The run-up to the holidays is always a busy time of year, and can make us all feel a bit overstretched. That’s certainly true at CLF.

In fact, at times this fall it has felt like we’ve been at a pre-holiday pace since Labor Day. In preparing an internal President’s Report in December, I realized I could only capture a fraction of our accomplishments – the tip of a large iceberg of great work that we love to do.

I worry sometimes, frankly, that we love it too much. My concern for all of us (in CLF and in every cause-driven organization) is that we take care of ourselves as we do what we do. This includes optimizing our efficiency, taking time off to recharge, leaving work at work, and of course selecting work carefully so that we spend our time and energy wisely. These are relatively objective elements of prudent and careful management.

It also includes the more subjective, human-oriented, affective things we all do – as human beings – to feel fulfilled, grounded and happy: asking for, receiving and giving help, supporting our partners and being supported by them, sharing common cause. There is nothing quite so energizing and gratifying as knowing that we’re in it together.

This past year was replete with examples of how we at CLF do this at the inter-organizational level. We partnered with other groups, we led coalitions, we leveraged our work for the benefit of similarly-aligned organizations with complementary skills, we developed strategy in cooperation with others and implemented it jointly. As I said in a recent letter to The New York Times, it’s “a great time to be in the environmental movement.” These partnerships are one of the reasons; they sustain us.

As we round the dark corner of the year and head into the light, I wish you all a wonderful holiday season and a joyous new year.

The Cape Wind offshore wind project moved one big step closer to construction yesterday when the Massachusetts Supreme Judicial Court (SJC) affirmed the MA Department of Public Utilities’ (DPU’s) finding that the project’s costs are reasonable in light of the many benefits it will bring.

Massachusetts’s highest court upheld the November 2010 decision of the DPU, which approved a critically important contract between Cape Wind and National Grid in which the electric utility agreed to purchase half of Cape Wind’s output. Cape Wind opponents had appealed the DPU’s decision— the latest in an endless stream of ill-fated maneuvers intended to block the nation-leading clean energy project from being built.

CLF intervened in the appeal proceeding with fellow environmental groups NRDC and Clean Power Now, making the case that the DPU’s extensively-researched decision showed clearly that Cape Wind’s benefits would outweigh its costs. Among these benefits is the project’s close proximity to areas of high electricity demand, which gives it logistical advantages over obtaining power from more distant energy projects that have been proposed.

The High Court’s validation should make it easier for Cape Wind to secure a buyer for the other half of the wind farm’s output and attract project investors to help finance construction. When built, after more than a decade of exhaustive reviews, Cape Wind will be the nation’s first offshore wind project.

Encouraged by yesterday’s decision, Jim Gordon, president of Cape Wind, spelled out some of the benefits Massachusetts residents could anticipate when Cape Wind is built, including, “creating up to 1,000 jobs, providing Massachusetts with cleaner air, greater energy independence and a leadership position in offshore wind power.”

We at CLF say, “Bring it on…not a moment too soon!”

While much of Boston was distracted by the approaching holidays, public health and the environmental justice communities of Roxbury / South End scored a victory last Friday, December 23^rd, when Secretary Sullivan issued his final decision to deny BU’s request to begin high level research at BU’s National Emerging Infectious Disease Laboratories (NEIDL) until a full risk assessment is reviewed by EOEEA.

This decision brings to a close one chapter in a larger, protracted debate regarding acceptable levels of risk for this project, otherwise known as the BU Biolab. Biodefense research conducted at the lab would bring highly contagious, rare and lethal pathogens, such as ebola, to densely populated urban neighborhoods. Members of local communities have expressed strong opposition to the siting of this facility near their homes and schools.

Meanwhile, BU has failed multiple times to assess and justify the risks associated with the NEIDL as required by state and federal statutes. Their assessments have repeatedly been subject to criticism for the poor quality of their analysis. Despite this, BU requested a waiver to proceed with operating the lab – a request that applied to all proposed research for the NEIDL except that which would occur in Biocontainment Safety Level 4 (BSL-4) labs, including BSL-3 research. CLF and other opponents of the lab strongly opposed this request.

Secretary Sullivan’s final decision denies BU’s request to begin BSL-3 research before a full risk assessment is reviewed by EOEEA. We welcome this decision, and consider it to be a victory for the security of the local community and the integrity of the legal process. As stated in joint comments filed last week, we support this decision for the following reasons:

1) It’s the law. The Secretary’s decision is in line with the Superior Court and Massachusetts Supreme Judicial Court rulings that require the EOEEA to fully review risk assessments for BSL-3 and 4 research at the NEIDL.

2) It’s too risky not to understand the risks. Careful review and oversight of this facility is necessary given BU’s poor track record of reporting accidents in a timely manner and communicating with the community on this issue.

3) The public not only should participate – they are required to. The EOEEA Environmental Justice Policy requires enhanced state review and public participation opportunities because of the proposed facility’s location in Roxbury/South End.

What You Can Do:

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 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.

A truly gorgeous summer day sailing around Block Island at hull speed is one of my fondest ocean memories. So is battling with a monster striper around midnight on the rocks of Cuttyhunk Island. (Landed and released.) I’ve also been lucky to enjoy any number of days on Buzzard’s Bay either cranking off the miles in a kayak, watching my small daughter catch her first porgie or diving off the fish dock deep into the cool, clean, green water.

I can’t think for a minute what deep shock and dread I’d feel if we had a truly disastrous oil spill such as happened with BP’s Deepwater Horizon. The 2003 spill from a barge collision in Buzzard’s Bay released at least 98,000 gallons of heavy fuel oil and those impacts were astonishing. Imagine the damage from a months long oil geyser such as happened with the Montara blowout that started on August 21 2009 and flowed for 72 days. Or, maybe you haven’t heard about the spill off the coast of Nigeria this week that is likely to extend over 900 square kilometers? Imagine that one hovering along Cape Cod National Seashore and washing up week after week. This spill was caused when oil was simply being pumped from the supposedly safer platform of a large storage tanker to a transfer vessel.

As happened with BP’s disaster, oil field catastrophes often cost human lives. You may not have been able to pick up one of the scarce stories in the US media about the sinking of a drilling rig off of Russia’s Sakahlin Island barely a week ago that has killed at least 50 workers. The rough waves, strong winds and icy waters are similar to the challenges of oil drilling in America’s Arctic sea — and should raise the same concerns. (How many workers are we going to be putting immediately at risk in the Arctic with a potential oil spill when the closest US Coast Guard station is 1000 miles away?) Even the source of last month’s oil spill hundreds of miles off of the coast of Brazil took eight days to locate and they don’t have to deal with icebergs. The list of oil spill disasters is growing so quickly that disasters are now seemingly routine. Yet, the ability to “clean up” hasn’t generally improved since the 1960s. The only real way to prevent a spill is to not drill in the first place.

So, I am giving thanks this weekend for a healthy, oil-free ocean and for my CLF colleagues and our allies who work hard to keep it that way. Like winter itself, the political storms will come and go and it is heartening to know there are dedicated, smart people willing to take on the challenge. The best way to keep our beaches and waters healthy, vibrant and clean is to keep supporting the people and organizations who work for a better future. Thank you all and Happy Holidays.

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.

There is a saying that as goes Maine, so goes the nation. That is proving to be true, with one slight twist: As goes New England, so goes the nation’s environmental policy.

If you look at a wind map of the United States you’ll see that all prevailing winds east of the Mississippi eventually converge right here, in New England. That helps make New England the place so many of us love – warm summers, stunning falls, and cold, snowy winters – but it also makes New England the tailpipe of the nation.

Beginning in the mid-20^th century, researchers began documenting evidence of the effect of acid rain on Camel’s Hump in Vermont’s Green Mountains. They documented dramatic decreases in biomass, forest reproduction, seed germination, and other damaging effects among such species as red spruce, mountain maple, sugar maple, and beech – some of the trees whose brilliant fall colors draw millions of tourists to New England each fall. The cause? Acid rain.

Today, the problem continues, though in different ways. Antiquated coal plants built before 1970 have long enjoyed loopholes in the Clean Air Act that allowed them to emit toxic pollutants without modern controls. They have spewed a mix of mercury, arsenic, lead, and soot that harms all Americans by degrading our air and water quality, as well as our public health by increasing the rates of lung disease and causing asthma attacks, among other ailments. Even though many New England states have imposed modern controls on their plants, winds continue to carry pollution from the rest of the country that harms New England’s environment and its people.

That’s why today’s ruling from the EPA on the Mercury and Air Toxics Standards (MATS) is so laudable. As my colleague Jonathan Peress said in a press statement, these standards “amount to one of the most significant public health and environmental measures in years.” They are also similar to standards we adopted here in New England years ago.

According to EPA estimates, these standards will prevent 11,000 heart attacks and 130,000 asthma attacks annually among Americans by 2016. The standards will also save at least $59 billion measured as a reduction in premature deaths, lower health care costs, and fewer absences from work or school. That is undoubtedly a good thing. It is also undoubtedly long overdue.

The affected coal plants are toxic dinosaurs. According to an AP survey, the average age of the plants is 51 years – some of them were even built when Harry S Truman was president. EPA’s new standards will finally allow the public health protections, signed into law by George H.W. Bush as a part of the Clean Air Act of 1990, to do their job. As Ilan Levin, associate director of Environmental Integrity Project, said in a piece on Climate Progress, “The only thing more shocking than the large amounts of toxic chemicals released into the air each year … is the fact that these emissions have been allowed for so many years.”

Here in New England, we have long understood the importance of controlling harmful pollution. CLF together with a close coalition pushed for strict state air pollution standards to clean up the dirtiest plants in Massachusetts. In 2001, the Department of Environmental Protection adopted regulations known as “The Filthy Five” that went beyond the Federal Clean Air Act of 1970, and tackled the issues of mercury and carbon dioxide. From our experience with stringent state standards in Massachusetts and Connecticut, we know the substantial benefits to public health and the environment that will result from these rules.

Concern that these standards will directly shut down plants is misguided. According to an AP survey, “not a single plant operator said the EPA rules were solely to blame for a closure.” Instead, a confluence of factors have already initiated a broad technology shift we’re already seeing here in New England: coal prices are rising and natural gas prices are declining against a background of strict state clean air rules. Given this, many (but not all) of New England’s plants have either already installed modern pollution controls, or are actively planning for retirement, in ways that will keep the lights on.

I applaud the EPA, and Administrator Jackson, for their good work on these standards. We will continue to support them, and they’ll need our help.

And in any event, how long are people to suffer while clean air requirements on the books go unenforced? 21 years (since 1990) is too long. The time has come. Finally.

Today’s New York Times contains a letter to the Editor I wrote in response to an article published in this weekend’s Sunday Review. See below for a copy of that letter, as it appears in today’s paper. You can also click here to view it on The New York Times website.

To the Editor:

Re “Environmentalists Get Down to Earth” (news analysis, Sunday Review, Dec. 18):

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.

That’s also where we’ll make positive changes on energy and other big issues. The article cites good examples: coal plants, fracking and clean water. Progress on those issues is not happening in Congress. In state and regional arenas, it is.

For those of us who have worked there these last 40 years, the time for our earthbound experience, savvy and skills has arrived. It’s actually a great time to be in the environmental movement. We’re pleased to welcome national organizations to the action.

JOHN B. KASSEL
President
Conservation Law Foundation
Boston, Dec. 18, 2011

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.

Image courtesy of dsearls @ flickr. Creative Commons.

While the job of cleaning up New England’s power plants is not complete, we have made a good amount of progress: we have reduced emissions from the plants that are still running and are moving towards closure of some of the oldest, dirtiest and most obsolete plants, like the Salem Harbor Power Plant.

But as Ken Kimmell, the Commissioner of the Massachusetts Department of Environmental Protection, noted in this radio story, his department still has to advise people not to eat fish caught in streams and lakes: “The mercury levels in the fish are still too high for it to be safe to eat and that’s because we’re still receiving an awful lot of mercury from upwind power plants,” Kimmell says.  The Commissioner is making the essential point here – we are making progress here at home but if we want to truly end the threat of neurotoxic mercury in fish (and the other health effects of power plant pollution) we need to look towards national efforts.

The path forward is clear.  We need to maintain pressure on the sources of pollution here in our region, like the the Mount Tom power plant on the Connecticut River in Massachusetts, while making a strong, affirmative move towards clean energy resources like energy efficiency, wind power, solar, and smart electric storage.

Meanwhile we need for the federal government to stand firm and implement long overdue rules to reduce pollution from the power plants to our west.  The Mercury and Air Toxic Rules that EPA is releasing will prevent hundreds of thousands of illnesses (like asthma attacks) and up to 17,000 deaths each year.  The effect of these regulations will be overwhelmingly positive. For instance, every dollar spent on power plant emissions reductions yields $5 to $13 in health benefits.

We all deserve to breathe easier, our children deserve to be free from the dangerous neurotoxic effects of mercury in our air, and our communities deserve the reduced health care costs and increased job opportunities that will flow as we build a new clean energy economy.