Champlin’s Marina may be CLF’s oldest active case. Originally filed in 2003, the case has been to the Supreme Court (more than once), Superior Court (more than once), and the Coastal Resources Management Council (CRMC) (more than once).

The most recent hearing before CRMC was Tuesday evening, July 31, 2012. Here is how this came about.

In January 2011, the full CRMC voted unanimously to deny Champlin’s a permit to expand its marina in Block Island’s 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 curious issue: Champlin’s claimed that it had suffered a violation of its equal protection rights because CRMC had granted a permit for Payne’s Dock to expand, but had denied Champlin’s application to expand.

In the Superior Court, CLF argued that, for two different reasons, Champlin’s should not be permitted to make this argument:

• As a strictly procedural matter, Champlin’s had not included this argument in its Complaint; and court rules usually prohibit arguing issues not presented in the Complaint.

• As a substantive matter Champlin’s had already presented its equal protection argument in court and had had the argument dismissed; raising the same losing argument again was frivolous and abusive.

You can see CLF’s Superior Court brief on this subject here.

The Superior Court Judge ruled that Champlin’s could at least try to present its equal-protection argument, but that Champlin’s had to do so first in the CRMC. So the Judge sent the case back to the CRMC. That is how we got to the CRMC on July 31.

The hearing was long and contentious. Champlin’s lawyer tried repeatedly to put improper matters into the record. Objections to Champlin’s improper actions were made by lawyers on our side, and those objections were sustained by the CRMC. Evidently deeply frustrated, Champlin’s lawyer lost his temper and became insulting toward members of the CRMC.

At the close of the hearing, it was clear that Champlin’s would not be successful in its efforts to have the CRMC rule that Champlin’s had suffered unequal treatment at the hands of the CRMC.  This is true for at least two different reasons:

• As a matter of fact and of law, Champlin’s did not suffer any equal protection violation.  While it is true that CRMC approved Payne’s permit to expand its marina and denied Champlin’s application, the two situations were entirely different.  Payne’s marina is at a different location than Champlin’s; Payne’s is a different size; Payne’s presents different environmental impacts and different navigational challenges than Champlin’s; and Payne’s expansion does not impinge on other mooring fields as Champlin’s did. That is, the CRMC treated the Payne’s application differently than it treated the Champlin’s application because it was different – not because of improper bias.

• As a practical matter, Champlin’s lawyer only alienated and offended CRMC members with his rudeness. Shouting at CRMC members and interrupting them when they speak is not conduct likely to persuade skeptics of your position.

The next step in the process is that the parties will file written briefs. Champlin’s will try to persuade the CRMC that it (Champlin’s) was a victim of bias. This will be difficult for Champlin’s to do, because there is not a shred or scintilla of evidence of bias in the record. Objectors will argue that there is no evidence of bias. Briefing will take until mid-autumn. After the CRMC opines on whether or not Champlin’s was a victim of bias, the case will return to Superior Court, probably early in 2013.

The story of renewable energy development in the United States has included many important moments in which the states have provided leadership – most notably through fostering the shaping and building of new markets for renewable energy markets through programs like Renewable Energy Standards (also known “Renewable Portfolio Standards”).  These efforts have been of great value to the states who put them in place and have complemented and reinforced the incentives and programs to build up renewable energy resources like wind and solar by the Federal Government.

We are at a critical moment in the history of renewable energy development.  The collapse of coherent federal renewable energy policy, due to congressional inaction, in the form of failed attempts to put in place a Renewable Energy Standard and renew the Production Tax Credit, has created a greater need for state action – especially when clean renewable energy is an essential puzzle piece in solving the fundamental climate crisis that we face.

An interesting new element in this story is the quest by the New England States, working through a variety of vehicles, to develop a new “regional procurement” strategy that will allow the states to minimize the cost and maximize the benefits of renewable energy development for the region. This idea, also being discussed by leading scholars, could be a way to move forward smart and effective energy and climate policy, producing great value for a very reasonable investment.

This is far from a theoretical question.  Last year, in July 2011, the New England Governors directed their staff and the New England States Committee on Electricity who work with that staff, to continue to develop and build a mechanism for regional procurement. On July 29-30, 2012 the Governors meet again in Burlington Vermont and will hear a report on how that work has gone.  Will they take the critical step of moving beyond study and consideration of this idea and take action?

Right whale skim feeding off Provincetown, MA. Photo: Brian Skerry

Shipping lanes in and around San Francisco Bay are being changed to protect the many whales that feed in its krill-rich waters. Blue whales, fin whales, and humpbacks will all benefit from the changes. This action took two years of collaboration, data-sharing, and negotiating among the shipping industry, government agencies, and environmental groups. This, in a nutshell, is the regional ocean planning process.

Why does this matter to a New England conservation group? Well, besides the fact that everybody loves a happy ending, New England has been a leader in this type of effort for many years now.

If there is one dramatic example of the need to coordinate our activities in New England’s ocean it is the tale of our beloved but extremely endangered North Atlantic right whales and the shipping traffic that was threatening their recovery.

Right whales love our productive Gulf of Maine waters – they find an abundance of their favorite krill and copepods that teem in our coastal areas. People are keeping a close eye on these urban whales, since there may be fewer than 500 of them left on the planet. This careful watching was why we knew that shipping traffic in and out of Boston Harbor was causing big problems for the right whales. In short – right whales are shallow feeders, making them highly vulnerable to fatal ship strikes. And each whale matters in such a small population.

Stellwagen Bank National Marine Sanctuary staff decided to take action to protect the right whales in a bold and unprecedented way. Using 25 years’ worth of whale sighting and state of the art acoustic research Stellwagen Bank officials discovered that the shipping lanes through the Sanctuary also contained the highest concentration of whales, resulting in too often fatal collisions. In a process that took three years and involved collaboration with the Port of Boston, researchers with Woods Hole Oceanographic Institution, Cornell Bioacoustic Research Program, and a Texas-based energy company that relies on shipping in and out of the harbor – high quality data on the movements of whales in and around the Sanctuary was mapped and compared with shipping traffic in and out of Boston Harbor.

As a result, in 2007 the Sanctuary slightly altered the shipping lanes – reducing whale strikes by 81 percent.

This wouldn’t have happened without scientists, conservationists, local officials, federal agencies and private industry deciding to work together.

To ensure continuing whale protection there are buoys “listening” for right whales throughout the bay, and there’s even an app for ship captains so they can receive whale location updates on their cell phones – alerting them to slow down or avoid certain areas. A lot of people came together to create an innovative solution to this complicated problem by using the principles of regional ocean planning. Everyone who had a stake in the process had a seat at the table.

This type of coordination is the heart of regional ocean planning. It’s simply about making sure everyone has a say in what in happens in our busy waters, including those of us who value protecting wildlife and natural habitats. As we have more happening in the Gulf of Maine, more ships, more whales, more renewable energy development, we need to be careful to organize these activities in a way that also protects existing commercial and recreational uses.

The pioneering Massachusetts and Rhode Island state ocean use plans are serving as the building blocks of New England’s regional ocean plan for federal waters. CLF is at the vanguard of ocean planning, innovating in New England what has become a national policy initiative intended to improve stewardship of vulnerable marine wildlife and habitats with responsible ocean uses.

CLF is pushing the ISO-NE to fully and properly account for all of the valuable energy-efficiency programs that the six New England states are already operating.

Energy efficiency is the cleanest and cheapest way for New England to meet its energy needs. We can save money and create jobs while reducing the greenhouse gas emissions that cause climate change. To learn more about what CLF is doing to promote energy efficiency, click here.

“ISO-NE” stands for Independent System Operator-New England; this is the organization of engineers and technical experts that runs New England’s electricity grid. To learn more about CLF’s work with ISO-NE, click here.

Together, the six New England states are spending hundreds of millions of dollars on energy efficiency programs. In 2011, the ISO created an “Energy Efficiency Forecast Working Group” to forecast how much energy efficiency was actually going to get bought for all that money. CLF has been participating in this ISO-NE Working Group since its inception.

The first report of this Working Group, published in April 2012, was very exciting, because it predicted that more than 100% of projected electricity load increases for New England over the next three years could and would be achieved  through energy efficiency, not from new generating plants. This is good news for the environment because it means lower levels of greenhouse gas emissions. At the same time, CLF thought that there were some mistakes in the forecast, mainly from under-counting the energy efficiency expenditures of those states (Massachusetts and Rhode Island) that had made the most enthusiastic commitments to energy efficiency.

On July 11, 2012, CLF sent a letter to the ISO-NE’s Energy Efficiency Forecast Working Group, urging it not to repeat those same under-counting mistakes in its work on the 2013 energy efficiency forecast. You can see the full text of CLF’s letter, here.

Ultimately, energy efficiency is paid for by electricity customers. In order for ratepayers to get all they efficiency they are paying for, the ISO-NE needs to count all the money that is being spent.

If CLF’s recommendations are adopted by the Working Group, it will benefit ratepayers by reducing electricity bills; and it will benefit the environment by reducing greenhouse gas emissions. It’s a classic win-win!

Urban agriculture holds great promise for Boston.

This post was coauthored by Melissa Hoffer & Jo Anne Shatkin.

We are excited to share with you the news that today CLF and CLF Ventures released a report that, for the first time, details the economic development potential for urban agriculture in Greater Boston, assesses its environmental and health co-benefits, and examines current market and policy barriers to expanded food production in Greater Boston. The report‘s findings confirm that urban agriculture can play an important role in creating a more livable, carbon resilient, healthier, economically vibrant, and environmentally sustainable city—if we put smart policies in place and encourage market development for Boston grown foods.

Download a free copy of the report here: http://clf.org/growing-green/

The City of Boston has taken important steps over the past two years to advance urban agriculture, and new businesses are taking root, including City Growers, a Mattapan-based farming business that is featured in this report. There is a palpable sense of excitement about the potential of this new urban vision for agriculture for communities; possibilities abound. But CLF and CLF Ventures believe it is more than possible— it is a necessity, and an urgent one at that as we face the challenges of climate change, an obesity epidemic, lack of availability of healthy foods in many communities, and a fragile economy.

The report found that converting as few as 50 acres of vacant or underutilized land around Boston into agricultural production would spur job creation, improve access to healthy, local, fresh food, and reduce environmental harms. Key findings of the report include:

• Land is available. 50 acres – an area the size of Boston Common – is a small portion of the vacant or underutilized land available in Boston.
• Urban farms would stimulate the economy by creating jobs. 50 acres of urban agriculture in Boston will likely generate at least 130 direct farming jobs and may generate over 200 jobs depending on actual business characteristics and revenue.
• Healthy, local and affordable food. 50 acres in agricultural production would provide enough fresh produce to feed over 3,600 people over a six-month retail season. If the produce is used to prepare healthy school lunches in Boston Public Schools, 50 acres could provide more than one serving of fresh produce for each lunch served to a student eligible for free or reduced school lunch over a six month period. If 800 acres of potentially available City-owned land were put into agricultural production, the food needs of approximately 10 percent of Boston’s total population could be fully satisfied during a six-month retail season.
• Significant environmental impacts. Urban agriculture in Boston will result in a net reduction of greenhouse gas (GHG) emissions. 50 acres of properly managed soils would sequester about 114 tons of cabon dioxide (CO2) per year and may result in an additional CO2 reduction of up to 4,700 tons per year.
• Community adaptation. No less than 6,000 new temperature records were set during the recent March 2012 heat wave, and more than 40,000 have been set for the year-to-date. Meanwhile, the July 2011-June 2012 period was the warmest 12-month period of any 12-months on record for the contiguous U.S., with the first half of 2012 being the hottest ever recorded. The International Energy Agency’s recent projection of a 10.8 degree F temperature increase over pre-industrial levels by the end of this century underscores the fact that a more decentralized food system will be necessary to enable our communities to better adapt to changing climate conditions, including the impacts of more frequent severe weather. Urban agriculture is a part of this solution.

As Jo Anne said in the press release announcing Growing Green, it’s clear that even 50 acres of sustainable agriculture on available land would be an economic stimulus and environmental resource for Boston. While we focused on a 50 acre test scenario, these conclusions are scalable across New England. Imagine how vibrant New England would be like with a robust and sustainable regional food system.

In addition to the potential benefits, the report also considers the policy and market barriers to fully realizing the potential of urban agriculture, examining the ways in which promoting urban agriculture will require city and state involvement and key needs for such involvement. Such barriers include the need for policies that provide affordable access to land, one of the key market barriers for both new and experienced farmers; strategies to reduce the risks associated with the Commonwealth’s hazardous material cleanup law; improved access to high quality compost; and better financing options to overcoming prohibitive capital and operating costs, amongst other findings.

Our ongoing work seeks to link urban agriculture to the larger regional food system, and focuses on how to overcome some of the barriers we have identified.

Boston is ideally positioned to play a lead role in coordinating with the Massachusetts Food Policy Council, other New England states, and cities around the region to build a vision for a New England regional food system and make it happen. Boston is emerging as a national leader in urban agriculture innovation, and can be a voice for the benefits of urban agriculture and as one of the region’s largest consumers, help to build the market for regionally grown food.

For more resources on this topic:

Find a copy of the report here: www.clf.org/growing-green/
Find an infographic detailing the report here: http://bit.ly/clfgrowinggreen
To read more about CLF’s Farm & Food Initiative, click here: http://www.clf.org/our-work/healthy-communities/food-and-farm-initiative/

Last week the development of wind energy offshore Rhode Island and Massachusetts moved one step closer with the publication of an environmental assessment (EA) by the Department of the Interior, Bureau of Ocean Management (BOEM) regarding commercial wind lease issuance and site assessment activities on the Outer Continental Shelf (OCS). The purpose of the EA is to determine whether or not issuance of leases and approval of site assessment plans within a designated area offshore Rhode Island and Massachusetts would lead to reasonably foreseeable and significant impacts on the environment. The EA is available online here.

BOEM will accept public comments on the EA and then will determine whether or not to issue a finding of No Significant Impact or conduct additional analysis under NEPA. The deadline for public comments is August 2.  CLF is reviewing the 379-page EA, with a particular focus on the impact to sensitive marine habitats, fish populations and fishing activities, water quality, and marine mammals – particularly the endangered right whale – and sea turtles. CLF will submit comments. CLF believes that offshore wind deployment is a critical clean energy supply resource which must be deployed expeditiously and in significant quantities, in a manner that protects ocean wildlife and sensitive seafloor habitats.

BOEM is hosting two public information sessions to provide an overview of the EA and the next steps in the leasing process. At these sessions, BOEM will accept comments and address questions, so CLF encourages interested members to attend.

Public Information Sessions:

Monday, July 16, 2012, 7:00 p.m.
University of Rhode Island
Coastal Institute – Hazard’s Room
218 South Ferry Road
Narragansett, Rhode Island 02874

Tuesday, July 17, 2012, 7:00 p.m.
Fairfield Inn & Suites
185 MacArthur Drive
New Bedford, Massachusetts 02740

This week, along with millions of Americans, I will cheer at a parade, join a BBQ, and watch fireworks. I will do this with my family, in a familiar place, with familiar faces, and celebrate this most American of holidays.

July 4th has always meant a great deal to me, first as an American boy growing up, and now as an American environmentalist. It is a great holiday because it is a holiday that makes us proud of what we’ve accomplished. Independence. Self reliance. Prosperity.

These values are often associated with places: when we think of America, we think of the icons of America. Yellowstone. Zion. And New England’s very own Acadia National Park. As Americans, preserving these natural treasures is among our proudest accomplishments. Our oceans should be no different. Here, in the Gulf of Maine, we have George’s Bank, Stellwagen Bank, and Cashes Ledge – a spectacular undersea mountain range – where you find steep canyons, deep kelp forests, and vibrant, charismatic marine life. Their beauty and majesty are breathtaking.

Why, then, do these special ocean places not stir us like our special places on land? I believe it’s because  we don’t see them. We don’t think of our underwater treasures as icons of America because we can’t light up our grill next to a kelp forest and watch seals swim by, like we can an eagle flying over head.

There can be no doubt that our oceans are national treasures. To help raise awareness – and to literally raise these places out of the sea and into our living rooms and offices – we have launched the New England Ocean Odyssey with National Geographic photographer Brian Skerry. The photos from this first-of-its-kind journey will show just how magnificent, and how fragile, the ocean can be. Indeed, they already have. This early collection of photos from Brian is only the beginning.

The photo of a sea star, featured above, is a bright burst of color against a dark backdrop – a firework against a night sky. The seal is part friend, part pastor, welcoming you and praying at the same time. And the image of the right whale bursts with strength. It swells with American pride.

Just as there is no doubt that our oceans are treasures, so too is there no doubt that they are being damaged. Bottom trawlers damage huge swaths of the ocean floor with their heavy chains, doors and dredges, likened by some scientists to a bulldozer scraping the delicate floor of a pristine forest. New England’s oceans are rising much faster than predicted. They are also becoming more acidic from harmful greenhouse gas emissions. Recent record increases in precipitation may even be fundamentally altering plankton production, jeopardizing the very productivity of our marine web of life.

As you celebrate Independence Day this week, and think about America’s independence, think about what makes us proud to be Americans. Think about the pride we take in our National Parks, and the foresight we had to protect them and so many other treasured landscapes. And think about how much we depend on, but how little protection we give to, our oceans.

In our increasingly interdependent world, that is pushing the limits of our ecosystems, certain renewed forms of independence would be a good thing.

Independence from fossil fuels.

Independence from unhealthy food and transportation systems.

Independence from water-polluting infrastructure of all types.

The natural independence – and security – for our children and grandchildren, that flow from creating a truly sustainable future.

And independence that comes with the pride of protecting America’s natural resources – on land and under our shining sea.

Llike so many of us, I love New England’s ocean treasures. This July 4th, stand with CLF in remembering and protecting them, so our children and grandchildren can love them too.

Last week I stood in front of a group of young, energetic and extremely well qualified people and welcomed them as CLF’s 2012 summer interns – an act being repeated thousands of times around the country this summer. As I looked across the room at this highly talented group of young people, two thoughts occurred to me: among them are our future leaders, and our movement – the environmental movement – will be very different when they are standing in my position, welcoming interns to their organizations in the years ahead.

The movement certainly was different when I joined it, 35 years ago, as an intern with the Sierra Club. Working out of their DC office, I worked on issues related to Native Americans in Alaska. At the time, when the American environmental movement was still young, our issues were advanced primarily by litigation, by males, and by people who were predominantly well educated and white. That, thankfully, is no longer true.

Looking into the faces of our interns, I saw not just lawyers but city planners, economists and biologists. I saw people from all over the country, and people from all walks of life. Their toolbox is larger and more refined, their network larger and more informed than ours was 35 years ago. Looking around the room, at the new members of CLF’s family, I thought: some of these people will change the world. Of that I am convinced.

I also have little doubt that our movement will continue to change, as it has during my lifetime. In talking to these interns, I wondered: what advice could I give them, and people like them at other environmental organizations across the country? What advice could I give to young people hoping to enter the movement? I have three suggestions.

**

Be aggressive. Be creative.

Many people are hired as interns for specific projects that match their interests and the needs of the organization. This is a good thing, certainly. But it has been my observation that people often find their calling – where their skills and their passion combine with their work – when they least expect it. A career is often made not of straight lines, but of surprise turns that, once taken, are committed to.

Be aggressive in pursuing that which interests you. So long as you get your assigned work done, everyone will benefit from you going the extra mile and pursuing your interests.

Let it change. Help us grow.

Just like any movement, our movement needs to change so as to remain effective and fresh. Innovation and change occur because people have new ideas, and new people join the movement.

We have been successful as a movement, but the challenges facing us remain systemic and, at times, daunting. We need change; we should welcome and encourage innovation.

How do you do this as an intern? Become an advocate. Recruit your friends. Don’t settle for a system you think is broken. Make a ruckus, and make it as loud or as quiet as you need to be effective.

Be substantive.  Communicate well.

People trust others who know their stuff. Learn the details. Understand the science behind the positions we take. Learn the policy-making and regulatory processes you’re working with. There is no substitute for depth of knowledge and understanding of nuance. But hone your ability to explain what you know to ordinary people. It’s an art, and it takes constant practice. It is essential. An expert in isolation is a waste of an expert; and expert who can make her depth of knowledge readily understood is a gem.

**

On the day I greeted our new interns, someone else greeted my son as he began his internship in Chicago. I hope that person felt about him as I do about our interns: here at CLF is one of our new great leaders.

I’d like to think that CLF is fertile ground for nurturing environmental advocates. Among the ranks of our alumni are the leaders of companies, leading environmental advocates, leading public servants, and two current, long-standing CLF staff members who started as interns and never left.

To all those working for us this summer, I say: welcome to the CLF family. Now, go out and change the world. Make New England, and our world, thrive.