CLF is proud to be among a growing coalition of 32 key Vermont businesses, anglers’s associations, and environmental organizations who have signed a resolution “Urging Public Officials And Elected Leaders To Acknowledge The Value Of Clean Water To Vermont’s Public And Economic Health And To Sustainably Invest In The Same.” Though the name of the resolution is long, the idea behind it is quite simple: our health, happiness, economic prosperity, and reputation as a state depend on our ability to keep our waters clean, full of aquatic wildlife, and accessible to all. Doing so will require renewed public sector investment. 

Renewed public investment to Keep our water safe and clean is worth it! Photo Credit: Shutterstock

The resolution, excerpted below, speaks for itself. You can download a copy and find a full list of coalition members by clicking here. With the Vermont Legislature coming back into session today and after another summer with beach closures and fish kills in Lake Champlain, as well as rivers across the state still recovering from the natural and manmade ravages that followed Tropical Storm Irene, our growing coalition felt that today was an important day to ensure that renewed investment in Clean Water is on the mind of lawmakers.

If you find yourself nodding your head in agreement as you read the resolution, be sure to contact your legislator and voice your support for clean water. Or, if you’re not yet signed up for our e-newsletter, do so now – we’ll keep you informed of updates across the region as they happen.

Here is an excerpt from the resolution:

WHEREAS, clean water is essential to Vermonters’ personal health and the health of our economy and Vermont’s environment; and

 WHEREAS, clean water is critical to ensure healthy habitats vital to the protection and restoration of indigenous species and the protection of all flora and fauna throughout the food web; and

WHEREAS, significant progress to restore and protect our water resources has been made since the passage of the Clean Water Act and Safe Drinking Water Act; and

WHEREAS, compromised and impaired waters still exist, and unimpaired waters remain largely unprotected, threatening our quality of life and our economy while public sector investment in protecting water quality continues to shrink, leaving forty years of environmental gains since the passage of the Clean Water Act hanging in the balance; and

WHEREAS, protecting the Vermont brand built on a reputation for protecting its unsurpassed environmental health from degradation is essential for the continued success of all business sectors relying on this crucial market distinction; and

WHEREAS, outdoor recreation, in particular water-based recreation, is a vital aspect of our state identity and a major pursuit among Vermonters and visitors, alike; and

WHEREAS, polluted waters are not accessible waters, do not support aquatic life, and, worse, imperil public health; and

WHEREAS, outdated treatment technologies, aging pipes and pumps, and inadequate capacity undermine our ability to treat sewage, stormwater, and drinking water; and

WHEREAS, in the opinion of leading professionals within numerous disciplines, infrastructure is inadequately funded in Vermont to meet current and future requirements; and

WHEREAS, new and sustained public investment for clean water at the federal, state, and municipal levels is critical to protect this basic element of public health and a vibrant, sustainable economy; and

WHEREAS, it is our legal and moral obligation, as well as an ethical imperative, to ensure that the same quality of life enjoyed by the current generation is possible for the next.

NOW, THEREFORE, BE IT RESOLVED that the undersigned concerned citizens and organizations urge that our state and local elected officials and policymakers:

1. Expeditiously adopt new, equitable, targeted fees and dedicated, broad-based revenue mechanisms; and

2. Sustainably invest these revenues statewide into water, wastewater, and stormwater infrastructure, and all other manner of water resources protection and water pollution remediation.

Next week, Vermonters will mark an anniversary many of us would rather forget.  It is hard to believe that a year has passed since the deluge of Tropical Storm Irene caused destructive flooding in much of the state.  Federal, state, and charitable organizations are still working to help the storms victims recover (the Vermont Irene Fund is one of the many ways you can help).  Yet as the process of recovery continues, it is important to take stock of the lessons we should learn from this disaster, and our response to it, because the overwhelming scientific evidence suggests that climate change may bring more such extreme weather to our state and region.

At CLF, Lake Champlain Lakekeeper Louis Porter, has led the effort to learn the hard lessons taught by Irene’s hard rain.

The gist of his message this week has been that science and experience teaches us that we reduce damage to the built and natural environment when we work with nature rather than against it.

Here are a few of the things he’s had to say this week with links to the major media outlets who have turned to him for analysis on this fateful anniversary:

• From his Vermont Public Radio commentary: “Especially after Irene, we know that the key to flood protection lies in giving rivers room to move, keeping flood plains intact and building roads and bridges that are ready for our new climate.”
• From Paul Heintz’s story “Water Ways” in Seven Days: “We are in for a lot more wet and violent weather,” he says. “We need to realize we’re going to need all of that flood capacity, all of that natural resilience in the years to come.”
• From Suzie Steimel’s report “Did Recovery Efforts Hurt Vt’s Rivers” on WCAX TV: “It was a systemic breakdown from the people doing the work to the folks overseeing it to the state oversight which should have been in place”

As the recovery continues, Louis and others at CLF will work with Vermont officials to ensure that we have the policies and the resources in place to prevent natural disasters from being magnified by man-made disasters caused when recovery work goes wrong.

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

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

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

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

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

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

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

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

The Vermont Statehouse

A bill nearing completion will soon give the public much more say in environmental enforcement actions in Vermont.

Historically in Vermont, agencies and violators of environmental laws have often negotiated resolutions behind closed doors without notice to affected members of the public. The results have often been weak penalties and ineffective remedial action by polluters, a problem which Conservation Law Foundation has long worked to correct.

Vermont’s exclusion of the public from environmental cases was not only bad policy, but contrary to the requirements of federal environmental law, as pointed out by the U.S. Environmental Protection Agency (EPA) and Vermont Environmental Division Judge Thomas Durkin.

The issue is also part of CLF’s petition asking the EPA to revoke delegated authority for the state to administer the Clean Water Act unless shortcomings in the program are corrected.

Last year, CLF and Vermont’s Agency of Natural Resources, which helped draft the bill co-sponsored by Rep. Tony Klein and Rep. David Deen, brought the issue before the Vermont Legislature. A long effort in the House, including many versions of the bill and testimony from a wide variety of interests in two committees, paid off in a 109-25 vote of support.

This year, the second of Vermont’s legislative biennium, the work was taken up in the Vermont Senate by Sen. Ginny Lyons’ Natural Resources and Energy Committee. Another round of rigorous review by legislators resulted in broad support for the bill, which won final support on a voice vote Thursday after Tuesday’s roll call of 27-2.

If the bill moves on to be signed by Gov. Peter Shumlin as anticipated, Vermont will not only come into compliance with federal requirements, but it will help make sure that environmental cases are fairly and thoroughly dealt with, including consideration of evidence, where deemed worthwhile by a judge, from those affected by pollution.

The measure goes beyond federal programs like the Clean Water Act – it offers the same opportunity for public participation in state environmental cases as well.

CLF was helped in its work on the issue by the Vermont Law School’s Environmental and Natural Resources Law Clinic, by members of CLF’s Vermont Advisory Board and by fellow environmental organizations, in particular the Vermont Natural Resources Council. Furthermore, as the bill was worked on and considered, some companies and industry groups who originally opposed the measure came to support its passage, helping to secure support by wide margins in both houses of the Vermont Legislature.