An Update on Champlin’s Marina: CLF’s Longest-Running Active Litigation

Feb 15, 2013 by  | Bio |  Leave a Comment

In 2003, Champlin’s Marina filed its request with the Coastal Resources Management Council (CRMC) to expand its marina in Block Island’s Great Salt Pond. At 10 years (and still running), this is probably CLF’s longest-running active litigation. This post is written to apprise you of the latest developments in this continuing saga.

Background

You may recall that in January 2011, the full CRMC voted unanimously to deny Champlin’s a permit to expand its marina in the Great Salt Pond. Champlin’s appealed to the Superior Court, as it had a legal right to do. In the Superior Court, Champlin’s filed a brief raising a rather curious issue: Champlin’s claimed that it had suffered a violation of its Fourteenth Amendment equal protection rights – because CRMC had granted a permit for Payne’s Dock to expand, but had denied Champlin’s application to expand. The Superior Court decided that Champlin’s civil rights claim should be heard first in the CRMC (and then be heard again in the Superior Court). As a result, the Champlin’s case is now simultaneously in two different venues: Superior Court and CRMC!

February 12 Hearing

The most recent hearing before the CRMC was earlier this week , Tuesday, February 12. As usual for these Champlin’s hearings, there were quite a few island residents present to watch the proceedings.

At the start of the meeting, CRMC Chairwoman Anne M. Livingston addressed a motion by Champlin’s that she recuse herself from the case because she had spoken about the case to a former CRMC member last December at a social gathering. Livingston acknowledged that her comments had been “indiscreet” (her word). She said that she was confident that she could act impartially in the matter; but she said she would recuse herself “in an abundance of caution.” Livingston then left the hearing for the rest of the evening.

The main witness on February 12 was Kenneth W. Anderson, chief engineer for the CRMC. Anderson testified that he has worked on every marina application that has come before the CRMC over the last two decades, including both the Champlin’s and Payne’s Dock applications.

Anderson testified that the procedure that CRMC used for handling these two applications were exactly identical. In both cases CRMC analyzed the application in light of the controlling CRMC regulation in order to determine whether the (respective) application comported with the regulation. Anderson testified that there was a very simple reason that the Champlin’s application was rejected while the Payne’s application was approved: Champlin’s application violated the applicable regulation; Payne’s application did not. That is, the reason the two applications had different legal outcomes was because the law required different outcomes – not because of disparate treatment or prejudice.

More specifically, Anderson testified about four major differences between the two different applications:

  • CRMC regulations require all marinas in the state to make efficient use of existing facilities. Anderson testified that Payne’s makes efficient use of its existing space, but that Champlin’s is grossly inefficient. Thus, the regulation requires Champlin’s to make more efficient use of its present space before expansion can be allowed.
  • Payne’s proposed expansion did not impinge on existing mooring fields, but Champlin’s proposed expansion did impinge on existing mooring fields.
  • Payne’s proposed expansion would not have an adverse impact on safety of navigation though the Great Salt Pond, but Champlin’s proposed expansion would have an adverse impact on navigation safety.
  • Finally, the size and scope of the proposed expansions were vastly different: Champlin’s proposal was, in fact, ten times the size of the proposed expansion. In a small area like the Great Salt Pond, Anderson testified, this factor is of major importance.

What’s Ahead

The CRMC had hoped to finish the hearing on February 12, but it came nowhere close to that goal. Champlin’s lawyer, Bob Goldberg, did not even finish his cross-examination of Kenneth Anderson; there are also more witnesses on both sides yet to be heard. The next hearing date was scheduled for Tuesday, February 26, at 5:15 PM. (If you plan to attend, check the CRMC website for confirmation of meeting time and for details on meeting location.) After the hearing is over, the parties will be given time (probably six to eight weeks) to brief the equal-protection issue.

I remain very confident that the CRMC will advise the Superior Court that there was no violation of equal protection in the cases of Champlin’s Marina and Payne’s Dock. Simply put, the different CRMC decisions in the two different cases was a result of different facts in the two cases, not a result of prejudice or civil rights violations. That is, the reason that Champlin’s will not be able to prove that the differing CRMC decisions were a result of a civil rights violation is that there are no facts to support that argument.

When the case returns to Superior Court, Judge Kristin Rodgers will also have to rule on Champlin’s equal-protection claim. Based on the facts in the record, I am confident that she too will rule against Champlin’s.

After Superior Court, Champlin’s may attempt to appeal (yet again!) to the Rhode Island Supreme Court. Unfortunately, CLF’s longest-running active case shows no signs of ending any time soon.

Expensive Litigation

Champlin’s has shown just how lucrative it expects its proposed marina expansion into the Great Salt Pond to be. Champlin’s has no fewer than three lawyers on its side, and the case has already gone to the Rhode Island Supreme Court more than once. Litigating this case is, of course, expensive for CLF as well. We have been deeply grateful for your past financial support, because that support has enabled us to stay in this long fight. Please continue to support CLF’s Champlin’s litigation. You can do so here, on our website.

 

The Rhode Island Local Food Forum: Getting Food Policy Right in RI

Feb 12, 2013 by  | Bio |  Leave a Comment

Last week I attended the Ninth Annual Rhode Island Local Food Forum, organized by Farm Fresh Rhode Island. The forum’s theme was “Center of the Plate,” reflecting its focus on local protein production. Particularly enlightening was a panel discussion whose moderator, academic chef Bill Idell, posed questions that resonate across the region.  These questions ultimately boil down to two big ones: First, what does a sustainable food system look like? And second, how can we make one happen?

The panel’s meat experts – local guru Pat McNiff of Pat’s Pastured and Mel Coleman from national good-meat powerhouse Niman Ranch – agreed that sustainable meat means raising animals in their natural habitats (not concentrated feedlots) and in a way that feeds both animals and soil. The panelists also highlighted that sustainable food systems require local capacity because geographically concentrated animal operations are at risk from extreme weather: last summer’s drought, for example, “force[d] livestock producers to liquidate herds because feed [wa]s too expensive.” All this means that local meat is not just grown in a place, but it also grows that place by enriching both land (ecologically) and community (economically).

Building capacity for local meat is tough, however, when farmers have limited access to land. This is the case in Rhode Island. Not only is land itself expensive here (as throughout New England), but property and estate taxes can make it almost impossible to keep productive land in agricultural use when it is more valuable as land for development (and is assessed as such for tax purposes). We at CLF are looking closely at this issue.

Moving from the land to the sea, the discussion yielded different insights from the panel’s seafood experts.  “Eating with the Ecosystem” founder Sarah Schumann and seafood-aggregation specialist Jared Auerbach of Red’s Best noted that sustainability means something much different for seafood than for meat, because so many fish and shellfish stocks are wild. They agreed that a sustainable seafood system should be biodiverse – instead of a singleminded focus on cod, for example, a sustainable system would mean sending more fluke, skate, scup, and squid to market. Diversifying the types of seafood we typically eat would allow overfished stocks to recover, and would also contribute to the resiliency of ocean life in the face of climate change and ocean acidification. Furthermore, a sustainable seafood system would mean – to borrow from Sarah Schumann – eating with the (local) ecosystem. Seafood brought in to local ports is easy to trace and to verify species, boat size, and fishing method – factors that are federally regulated but relatively easy to lose track of as more steps are added to the supply chain. Encouraging demand for diverse seafood products, localizing seafood markets with robust tracing and verification systems, and streamlining state and federal fisheries regulations would all help foster local, sustainable seafood systems.

All four panelists, farmers and fishers alike, agreed on another point: we need local, sustainable food systems both to limit and to respond to harms wrought by carbon dioxide emissions. These emissions cause climate change, leading to droughts and other extreme weather that disrupts agriculture; these disruptions, in turn, require robust local systems to add resilience to the global food system. And carbon dioxide emissions also cause ocean acidification, which poses an immediate risk to shellfish and a long-term risk to all ocean life.

All this highlights the importance of CLF’s farm-and-food and climate-change programs. Our work shutting down coal-fired power plants and promoting renewable energy helps to limit emissions that threaten our current food system (not to mention our planet). And our farm-and-food program promotes local and regional food systems that provide a broad range of environmental benefits. As CLF’s newest staff attorney, I am excited to be joining these efforts here in Rhode Island. The Local Food Forum made it clear that there are many good ideas brewing here – we just need to do the work to get our food policy right.

High Price of Gas Drives Rhode Islanders to the Bus

Feb 6, 2013 by  | Bio |  Leave a Comment

Today, nearly 70% of all Rhode Island bus riders are going to and from work or school. That’s why having good public transit is so important to growing Rhode Island’s economy.

Gas is nearly $4 a gallon and, as a result, more Rhode Islanders than ever are taking the RIPTA bus. Meanwhile, many of Rhode Island’s bridges (maintained by DOT) are unsafe, and we all know what the pot-holes in our local streets are like.

In 2011, the Rhode Island General Assembly had a chance to address both sides of the transportation issue – RIPTA and DOT – with the “Transportation Investment and Debt Reduction Act.” The General Assembly did a good job back then with the first half of the problem, the DOT part. Now it’s time for the legislature to help RIPTA. The right way to do that is to pass H-5073, also known as the O’Grady Bill, for one of its chief sponsors, Rep. Jay O’Grady.

The Transportation Investment and Debt Reduction Act, passed two years ago, provides a stable and secure source of funding for the DOT without burdening Rhode Island taxpayers with huge debt-service obligations. In the past, Rhode Island floated a bond issue of $80 million every two years to raise the local matching funds needed to bring hundreds of millions of dollars of federal highway funds into the state. This constant borrowing was unsustainable, and was saddling our children with huge debt-service costs. According to the Rhode Island Secretary of State’s Voter Guide, Rhode Island tax payers are now obligated to repay $59.85 million in debt service alone (over and above principal repayment of $80 million) on just the 2010 bond. The Transportation Investment and Debt Reduction Act ensured that DOT would be able to get its matching funds without bonding and without more debt service.

That law is now saving Rhode Island tax-payers tens of millions of dollars over the life of those bonds. That’s a lot of money, especially when the economy is in tough shape.

But transportation is more than just roads and bridges. With gas at almost $4 a gallon, RIPTA ridership is at an all-time high. The O’Grady Bill provides much-needed sustainable funding to RIPTA. With those funds, RIPTA will be able to maintain existing service, put more busses on the busiest routes, increase the number of commuter Park-and-Rides, build more bus shelters at stops, and create new hubs for faster transfers and connections.

Today, nearly 70% of all Rhode Island bus riders are going to and from work or school. That’s why having good public transit is so important to growing Rhode Island’s economy – and why the business community supports the O’Grady Bill.

Other people use to bus to get to medical appointments and doctor’s visits. Having good public transit is linked to cleaner air. That’s why Rhode Island health organizations, including the American Lung Association in Rhode Island (and others), are supporting the O’Grady Bill.

The O’Grady Bill also provides additional funds for DOT’s construction projects. That’s why the unions are supporting the O’Grady Bill.

By providing additional funds for public transit, the O’Grady Bill will help reduce carbon emissions from the transportation sector. That’s why environmental organizations like CLF are supporting the O’Grady Bill.

In fact, when the O’Grady Bill was heard last year in the House Finance Committee, dozens of people spoke in favor of it – from business and labor, from community groups and environmental groups. There are not many bills that have such widespread support. Not one person spoke against the bill.

The General Assembly did not pass the O’Grady Bill last year. It should pass it this year. The O’Grady Bill will help us grow the economy, and will help all Rhode Islanders. That’s why it has garnered such wide support.

 

Going Above and Beyond: Deepwater Wind Adjusts Offshore Wind Construction Schedule to Protect Right Whales

Feb 5, 2013 by  | Bio |  Leave a Comment

After extensive discussions with CLF, Deepwater Wind has agreed to voluntarily adjust its planned construction period to minimize potential impacts to migrating North Atlantic Right Whales -- like this breaching beauty here.

Deepwater Wind is taking exciting new steps to build on last month’s historic agreement to protect critically endangered right whales while developing offshore wind projects. The offshore wind developer, expected to begin construction on the proposed Block Island Wind Farm in 2014 or 2015, has announced an agreement to voluntarily adjust its planned construction period to minimize potential impacts to migrating North Atlantic right whales. This announcement follows extensive discussions with CLF, and shows a willingness to go above and beyond to protect North Atlantic right whales in the pursuit of renewable energy.

In order to fasten the five proposed turbine steel foundations into the steel floor, the developer must undergo pile driving, a process of hammering steel pipes up to 250 ft into the ocean floor. This stage of production could potentially harm migrating right whales, which have been documented feeding in Rhode Island Sound throughout the month of April. Deepwater Wind has adjusted its construction schedule accordingly, deciding that no pile driving will occur before May 1 of the project’s construction year.

Deepwater Wind’s decision to alter its construction schedule for the Block Island Wind project follows another agreement to adopt protections for endangered right whales in federal waters. A first-of-its kind coalition of offshore wind developers and environmental organizations agreed to adopt voluntary measures to protect right whales while expediting responsible offshore wind development. This historic agreement sets out measures that developers will voluntarily implement over the next four years in the Mid-Atlantic Wind Energy Areas stretching from New Jersey to Virginia. In it, key ocean stakeholders have shown great leadership in setting a model for future coalitions, and they have demonstrated a commitment to developing clean energy projects while protecting critically endangered species.

Distributed Generation Standard Contracts Act: A Success in Three Parts

Dec 13, 2012 by  | Bio |  Leave a Comment

On June 26, 2011, Governor Chafee signed into law the “Distributed Generation Standard Contracts Act.”  The bill had passed both houses of the General Assembly unanimously. The “distributed generation” in the title of the law refers to small, local renewable energy projects.

The new law was designed to do three things: (1) increase the number of small renewable energy projects that are built in Rhode Island; by (2) making it easier, quicker, and cheaper for developers of these projects to get contracts to sell their electricity to Rhode Island’s dominant utility, National Grid; and (3) get those renewable energy projects distributed into more of Rhode Island’s cities and towns.

Not every law passed by the General Assembly works out the way it was meant to, but the Distributed Generation Standard Contracts Act has been phenomenally successful in accomplishing each of its three goals.

Previous renewable energy laws in Rhode Island have worked the way they were intended: to get National Grid to buy more and more of its electricity each year from clean, renewable energy sources. But Rhode Island’s previous renewable energy laws also had a significant flaw: they worked very well for big projects, like Deepwater Wind’s proposed offshore wind farm, but they worked less well for small projects (like a town that wants to set up a single wind turbine at its town hall, as Portsmouth did). That is because under the prior laws, developers would have to hire a small army of lawyers to negotiate an excruciatingly long, detailed contract with Grid, setting forth everything from the price of the electricity to delivery schedule. (For example, the contract that Deepwater filed with the Public Utilities Commission on December 10, 2009 ran 62 pages in length!)  Hiring lawyers to negotiate a 62-page contract was just too time-consuming and expensive for a developer who had a small project.

The new law fixed that problem. As the name of the law suggests, it provided for a “standard contract” for developers of small projects. The standard contract was short, written in plain English, and easy to understand. In addition, the law provided for a standard price to be paid, and established a mechanism for setting a fair price for each different type of project – wind, solar, and so forth. These prices were designed to be high enough to get projects actually built, but low enough to protect electricity rate-payers.

And that is exactly how the new law has worked. In the 15 months since the bill was signed into law, National Grid has held three separate sign-up periods. To date, 18 separate projects have been signed up.  Each of these 18 separate projects will be built right here in Rhode Island. Thus, Rhode Islanders will directly enjoy the environmental and economic-development benefits of these projects. The main purpose of the new law, to get more local renewable energy projects built, has been accomplished – in spades.

The developer of each of these 18 projects got a simple, standard contract to sign, and will receive a set price for the electricity produced.  Thus, another one of the law’s purposes has been accomplished.

The projects themselves are located in Providence, East Providence, Portsmouth, Lincoln, Westerly, Bristol, West Greenwich, East Greenwich, Hopkinton, Middletown, Cumberland, North Kingstown, North Smithfield, and West Warwick.  This geographical distribution of new renewable energy projects was a third purpose of the law.

Rhode Island’s new Distributed Generation Standard Contracts Act has been so successful that it is becoming a model for the rest of the country. Renewable energy advocates in New York and Iowa are hoping to replicate the Rhode Island law in their states. The California Public Utilities Commission has circulated the Rhode Island law to its in-house legal staff. A group of Oregon legislators is poised to introduce a bill in the coming legislative session modeled after the successful Rhode Island law.

The Distributed Generation Standard Contracts Act is a classic win-win. It addresses the problem of climate change by reducing the carbon emissions that cause climate change. And it helps the Rhode Island economy by facilitating local development of renewable energy projects.

This is a law that Rhode Islanders can be proud of. Its enactment reflects well on our legislators (who passed it unanimously) and on Governor Chafee (who signed it into law). The law has been administered carefully and diligently by our Office of Energy Resources. And National Grid, which receives an economic incentive when projects start producing power, has worked conscientiously with developers to help developers succeed.

The Pursuit of Clean, Renewable Energy: The “North Atlantic” Right Way

Dec 12, 2012 by  | Bio |  5 Comment »

Yesterday, the North Atlantic right whale was only an historical symbol of one consequence associated with the relentless and unsustainable pursuit of energy.  Today, it is also a new symbol of renewable energy done the right way.  The agreement CLF is announcing today reflects support for the pursuit of renewable energy and also demonstrates that real leadership to change how we pursue energy can come from industry itself.

The pursuit of cheap energy from the 17th century forward hasn’t exactly been what one would call sustainable. From the time the first right whale was killed for its oil to today’s efforts to take and refine oil from the Canadian tar sands, our industries have drawn down limited resources with little regard for the environmental consequences. In fact, the right whale stands as a particularly distressing symbol of our history of exploitation.

The North Atlantic right whale was so-named because it was considered by whalers to be the “right” whale to kill. It was slow, swam close to shore, and was easy to harvest – accommodatingly floating to the surface with a head full of oil after it has been killed. Between the 17th and 19th centuries, the North Atlantic right whale, an animal that according to Herman Melville’s 1851 reflections in Moby Dick “would yield you some 500 gallons of oil or more” in just its lip and tongue, was hunted to the brink of extinction. The relentless pursuit of this limited resource in such an unsustainable way is the reason that today the North Atlantic right whale is considered critically endangered, with fewer than 500 animals remaining.

Despite the right whale’s lesson, our reliance on oil continues. According to the United States Energy Information Administration, the United States consumed a total of 6.87 billion barrels (18.83 million barrels per day) in 2011. Our reliance on exhaustible, limited fossil-fuel resources is causing climate change and setting into motion a series of unavoidable consequences, but still we drill for oil – albeit no longer in the head of a whale.

So while today’s landmark North Atlantic right whale agreement is a collection of voluntary measures designed to provide further protections for the North Atlantic right whale, primarily by reducing or avoiding sound impacts from exploratory activities that developers use to determine where to build wind farms, it is also so much more than that.

The offshore wind developers party to this agreement – Deepwater Wind, NRG Bluewater, and Energy Management, Inc. (owner of Cape Wind) – are willing to go above and beyond because they recognized that more could be done to protect North Atlantic right whales in the pursuit of energy. These developers’ willingness, and indeed enthusiasm, for protecting the whales reflects a new way of thinking – a 180-degree turnaround from the way other companies viewed energy generation over the last century and a half.  Instead of treating the natural world as an adversary to be exploited and consumed, these companies recognize that we can accommodate natural systems (like the whales’ migratory patterns and feeding grounds), that we can avoid extracting limited resources, that we don’t have to burn fuels that exacerbate climate change, and that we can still produce the energy to fuel modern society. Now that’s the right way.

What the Election Means for New England’s, America’s Environmental Agenda

Nov 13, 2012 by  | Bio |  1 Comment »

On Tuesday, Americans across New England joined their countrymen in casting their votes. As the results have become clear, one thing has become clear with it: It was a good night for science and for clean energy.

Maine, for instance, elected former wind developer Angus King as its new Senator, who ran with an ad dedicated to the need to address climate change and support sustainable energy. (Watch that ad here.) Meanwhile changes in both houses of Maine’s legislature are likely to dampen Governor LePage’s unpredictable but largely obstructionist posture. The same is true in Massachusetts, which elected Elizabeth Warren, a strong supporter for renewable energy and climate change mitigation. New Hampshire and Vermont also saw the pendulum swung strongly in a way that is likely to advance much needed efforts to protect the health of their environment and communities. Rhode Island seems to be the only state that has kept its status quo. (For full perspectives on each state, click here.)

In the end, New Englanders voted for a strong environmental agenda, and for candidates who shared that support. These local trends also broadly echo national voting trends. Obama, for instance, was strongly supported by Latino voters. A landmark 2012 study showed that 92% of Latino voters believe we have a responsibility to take care of the earth. The pro-environment agenda endorsed by Obama no doubt contributed to his support.

In reelecting Barack Obama, Americans also voted for an administration that has made science-friendly appointments to science positions, that has a high degree of scientific accomplishment, and that has been very supportive of science education and research.  And while the President was disappointingly silent about climate change and clean energy policy during the campaign, his administration’s pro-health and pro-environment actions to reduce toxic air pollution and to improve automobile  fuel economy standards no doubt resonated with voters nationally.

While there were many issues on the ballot, here in New England and across the country, there are also some very simple lessons from this election. The voters said a few things:

Yes, we believe in science.

Yes, we believe climate change is happening.

Yes, we need more sources of sustainable energy.

Yes, we want candidates who move us away from the dirty energy of the past to a more prosperous future.

And no, dirty energy, you cannot buy my vote.

Despite historic spending, the money spent by the dirty energy industry to try to buy this election didn’t seem to have much effect. In the end, clean energy and science were big winners.

New England cemented its reputation on Tuesday as a bastion of progressive environmental politics. Voters across our region want action on climate change, they want to advance clean energy, and they want to strengthen their communities.

It is my sincere hope that the elected officials in each state listen to their voters and make progress on these issues. It is also my sincere belief that we will be stronger as a movement if we work together across our New England: while some of our issues are local and some cry out for national leadership, many are regional in nature and can most effectively be addressed at the regional scale.

And then there’s the pragmatic reality that visionary leadership from Washington is very unlikely at this politically fractious time. But with New England’s leaders – of all political stripes – largely sharing a common vision for an economically, socially and environmentally thriving region, we can and must chart our own course right here. To succeed, we need to work together. When New England works together, we have shown that we can.

Averting the Climate Disaster Will Require Science and Courage, Not Politics

Nov 8, 2012 by  | Bio |  2 Comment »

On September 26, 2012 I posted a blog called Thune For Thought, in which I wrote:

“At 2 a.m. on September 22, 2012, the United States Senate voted by unanimous consent that   U.S. airlines could choose to ignore the European Union’s requirement that all airplanes landing in the EU reduce their carbon pollution that is causing global warming. Either climate change is happening or it isn’t. But, once you look at the data, once you subscribe to the opinion that it is happening, you have an affirmative obligation to take all reasonable steps to responsibly address the problem. I understand that this is election season, and some of the Senate races are tight, and airlines can be powerful lobbyists, but, it is 2012 and an anti-climate emissions control bill is passing via unanimous consent in the United States Senate? Either climate change is really happening or it isn’t.”

Our climate champions across the nation abandoned their science-based advocacy about the reality of climate change and the extreme price tag that comes with our collective failure to act. They abandoned that advocacy immediately prior to the election, and disappointingly, during the election. They abandoned that advocacy even in the aftermath of the one-two punch of Super Storm Sandy and Nor’easter Athena.

Not a single elected official in Rhode Island, from the Governor to the delegation, has uttered the words climate change in any of these contexts.

After the November 6, 2012 election, nothing much has changed in Rhode Island or for the country in terms of political representation. Our delegation in Rhode Island remained the same: Reed, Whitehouse, Langevin, and Cicciline; our Governor remained the same: Chafee; our President: the same; and, the balance of power in the U.S. Senate and the House of Representatives remained the same: blue majority in the Senate, red majority in the House.

The take home message is simple: Averting the climate disaster can’t be about party politics. We all lose if that is where the battle lines are drawn on the single most important issue facing our country. Averting the climate disaster requires science and the courage to act on it.

Dear President Obama, start acting on climate change.
Dear Senator Reed, start acting on climate change.
Dear Senator Whitehouse, start acting on climate change.
Dear Representative Langevin, start acting on climate change.
Dear Representative Cicciline, start acting on climate change.
Dear Governor Chafee, start acting on climate change.
Dear Rhode Island House and Senate Leaders, start acting on climate change.

We need science and courage, not politics.

Memo to the President Elect: We Need Your Leadership on Climate Change

Nov 6, 2012 by  | Bio |  1 Comment »

Memorandum

To: The President Elect
From: John Kassel, President of CLF
Date: November 6, 2012, 11:30 a.m.

First, let me offer my sincere congratulations. Whichever candidate you are, you have won a hard fought victory. Well done.

With your victory comes the responsibility to lead this country safely through the most critical issues of our day. Judging by your campaign I am afraid that is something you have already shown you will not do.

During the campaign, you were largely silent on climate change. During each one of the debates, for instance, none of the moderators asked a question – and you didn’t push the issue to the fore. When asked about the economy, you didn’t say that not addressing climate change presents the single largest risk of market failure ever seen. When asked about foreign policy, you didn’t echo the Pentagon and others in identifying climate change as a threat to our national security. And when asked about domestic policy, you didn’t identify climate change as endangering our communities, our economies and our future generations.

Not once did you identify climate change during these debates. In a year of record-breaking temperatures, drought in the West, and Arctic ice melt, this is disappointing. It is as though, in a rare moment of bipartisanship, you and your opponent tried to will this problem away through silence.

It took Sandy to shake out of you a direct response to climate change. Sandy reminded us of many things: about the need for preparation, about the human and economic price that nature will extract, suddenly and mercilessly, and about the suddenness of slow change once it is upon you.

Up until Hurricane Sandy, climate change was the elephant in the room. Now, we are trying to figure out how to clean up after the elephant. It is a devastating experience and heart-rending sight – one that should compel action, and has among some of your peers.

Last week, Mayor Michael Bloomberg wrote, “Our climate is changing. And while the increase in extreme weather we have experienced in New York City and around the world may or may not be the result of it, the risk that it may be — given the devastation it is wreaking — should be enough to compel all elected leaders to take immediate action.” I couldn’t agree more.

Climate change is not just a global issue, but an American issue, as it threatens all Americans – the 99 percent and the 1 percent, liberals and conservatives, voters and nonvoters. It also threatens all New Englanders, from all walks of life: white or black, young or old, red or blue.

Slow devastation at the hands of predictable and largely preventable causes does not advance the interest of your electorate, Mister President Elect. But your continued silence will only guarantee just that.

It is your responsibility, Mister President Elect, to not only protect and safeguard the citizens of the United States, but to lead them to prosperity. We need you to lead on climate change. We need you lead on this issue – now, more than ever.

My sincere congratulations again. We eagerly await your leadership.

Sincerely,

John Kassel
President of Conservation Law Foundation (CLF)

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