Protestors at BU Biolab. Courtesy of Steph PS @ flickr. Creative Commons.

There’s a common saying that if you can’t measure it, you can’t control it. Leaders of Boston University’s proposed National Emerging Infectious Diseases Laboratories (NEIDL) – known as the BU Biolab – in the densely populated urban environmental justice community of Roxbury/ South End, have asked the state to waive required review of their plans to build a lab involving rare and lethal pathogens even though their prior risk assessments were found inadequate multiple times. In other words, they want to build a risk laden facility without accountability to the public. We oppose the grant of this request.

We Support Secretary Sullivan’s Decision in Favor of Thorough Review

Today advocates in the fight against the Biolab filed joint comments with Secretary Sullivan supporting his draft decision which, if adopted as final later this month, will deny BU’s request to begin high level research before a full risk assessment is reviewed by EOEEA. You can read a copy of our comments here, and find the draft decision here.

Background on the Biolab

The facility would focus its research on biological agents used in acts of bioterrorism – a mission the community fears will bring biodefense research on highly contagious pathogens to their densely populated urban neighborhoods.  Members of the Roxbury/South End communities have expressed vocal opposition to the siting of this facility near their homes and schools.

Biocontainment Safety Level ratings, established by the federal Centers for Disease Control and Prevention, increase from 1 to 4 based on the danger associated with research on different biological pathogens and mandate increasing levels of physical protection to prevent a public health crisis in the event that a pathogen leaves the lab (e.g. through transmission from an infected lab worker, an escaped animal subject, or an outbreak resulting from a natural disaster or a malevolent act at the lab). BU’s NEIDL would include research in each of the four Biocontainment Safety Levels.

Research in labs designated as Biocontainment Safety Level 4 (BSL-4), the highest level, includes rare and lethal pathogens, such as ebola. According to BU’s waiver application to EOEEA, their BSL-4 research would involve pathogens that “cause diseases that are usually life-threatening” and are spread through the air or “an unknown cause of transmission.” BU has also quoted the U.S. Department of Health and Human Services as stating that pathogens appropriate for research in BSL-3 laboratories “cause diseases that may have serious or lethal consequences” and are transmitted through the air.

BU’s Multiple Failures

BU has attempted – multiple times – to explain and justify the risks associated with the NEIDL as required by state and federal statutes. Each time, they have failed and been subject to criticism for the poor quality of their analysis.

Their risk assessments (which must satisfy requirements under the Massachusetts Environmental Policy Act and the National Environmental Policy Act) have been found to be insufficient and not credible by the EOEEA and the Massachusetts Supreme Judicial Court, as well as the National Research Council. Each of these failures to acknowledge the risks associated with the NEIDL has alienated the community, resulting in a marked distrust of BU.

BU has now partially completed its third attempt to justify the risks associated with the NEIDL. This time the risk assessment is being conducted by the National Institutes of Health (who provided significant federal funding for the project) and their private consultant, Tetra Tech.

BU’s Request to Limit Review of Risks

Concurrently with their third attempt to justify the risks associated with the NEIDL, BU filed a written request asking Secretary Sullivan to waive the legal requirement for EOEEA review of certain research at the lab. BU’s request applied to all proposed research for the NEIDL except that which would occur in BSL-4 labs.  CLF and other opponents of the lab strongly opposed this request. A waiver from full EOEEA review would deny the Commonwealth the opportunity to ensure that the risks to the surrounding environmental justice community from this facility had been fully considered.

On December 2, in his draft waiver decision and Certificate on Notice of Project Change, Secretary Sullivan allowed lower level research (BSL-1 and 2) to proceed but stated that EOEEA is “legally barred from acting on [BU’s] waiver request for BSL-3 level research until I am able to independently review the risk assessment for the contagious pathogens proposed for study by BU at the Biolab.”

Today CLF joined the Lawyers Committee for Civil Rights and Anderson & Kreiger, a law firm representing the Safety Net, a community group led by local activist Klare Allen, and other affected community members, in submitting written comments to Secretary Sullivan calling upon him to finalize his draft decision denying a waiver of EOEEA review for BSL-3 research at the NEIDL, and reminding him of his charge under the EOEEA Environmental Justice Policy to ensure that this review process provides enhanced public participation opportunities.

As we state in our comments, we thank the Secretary for recognizing that the NEIDL will involve “research on extremely contagious biological agents that could pose serious harm to an already compromised Environmental Justice community.”

What You Can Do:

• A final decision from Secretary Sullivan on BU’s waiver request is expected on December 28. Stay tuned for news about that decision here. A final draft of NIH’s risk assessment is expected to be issued by NIH in the next few months.
• NIH’s Blue Ribbon Panel will come to Hibernia Hall in Roxbury on February 16^th to hold a public meeting and hear comments on NIH’s draft risk assessment for the NEIDL.  CLF will post the date, time, and other details for the public meeting here when they become available.  Mark your calendar and join CLF and its partners in seeking to ensure that this facility does not introduce unnecessary risk to an already overburdened environmental justice community.

Courtesy of Putneypucs @ flickr. Creative Commons

In talking with guests at CLF’s holiday party last week, I was reminded of something simple and powerful: In this movement, we’re all leaders.

Helping New England thrive is a group effort.  It’s also CLF’s vision. To make it happen we work with  our colleagues, our allies, and our friends – many of whom were present at the party.

These guests included elected officials, heads of state and government officials, business and nonprofit CEOs – even an international delegation. CLF staff and alumni were there. Board members, families and friends joined us.  And also many dedicated people who help New England thrive by doing their part – sometimes small but always heartfelt – every day, week or month.

Talking with many present, I was reminded of what I have often thought: To succeed, we need each other.

I was also reminded of the story of an 8 year old girl with courage and a voice, but struggling against acute asthma. At a hearing for a proposed project in western MA that would aggravate her asthma and further threaten her community, she was sitting with my colleague Sue Reid, vp and director, CLF Massachusetts. She had in her hand a one page handwritten statement she was prepared to deliver that said, among other things, “It’s not fair!” After the committee spoke, she turned to Sue and said: “This really isn’t fair!”

She was right. We have followed her lead, and are working hard for fairness and justice for her community. We all should learn from her, and be inspired by her. She is a leader in our movement.

Reflecting on our holiday season, this message seems appropriate: we are sustained by the work of our allies and friends. In this movement, it does take a village. And everyone truly is a leader.

To all those who have worked with us, to our donors, sponsors, and allies, and to our friends and family, thank you. Without your leadership, we couldn’t do what we do.

May have you have a wonderful Holiday season.

The initial short-range solutions are in.  Quick, effective and clean.  Unanimous agreement on a suite of projects to move forward to help people get around in Chittenden County. 

When Vermont’s Governor, Peter Shumlin announced in May that the “Circ Highway” - an expensive, polluting and outdated ring-road around Burlington – would not be built as planned, he set in motion a Task Force to develop short, medium and long range solutions.  Since the summer the Task Force has been meeting and working.  Despite bumps, potholes and diversions in the form of more limited time and money because of the need to address problems that arose from managing the chaos Hurricane Irene left Vermont, the Task Force forged ahead.  

Last week we agreed unanimously on 5 short-term projects to get started in the coming year.  They include some innovative and out-of-the-box projects like expanding park & ride opportunities for commuters by leasing spaces in key locations, as well as more traditional projects of bus shelters and intersection imprrovements.  One very exciting project would re-work the street grid in Essex Junction, turning a parking lot into a downtown street, converting “five corners” into “four corners,” enhancing the streetscape and improving commerce and living opportunities in this New England downtown. 

Conservation Law Foundation is excited to be working with Chittenden County communities, businesses and state officials to get people, goods and ideas moving.  We are off to a great start. 

You can learn more about the Circ Task Force’s work at its website. 

A Public Meeting to discuss and learn more about these projects will be held on Wednesday, December 14, 2011, 7:00 p.m. at the  Albany College of Pharmacy and Health Sciences in Colchester.

CLF's Melissa Hoffer at the No XL Rally Washington DC

And we did—at least for now.

The Keystone XL pipeline, proposed to be constructed by TransCanada, would bring 900,000 barrels per day of toxic tar sands oil 1,702 miles across six states and through the Ogallala Aquifer—which supports $20 billion in food and fiber production in the U.S. annually—from Alberta, Canada to Texas refineries.

On Thursday, the State Department announced that it would be delaying its decision on whether to grant a key permit that would allow the Keystone XL pipeline project to proceed, stating that alternative routes that would avoid the Sand Hills in Nebraska must be studied in order to move forward with a National Interest Determination for the Presidential Permit.  The State Department also announced that it will be examining “environmental concerns (including climate change), energy security, economic impacts, and foreign policy.”  Nested in that parenthetical is a big victory for all of us who have been urging the federal government to review the project’s potential to contribute substantially to global warming pollution.

President Obama issued a statement supporting the decision noting that the permit decision could affect the health and safety of the American people as well as the environment.  Today’s decision will push back completion of the additional environmental review process until at least early 2013. Following the announcement, TarSandsAction.org. spokesperson, Bill McKibben, declared, “It’s important to understand how unlikely this victory is. Six months ago, almost no one outside the pipeline route even knew about Keystone. One month ago, a secret poll of “energy insiders” by the National Journal found that “virtually all” expected easy approval of the pipeline by year’s end…A done deal has come spectacularly undone.”  Spectacularly undone, indeed.

The movement that has built up around Keystone holds lessons for climate and environmental advocates.  This is not the environmentalism of the 70s.  Last Sunday, I traveled with a group of friends to Washington DC where I joined thousands of other Americans to form a human circle around the White House and ask President Obama to deny the Keystone XL pipeline permit.  The event was organized by TarSandsAction.org, and at the pre- and post-circle rallies, we heard from Roger Toussaint, international vice president of the Transport Workers Union, who reminded us that this is not a labor versus environment issue.  Tom Poor Bear, vice president of the Oglala Sioux Tribe, asked us to take heart in the fact that all races and men and women alike were joining together to fight this battle.  Naomi Klein (see her recent article Capitalism vs. the Climate) passionately relayed how hard people are working in Canada to stop the pipeline and its destruction of indigenous lands, and promised that if we work together and stop it here, our Canadian compatriots would stop it there; her thoughts were echoed by her countrywoman, Maude Barlow.  NASA climate scientist Dr. James Hansen, who has for decades urged action to control greenhouse gas emissions, again called for action to reduce dangerously high levels of global warming pollution before it is too late.

Physicians for Social Responsibility warned that the human health impacts we already are experiencing from climate change are significant and growing—the World Health Organization estimates that there are 160,000 additional deaths annually around the world attributable to climate change.  John Bolenbaugh, a union worker who has blown the whistle on the failed Enbridge Energy oil spill “cleanup” in Michigan, cautioned that we should not believe TransCanada’s assurances of safety, pointing out the nation’s dismal record on pipeline spills.  (Enbridge, by the way, is proposing to construct the Trailbreaker pipeline that would bring tar sands oil from Alberta to Portland, Maine via Montreal.)

Farmers in the region where Keystone is proposed to be constructed called on us to help them protect their land and the Ogallala Aquifer through which the pipeline will run, placing this precious water source at great risk of irreversible contamination.  Cherri Foytlin of the Gulf Coast spoke movingly about just how wrongly things can go—she reported that dead wildlife, including fish, dolphins, and birds, continue to wash ashore there on a daily basis, coated with oil from the BP spill, and that fresh, wet oil is washed in on the waves, while people continue to get sick from exposure to the oil and chemicals used to control it.  “Our divers who dove into the spill, “she said, “are on their deathbeds.”  Representatives of the Sierra Club, National Wildlife Federation, and NRDC founder John Adams, each spoke about Keystone’s impact on the environment, and the potential for climate change to bring about the next, and sixth greatest, extinction event in the planet’s history.

The scale of the climate emergency is paralyzing for many.  Now, we can actually see what climate change looks like, in the form of record-breaking Spring floods in 2010 throughout New England, a tornado that killed four people this spring in Western Massachusetts, the devastation wrought by Hurricane Irene (especially in Connecticut, Vermont, and Western Massachusetts), and just days ago, a record breaking late October snowstorm that left millions without power (again) as heavy wet snow snapped tree trunks and limbs, many still bearing green leaves.  These weather patterns, as msnbc recently reported, are consistent with the predicted trends for our region as the climate warms, and extreme weather is already costing us billions in response costs.  Everywhere people are talking about these unprecedented weather events, yet many still do not understand or acknowledge that climate change is the cause.  For those who do, the realization is accompanied by a bewildering sense of both the urgency and enormity of the problem, for every aspect of our modern, energy-dependent lifestyles contributes to planet-warming pollution.

But like most very difficult problems, we will solve this one step at a time, and killing Keystone is a very good step, since it will make it that much harder for TransCanada to tap and sell one of the largest remaining oil reserves in the world.  Keystone XL is the poster child for what we should not be doing.  Transportation sector emissions, for example, constitute about a third of total U.S. greenhouse gas emissions (GHG), and in New England, that sector is the fastest growing source of GHG.  We need to be moving away from high carbon fuels, like tar sands, to low carbon fuels.  Because it is such a dirty fuel source, according to NRDC, replacing three million barrels per day of conventional oil with tar sands oil would be equivalent to adding more than 22 million passenger cars to our roads. The environmental impact statement for Keystone (which did not adequately account for lifecycle GHG pollution) estimated that the project would emit in the range of 12-23 million metric tons of carbon dioxide equivalents annually—on par with the emissions from two to four coal fired power plants, according to TarSandsAction.org. Quite simply, that is obscene.

The Keystone movement is a model of what we will need to do if we are to succeed in the fight to take back our environment and restore the climate.  We will need to work together, across political lines, across the borders real or imagined that often separate us, finding and holding that common thread that weaves us together:  our knowledge that we are in the fight of our lives and our commitment to win it, whatever it takes.  Climate change is not in the national interest.

A new report released last week by Transportation for Massachusetts, a broad coalition of which CLF is a founding member, details the origins and scope of the transportation financing crisis in Massachusetts. Written as a primer to achieve better understanding among decision-makers,  taxpayers and transportation users, “Maxed Out” provides illuminating background amidst an increasingly urgent call for solutions to one of the Commonwealth’s most pressing problems.  The report emphasizes that the lack of revenue to maintain the Commonwealth’s transportation system in its current condition, let alone meet future needs, jeopardizes jobs, the environment, and the quality of life across the state.

The report details how the state’s long dependence on borrowed money unsupported by new revenue to pay off the debt has left all pieces of the state’s transportation network increasingly unable to fund operations, maintenance or construction projects.  Citing a recent analysis by the Transportation Advisory Committee to MassDOT, the report states that “45 percent of the combined annual operating budgets of MassDOT and the MBTA will go to pay off debt, not to operate and maintain current systems, let alone expand them.”

The release of “Maxed Out” and another transportation financing analysis also released last week by the non-partisan think tank, MassINC, follow recent remarks by Lt. Governor Tim Murray that “everything is on the table” when it comes to solving the transportation financing problem in the state.

You can find a summary of “Maxed Out’s” findings in the press release, or download the full report here.

This Monday, October 24 celebrate Food Day.  Food Day “seeks to bring together Americans from all walks of life—parents, teachers, and students; health professionals, community organizers, and local officials; chefs, school lunch providers, and eaters of all stripes—to push for healthy, affordable food produced in a sustainable, humane way.” Maybe you can take your child to a local dairy farm or buy some local, seasonal produce – pumpkins anyone? Events and celebrations will be held all around the country.

Food Day’s six principles will show you why eating local is good for the economy, good for the environment, and better for the farm animals themselves.

Join Rhode Islanders at 10am at the Statehouse for the launch of the RI Food Policy Council – an effort to expand access to healthy, locally grown food to everyone in Rhode Island. Then at 4pm at the URI Feinstein auditorium join the conversation about food at a Community Forum. This is your chance to become a part of the local food movement – no matter how big or small – and help to make a difference and bring local food where it needs to be: home.

For more information and to find out what’s happening where you live, visit www.foodday.org

Credit: A Armstrong

Are you tired of waiting (and waiting and waiting) for the Green Line Extension to be built? Join CLF, the mayor of Somerville,  Joseph A. Curtatone, and other supporters of the Green Line Extension for a mock groundbreaking on Thursday, October 20, 2011 at 6pm in front of Somerville High School.

We are gathering to let the Patrick Administration know that we want them to stop the repeated delays and deliver on their legal commitment to construct the Green Line extension.  The Legislature has already authorized bonds to construct the Green Line Extension from Cambridge to Somerville and Medford and the Somerville Community Path.  The project will serve a community that has been dissected by a major highway (I-93), suffers from disproportionate air pollution, and lacks adequate public transportation. However, this summer, the State announced that it will again delay the construction of the Green Line Extension, by another four to six years, without providing any clear explanation why.

Public transportation projects in Massachusetts are chronically underfunded, despite the evidence that investment in a good transportation system creates jobs, boosts economic growth, reduces greenhouse gas emissions, increases energy independence, and improves quality of life for transit users and drivers alike. Still, funding for public transportation, bike paths, and sidewalks has never been strong enough, and continues to diminish rapidly.  Come stand with your fellow citizens and let our political leadership know that we want a modern, safe, accessible transportation system that works for Massachusetts.

Immediately following the rally, we will take our numbers inside to attend the public hearing regarding the delays on the Green Line Extension to be held at Somerville High School beginning at 6:30pm.

Bring your friends and show your support for the Green Line Extension and for better public transportation in Massachusetts!

For more information about the rally, click here.

The Great Northern Paper Mill in East Millinocket (top).

Anxious to get two paper mills in northern Maine operating again, the State of Maine agreed to take on the liability of the landfill that has taken solid wastes from those facilities for decades.  Inconveniently, taking on that liability, which is at least $17 million, without having the money in hand to pay for it runs afoul of the Maine Constitution.

CLF is supportive of efforts to get the mills in Millinocket and East Millinocket operating again, but is concerned about the precedent the State is setting.  The issue is not just one of meeting the requirements of the Constitution, but also how the State intends to manage landfills in Maine.

The State’s (and thus, Maine taxpayers’) willingness to take on the liability for the costs of closing and cleaning up a landfill even though the current owner is solvent and has the financial capacity to do so is irresponsible from a fiscal and a policy viewpoint. CLF raised this issue when the Maine Legislature first authorized the State to acquire the landfill, again when the ultimate deal was announced and most recently in connection with the applications filed with the Maine Department of Environmental Protection necessary for the completion of the deal.

CLF wants to ensure that the proper handling of the landfill, which continues to discharge pollutants into nearby waters and may have contaminated the ground underneath, doesn’t get forsaken in the political wheeling and dealing surrounding the sale of the paper mills. Stay tuned as we continue to try to hold the Lepage administration to its professed adherence to the Constitution and fiscal conservatism.

Merrimack Station Coal Plant. Photo credit: flickr/Jim Richmond

New England’s old coal-burning power plants don’t just pollute the air. With their obsolete cooling technology, they also create havoc in the water bodies on which they reside. To control heat from the coal-combustion process, these coal plants draw millions of gallons of water daily into their antiquated cooling systems, killing the aquatic life that gets sucked in with it, and then discharge the super-heated, chemical-laden  water back into the fragile rivers and bays, where it creates untenable living conditions that destroy native fish and other species.

Under decades of pressure from CLF and other organizations, EPA has tightened its regulations around water intake and discharge at the region’s coal plants. At the GenOn Kendall Power Plant in Cambridge, MA, as a result of a lawsuit brought by CLF and the Charles River Watershed Association, EPA required last February that the plant owner, TriGen Corporation, build a “closed-cycle” cooling system that will reduce the water withdrawal and discharge of heated water into the Charles River by approximately 95%. Brayton Point in  Fall River, MA will finish construction of its new cooling towers in 2012, dramatically reducing its harmful impacts on Great Hope Bay.

Today, in another giant step forward, EPA issued a draft NPDES permit for Merrimack Station in Bow, NH, where heated discharge from the power plant’s old “once-through” cooling system has caused a 94 percent decline of the kinds of species that once lived in that part of the Merrimack River. CLF applauded the draft permit, which will require Public Service Company of New Hampshire (PSNH) to install and operate year-round a modern cooling system that will decrease the plant’s discharge of heated water by nearly 100 percent.

In a statement, issued today in response to the release of the draft permit, CLF called the requirements “long overdue.” Jonathan Peress, director of CLF’s Clean Energy and Climate Change program, said, “No matter what PSNH spends, it will not be able to turn this 50-year-old dinosaur into an economically-viable generating facility that benefits the people of New England. Still, as long as this plant remains in operation, it must comply with the law and we commend EPA for holding PSNH accountable.” Read the full statement here.