In the mid-1990’s a Vermont ski area executive told me this joke.

“How do you make a small fortune in the ski industry in New England?” he asked.

“Start with a large one.”

He was talking about the challenges he faced then, which seemed normal at the time:  limited water for snowmaking, labor shortages, skyrocketing costs of doing business, aging baby boomer population, and inconsistent (though generally reliable) snowfall. The snow sports industry now faces a much more fundamental challenge: a shrinking winter.

But for a recent cold snap, a light dusting on MLK day, and a destructive storm in October, our winter here in New England has been largely without snow. The temperature has been high – in many instances, far higher than normal.

Consider recent temperature trends as reported by @JustinNOAA – the Twitter feed by NOAA’s Communications Director. On Friday, December 9^th, he Tweeted: “NOAA: 971 hi-temp records broken (744) or tied (227) so far this January.” The day before broke “336 hi-temp records in 21 states.”

Rising temperatures are a death knell for falling snow. On the final day of 2011, only 22% of the lower 48 had snow. Today, New England remains largely untouched by snow. A glance at NOAA’s snow depth map shows most of New England with 4 or less inches of snow. This was true of my New Year’s hike with my brother and his dog up Camel’s Hump. As the background of the photo shows, there was little snow across the surrounding Green Mountains.

With so little snow, New England is suffering. While ski mountains have been making snow (and areas like Sugarloaf and Stowe are reporting recent snow fall), other outdoor recreationists are suffering. Some seasons haven’t even started yet, weeks if not months into their normal season.

Snowmobilers, for instance, are facing one hell of a tough time. With so little snow in most of New England, they’ve been prevented from riding over familiar terrain. Ice fishermen, too, are facing lakes and ponds that, by this time of year are usually covered in a thick layer of ice by mid December. Today, many that are usually frozen by now remain open bodies of water.

The effects of this extends beyond our enjoyment to our economy. According to a story on NPR, reported by Maine Public Broadcasting, the unseasonably warm winter has meant millions of dollars in lost revenue for sporting good stores, lodging, and recreation. One store in the story has reported a decline in sales by around 50%.

Competitive cross-country and downhill skiers suffered, too. They’ve have had their race schedule reshuffled due to rain last week. According to the US Ski Team development coach Bryan Fish, quoted in the Boston Globe, “We’ve had the same challenges on the World Cup. It is always a challenge in a sport that relies on the climate.”

That is precisely the problem. People are drawn to New England to live, work and play for its climate: its warm summers, stunning falls and picture perfect winter landscapes, suitable for a wide range of outdoor activities. Walk down the halls of our states offices and you’ll see signs of that passion right here at home: people wearing ski vests, pictures of people snow shoeing, cabins nestled into densely fallen snow. If our climate changes – which the IPCC and others have repeatedly demonstrated it will – then New England will be a very different region than the one we all have come to know and to love.

That’s why I ask you to help us protect our New England winters. Help us protect the places where we enjoy ourselves.

To do just that, I suggest a few things:

1)      Help us transition away from inefficient, 20^th century energy to clean energy of the 21^st century. As a recent EPA report showed, power plants account for 72% of greenhouse gases – by far the largest contributor to global warming in the U.S. Here at CLF, we’re pushing for a coal free New England by 2020.

2)      Also according to the EPA, transportation accounts for the second largest portion of greenhouse gasses. Ride your bike, walk, or take public transportation to work, to do your errands or your other daily tasks. It makes a big difference.

3)      Support both national and regional or local environmental organizations. As I wrote in a NY Times letter to the editor recently, local environmental organizations “have known for years what the nationals are only now realizing: we’ve got to engage people closer to where they live.” Support local, effective environmental organizations who are creating lasting solutions in your area.

4)      Make yourself heard; write letters to your Senators, Congressmen and Representatives. Ask tough questions, and don’t settle for easy answers.

5)      And be sure to get outside. Plant a garden, even if it’s a small one in a city. Go for a hike, or for a bike ride. And take a friend or family member. Remind yourself and others why we need to protect our environment.

By doing all of these simple but important things, you can help us keep winter, winter.

Sometimes, the failure to act is as harmful as an act itself.

Yesterday, I sent a letter to Patricia Aho, Commissioner of the Maine Department of Environmental Protection, whose recent failure to act on water certification standards for Flagstaff Lake has resulted in the state losing its ability to have any say in the matter for the next 25 years. You can access a copy of that letter here, or read it in full below.

Documents obtained through a Maine Freedom of Access Act (FOAA) request now lead us to conclude one thing: we believe Aho’s failure to act was intentional. Consider the following two points, outlined in the letter:

• Aho had been briefed on the status of the water quality certification application for the Flagstaff Storage Project by the applicant and its attorney and had met with Mr. Mullen, the head of the lead bureau on that application;
• Aho and her staff were aware of the options available to the State with respect to the application.

As stated in the letter, “this makes Ms. DePoy-Warren’s statements of December 9, 2011 that the failure to act on the application in a timely manner was due to reorganization efforts and changed assignments at best completely uninformed and at worst deliberately false… Even more troubling is the conclusion one can logically draw” that Aho “made the decision to not act on the application and thereby waive the State’s rights to certify whether the Flagstaff Storage Project’s new license meets our water quality standards.”

This deliberate inaction is troubling. As I said in a recent joint statement, it not only hurts Maine people who use Flagstaff Lake, but also “raises real concerns about the DEP’s ability and willingness to exercise Maine’s rights to control, manage and protect our natural resources.”

For the full letter, keep reading.

January 3rd, 2011

Patricia Aho, Commissioner January 3, 2012
Maine Department of Environmental Protection
17 State House Station
Augusta, ME 04333-0017

Re: Flagstaff Storage Project #L-19313-32-G-N

Dear Commissioner Aho:

We have finished a review of records provided by your Department pursuant to a December 9, 2011, Freedom of Access Act request from our organization, the Conservation Law Foundation.  That review leads us to conclude that the Department, under your direction, intentionally waived the State’s rights under section 401 of the Clean Water Act, 33 U.S.C. § 1341(a), to certify that the relicensing of Florida Power & Light’s Flagstaff Storage Project meets Maine’s water quality standards.  That conclusion is contrary to the assertions of the Department’s spokeswoman, Ms. DePoy-Warren, who publicly stated that the failure to act in a timely manner on the FPL application was neither intentional nor insidious.  While we will never definitively know about the latter, as set forth below, we believe the failure to act was certainly intentional.

As you know, for the past several years, a new license for the Flagstaff Storage Project, #L-19313-32-G-N, had been stayed by FERC based on the denial of the Section 401 water quality certification by the Board of Environmental Protection in 2004, a decision appealed and upheld by the Maine Law Court in 2007. Since then, FPL had filed an application for a water quality certification for the Flagstaff Storage Project as a placeholder while it worked with the Department staff to identify a means to meet the water quality standards identified by the Board in its original order.  The Clean Water Act provides that if an application for water quality certification is not acted upon within a year of its submittal, the State is deemed to waive its right to make or to withhold such a certification. To avoid such a waiver, the Department’s practice had been to request FPL to withdraw and refile the application. Failing that, the Department would deny the application.  FPL, as it had with its other hydroelectric projects, would withdraw its application for this project and then re-file, thereby “re-starting the clock.”  (This is a practice followed not just by FPL but by most other owners of hydropower projects seeking water quality certification from Maine.)  Thus, FPL filed its water quality certification application for the Flagstaff Storage Project with the Department on November 15, 2009, then withdrew and re-filed its application on November 16, 2010.

As you also know, action by the Department on water quality certifications applications had for many years been coordinated by a longtime Department employee, Dana Murch.  Mr. Murch announced that he would retire at the end of the summer in 2011 and documents produced in response to our FOAA request establish that he began preparing for the transfer of his responsibilities to other employees at the Department in early summer.  Specifically, in June, Mr. Murch and senior managers at the Department, including Michael Mullen, current head of the Department’s Land and Water Bureau, scheduled a series of meetings to discuss the transition of his work load. These meetings specifically included discussion of the Flagstaff Storage Project water quality certification application. Indeed, Mr Murch prepared a memorandum to the file dated July 13, 2011, concerning the history and status of the Flagstaff Storage Project and specifically noting that “Unless DEP acts to approve or deny the pending application for water quality certification on or before November 15, 2011, certification will be deemed waived by operation of law.”

On June 17, 2011, you were named acting Commissioner of the Department, subsequently nominated to take that position permanently on September 9, 2011 and confirmed on September 28, 2011 by the Senate. The documents produced by the Department in response to our FOAA request establish that shortly after you were named acting Commissioner, Pierce Atwood’s Matt Manahan, a partner at your former law firm and FPL’s attorney, contacted you to discuss FPL’s Flagstaff and Brassua Storage Projects and requested a meeting with you, Mr. Murch and representatives of FPL.  A meeting that you organized was set for August 5, 2011 at your office. On the following Monday, August 8, 2011, you sent an email to Mr. Mullen (delivered at 8:11 a.m. and read at 8:40 a.m.) stating the following – “Hi Mike – We need to talk about Flagstaff and Brassawa [sic] when you get a chance.  Thanks!  Pattie.”

A subsequent memorandum from Mr. Murch dated August 12, 2011 to DEP staff, including Mr. Mullen (who was by then overseeing all staffing of hydropower projects for the Department) attached a spreadsheet that listed the staff that would be overseeing the various hydropower projects in the state.  Ms. Dawn Hallowell was listed as being responsible for the Flagstaff Storage Project but it is our understanding that, at the direction of the Commissioner’s office, Ms. Hallowell never received that file.

Thus, by the time that Mr. Murch retired on August 31, 2011, the documents strongly support the following: you had been briefed on the status of the water quality certification application for the Flagstaff Storage Project by the applicant and its attorney and had met with Mr. Mullen, the head of the lead bureau on that application; and that you and your staff were aware of the options available to the State with respect to the application.  This makes Ms. DuPoy-Warren’s statements of December 9, 2011 that the failure to act on the application in a timely manner was due to reorganization efforts and changed assignments at best completely uninformed and at worst deliberately false.

Even more troubling is the conclusion one can logically draw that after you met with the FPL and its attorney, you made the decision to not act on the application and thereby waive the State’s rights to certify whether the Flagstaff Storage Project’s new license meets our water quality standards.  While the Department is legally authorized to make such a decision under the Clean Water Act, the manner in which this decision was made, particularly after the State had invested significant resources over the last 7 years in defending the right to determine when a project does or does not meet our water quality standards, and the subsequent response by the Department when the waiver came to light, is unacceptable.

We feel strongly that the documents we have seen to date support our conclusion.  If, however, we have not reviewed all of the relevant documents or there are other facts we are not aware of, we would be most interested in meeting with you to discuss them.  If we are wrong and this was indeed a case of a blown deadline, then the Department should be aggressively acting to ensure that FERC condition the license for the Flagstaff Storage Project to ensure that Maine’s water quality standards are met and instituting procedures to prevent such failures in the future.  If our current understanding of the situation does not change, we believe that at a minimum you should clarify that the Department decision to waive its rights to determine if the Flagstaff Storage Project met Maine’s water quality standards was in fact intentional and should include an apology to the stakeholders who were counting on the State to exercise its rights under the Clean Water Act.

Respectfully,
Sean Mahoney
Vice President and Director
CLF Maine

cc: Peter J. Carney

It’s been a great year for CLF — and a great year on CLF Scoop. We’ve had lots of great posts by our advocates, staff and volunteers. See below for the most read 10 blog posts published in 2011.

1. Northern Pass: The 5 million ton elephant in Massachusetts’s climate plan 
By Christophe Courchesne

“The Northern Pass transmission project is being pitched by its developers as a clean energy proposal for New Hampshire. As I’ve pointed out before, Northern Pass is aregional proposal with dubious benefits in the Granite State. Unfortunately, the developers’ hollow promises have found an audience further south, in Massachusetts.”

2. RGGI results good for our climate, economy and consumers 
By N. Jonathan Peress

“If you listen to the word on street, or read the headlines, you’ll have heard that our times are hard times. Joblessness remains stubbornly high, markets remain volatile and credit is tight. Most people agree that what we need is a program to creates jobs, generates money, and reinvests each of those in our communities to make them stable, healthier and happier.”

3. My NY Times letter to editor 
By John Kassel 

“It would be hard to find “a tougher moment over the last 40 years to be a leader in the American environmental movement” only if your sole focus is the national debate. All the rest of us — at the local, state and regional levels — have known for years what the nationals are only now realizing: we’ve got to engage people closer to where they live.”

4. Countdown to Shark Week 2012
by Robin Just

“I really do love our New England sharks. But I also love to surf. And as the water temperature at my favorite break is going down, the great whites are heading south. One less thing to worry about as I struggle with frigid water, thick head-to-toe neoprene, and my own personal resolve to surf all year long.”

5. We Can Get There From Here: Maine Energy Efficiency Ballot Initiative 
by Sean Mahoney 

“Maine has a new motto: We can get there from here… As Washington has failed to advance clean energy legislation, and Governor LePage has expressed open hostility to the state’s renewable portfolio standards (RPS), I am reminded of that famous quip from Bert and I: “You can’t get they-ah from he-ah.” For Mainers concerned about Maine’s dependence on expensive, dirty fuels, and sincere in their interest in building a sustainable economy for the years to come, this quip has become a frustrating reality – a reality we can change, with your help.”

6. Love That Dirty Water: Massachusetts Lacks Money, Needs Clean Water 
By HHarnett 

“Massachusetts lacks money and needs clean water. This bind – one in which the state found itself following a June report – has forced a discussion policies that are raising the hackles of Massachusetts residents.”

7. Would Northern Pass Swamp the Regional Market for Renewable Projects? 
By Christophe Courchesne

“With the Northern Pass project on the table, as well as other looming projects andinitiatives to increase New England’s imports of Canadian hydroelectric power, the region’s energy future is coming to a crossroads. The choice to rely on new imports will have consequences that endure for decades, so it’s critical the region use the best possible data and analysis to weigh the public costs and benefits of going down this road. To date, there have been almost no objective, professional assessments of the ramifications.”

8. CLF Negotiates Cool Solution to Get Kendall Power Plant Out of Hot Water (And To Get Hot Water Out of Kendall Power Plant)
By Peter Shelley 

“Today marks a new milestone for CLF in our efforts to clean up the lower Charles River. Concluding a five-year negotiation, involving CLF and the other key stakeholders, the EPA issued a new water quality permit for the Kendall (formerly Mirant Kendall) Power Plant, a natural gas cogeneration facility owned by GenOn Energy. The plant is located on the Cambridge side of the Longfellow Bridge.”

9. What the Keystone XL decision should mean for Northern Pass
By Christophe Courchesne 

“Last week, a major disaster for our climate and our nation’s clean energy future was averted – at least for now – when the Obama administrationannounced that it won’t consider approving the Keystone XL pipeline’s border crossing permit before it reconsiders the Keystone XL pipeline’s environmental impacts and the potential alternatives to the proposal on the table.  For all the reasons that my colleague Melissa Hoffer articulated in her post last week, the Keystone XL victory was a resounding, if limited, triumph with important lessons for environmental and climate advocates across the country as we confront, one battle at a time, the seemingly overwhelming challenge of solving the climate crisis.”

10. When it comes to river restoration, haste makes waste
by Anthony Iarrapino

“In their rush to exploit recovery efforts from Tropical Storm Irene, ideologues who perpetually fight against regulation and science and who posture as the defenders of traditional “Yankee” values are forgetting two important rock-ribbed principles.”

Maine has a new motto: We can get there from here.

As Washington has failed to advance clean energy legislation, and Governor LePage has expressed open hostility to the state’s renewable portfolio standards (RPS), I am reminded of that famous quip from Bert and I: “You can’t get they-ah from he-ah.” For Mainers concerned about Maine’s dependence on expensive, dirty fuels, and sincere in their interest in building a sustainable economy for the years to come, this quip has become a frustrating reality – a reality we can change, with your help.

CLF is a part of a coalition of groups from the private and nonprofit sectors, the Maine Citizens For Clean Energy, www.cleaneenergymaine.org,  that is working to enact a law by public referendum that would increase the amount of renewable energy generated in the state and increase our ability to implement energy efficiency measures that would reduce our reliance on oil and other fossil fuels, saving us money and helping our environment at the same time.

To do this, we need to get the referendum  on the ballot for state-wide vote in November 2012 by gathering more than 70,000 signatures from Maine voters by January 2012. The signs are strong: we have met with considerable early success, are ahead of our goals, and see evidence of strong support from Maine residents.

This year, on November 8^th, 28,000 Maine voters registered their interest in putting a citizen’s initiative on next year’s ballot to expand clean energy in Maine. The coalition, as Environment Maine said in their press release, had set a goal of 20,000 only two weeks before. In our current effort to collect 70,000 signatures, we are well ahead of our goals.

This should not be surprising, as polls of Maine residents have consistently shown strong support for energy efficiency. One poll, conducted by NRDC, showed “Nearly 80% of voters back the use and expansion of energy efficiency technologies.” Another, conducted by Portland-based Critical Insights and discussed by NRCM, “shows that Maine voters overwhelming oppose specific environmental rollback proposals now before the Maine Legislature.”

Groups in Maine have heard and are working to promote the interest of Maine voters. Already, CLF is working with a coalition of Maine businesses, workers, health professionals, citizens and public interest groups. We are joined by – Reed & Reed, general contractor, NRCM, and the Maine Renewable Energy Association, among others.

The message Maine voters have delivered so far is clear: We can get there from here.  We need your help.  Please sign a petition supporting the referendum or better yet, volunteer to gather signatures in your community.

This ballot initiative comes at a crucial time and allows for a broad discussion by the people of Maine as to the value of renewable and energy efficiency. If successful, the ballot measure would require that the current RPS be increased by 20 percent by 2020 and would ensure adequate funding from utilities for all cost-effective efficiency measures.

If you’d like to help ensure the passage of this ballot initiative, you can do two things.

First, help us gather signatures. If you haven’t signed the petition, please do so now.

And, secondly, if you’re willing to volunteer – more than willing to provide you with all you’ll need. Simply get in touch with us here at our Portland, Maine, office.

Help us, and our broad coalition, to deliver to Maine what voters want: expanded energy efficiency and, with it, a clean, clear path forward.

Millinocket, Maine – a town struggling to reshape its economy – deserves good jobs. Here at CLF, we watch and hope for the success of the East Millinocket mill and the eventual opening of the Millinocket mill.  However, at a closing price of $17 million, and at $250,000 for annual operations, the state’s recent acquisition of the Dolby landfill in East Millinocket has delivered these jobs at a price that is too high and set a precedent that is too dangerous to accept.

In an Op/Ed that appeared recently in the Bangor Daily News, I argued the importance of understanding all of the costs associated with the Dolby landfill. Let’s quickly review those costs.

First, a majority of the costs will be borne by all Maine taxpayers, regardless of the success of the mills. The Dolby landfill costs $250,000 per year to operate and $17 million to close. The state is now the sole entity legally obligated to cover those costs. While the Legislature appears poised to appropriate the necessary fund for operations (after a local town balked), no funds have been set aside for the $17 million in closure costs, nor is there any clear plan to raise those funds.

Secondly, acquisition of the Dolby landfill and its liabilities came at the cost of ignoring the Maine Constitution. Article IX of the state’s Constitution, a provision that has been in place for two centuries and is intended to keep state government from making rash decisions, was inconvenient to the timing of this particular deal. As a consequence, the administration did not even address the issue. Inconvenience is not an acceptable reason for ignoring those constitutional requirements.

Thirdly, this acquisition – the state’s second in the past few years – further challenges the state’s solid waste policy. The state has a statutory goal of reducing, reusing or recycling waste. The recent acquisition of another landfill in Old Town has created a new conflict between the landfills themselves, which must compete for solid waste to generate revenue to pay for operating and closure costs.

This either means that the administration’s claim that the Dolby landfill would be expanded to help pay for costs is highly unlikely — why would anyone pay to truck garbage to Millinocket if there is capacity in Old Town? — or it means that the application of the Old Town landfill needs to be re-examined.

Finally, as each of these arguments suggests, there is no strategy or vision for reducing the amount of solid waste we landfill in Maine, which would save all of us money.

For more a more extensive review of the costs of the Dolby mill, read my Op/Ed in the Bangor Daily News in full. You can also read some of my other blogs on this topic:

• LePage Forges Ahead in Quest for Troubled Landfill
• What’s next for the Dolby landfill?
• Maine’s Acquisition of Dolby Landfill Sets Dangerous Precedent

A study released today documents the powerful benefits of the Regional Greenhouse Gas Initiative (RGGI) – the nation-leading effort by Northeastern and Mid-Atlantic states to reduce greenhouse gas emissions from power plants while building up energy efficiency and clean energy efforts in the states.

The study found that RGGI created $1.6 Billion in net economic benefits across the region ($888 million in New England alone).  The program saved electricity customers $1.3 Billion on their energy bills region-wide due to investment by the program in energy efficiency and created 16,000 Job Years (a standard measure of employment) during the first 3 years of the program (including temporary and permanent positions).   The cost of the program was minimal, creating an imperceptible 0.7% electricity price increase on customer bills across the region that was more than offset by the benefits of the program.

CLF has been deeply involved with the RGGI program from its inception. We strongly believe that this is solid proof that RGGI, while first and foremost an effort to reduce greenhouse gas emissions, is also a win for the economy, consumers and business, as well as the environment.

We must apply the lessons of RGGI to date and move beyond this pilot phase, scaling up the program to further reduce pollution, create even more jobs and reduce energy bills on a much greater scale, and take this effort into other parts of the nation.

RGGI has proved that a well-designed greenhouse gas reduction policy is a win for just about everybody.  The complaints (amplified by their well-financed megaphone) from the filthy few companies who make their money by extracting and selling coal and oil, at great cost in lives and environmental damage, should not distract us from hearing that very positive story.

                Wouldn’t it be great if Maine law required that our power companies must save their customers money by investing in the cheapest form of energy, known as energy efficiency, while simultaneously ensuring that the sources of power sold in Maine increasingly come from clean, renewable energy sources?  If you agree, you are not alone. A coalition of Maine businesses, workers, health professionals, citizens and public interest groups, including CLF, feels the same way and we have initiated a referendum for next year’s election that will make it happen—with your help.

                To do so, our coalition will have to gather more than 70,000 signatures from Mainers seeking to place this issue on a ballot for state-wide vote in November 2012. This Election Day (tomorrow- November 8—VOTE!) keep an eye out at your polling place for folks collecting signatures on our petition and join our cause.

                What exactly are we proposing? To make changes to existing law that would require that a portion of our electricity bills fund cost-effective energy efficiency efforts throughout the state. Cost-effective energy efficiency means reducing the amount of electricity that we use, by investing in improvements to our industries, businesses and homes in a manner that saves more money than was spent on the improvements. On average, these kinds of investments save three times as much as they cost. If left untouched, Maine’s currently planned investment in energy efficiency will capture only 25% or so of the potential available savings. These are savings that will reduce everyone’s electricity bill, avoid the need for new expensive electricity lines and limit the amount of electricity that needs to be generated—let’s not squander them.

                We are also proposing that a requirement in Maine law, providing that at least 10% of electricity sold in the state must come from new renewable energy sources, should be increased so that 20% of our electricity comes from clean renewables. The effect of this requirement would be to increase the development of home-grown renewable energy projects that generate jobs in Maine while reducing our energy-related pollution. In combination, energy efficiency and increased renewables will mean Mainers pay less to the power company while doing more to preserve their quality of air and place.

                Why are we undertaking this? Governor LePage and the current leadership in the Legislature have made clear that, not only do they not support money-saving energy efficiency and the development of renewable energy, but they are attempting to scale back both from their current levels. We don’t think that approach is good for Maine and we believe a majority of Maine people agree with us. This ballot initiative allows the people to decide this issue of critical importance for our economy and our environment.   

                If you are interested in helping us in this campaign, please contact the CLF Maine office.

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.