This has been a busy week for CLF, as we continue to respond to the ongoing efforts of the LePage Administration to weaken Maine’s environmental protections. On Monday, February 14, immediately prior to the scheduled public hearing on the LePage proposals, the LePage Administration submitted an actual bill, LD1, that encompassed some but not all of the proposed “reforms.” The public hearing immediately following this announcement, held by the Legislature’s Regulatory Reform Committee, was attended by hundreds of opponents, including many members of CLF. At the hearing, CLF Maine Director Sean Mahoney submitted testimony to the Committee criticizing any attempts to drive a wedge between strong environmental protections and a vibrant economy. It is imperative that this Administration understands that much of Maine’s economy is built on its unique environment and quality of place.

At a separate press event at the State House on the same day, CLF Maine Board Member Hoddy Hildreth lent additional words to the CLF cause, stating his opposition to the rollbacks and calling the attempt to revive the false choice between pickerels and payrolls “hogwash.”

What now? CLF has filed additional requests to the Governor’s office and the Department of Environmental Protection under the Freedom of Access Act in connection with the new bill, LD1. Many of the original proposed “reforms” will now be the subject of separate bills that will be presented later in the session, and CLF will be providing updates as we get information.  An initial public hearing on LD1 is now scheduled for February 24 at the Cross Building at 10 a.m. We invite you to join CLF and our allies at this hearing, and show the Administration that the environment is important to the people of Maine.

Jordan Basin (circled in red) is about 60 miles south of Bar Harbor in the Gulf of Maine

A Boston Globe article last week reported exciting information about North Atlantic right whales, the most endangered large whale in the North Atlantic and one of the planet’s rarest animals, with an estimated 440 individuals left in the total population. Historically, right whales were targeted by whalers because of various characteristics that made them commercially attractive and easy to kill, and today they face continuing threats from entanglement in fishing nets and collisions with ships. While there are many mysteries surrounding this ocean giant, in recent years, scientists discovered that many right whales spend early winter (November to January) in Jordan Basin, which is approximately 60 miles south of Bar Harbor in the Gulf of Maine and is one of New England’s special ocean places.

A breaching North Atlantic right whale

Scientists were able to conduct further observations of right whale behavior in Jordan Basin this past winter, and they saw indications that the whales were conducting mating rituals. Additional evidence, such as visually observing mating behavior and measuring hormone levels, is necessary in order to draw any definitive conclusions about the whales mating, but scientists sound optimistic that these recent discoveries are helping to fill in the blanks of what we don’t know about right whale behavior.

These discoveries carry additional importance because they can be used to create measures to protect the threatened right whale. Since whales are often harmed in net entanglements or ship strikes, knowledge of where they congregate allows the creation of well-tailored regulations that define shipping routes outside of right whale hotspots and reduce vessel speeds in seasonal right whale waters (this was discussed in a Boston Globe editorial that ran earlier this week). This is a key example of how marine spatial planning can help protect threatened ocean species, such as the North Atlantic right whale, and preserve our ocean legacy.

On February 15 the “Blog Your Way to the North Pole” contest ends.  Once again we urge you to take a second to vote for CLF friend Leslie Harroun as she surges to the top of the polling.

The ice is melting and the climate is changing and we need folks to do some on-the-scene reporting as Leslie will do if enough folks vote for her !

In an ongoing battle between the Conservation Law Foundation (CLF) and the Administration of Governor Paul LePage over the release of public documents related to his regulatory reform proposals and “red tape audits,” the LePage Administration Thursday relented and agreed with CLF’s legal conclusion that Maine’s Freedom of Access Act (FOAA) requires the Governor’s office to disclose documents related to the development of his regulatory agenda and staffing that were generated during his post-election transition.

Naturally, I am pleased that the Governor’s office has agreed to comply with the law that allows citizens access to their government’s records; however, I remain concerned that the Administration’s first reaction was to fight disclosure, and that even this agreement to adhere to the law comes with strings attached.

The Governor’s Office takes the position that “the Transition Team was under no obligation to preserve such documents” and says that it will not turn over documents in the possession of Transition Team members. So what shade of transparency is this? Well, I construe this statement to mean that documents that formed the basis for the Governor’s sweeping regulatory reform proposal were either destroyed or are in the possession of the Transition Team, and though those documents are accessible to the Governor’s Office, they will be withheld from the public.

That’s right, it seems that when Governor LePage declared the “most transparent transition in Maine history,”  he forgot to mention that he wasn’t beyond secreting policy documents using legal technicalities. So why doesn’t the Governor want the people of Maine to know who was really behind this effort to reverse Maine’s progress in protecting natural resources that are vital to our economy and our way of life? Is it possible that we might learn that it was lobbyists, out-of-state corporations and some of those special interests by which the Governor claims he cannot be taken hostage?

To borrow your words, Governor–“the Maine people deserve to know.”

The LePage Administration appears to be failing its first formal test of what it claimed would be the most transparent administration in Maine’s history.

In response to a request we filed at the end of January under the Freedom of Access Act for documents related to Governor LePage’s so-called Regulatory “Reform” Proposals, the LePage Administration has stated that it would not provide any documents generated during the transition period for the new Administration, but only those documents generated after the January 5 inauguration. The announcement is in direct conflict with Maine’s Freedom of Access Act and relevant court decisions.

CLF seeks documents related not only to the proposals which threaten to eviscerate four decades of laws and regulations that benefit both the environment and economy of Maine, but also documents related to the “red tape” meetings organized by the Administration and business interest groups in December and January and the nomination of DEP Commissioner Darryl Brown.

“If they didn’t consult with Mr. Brown on these proposals, the vast majority of which are directed at the department he was to lead, then who did they consult with?” asked Sean Mahoney, director of CLF Maine. “It appears to us by the nature of many of these proposals and the document itself, that many of the proposals represent the wish list not from Maine residents or businesses, but out-of-state corporations and trade organizations.”

The Administration’s position is not only counter to its professed goals of transparency and putting people before politics but is legally unsupportable under the clear language of Maine’s Freedom of Access Act and as interpreted by the courts.  If they fail to change their position, CLF will take the fight for transparency and full disclosure to the courts. More >

By now, you’ve heard about Governor LePage’s regulatory “reform” proposals that threaten to dismantle four decades of sound environmental regulations and put Maine’s environment and economy at risk.

CLF is already hard at work evaluating these “reform” proposals and their sources, and has submitted a formal request under Maine’s Freedom of Access Act for the documents, communications and other materials that served as the basis for this proposal.  CLF is ready to work with the new administration to create proposals that make existing regulations and institutions more efficient; however, we are also prepared to hold the LePage administration legally accountable for the changes they propose to implement.

Here’s how you can help:

1. Attend a Hearing

The LePage administration is moving quickly to codify the proposals with a public hearing on LD 1, the vehicle for making these concepts law.  Come stand with CLF and our allies to support Maine’s environment and voice your opposition to these “reforms” by attending the public hearing on LD 1 on Monday, February 14 at 9 a.m. at the State House in Augusta, at which the Joint Standing Committee on Regulatory Fairness and Reform will take testimony on the Governor’s proposals.

Public Hearing on Governor LePage’s Regulatory Reform Proposals
Monday, February 14 at 9 a.m.
Maine State House
100 State House Station
Cross Building, Room 208
Augusta, ME 04333

Stand with CLF and tell the Governor that his proposals will:

• Threaten Maine’s economy by endangering the natural resources that bring businesses and tourists to Maine from all over the globe and $10 billion annually;
• Eliminate environmental safeguards that have been in place for decades to ensure clean air, clean water and a clean food supply;
• Endanger the health of all Maine residents;
• Perpetuate our dependence on oil; and
• Tear down the solid regulatory foundation that benefits every family and business in Maine.

2. Send a message to the LePage Administration

If you are unable to attend the hearing, you can submit your comments online to Governor LePage and the committee chairs for the Joint Select Committee on Regulatory Fairness and Reform.

Protect Maine. Tell Governor LePage and the committee chairs, Senator Jonathan Courtney and Representative Jonathan McCain, that these proposed “reforms” will threaten the future of the Maine we know and love.

Want to learn more? Check out what CLF Maine director Sean Mahoney had to say on the subject in this Solve Climate News article.

There are many things about Governor LePage regulatory “reform” proposals that could impact the quality of my family’s life here in Maine, from developing the North Woods to loosening restrictions on dirty air emissions.  But a couple of proposals in particular really frustrated me as a parent.  LePage’s proposal to repeal the BPA ban and the toxic flame retardant ban. The BPA ban phased out the toxic chemical in consumer products such as baby bottles and sippy cups.  The bill had strong support and there wasn’t a single Maine based business that testified against the bill.  But it received plenty of opposition from deep pocketed chemical industries, such as Dow Chemical.

While Washington based groups like the Grocery Manufacturers Association and the American Chemistry Council have supported a repeal of the ban, local grocers, including the Maine Grocers Association have not taken an active role and have not taken a stance on the ban.

I am the mother of two young boys, ages 17 months and 2 and a half.

My boys on the shore of Moosehead Lake

I spend a considerable amount of time combing through labels on baby products to make sure that the materials aren’t toxic.  It is time consuming to ground truth the harmful effects of chemicals.  What are the hormone disrupting effects of Bispehnol-A (BPA)?  Will that stain resistant/flame resistant perfluorinated synthetic chemical (PFC) on that couch give my boys bladder cancer?  So my attitude is to err on the side of being safe by buying products with as few chemicals as possible.  You would be surprised at how challenging  it is to achieve even that tepid goal.  But last year, Maine lawmakers took considerable strides towards making my decision making easier and safer by enacting bans on known toxic chemicals in kids products, through the Kids Safe Products Law.

Why are we trying so hard to appease out-of-state chemical companies?  Dan Demeritt, LePage’s communication director, dryly pointed out that BPA-free products are available on the market, parents don’t have to choose to buy products that contain the chemical.  This is the “people before politics” response?  As a parent that is constantly pressed for time (aren’t we all?) who frequently does shopping with 2 kids piled into a shopping cart where 5 minutes too long can spell “melt-down”, I don’t have time to read through all the product disclaimers.  Why should any parent have to take that extra step to protect their children when a simple solution is already in place?

I was pleased to see that Republican Senator Dana Dow took a stand on this issue.  He works in the furniture industry and relayed a story of a simple blood test revealed soaring high toxicity levels for PFCs.  Take a look at the link, Senator Dow testifies at around 8 minutes in: http://www.youtube.com/watch?v=Qlc5urnzB50

This issue impacts all of us.  Will Maine choose to protect our children over out of state chemical companies?  Next time you are barreling down a grocery aisle trying to read the label, remember to call your representative and help them figure this one out.

Any doubts that Maine’s new Governor Paul LePage is intent on rolling back decades of environmental protections were put to rest this week with the release of Phase 1 of the governor’s regulatory “reform” (rollback) proposals. The proposals are sweeping in nature, including:

• Requiring at least  3 million acres in the North Woods be zoned for development without any of the current protections against sprawl;
• Weakening the legal standard for reviewing decisions by agency professionals;
• Repealing the requirement that used hypodermic needles be shredded before disposal.

CLF has decried the proposals, as have the Natural Resources Council of Maine, Environment Maine and the Maine League of Conservation Voters, who called them “reckless and appalling.” The Bangor Daily News summed it up well in the title of its January 25 editorial, “Moving Maine Backward.”

The proposals focus extensively on the Department of Environmental Protection and the laws and regulations it is responsible for implementing. For instance, the governor proposes to abolish sound recycling policies, reverse a ban on the toxic, cancer-causing chemical BPA, remove a minimum penalty amount for violators of environmental laws, allow construction in sensitive sand dunes, and weaken water quality measures.

As the Environmental Roundtable should have made clear to the governor last week, a healthy environment protected by science-based rules and regulation is treasured by the people of Maine and essential to the state’s economic future.  But apparently this governor has not yet figured out that he governs for all the people of Maine (and not just the 38% of the voting population who supported him) and that he certainly has not been given a mandate to dismantle four decades  of sound environmental regulations.  The proposals are clearly the wish list of a few select special interest groups that have dominated  this new administration.

The proposals will be the foundation for the series of public meetings being held by the Legislature’s Joint Select Committee on Regulatory Fairness and Reform, the first of which was held earlier this week in Presque Isle, and will be the basis for the first bill of the session, LD1, “An Act to Ensure Regulatory Fairness and Reform.”

People who care about Maine’s environment, who understand that a strong and healthy environment is necessary for a strong and healthy economy, need to stand up and make their voices heard by the governor.  Phone calls, letters, emails to the governor’s office and to legislative leaders are critical, as is a strong turnout at the remainder of the regulatory reform hearings.  Before this train leaves the station, we need to do all we can to try and keep it from going off the rails.

The Maine Alliance for Sustainable Transportation (MAST), the statewide coalition of which CLF is a steering committee member, has submitted a proposal to increase commuter transit options, reduce household expenditures on gasoline and diesel, increase employment opportunities and productivity and reduce government expenditures by expanding the routes of the highly-successful ZOOM Turnpike Express bus services along the Maine Turnpike corridor. The program would also establish a fund for the improved maintenance of Maine’s roadways.

“Financially, this bill just makes a lot of sense for a fiscally-strapped state like Maine,” said CLF Maine Staff Attorney Jane West. “Instead of spending $56 million on a tollbooth or $150 million to widen a couple of miles of highway, this bill will serve thousands of commuters, reduce traffic congestion and provide a much-needed alternative to paying three dollars and more per gallon at the pump, for a fraction of the cost of any other solution.” More >