a fishery management exercise unrelated to the Clean Water Act.

As I noted in a interview yesterday on MPBN, you can put lipstick on a pig but it is still a pig.  Nor is the State’s “commitment” to the so-called adaptive management plan for the St Croix currently under consideration by the International Joint Commission of any real value.  As noted in this article by Colin Woodard, the adaptive management plan may be better than nothing but just barely.

What this means for the St Croix is really nothing more than status quo – passage at the Grand Falls dam will remain closed to alewives as long as the State is willing to let bad science and a small minority of self-interested fishing guides call the shots.  This is even more unpalatable given the current crisis that our lobster fishery is in. A resurgent alewife population (close to 3 million before the State closed fish passage) could only help that industry that can use alewives as bait fish. A robust alewife population would also help the Maine groundfish and whale watching industries, for whom alewives are a key source of food.  For these reasons, as well as the health of the St Croix ecosystem as a whole, CLF remains committed to restoring alewives to their native habitat in the St. Croix.  Stay tuned for next steps.

A bloom of cyanobacteria, or blue-green algae, on Lake Champlain's Missisquoi Bay in 2011

If the weather during the rest of the summer remains hot and calm, this year may well be remembered as one of the worst for blue-green algae bloom in recent memory on Lake Champlain. That is too bad, because it means days of ruined beach visits, vacations when kids can’t go in the water and declines in income for lakeside businesses. But it could also cause a shift in attitude about what lake phosphorus pollution means, and how serious we are about dealing with it. And that would be a good result from a bad situation.

One of the interesting things about blue-green algae, or cyanobacteria as they are more accurately known, is that, unlike an invasive species or pollution by hazardous materials, they are normal inhabitants of land and water – and are nearly ubiquitous in some places. They become a problem, and a major one, when we cause the ecosystem to be out of balance. Otherwise, we would rarely think about them.

How do blue-geen algae become a problem? Under certain conditions, cyanobacteria explode into massive blooms. During the early stages of such a bloom, they look like pollen in the water and are easy to ignore. But as their volume increases, the blue-green algae can become a thick, paint-like mass that stacks up into white, blue and green froths, choking waterways, blocking sunlight, and, when they decompose, reducing the amount of oxygen in the water to dangerously low levels. Those conditions cause massive die-offs of fish and shellfish – and stinking piles of rotting algae along the shoreline.

Beyond all these problems, in such large volumes the cyanobacteria at times produce toxins which can sicken people and kill pets. In the late 1990s and early 2000s, before people were familiar with the dangers of cyanobacteria blooms, dogs died from ingesting those toxins. In other parts of the country, people have become very sick as well, including U.S. Senate Environment and Public Works Committee ranking member James Inhofe, who became ill in 2011 after he went swimming back in his district in Oklahoma. Inhofe, well-known for his opposition to much anti-pollution legislation, joked that the news story about his experience should bear the headline “the environment strikes back.”

So far this year, few blooms on Lake Champlain have reached the dense stage of development where they test positive for cyanotoxins. But parts of the lake that do not often have such blooms are now seeing cyanobacteria. Last year’s flooding from tropical storm Irene dumped record loads of phosphorus into Lake Champlain tributaries, providing the nutrients needed for blue-green algae populations to explode. And this dry, hot, calm summer has provided the right conditions for that population explosion to happen.

If people from those lake areas that are experiencing unprecedented blue-green blooms get together with those from other places – like St. Albans Bay and Missisquoi Bay where such blooms are almost yearly occurrences – we may be able to chart a different path and keep such problems from spreading any further.

With better farm management techniques, improved urban runoff systems and up-to-date sewage plants, we can prevent the otherwise inevitable spread of cyanobacteria to more places on Lake Champlain. If we can make that happen, this summer might go down in the books as not just the worst blue-green summer, but the summer in which things began to change for the better.

An algae bloom in the Winnicut River, NH. Photo by Peter Wellenberger.

A week ago I had the pleasure of attending an event to celebrate the restoration of a tidal river. The Winnicut River – primarily located in Greenland, NH – is now the only dam-free river in the Great Bay estuary. Thanks to the hard work of the Winnicut River Watershed Coalition and numerous state and federal agencies, the project includes a new fish passage and, in addition to the dam removal, a restored shoreline.

Despite being a beautiful July summer day, the event was marred by one distinct image. The free-flowing river now supports a large area of abnormal algae growth – the direct result of excessive nutrients. Standing on the water’s edge, it was impossible to miss the mat of green slime. This certainly put a damper on the celebration.

The Winnicut River is not the only site in the estuary where algae is now taking over. Large mats of macroaglae can be found in the Lubberland Creek area, and algae has been taking over places where eelgrass – the ecological cornerstone of the estuary – historically grew. However, the Winnicut River provides a valuable lesson that despite our best efforts, the Great Bay estuary faces the risk of further degradation that could lead to a collapse of its sensitive ecosystem. Our only option is to invest in the needed improvements to our infrastructure to dramatically reduce the amount of nitrogen pollution from wastewater treatment plants and stormwater.

This is why it’s so important to build a stronger voice for the estuary, and why I’ve been working so hard to build the Rescue Great Bay coalition. In a previous blog, I discussed the formation of this new collaboration – at that time consisting of eight founding members: the NH chapter of the Coastal Conservation Association, the NH Coastal Protection Partnership, the Great Bay chapter of Trout Unlimited, the Town of Newington, the Winnicut River Watershed Coalition, the NH Rivers Council, EcoMovement, and CLF’s Great Bay-Piscataqua Waterkeeper.  I’m pleased to say that in the last month alone, six more organizations have joined the effort – the Great Bay Stewards, New Hampshire Audubon, the Exeter-Squamscott Local Advisory Committee, the Lamprey River Watershed Association, the Oyster River Watershed Association, and Green Power Management Holdings, Inc. of Newmarket, NH.

As Great Bay-Piscataqua Waterkeeper, I’m pleased to serve as the lead for Rescue Great Bay. We are building a common voice for Great Bay to educate the public about the need for immediate action to clean up the estuary. Everyone has who has joined the group understands what is at stake – the longer we wait to take corrective actions, the more the estuary is at risk.

Part of our effort is to show that the public cares about the Great Bay estuary and wants to see meaningful action.  Toward that end, we now have a “Rescue Great Bay” petition that hundreds of people throughout the Seacoast have signed.  It reads:

“We, the undersigned, believe that clean water and a healthy Great Bay estuary are essential to the quality of life in New Hampshire’s Seacoast region and southern Maine.

“We also recognize that the health of the Great Bay estuary is in decline as a result of  water pollution from sewage treatment plants and stormwater runoff.

           “We understand that public investments will be necessary to clean up the Great Bay estuary and keep it healthy now and for future generations, and we support prompt action to reduce water pollution in accordance with the full protections of the Clean Water Act, including the most stringent limits on nitrogen – the pollutant of greatest concern – from NH and Maine sewage treatment plants affecting the estuary.”

Sign The Petition Here

From Market Square Day in Portsmouth, to other events, it’s been great to engage concerned citizens with this petition, and to see how strongly people feel about protecting the estuary.  If you have not already signed, I urge you to do so by clicking here, where you’ll find an online version of the petition. Please also consider forwarding  the link below to your friends and neighbors and anyone else who cares about the future of this remarkable resource.

Let’s put an end to the sort of water quality problems I saw in the Winnicut River, before it’s too late. Together we can help ensure a cleaner and healthier future for the Great Bay estuary.

Sign The Petition Here

Pressure is building to reopen the St. Croix River to the alewife, a critical forage fish.

Earlier this week the Environmental Protection Agency (EPA) issued a letter adopting the recommendations made in our lawsuit seeking  to restore alewives, a key forage and bait fish, to the St. Croix River.

As noted last month, CLF initiated a lawsuit against the EPA due to its failure to review and reject the Maine law that requires an existing fish passage facility at the Grand Falls dam to be closed. You can find the blog post here, explaining why we sued EPA.

As I said in the press statement, “EPA’s letter is a gratifying sign that we’re finally making substantive progress in restoring this important fish to the St. Croix River watershed. As EPA now agrees, this law is scientifically and legally unsupportable. We hope that further litigation is unnecessary to ensure that the state follows the directive of EPA in allowing alewives to return to their native waters.”

Since CLF filed its complaint, the Passamaquoddy Tribe, joined by other Maine Tribes, has formally requested Maine’s Governor Le Page to repeal the state law and, in the alternative, asked the International Joint Commission to invalidate the law. See a copy of the letter here. CLF is working with the Tribes to achieve the goal of restoring alewives to their native waters in the St. Croix watershed

This story was the subject of a front page article by Colin Woodard in the Maine Sunday Telegram. You can find that article here.

For more than a decade, the rock band Phish has been a strong supporter of CLF’s work to make all of New England’s inland and coastal waters safe for swimming, boating, and fishing.  Through the band’s phan-funded charity, the Waterwheel Foundation, Phish has supported CLF’s Lake Champlain Lakekeeper and other CLF-led clean water campaigns.

Recently, Waterwheel has funded CLF’s work to advocate for climate change adaptation strategies. This work will ensure that we learn the lessons about how to minimize and recover from flooding after extreme weather events like Tropical Storm Irene. 

Waterwheel foundation supports charities like CLF with the proceeds from sales of exclusive Phish merchandise, including rare autographed posters, organic tee shirts, and hoodies. CLF is honored to have been invited by Waterwheel to help work the merchandise table again on this year’s tour.

We’ll be at the DCU Center in Worcester, MA for this Thursday evening’s concert. There are still a few tickets left. While you’re at the show please consider drop by the Waterwheel table inside the concert to say hi to me and the other CLF volunteers who are teaming up with Waterwheel to ensure that we have enough clean water for people and fish alike.

Image courtesy of USDA @ flickr.

Last week, CLF filed a lawsuit against the EPA and Curtis Spalding, EPA Regional Administrator, Region 1. (You can find a copy of the suit here, and copy of the press release here.) I want to take a moment to explain why this lawsuit is important.

The alewife is a critical “keystone” species in marine and fresh waters – it is an important source of food for many fish and marine mammals and for numerous birds.  The alewife is a native fish to many Maine rivers and is anadromous, meaning it starts its life in freshwater ponds and lakes, migrates down river to the ocean where it spends most of its life and then returns to its native waters to spawn.

As on many Maine rivers, alewives on the St. Croix River were all but extirpated due to pollution and the damming of the river. However, in the early 1980’s, the population of alewives in the St. Croix River was restored, reaching more than 2.5 million a year due to cleaner water and effective fish passage at the dams on the river.  But in 1995 the Maine legislature passed a bill specifically designed to block alewife passage at the Woodland Dam and Grand Falls Dam on the St. Croix River, based on what turned out to be unsubstantiated claims that alewives were causing a decline in the non-native smallmouth bass population in the St. Croix watershed. In 2008, even after those claims were found to be without merit, the Maine legislature amended the law to allow alewives passage only at Woodland Dam, restoring only 2% of the natural habitat previously available to alewives – effectively preventing them from accessing 98% of their natural habitat in the St Croix above the Grand Falls Dam.

As a result of this change, as I said in my letter to EPA Administrator Lisa Jackson, “the Maine Legislature intentionally and effectively changed the water quality standards for that section of the St. Croix [from Class A] to Class B.” As we allege in our suit, this action obligated the EPA to review and reject that change pursuant to its non-discretionary duties under the Clean Water Act (or CWA).

Under the Clean Water Act, any change to an existing water quality standard must be consistent with the state’s anti-degradation policy and must be submitted to the EPA for review. The de facto change to the water quality standards of the St. Croix was not submitted to the EPA for review, nor did EPA review the change for approval or disapproval, as required.

As a result, Maine was allowed to circumvent its responsibilities, and the EPA failed to fulfill its legal obligations.

As I said in the press release, “The law is fundamentally at odds with the legal requirement that the St. Croix River provide natural habitat unaffected by human activity for these fish and EPA has a continuing obligation to review and reject this change in that requirement.”

I was joined in my statement by Bill Townsend, a longstanding member of CLF and one of the deans of Maine’s environmental community, who noted that when he served as President of Maine Rivers, it obtained the funding and data to support studies that alewives are not detrimental to small-mouth bass populations, the original basis for the law. “The failure of the Maine Legislature to change the law in the face of that evidence and of the EPA to take every possible step to address that wrong is unacceptable.”

For more, find copies of my letter to EPA Administrator Lisa Jackson here, CLF’s filing here, and our press release here.

Stay tuned for more!

When people think of Sugarbush Resort, they envision scenes like the one pictured below: high mountain peaks blanketed with pristine snow beckoning skiers to swoosh down the slopes.  Of course when springtime comes that snow melts, feeding small streams that flow first into the iconic Mad River and eventually to Lake Champlain.  These high mountain streams are incredibly important yet sensitive and vulnerable links in the clean water chain.

A skier rests on a sunny day at Sugarbush. Photo by pinneyshaun @ Flickr Creative Commons

Rice Brook is one of the streams that flows through the heart of the resort area.  Over the years, runoff polluted with sediment from gravel roads, driveways, and parking lots degraded water quality and habitat conditions in the stream. By 1996, the Brook no longer supported a healthy community of aquatic wildlife, leading state officials and EPA to “list” the Brook as “impaired.”

Sadly, it was a story unfolding around build-out at other ski areas across the state and in areas around lower elevation streams where forest and farmland was being converted into stripmalls and other pavement-heavy uses.  By the early-2000′s, sixteen other Vermont streams were also officially listed as impaired due to runoff pollution, a.k.a. “stormwater,” with many more placed at risk of impairment.

During this time, Conservation Law Foundation and other partners began an 0ngoing advocacy campaign pressuring regulators to enforce requirements in clean water laws designed to ensure that developers of properties that contributed polluted runoff to streams were doing their part for cleanup.

Sugarbush got ahead of the curve in accepting responsibility and committing the resources necessary to do its part for clean water moving forward.  Sugarbush partnered with the environmental consulting firm of Vanasse Hangen Brustlin, Inc. (VHB) to tackle the problem.

Through implementation of a time-bound, state-approved “Water Quality Remediation Plan,” the Sugarbush team restored clean water and healthy aquatic communities to Rice Brook, creating a template for action that can be copied by others responsible for restoring degraded streams around the state and the region. Sugarbush and VHB:

• Identified the specific sources of the problem
• Established cleanup targets by studying conditions in healthy streams similar to Rice Brook
• Designed and implemented “best management practices” and structures to restore the landscape’s natural flood storage and pollutant-removal capacity
• Educated resort employees and contractors about streambank restoration, erosion prevention, and other water quality practices
• Monitored water quality and aquatic organisms to track progress
• Committed resources to ongoing operation and maintenance of runoff control and treatment structures

In recognition of the results, EPA approved the removal of Rice Brook from the list of impaired waters and Governor Peter Shumlin bestowed Sugarbush and VHB with a 2012 Environmental Excellence Award.

Too often, critics complain that it is either too expensive or too difficult to restore clean water to degraded rivers and streams. In their application for the Environmental Excellence Award, Sugarbush and VHB answered those critics, pointing out the multiple economic benefits to the tourist-based economy from their successful cleanup effort, including:

• water supply protection
• access to recreation such as swimming and fishing
• aesthetic enjoyment of clean waters by resort guests and others
• ecological sustainability
• greater certainty in future permitting processes based on proven approaches to mitigate development runoff impacts

Congratulations to Sugarbush and VHB for showing Vermont how sweet clean water success can be.

Until the last week or so, it’s been a dry spring here in Maine and so most of us have welcomed the recent spate of rain. But as I rode past the Back Cove and the East End Wastewater treatment plant in Portland this morning, it was hard not to think about the downside of all this rain–the runoff from streets, rooftops and other hard surfaces that overwhelms our sewer system and treatment facilities and washes untreated right into Back Cove and Casco Bay, carrying pollutants like oil, metals, waste and other accumulated debris along with it. It’s no surprise that these concerns might occur to me, given CLF’s long-standing involvement in tackling this issue, but it doesn’t take an advocate to see the need for action. For Chris Aceto, CLF’s landlord here at 47 Portland Street in Portland’s Bayside neighborhood, a recent article by Seth Koenig of the Bangor Daily News brought back some not so great memories of a dirtier Casco Bay and was a reminder that we still have a lot of work to do:

“I am 46. My mother used to take me to the East End Beach when I was 6 which would have been 1972. I can remember it so clearly because although I was 6, I thought, “This is not a beach!!” You could SEE the raw sewage like some kind of movie footage!  I think she wanted me to see the “beach” she went to when she was a little girl. My brother was the first lifeguard hired when that beach was opened up for swimming. It may have been 1979 or so. My cousins used to have a place at Peaks Island and NO ONE wanted to go there because the Ferry used to pull in to the docks on Commercial Street and you could not “see” water – it was brown, gross, stinky filth floating on top of the water.

Once the city showed some initiative to clean the water and build its first treatment plant, economically, Portland started to turn around. I am sure I am preaching here to the choir, but that article just brought back a ton of memories.” — Chris Aceto

Thanks to Chris for recounting that story that reminds us all about how important our continued vigilance is on finding short-term and long-term solutions to the problem of polluted runoff fouling our waterways, not just here in Portland, but around Maine and the country.

The City of Portland has made good progress in the past few years, but there remains a good deal of work to do.  CLF will continue to push for a solution that will allow us to stop sending untreated pollution and sewage to Casco Bay.