The Great Bay-Piscataqua Waterkeeper, along with the Coastal Conservation Association of NH, Great Bay Trout Unlimited and the NH Coastal Protection Partnership, coauthored the following editorial to The Portsmouth Herald.

A copy of this OpEd was originally published in The Portsmouth Herald. You can find a copy of it online here.

April 13 — To the Editor

The Great Bay estuary is in decline. That’s the inescapable message of the Piscataqua Region Estuary Partnership’s (PREP) most recent (2009) State of the Estuaries report, which tracks the health of the Great Bay and Hampton/Seabrook estuaries.

Of 12 primary indicators of the estuary’s health tracked by PREP, 11 show negative or cautionary trends, including two very troubling negative trends: nitrogen concentrations in Great Bay are increasing, and eelgrass vegetation — the cornerstone of the Great Bay ecosystem, and an important nursery for fish and other marine species — is in sharp decline.

Consistent with findings in the 2009 State of the Estuaries report, the N.H. Department of Environmental Services and Environmental Protection Agency have acknowledged that waters throughout the Great Bay estuary are impaired, meaning that their health is in jeopardy. Based on the overwhelming evidence that immediate action is needed to clean up the estuary, the Environmental Protection Agency has begun issuing draft permits to limit nitrogen pollution from sewage treatment plants affecting the estuary (there are a total of 18 such facilities, 14 of them in New Hampshire; none currently has a nitrogen pollution limit).

In sharp contrast to the need for urgent and meaningful action, however, a small group of municipalities calling themselves the Great Bay Municipal Coalition — Dover, Portsmouth, Exeter, Rochester and Newmarket — persistently have tried to claim “the science is in doubt” and to delay needed improvements to their sewage treatment plants.

In the face of the pollution problems plaguing the estuary, rather than taking meaningful steps to solve the problem, the municipal coalition has engaged in a withering, all-out assault on the N.H. Department of Environmental Services and EPA. Last summer they sought assistance from a New Hampshire member of Congress, resulting in a bill calling for a five-year moratorium on any EPA permitting activity in the Great Bay estuary. Most recently, the municipal coalition filed a lawsuit against the N.H. Department of Environmental Services, challenging — on procedural grounds — the legality of its analysis regarding nitrogen pollution in the estuary.

Members of the municipal coalition have been sure to explain that they care about the Great Bay estuary, and that they want to be part of the solution. They say they’re committed to “immediately” upgrading their sewage treatment plants to reduce nitrogen pollution. But their words ring hollow. In fact they’ve made clear that while they’re willing to “immediately” upgrade their sewage treatment plants to reduce pollution to a certain level, if they’re required to do more they will litigate the validity of their permits, and they’ll do nothing to upgrade their sewage treatment plants while that litigation is pending. Actions speak louder than words, and so far the municipal coalition’s only actions have been to delay what must be done to save the Great Bay estuary.

The Great Bay estuary belongs to us all. The health of its waters is inextricably linked to tourism and the local economy, and to what makes the Seacoast such a special place. We cannot allow the health of Great Bay, Little Bay, the Piscataqua River, and all the waters comprising the estuary to be held hostage. The estuary is approaching a tipping point which, once crossed, will make its recovery all the more expensive, if not impossible. Just ask the folks struggling to reverse the collapse of the Chesapeake Bay. Maryland, alone, is expected to spend — conservatively — $11 billion to clean up the bay.

We simply can’t afford to keep kicking this can down the road. It’s time for the municipal coalition to start investing in real solutions rather than paying lawyers and outside consultants to thwart needed action. It’s refreshing to see the town of Newington, which will be subject to EPA permitting, embracing the protections required to save Great Bay; and it’s encouraging to see another community, the town of Durham, choose not to follow the municipal coalition down the path of litigation and delay. We all benefit from a clean, healthy Great Bay estuary. Now is the time for action.

Derek Durbin
Chairman, New Hampshire Coastal Protection Partnership

Mitch Kalter
President, Trout Unlimited, Great Bay Chapter

Don Swanson
President, Coastal Conservation Association, N.H. Chapter

Peter Wellenberger
Great Bay-Piscataqua Waterkeeper, Conservation Law Foundation

With Northern Pass and other new transmission projects on the horizon, CLF and other leading New Hampshire environmental organizations are presenting a special free webinar on what it really means for New England to import more hydroelectric power from Canada.

The webinar will be next Friday, March 9, 2012, 2:30 to 4pm EST. Click here to register. All you’ll need is a computer and an Internet connection. Please join us, and spread the word to friends, family, and colleagues. The webinar is sponsored by CLF and our friends at the Appalachian Mountain Club, Conservation New Hampshire, The Nature Conservancy in New Hampshire, and the Society for the Protection of New Hampshire Forests (SPNHF). 

A scene along the Romaine River from Seeking the Current (copyright Chercher le Courant)

The idea is to provide an accessible summary of the environmental and energy implications of imports, including the often-overlooked impacts of the new hydropower developments in Canada that will supply the power. One of the key questions is what new imports will really mean for the climate, and I’ll explain the findings of a recent report commissioned by CLF on the greenhouse gas emissions of hydropower. As we’ve often pointed out, whether and how to import more hydropower from Canada is a critical issue for the entire region’s energy future. And it’s not just about New Hampshire and Northern Pass — just last week, the developer of the Champlain Hudson project in New York announced that it is moving forward with a revised proposal for an underwater and underground transmisssion line between Canada and New York City that will have the support of state officials, municipal governments, and environmental groups.

During the webinar, you’ll hear from me, and also from Tom Irwin, CLF Vice-President and CLF-NH Director; Ken Kimball, AMC Director of Research; and Will Abbott, SPNHF Vice President for Policy and Land Management.

The webinar will feature a special guest appearance by Québecois filmmaker Nicolas Boisclair, who will be in New Hampshire this month for a series of screenings of his documentary film, Seeking the Current, which shines an unsparing light on Hydro-Québec and its ongoing $8 billion hydropower project on the Romaine River. We’ve put all the details on the screenings (and the webinar too) at this link.

For more information about Northern Pass, sign-up for our monthly newsletter Northern Pass Wire, visit CLF’s Northern Pass Information Center (http://www.clf.org/northern-pass), and take a look at our prior Northern Pass posts on CLF Scoop.

Steven Syre, in his widely read Business news column in the Boston Globe, delves into one of the many important aspects of the settlement between the Commonwealth of Massachusetts and Northeast Utilities and NStar, setting the stage for those two utilities to proceed with their plans to merge. As he notes, most of the attention (understandably) about that settlement has been focused on the provision regarding the purchase of power, by NStar on behalf of its customers, from the Cape Wind project.

However, Syre discusses the provisions of the settlement regarding imports of power from large hydroelectric facilities in Quebec into New England. He notes that the settlement includes a commitment by the Massachusetts utilities signing the agreement that they would not use any large hydropower to meet state-mandated renewable energy targets for the next five years and describes the concerns that lead to this conclusion.

Syre describes how, “State officials and others point to several reasons why it would be a bad idea to count hydropower as a source of power that qualifies as renewable energy. They say that such a designation could increase the price of hydropower and hinder the long-term development of other forms of renewable energy.”

He notes that:

“Other critics even think Hydro-Quebec’s environmental benefits are being oversold. A new study commissioned by the Conservation Law Foundation says large-scale Canadian hydropower will produce ‘substantial greenhouse gas emissions that are comparable to those of modern natural gas-fired power plants.’”

CLF’s take on the agreement grows out of our deep involvement in the merger proceeding and our engagement with many issues that are addressed in the settlement. These include both the Cape Wind project and the questions about the net environmental impact of large hydroelectric power. CLF commissioned the study that Syre discusses, as well as a related analysis that highlights the existential threat to New England-based renewable power from designating large hydropower as eligible for financial incentives under our renewable energy laws.

All of the provisions of the agreement work together to move towards the goal of net gain for the customers of the merging companies and movement towards attaining the important environmental goals of Massachusetts. As Sue Reid of CLF, our lead advocate on the merger, said about the settlement, it is a significant advancement for Massachusetts and all of New England in a number of regards:

• It removes the last major hurdle to building Cape Wind;
• It ensures that the Commonwealth will continue to reap the cost savings and environmental benefits of the Massachusetts Green Communities Act;
• It will help ensure that imported hydropower does not diminish other renewable energy deployment in Massachusetts and beyond;
• It will reduce barriers to installation and operation of small, distributed renewable energy generating facilities in Massachusetts; and
• It will freeze the merged utility’s rates for 4 years, will require transparent public review of NSTAR’s electric and gas rates before the rate freeze expires, and will deliver – upon approval of the merger – an immediate 50% credit to Massachusetts customers based on expected merger savings during the first 4 years following merger approval.

All of these provisions are significant and are reason to hail this agreement as an important landmark in the evolution of our energy system and the march towards a cleaner and better future where our economy, environment and communities can all thrive.

Zak Griefen

CLF is pleased to welcome Zak Griefen, a Vermont native and former litigator for Cheney, Brock and Saudek, in the newly created role of environmental enforcement litigator. Based in CLF’s Vermont office, but working on cases throughout New England, Zak will be focused initially on cleaning up our region’s inland and coastal waters by ensuring that polluters are aware of their Clean Water Act permitting requirements and bringing federal litigation when necessary. The environmental enforcement litigator position was created to hold polluters accountable for the violations of environmental regulations—Clean Water Act and others—that are rampant across New England, compromising our region’s health and the health and safety of our citizens.

Zak has a BA from the University of New Mexico, and earned his JD, cum laude, and Master of Studies in Environmental Law, magna cum laude, from Vermont Law School in 2005, where he was an editor of the Vermont Law Review. Admitted to practice in VT and MA, he served for two years as clerk to the judges of the Vermont Environmental Court, and then practiced civil litigation in Montpelier, where he lives with his wife and two children. Zak, who served as a summer intern at CLF in 2004, is an avid angler and is particularly interested in protecting healthy streams and promoting sustainable land use.

CLF is a proud founding member of Renewable Energy New England (RENEW) – a group that brings together renewable energy developers and technology companies with environmental advocates.

In a major milestone in the life of RENEW (a relatively new organization) ISO New England (ISO-NE), the operator of the region’s “bulk” power system and wholesale electricity markets, has elected to perform a regional economic study requested by RENEW.

The RENEW economic study will evaluate how much of the approximately 4,000 megawatts of wind energy projects that have applied to connect to the New England system (the technical phrase is, “in the interconnection queue”) could be developed over the next five years without significant transmission upgrades (that is, building new power lines or supporting hardware) and what the economic impact of making those upgrades would be in order to develop the remaining wind power projects.

ISO-NE performs annual economic studies drawing from requests submitted by stakeholders.  In recent years ISO-NE has undertaken studies at the request of the Governors of the New England states that looked at long-term scenarios for building wind energy resources and transmission for supporting such resources. In the past two years ISO-NE has studied high penetration renewable resource scenarios for the year 2030 in the course of doing a New England Wind Integration Study (NEWIS). RENEW hopes the 2011 study will inform development and transmission upgrade decisions over the next few years as the states work to meet their renewable portfolio standard requirements, address the climate imperative to reduce emissions from the power sector and work to build a new clean economy.

More information on NEWIS and the economy study can be found at the ISO-NE section on the RENEW website.

Special mention and recognition is due to Abigail Krich, the President of Boreas Renewables, transmission consultant to RENEW who was the primary representative of RENEW in the NEWIS process and in the development of the economic study request (and whose material I have shamelessly borrowed from in crafting this blog post).

In honor of the 41st anniversary of Earth Day, CLF Board members from across New England have banded together to make an extraordinary $41,000 investment in CLF’s – and our region’s – future. Every new or increased gift you make now through Earth Day – April 22– can be matched, dollar-for-dollar, up to $41,000.

Your gift today will go toward solving the region’s toughest environmental problems, and help us ensure a healthy, thriving New England for generations to come. From Maine to Rhode Island, CLF stands up for your favorite places, for the health of your families and your communities, and for the prosperity of our region. Since the last Earth Day, we:

• Cleaned up the air in Somerset, MA by closing the doors on an old, polluting coal plant
• Won tougher standards for phosphorus pollution in Lake Champlain, VT
• Preserved the fragile ecosystem of Great Salt Pond on Block Island, RI
• Saved Mainers millions of dollars on electricity infrastructure
• Helped NH cities and towns save energy and money by increasing energy efficiency

As Earth Day approaches, we are reminded that around the world and right here in New England, our land, our oceans and our air are in peril. On the heels of the 2010 elections, many in the new Congress are pursuing a clear anti-environment agenda, one that cuts directly to the core of the most fundamental protections for our health, safety and well-being. With leadership in Washington sorely lacking, CLF is uniquely poised to take the reins in protecting New England.

Today, we are asking you to help us continue our progress by taking part in our Earth Day Challenge. Your commitment enables CLF to safeguard our oceans, clean up our lakes, rivers and forests, promote clean energy innovations and build healthy, livable communities. We hope you will take part in our Earth Day Challenge by making a donation today to help CLF protect our small but mighty corner of the world.

One of the easiest ways to make bad decisions is to allow ourselves to be drawn into a false choice – to see two options as an “either/or” where seeking one goal means stepping away from another. This can be a false choice because, fortunately, sometimes making the right decision will yield a double benefit.

When we have an opportunity to reduce energy use and harmful emissions while building jobs and the economy we encounter that kind of golden moment: when the right choice yields double, triple and even quadruple benefits.

There are people who will reject this formulation – who will present that most fundamental of false choices: the flawed argument that making the right choice for our environment and the public health is bad for the economic health of our communities and building jobs.

We are surrounded by proof that economic benefit flows from the same actions that reduce dirty energy use and emissions. The nation-leading energy efficiency programs funded by the Regional Greenhouse Gas Initiative (RGGI) which have created jobs while slashing the energy bills of families and businesses of the Northeast is a prime example.  A recent report issued by the states participating in RGGI (described here) provides hard numbers documenting this happy phenomena.

But we can do far better – and we need to if we are going to address the fundamental challenge of global warming and if we are going build the new economic base that can provide jobs and financial security for the future. Building that cleaner and more secure future will mean building on the successes of RGGI, making it more effective in reducing emissions and creating even more investment in energy efficiency so it slashes even more customer bills and creates even more jobs.

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 following is a special edition of CLF’s e-News.  To receive this kind of carefully screened (no spam here!)  information and to support CLF join today.

We at CLF watched last Tuesday’s elections with great interest, and in some cases, trepidation. Our ability to be effective in our work is greatly enhanced when there is real leadership on environmental issues at the state level, especially when federal leadership is lacking. With some exceptions, New Englanders chose with their votes to continue the environmental progress we are making in our region. Now that the dust has settled, we are pleased to bring you this special post-election edition of our e-news. Below, you will find a state-by-state forecast of how the election results are likely to help or hinder our and others’ efforts to address the most pressing environmental challenges affecting our region, namely reducing our carbon emissions from energy and transportation, planning for and mitigating the impacts of climate change, supporting clean energy development that creates good, local jobs, and protecting our natural resources – all in the interest of a healthy, thriving New England for everyone.

An overarching challenge that every governor and legislature will face is how to strike a balance between budget pressures and appropriately staffing and supporting environmental protection agencies. Maintaining a balanced budget can lead a state government into making “penny wise and pound foolish decisions,” like underfunding stormwater and sewage infrastructure projects needed to meet federal mandates and protect public health. In a closely related vein, building up jobs and the economy will mean that environmental permitting must be fair and timely; underfunded agencies without adequate staffing and resources will not be able to meet that goal.

Maine

The election of Paul LePage, a Republican who, for the first time in four decades, will be a governor of that party with majorities from his own party in both the Maine House and Senate, is potentially a shift of deep significance. On the campaign trail, Governor-elect LePage questioned the fact of climate change, indicated support for offshore oil and gas exploration and new nuclear power plants, stated that wind power was still too unreliable to focus much attention on and suggested folding the Departments of Environmental Protection, Marine Resources, Conservation and Inland Fisheries and Wildlife into the Department of Agriculture.

Currently the mayor of Waterville and general manager of Marden’s, a discount department store, LePage has indicated that his primary focus will be on making it easier to do business in Maine. His generally moderate record in Waterville and the long tradition of bi-partisan consensus around environmental issues in Maine provide some suggestion that forces may be at work that will temper negative campaign rhetoric. But it will be a challenge to advance a science-based agenda in Maine that looks to energy efficiency and clean renewable resources as the building blocks of both environmental protection and economic development.

Maine voters returned its two members to the U.S. House of Representatives, Rep. Chellie Pingree and Rep. Mike Michaud. Both have solid records as leaders on environmental issues.

For more on Maine’s election results, read CLF Maine Director Sean Mahoney’s blog post on CLF Scoop.

Massachusetts

Governor Deval Patrick’s re-election on a platform of clean energy and economic development was a hopeful sign for Massachusetts, with potential for positive reverberations beyond the Commonwealth. The Patrick campaign bucked conventional wisdom by emphasizing the need to make longer term investments, like building Cape Wind and putting in place long-term contracts that use such projects to provide electricity at a stable and predictable price.

The continued efforts to implement legislation enacted over the last two years – including the Massachusetts Green Communities Act, the Massachusetts Global Warming Solutions Act and the Massachusetts Oceans Act – will provide ample opportunities to press forward with that affirmative agenda of building a clean energy economy.

On the federal front, it is notable that the only newly elected member of Congress from Massachusetts (filling a seat to be vacated by retiring Rep. Delahunt), U.S. Representative-elect Bill Keating from the 10^th Congressional District, is a supporter of Cape Wind and received a state-wide award as “Environmental Legislator of the Year” when he was in the Massachusetts State Legislature, primarily for his water pollution work.

New Hampshire

The election resulted in a massive shift in the political landscape in New Hampshire. Prior to Tuesday, Democrats controlled both houses of the Legislature and the Executive Council under a Democratic governor. With the exception of Governor Lynch, who retained his office, Republicans swept other areas of the government. In the New Hampshire House and Senate, Republicans not only became the majority, but also achieved veto-proof majorities. In the Executive Council, which confirms nominations to offices in the executive branch and which approves government contracts, a Democratic majority not only was erased, but all five Council members are now Republican.

While it is important not to automatically assume that Republicans will oppose all effective and affirmative action on the environment, it is fair to note that New Hampshire’s Republican party adopted a platform that espouses positions that represent a retreat from state and regional efforts to tackle climate change. Whether there will be a serious attempt to translate these positions into policy remains to be seen.

On the federal level, Kelly Ayotte (R) won the U.S. Senate seat vacated by Judd Gregg. She defeated Democrat Paul Hodes, who vacated the Congressional District 1 seat to run for Senate. While in Congress, Hodes had been a strong ally on a variety of environmental issues. Republican Frank Giunta defeated incumbent Democrat Carol Shea Porter, also a strong ally on environmental issues, for the Congressional District 2 seat. Charlie Bass (R) won New Hampshire’s second Congressional seat (District 1), defeating Democratic candidate Anne McLane Kuster. Rep. Bass has shown leadership around key environmental issues before in Congress, including re-establishing passenger rail in New Hampshire, and has the potential to become an ally on future initiatives, including advancing renewable energy in the state.

Rhode Island

Rhode Island elected Independent Lincoln Chafee as governor. Among the three candidates running for governor, Lincoln Chafee was widely viewed as the candidate who was most likely to understand environmental issues and advance a pro-environmental agenda. Chafee advanced environmental issues as a U.S. senator and as the “new urbanist” mayor of Warwick, RI, where he championed a rail-based vision for development around T.F. Green Airport that is now coming to fruition.

David Cicilline, most recently mayor of Providence, was elected to replace Congressman Patrick Kennedy in the 1^st Congressional District. Cicilline’s strong record on environmentally sound urban development and energy efficiency as mayor of Providence suggests he will be an important voice in Congress. His successor as mayor of Providence, Angel Tavares, is widely expected to provide leadership in that key city that will build on the renaissance of the last decade.

Vermont

Vermont elected Democrat Peter Shumlin to serve as the state’s next governor. For many years, Governor-elect Shumlin served as President pro tempore of the Vermont Senate. As the leader of the State Senate’s majority over the past several years, Mr. Shumlin has led initiatives to address climate change, electric energy efficiency, renewable energy development, and to protect the state’s air, water and forests. However, the Shumlin administration has its work cut out for it to adopt strong environmental and energy policies in the face of record budget deficits.

Vermonters elected Republican Phil Scott, also a former state senator, to serve as the state’s lieutenant governor. While this post holds primarily ministerial responsibilities, Mr. Scott’s views on important environmental issues remain to be seen.

At the federal level, Vermonters voted to send Democrats Congressman Peter Welch and U.S. Senator Patrick Leahy back to Washington for another term. Both members of Congress are considered to be pro-environmental and in favor of progressive energy policies, with Rep. Welch serving as a leader in the House on energy efficiency. Senator Leahy has now become Vermont’s longest serving senator and will play a key role in the leadership in Congress.

Lastly, Democrats gained unprecedented majorities in both houses of the Vermont State House, giving Governor-elect Shumlin the opportunity to work with friendly faces on crafting a legislative agenda.

Connecticut

The election of Democrat Dan Malloy, who won by a slim margin, is a cause for great hope and optimism in climate and energy circles. During the campaign, Malloy, the former mayor of the City of Stamford, articulated progressive and powerful ideas about the importance of confronting global warming, reducing greenhouse gas emissions and building up both clean energy and broad transportation choices that build walkable and livable communities and presided over an exciting, sophisticated and innovative “microgrid” project.

The federal scene in Connecticut, including the election of Attorney General Richard Blumenthal to the Senate, was characterized by preservation of a powerful delegation who will provide a strong voice in Congress for sensible energy policy and for investment in urban neighborhoods, a voice that will be critically needed given the larger makeup of the new Congress.