Today,  the Massachusetts Attorney General’s Office and the state Department of Environmental Protection announced that they have settled claims over violations of air quality at the Mt. Tom Power Plant in Holyoke, MA.

“CLF is gratified to see the State take enforcement action to address the violations that were uncovered at Mt. Tom,” said staff attorney Shanna Cleveland. “Particulate matter is one of the deadliest air pollutants emitted by coal-fired power plants, and is a major contributor to the poor air quality that is sickening residents in Holyoke and surrounding communities. The State’s insistence on continuous monitoring is an important step toward ensuring that the plant cannot continue to violate emissions limits with impunity.”

Particulate matter is responsible for a wide range of health impacts, including heart disease, lung damage and an increased risk of lung cancer. The asthma rate in Holyoke is more than twice the statewide average of 10.8 percent.

Cleveland continued, “This enforcement action is a step in the right direction, but even with the pollution controls recently installed at Mt. Tom, the plant has continued to emit harmful pollution and violate emissions limits. Despite their significant investment in technology to clean this plant up, the reality is that a 50-year-old coal plant cannot be modernized enough to run in compliance with the law, and moreover, cannot run efficiently, or economically. The only way to stop Mt. Tom from polluting the air and making people sick is for it to shut down. We need to be thinking less about how to keep old, polluting coal plants operating and more about how to get our electricity from clean, renewable energy.” More >

Postcard depicting the Great Northern paper mill in East Millinocket (top) and the Mt. Katahdin skyline (bottom).

With the close of this legislative session looming, the LePage administration and proponents in the Legislature are continuing their push for passage of L.D. 1567—“Resolve, To Authorize the State To Acquire a Landfill in the Town of East Millinocket.”  Pursuant to this resolve, the State Planning Office (SPO) would have the authority to acquire ownership (either by purchase or donation) of a leaking landfill that has limited remaining capacity, annual operating costs of $250,000, contamination issues, and closure costs estimated at $17 million and rising.

The administration apparently considers granting the State the ability to acquire the Dolby landfill absolutely essential to finding a buyer for two currently shut down pulp and paper mills in East Millinocket and Millinocket.  Brookfield Asset Management, LLC, through its subsidiary Katahdin Paper Company, owns the mills and the Dolby landfill, which has been accepting waste from those mill operations for over thirty years.  Brookfield claims it cannot find a buyer for the mills because no prospective buyer wants anything to do with the landfill.  Not surprising considering that any new owner would acquire the $17 million liability associated with the Dolby landfill.  Including the state.

Although that liability has effectively deterred private buyers, it has not given the state nearly enough pause, especially considering that, as currently configured, L.D. 1567 works a violation of the state Constitution.  Article 9, section 14 of the Maine Constitution limits the State’s ability to create a debt or liability in excess of $2 million by requiring that two-thirds of the House and Senate and a majority of the electorate approve the bond issuance needed to fund the liability.

Accordingly, my op-ed in the Portland Press Herald highlighted both the amount of the liability attached to the Dolby landfill and the corresponding Constitutional issue.  That op-ed was succeeded by my written request to the Attorney General’s office for an opinion on the constitutionality of L.D. 1567.  Those efforts prompted further discussion in Senate debate and ultimately resulted in Senators Dill and Schneider formally requesting that the Attorney General render an opinion on the constitutionality of L.D. 1567.

While these efforts and continuing press coverage have succeeded in creating additional debate, the bill’s proponents recently amended the text of L.D. 1567 to classify it as emergency legislation in attempt to speed up its prospective implementation.  Such textual changes do not nullify the Constitutional issues presented by L.D. 1567.  Accordingly, we encourage people to contact their Senators to ensure that L.D. 1567 does not take affect until it has undergone the process mandated by the Constitution.  A proposal that enables Brookfield to dump its liability for the Dolby landfill, allows a new owner to purchase the mills for one dollar without acquiring any liability associated with the Dolby Landfill, and authorizes the SPO to accept on behalf of the State of Maine Brookfield’s generous donation of a leaking landfill and all the liability that accompanies its ownership most certainly deserves the additional consideration and process that the Constitution imposes.   Additional process that the LePage administration called for back in February.

Photo credit: Red9898, flickr

Who doesn’t want to live in a Great Neighborhood? On June 23, join some of your neighbors — whether you share a block, town, state or region — along with CLF and the MA Smart Growth Alliance at the Great Neighborhoods Summit 2011: Placemaking in Action. This event, to be held in the Campus Center Ballroom at UMass Boston, brings non-profit organizations, political leaders, academic and policy experts, grassroots activists, and community leaders together to discuss the importance of placemaking and to share ideas about how to inspire collective action that transforms communities and drives local and regional change. Notable events include:

• Opening Remarks by the Honorable Thomas M. Menino, Mayor of Boston
• Metropolitan Issues and Collaboration Across Sectors
• Great Neighborhoods: Regional Change through Local Action
• Panel Discussion: Five Examples of Placemaking and Transformation in Greater Boston
• Keynote Address by Fred Kent, President, Project for Public Spaces: Creating “Place Capital”

Click here for a full schedule of events and speakers.

Great Neighborhoods are active, environmentally friendly and welcoming places where community and business leaders, residents, and public officials work together to create affordable homes, job-generating offices and stores, and recreational spaces close to public transportation. Residents are able to spend more time interacting with neighbors, biking or walking and less time commuting. Massachusetts is leading the way with this groundbreaking initiative that serves as a model for smart community and regional planning, and we need your help.

Great Neighborhoods Summit 2011: Placemaking in Action
Thursday, June 23, 2011
8 a.m. – 12 p.m.
UMass-Boston Campus Center, 3rd Floor Ballroom
100 Morrissey Boulevard, Boston (map and directions)

All are welcome. Register today!

Visit www.ma-smartgrowth.org for more info and the latest news and updates.

Photo credit: christiannealmcneil, flickr

The City of Portland just launched a new website to make it easier for developers to comply with new planning requirements that incentivize alternative commuting strategies through transportation demand management plans, or “TDMs.”  The TDM requirement evolved out of a recognition that a city full of parking garages was not the best use of prime real estate – it isn’t attractive and it only encourages continued reliance on single occupancy vehicle use.  In Maine, 80 percent of employees still drive to work alone every day.  In an effort to shift commuters over to alternatives, such as METRO bus, GoMaine car and van-pooling service, biking and walking, the City of Portland passed a mandatory TDM plan for site plan approval for new developments over 50,000 square feet and for institutions serving more than 100 employees or students. There is also a voluntary TDM plan that companies may want to utilize to help their employees save money at the pump or reduce their overall carbon footprint.

In an effort to navigate the TDM requirements, the City launched a new website, found here at: http://www.tdm2go.info/.  The site is an easy, practical guide that provides a glossary of terms and high-lights case studies.  Four businesses featured on the site include Oak Street Lofts, the Portland International Jetport, St Lawrence Arts Center and Maine Medical Center (MMC).  In the case of MMC, the busy and ever-expanding hospital saw a 15 percent reduction in single occupancy vehicle use in the one year that its “Get On Board” program was implemented.  That impressive result was reached by installing numerous bike racks throughout the MMC campus, offering 50 percent off METRO tickets and providing free parking in the Gilbert St. garage to car-poolers that also had the extra amenity of enjoying the perks of first floor parking, so no stairs, no waiting for elevators, and instant access to the first floor cafe.  Plus, bike lockers and a group tool shed were installed.  These may seem like small perks, but the results speak for themselves – employees like perks!  The efforts by MMC successfully changed the culture of commuting at this major employer and in the process of doing so, they enrolled 734 employees in the program, 221 of those don’t use any carbon emitting vehicle at all – they are biking or walking to work.

What can other employers throughout the state learn from these successes?  First, brainstorming with employees on how to maximize the best alternative transportation mode is critical.  Second, a full educational campaign that informs employees on what their options are is instrumental in making the switch to alternative modes stick.  Resources on both of these are available on the City’s new site and the GoMaine website: http://gomaine.org/.  The benefits to employee’s pocketbooks and overall morale is worth the investment of some bike racks and educational information on our region’s transit services.

Mount Hope Bay (photo credit: John McDaid)

After nearly a decade, Weaver’s Cove Energy (WCE) finally abandoned its liquefied natural gas (“LNG”) terminal project that initially had been proposed for Fall River, MA and, more recently, for the middle of Mt. Hope Bay just off the shores of Somerset, MA. This puts to an end a project that would have required massive LNG tankers to pass through dozens of miles of waters adjacent to some of New England’s most densely populated coastlines, and would have included a four-mile-long cryogenically cooled LNG pipeline through critical winter flounder spawning habitat in Mt. Hope Bay and up the mouth of a federally designated Wild & Scenic River.

Despite significant litigation, extensive public opposition, and questionable economics, WCE LNG persisted for years in its ultimately fruitless pursuit of state and federal approvals for the project. For a number of those years, CLF took a leadership role in pressing for comprehensive environmental review, calling for a regional analysis of LNG terminal siting in New England, and insisting that federal authorities take a hard look at clean energy alternatives.

CLF is proud to share this victory with the many stakeholders who worked tirelessly to protect Mount Hope Bay, Narragansett Bay, and the Taunton River –from dedicated local activist Joe Carvalho to the talented attorneys representing the City of Fall River and the Massachusetts Attorney General’s Office, and from tenacious members of Massachusetts’ Congressional delegation to former Fall River Mayor Ed Lambert who vowed “death by a thousand paper cuts” to WCE’s ill-conceived project.  Now, all of the people and natural resources that depend on these important waters no longer need to sing the “LNG Blues”!

Listen to “LNG Blues,” written and performed by local activists in Somerset, MA:

LNG Blues by conservationlawfoundation

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.

Rural states like Maine struggle with mass transit issues.  With limited federal funds and even more limited state and local funds, getting the requisite amount of money to fund transit infrastructure can be a herculean task.  Maine has 23,142 miles of roads, compare that to New Hampshire – it has less than half the state roads as Maine yet a slightly smaller population (1,318,301 versus NH’s 1,324,575) and the same transportation funding.  The result is that Maine must squeeze every bit of value it can out of each transportation dollar it receives.  So when it comes time to funding expensive, long term transit projects, it can be a tough sell.  Witness the recent reaction of the transportation committee to the ZOOM bus bill.

So how do Mainers cope with rising gas prices and the need to traverse long distances, often around rural or semi-rural areas, just to get to work?  Well, thousands of available seats already exist in vehicles traveling down the very same roads you commute on, every day, going the same way you are going, at the same time you are traveling.  Yep, it’s all those empty car seats right next to you.  Ok, groan if you must about pre-conceived notions about carpooling, but you might be surprised at how easy it is, thanks to GoMaine’s  interactive commuter ride-matching website.

Not ready for a long term commitment?  No problem, GoMaine just launched a single trip carpool finder so you can catch a ride to Camden for a festival, or save on parking by taking one car downtown for a show.  Not sure about the exact address of where you are heading?  The site uses Google maps so you can at least get close.  The ride-matching system on the GoMaine site has a trip planner, a commuter log that tracks your commuting choices and calculates the pollution and financial savings that go with it.  So, let’s talk about those pollution and money saving benefits.

Take a very typical commute – Lewiston to Portland.  Because housing costs are relatively cheaper in Lewiston but more job opportunities  are in Portland, many Mainers find themselves making the 49 mile haul each way, every day.  First, let’s address the environmental impact of that commute.  If you are going solo five days a week, that commute is releasing 20,012 lbs of carbon into the atmosphere every year.  (By comparison, the average CO2 emissions for a single occupancy vehicle in America is 11,634 lbs per year).   If you had just one person sharing that ride with you, you at least bring your commuter carbon emissions down to the national average.

Next, let’s talk about your wallet.  Assuming you never drove anywhere else but to work and back in your 25mpg car, at today’s gas price of $3.97, you are paying $3,890 a year, in gas alone.  Add to that tolls, wear and tear on your car, and you are paying a lot of money just to get to your job.  But say you have 3 people in your car so you all split that cost.  Each of you pays $972.50 a year instead.  What could you do with an extra $2,000 in your wallet?

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.

Throughout human history one overarching story has been that as our society became wealthier we traveled more. The reality that our ancestors generally were born, lived and died in the same place with rare opportunities to “see the world” is hard to deny – so is the reality of our world where it is not unusual to find people walking the streets of our cities who woke up that morning on a different continent and rubbing elbows with masses of people who have lived, gone to school and worked in a wide and complex array of places.

But new academic research is suggesting that the upward surge in travel that has become such a feature of our world may have come to an end.

This could be very similar to well documented phenomena of air pollution rising as a society becomes more wealthy but then reaching a point where the relationship between economic activity (or income) flips -   air pollution increasingly declines as wealth/income rises.  This is know as an “inverted U-Shaped Kuznets curve” by economists (who are almost as poetic when they name things as lawyers).  This analysis suggests that as income rises people collectively take action to reduce pollution.  There is some controversy about applying this principle to pollution that is not as visible and obvious – like the Carbon Dioxide (CO2) that is a major cause of global warming, but some scholars believe that as income and wealth rises that emissions of CO2 drop very suddenly after a critical break point under some conditions.

But the possibility that we may have passed a critical “break point” where travel stops growing would be very good news in terms of slowing and reversing global warming given the critical role of the transportation sector in the emissions of these greenhouse gases – and the major role that travel growth plays in driving (pun intended) such emissions.

These trends are not handed down from above though – whenever we choose to build communities where people can walk, bike or even drive short distances to their offices, schools, stores, friends and families who move our world in a positive direction.  And when we build good transit systems that allow us to move around those communities quickly and cleanly everyone benefits.