The Boston Harbor Hotel is innovative in maintaining public access to Boston's waterfront with its beautiful and distinctive arch.

On Friday, June 10, CLF’s Boston office had the pleasure to host 10 members of the Indonesian non-profit organization Genderang Bahari (Maritime Spirit) Movement to discuss strategies for the preservation of historic harbors. The professional exchange was sponsored by the State Department’s International Visitor Leadership Program and arranged by the local nonprofit organization WorldBoston.  Members of the movement are interested in gaining ideas and insight into how to best revive the approximately 80 old harbors in Nusantara, Indonesia.

CLF’s Peter Shelley spoke to the diverse group of engineers, architects, and project managers about the strategies behind historical preservation and the role of non-profit organizations like CLF in such processes. As a way to provide context, Peter described the history of relevant land and zoning laws in America.  Our guests were understandably surprised by the fact that the heart of Boston used to be intertidal mud flats (the current location of CLF’s Boston office was actually underwater in the 1700s), and that the laws we use today to protect public lands originate from the King of England’s mandates in the colonial era. Their amazement reflected the sometimes overlooked richness of Boston’s history.

The Colonial Ordinances of 1641-1647 granted private ownership of coastal property in Massachusetts as long as the public’s historic rights to fish, fowl, and navigate coastal lands were protected and maintained. Still in effect today, the old “fish, fowl, and navigate” public rights are broadly defined to include other public benefits. As such, the state can require private developers building on the waterfront to provide bathrooms or create walkways for the general public. In fact, CLF used this concept in the 1980s to ensure that the placement of the Boston Harbor Hotel, located on Boston’s waterfront, would not obstruct public access to the waterfront – this resulted in the design and construction of the hotel’s beautiful arched dome walkway, allowing the public a gateway underneath the hotel from the street to the harbor. The Indonesian delegates, having seen the hotel and its distinctive arch, recognized the significance of this legal tool.

In his advice to the delegates, Peter Shelley emphasized the need for having compelling vision, community support, and leverage, all of which should be further supported by an economic argument. When discussing leverage, protection, and potential obstacles, the conversation always returned to money, an internationally understood incentive and potential complication. One guest revealed that his non-profit organization faces a social problem as well, because nobody seems to care about the “local people by the sea.”

After Peter finished describing the role of CLF like that of a “watchdog,” the delegates were inspired and expressed their need for an organization like CLF in Indonesia to help them preserve their historic harbors. They were enthusiastic about the initiative, collecting several different ideas of how best to proceed with their project after listening to how public property is protected in America. At the close of the meeting, Peter left them with a poignant and lasting piece of advice. He reminded them that the process of creating a successful campaign is “not easy, but it’s certainly worth fighting for.”

The state of Maine is steadily moving forward in its quest to potentially purchase an East Millinocket landfill as part of an effort to save two paper mills that are responsible for hundreds of jobs in the Katahdin region.  The State’s rationale is that in order for the mills to be acquired and reopened by a new company, the liability of the landfills that have been the recipient of waste from the mills for decades must be separated from the mills themselves.

While the intent of the State to try and resurrect the source of up to 600 jobs in the Katahdin region is a good one, this action brings to mind the old saw that “the path to hell is paved with good intentions.” If the state were to acquire the landfills, the facility’s operations and maintenance costs alone are estimated to be a minimum of $250,000 a year.  Those costs pale in comparison to the estimated $17 million to clean up and close the landfills (which only have a few years of capacity left) and does not include costs to clean up groundwater or soils contaminated by more than two decades of unpermitted landfill leachate (liquid that moves through or drains from the landfill) that has been discharged into the groundwater and surface waters in the region, discharges that are ongoing and in violation of both state and federal laws.

CLF raised these concerns in a letter to the Legislature’s Environment and Natural Resources Committee last week, and called for the Committee to thoroughly explore the liability issues the state might incur as a result of purchasing the landfill, as well as how the State would provide funding to properly close and clean up the contamination associated with the landfill. Right now, the state has no dedicated source of funds to meet those costs. In addition, there is a potential constitutional issue concerning the State’s ability to take on such a large liability without a two-thirds vote of support in the Legislature and approval by the people.  CLF will continue to review this issue and determine whether or not action is necessary to address the issue of unpermitted discharges with the DEP and the Legislature.

Vermont’s Governor Shumlin announced today a new direction for the Circ Highway.  This is good news.  CLF has long supported re-thinking the Circ Highway, and focusing instead on transportation solutions that work.  As planned, the Circ is getting in the way of progress and causing too many people to be snarled in traffic and pollution.  The EPA has noted the severe damage the Circ would cause to waterways and wetlands.

CLF welcomes and encourages the Governor’s efforts.  We look forward to working with local communities and businesses to find effective, safe and lower cost solutions.  We don’t need to bust the bank, add more sprawl and dirty our streams to get around.

Unfortunately, our state and federal highway agencies also announced the completion of the final environmental review for the outdated Circ project.  We are disappointed with all the wasted money and effort spent on this outdated project.  Officials should have stopped the review before it was completed.  CLF will evaluate the final review and consider whether an appeal should be taken to Federal Court.

CLF's Peter Shelley accepts EPA's Environmental Merit Award on behalf of CLF and CRWA. (Photo credit: Emily Long)

Yesterday, CLF and the Charles River Watershed Association (CRWA)  received an Environmental Merit Award from the New England office of the U.S. EPA in recognition of their exceptional work on reducing discharge of heated water from the GenOn Kendall Cogeneration Plant (formerly known as Mirant Kendall) in Cambridge, MA. The award was presented at a ceremony at Faneuil Hall in Boston.

Led by CLF Senior Counsel Peter Shelley, the two groups and other key stakeholders, undertook five years of negotiations to reduce the massive amounts of heated water that the plant was discharging into the Charles River, killing fish and destroying the river ecosystem. As a result, in February 2011, EPA issued a new water quality permit that 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. In addition, the plant 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, at which point the excess steam will be used to heat buildings in Boston. More >

On April 14 U.S. District Court Judge William G. Young issued a final judgment in CLF’s favor in our suit against the MassHighway Department, bringing to a close nearly five years of litigation to push the department to manage stormwater runoff from state roads that was polluting nearby waterbodies. The court found that MassDOT (which now includes MassHighway) is finally, sufficiently carrying out its obligations. As a result of CLF’s suit, MassHighway has now built new stormwater treatment measures at the three sites that were contributing to discharges that cause on occasion instream exceedance of water quality standards. In addition, it submitted a revised Storm Water Management Plan that addressed the numerous deficiencies in the original plan which the court approved. The court noted, however, that MassHighway has more work to do. MassHighway has committed to assess its storwmater impacts on over 600 locations over a five-year schedule and to install new treatment if necessary.  MassHighway will have to submit two more reports to the Court detailing its activities throughout 2011.

When CLF filed suit in 2006, MassHighway had not even obtained permit coverage for its stormwater from EPA as required under the Clean Water Act. Two years later, in 2008, Mass Highway had done nothing to comply with the federal court order to clean up three sites in Milford, Franklin and Lancaster, Massachusetts, and had not revised its statewide cleanup plan for degraded waters.  CLF took MassHighway back to court, and at a hearing in May, 2010, Judge Young called MassHighway to the mat for non-compliance with federal law and issued an order to begin the cleanup immediately. (For a more detailed history of the case click here.)

At long last, the Judge issued a final judgment in CLF’s favor. This lawsuit sets a precedent for how stormwater is managed, on MassHighway’s remaining 2,500 miles of roadways in Massachusetts and the 600+ locations throughout the state where stormwater is being dumped into degraded rivers, lakes, and streams. The true measure of our success, however, is cleaner water. One important thing to note is that Judge Young, in the court’s final judgment, explicitly said this does not preclude suits for future violations so you can be sure CLF will be closely monitoring MassHighway for years to come. Until next time…

CLF praised the Patrick Administration today for announcing its new regulations on biomass energy for Massachusetts. CLF has been instrumentally involved in the state’s  debate over biomass, helping to bridge the gap between environmental interests, forest advocates and policymakers in the state. CLF and others have fought for science-based rulemaking that would allow certain biomass projects to receive state subsidies only if they contribute to the state’s greenhouse gas reduction goals while ensuring protection of its valuable forestry resources. Read the proposed regulations in their entirety here.

“We are encouraged that the state has looked to the latest science and public input to craft these nation-leading regulations and to identify more responsible policies for biomass energy in Massachusetts,” said CLF Massachusetts Director Sue Reid. More >

Photo credit: National Park Service

We’re excited to share that we’re very close to reaching our Earth Day Challenge goal of raising $41,000 which CLF board members have agreed to match dollar-for-dollar, making your gift work twice as hard! We’d like to extend an enormous thank you to all of you who reached for your credit cards and checkbooks– and for those of you who haven’t, to announce that you’re not too late! Just to be absolutely sure that we meet our goal, we’re extending our Earth Day Challenge deadline until midnight on April 30. You can help push us over the finish line by making a new or increased gift today!

Today, 41 years after Earth Day’s founding, its purpose of shining a spotlight on environmental issues is more poignant than ever. In the past few weeks alone, we have watched with terror as a nuclear disaster unfolded in Japan and, just two days ago, solemnly observed the one year anniversary of the BP oil disaster. Yet, in the current political climate, our national resolve to avert disasters like these and protect our environment is weak. That’s why every day is Earth Day at CLF.

Whether it’s working to ensure that appropriate caution is taken with the proposed Northern Pass transmission project in New Hampshire, or fighting to prevent Vermont’s state lands from being ravaged by ATVs, we shine a spotlight every day on the issues that concern you.

Tackling these challenges – and turning them into victories – is not possible without your help. Thank you in advance for all you do to help CLF protect our New England, today and every day.

A pile of scrap metal and debris at the Grimmel Industries facility in Portsmouth, NH. Toxic stormwater discharges from the site have long been polluting the Piscataqua River. (Photo credit: CLF)

At CLF’s urging, today the Environmental Protection Agency (EPA) issued an administrative order requiring Grimmel Industries to take prompt action to clean up toxic stormwater discharges to the Piscataqua River. Grimmel Industries operates a massive scrap metal collection and shipping facility at the Pease Development Authority’s Market Street Terminal, in Portsmouth, NH, on the banks of the river.

“For too long, this facility has been discharging mercury, PCBs and other pollutants into the Piscataqua River,” said Tom Irwin, CLF New Hampshire director.  “It’s simply unacceptable for this or any facility to discharge such toxic contaminants into this river – a critical coastal resource for New Hampshire – or into any of our waterways.  These discharges are in clear violation of the Clean Water Act; we’re pleased that the EPA is taking action to force compliance.” More >

Charles River on a sunny day. Photo Credit: http://www.flickr.com/photos/nostri-imago/

In times of economic woes, environmental concerns are often pitted against fiscal concerns. Take the recent attacks on the EPA’s power to enforce the Clean Air Act and the Clean Water Act, for example. Republicans in Congress argue that the US cannot handle the economic costs necessary to comply with regulations and that the alleged “job-killing” regulations threaten our economic recovery. However, recent studies are testimony to the inaccuracy of these claims.

In one instance, a $2 million one-time investment in a bike path along the Little Miami River in Cincinnati resulted in $6 million – per year – in economic benefits to the local community. In addition, another $2 million per year is generated from canoe and kayak rentals. So in one year alone, all of the initial investment costs are returned and then some!

But what about restoring a river? Do the high costs associated with such projects also make sense? Another study found that restoring Mill Creek, which runs through a heavily industrialized section of Cincinnati, would result in $100 million increase in property values, a $3.5 million annual increase in recreational use and a $5.5 million increase in property tax revenue. There is now a $1 million investment per year to restore Mill Creek. (You can read more about these studies and others here.)

This research confirms what we learned from cleaning up Boston Harbor and other waterways in New England. Clean rivers are essential to a healthy economy and investments in clean waters can drive economic growth. Even if you do not fish, boat, kayak, or swim, local communities stand to benefit tremendously by investing in the preservation or restoration of their waters.