Yes! On Monday October, 25, 2010 you’re invited to the Providence premiere of Carbon Nation, a documentary about climate solutions. Filmmaker Peter Byck has taken a complex and polarizing topic and made it apolitical, accessible, and entertaining. You’ll meet (to name a few):

• A rancher bringing new life to a Texas town through wind farming.
• Government employees working to make the military more energy efficient.
• Farmers using innovative, low-carbon growing methods.

The screening, presented by the Conservation Law Foundation and ClimateCounts.org, will be followed by a discussion with director Peter Byck and a panel of environmental pundits and climate policy experts. A reception with light refreshments will follow the discussion.

The details:

Screening of Carbon Nation, a film about climate solutions
Monday, October 25
6 p.m.
RISD Metcalf Auditorium at the Chace Center
20 N. Main Street
Providence, RI

Tickets are $20 online for general admission and $5 online for students.* There will be a $5 premium for purchasing tickets at the door, so buy your tickets online today!

You won’t want to miss this! Tell a friend (or two) and come enjoy an evening that celebrates solutions, inspiration, and action.

Dear CLF Supporter,

New England’s waters are in crisis. Nutrient pollution is a huge problem for our region; inadequately-treated wastewater, fertilizer-laden runoff from industrial farms, roadways, and sprawl development are fueling deadly algae blooms in some of our most cherished waters—like Lake Champlain, Long Island Sound, Cape Cod’s bay and estuaries, and the Great Bay, located between New Hampshire and Maine. These algae blooms suffocate and kill fish, shellfish and other aquatic life, creating vast “dead zones.”

Nutrient pollution is bad news. But there is a silver lining to this scummy, man-made problem: It’s solvable. For years, CLF has been working to reverse nutrient pollution in waters throughout New England. And there’s even more good news; today, you have the opportunity to make a REAL impact on nutrient pollution by symbolically adopting a mile of shoreline for $10:

Adopting a mile of shoreline may seem like a drop in the bucket, but it gives CLF and our advocates the resources we need to tackle and solve this problem; it is the very underpinning of our most crucial clean water work.

When you adopt a mile of shoreline for $10, you will fund:

• Lake Champlain LakeKeeper Program: CLF’s LakeKeeper, affiliated with the Waterkeeper Alliance, is the eyes and ears of Lake Champlain, dedicated to protecting this irreplaceable natural treasure. Part watchdog, part scientist and part public advocate, the LakeKeeper engages citizens, businesses and state and local authorities in doing their part to keep Lake Champlain clean.
• Clean Water Enforcement: All over New England, violation of water quality regulations is rampant, resulting in severely degraded waterways. Due to a combination of lax government oversight and insufficient resources, clean water can no longer be taken for granted. This is especially true in low-income communities, which bear a disproportionate burden of water pollution. CLF is putting feet on the ground to hold polluters accountable, wherever they are, for compliance with clean water laws in an effort to restore vital water quality to all New Englanders.
• Nutrient Pollution Advocacy: Nutrient pollution is a relatively recent, man-made scourge—an insidious by-product of industrial agriculture and wastewater treatment operations—that is threatening New England’s great salt and freshwater bodies. It is also entirely solvable. CLF is tirelessly pursuing up-to-date, science-based limits on how much nitrogen and phosphorus can be discharged without sacrificing water quality and stricter controls at the source to keep the pollutants out of our waterways.

Nutrient pollution is a solvable problem and CLF is securing important victories all across our region. In Vermont, as a result of CLF’s advocacy, the city of South Burlington voluntarily cut in half the nutrient pollution that could be discharged into Lake Champlain from its sewage treatment plant. In Massachusetts, the EPA introduced controls for nitrogen in the 2008 permit for the Upper Blackstone Water Pollution Abatement District, over the objections of the district. The permit was recently upheld despite continued pressure from the district. The bottom line: Nutrient pollution, with your support, is a problem that we can solve!

Unfortunately, the clock is ticking. Literally. We are quickly approaching the point of no return for some of our region’s more fragile waterways. We need you to act now, before our October 8 deadline, to reverse nutrient pollution in New England. It takes just $10.

Today, you can make a real difference in New England’s nutrient pollution crisis by adopting one mile (or more!) of shoreline. We’re counting on you.

Sincerely,

Chris Kilian

P.S. Please click the “like” button below to share this important message with your friends on Facebook!

Earlier today in Rhode Island, the Public Utilities Commission (PUC) approved the Deepwater Wind/National Grid Power Purchase Agreement (PPA) for the construction of an eight-turbine wind farm in Block Island Sound, denying CLF’s Motion to Dismiss.

Here’s what CLF’s Rhode Island Advocacy Center Director Tricia Jedele had to say about the decision:

Today’s ruling was inevitable, a result dictated by the legislature in a law defined so narrowly that it could have only one outcome. Unchallenged, this law and the accompanying PUC decision set precedent that will only undermine the efforts to build a future for renewable energy in Rhode Island. The failure to allow the PUC any discretion in its decision-making is the very basis of CLF’s Separation of Powers argument, which we are likely to appeal to the Supreme Court.

The Deepwater Wind project in Block Island Sound first met with problems in April 2010 when its Power Purchase Agreement (PPA) with National Grid was rejected by the PUC on the grounds that it was not commercially reasonable. Rather than appeal the decision, Deepwater, with the support of the Governor and the legislature, sought to do an end run around the review process and rewrite the rules to produce a different outcome the second time around. CLF, a longtime champion of renewable energy done right, was one of the first to challenge the moves as unlawful, unfair and a terrible precedent. CLF contended that the amended law was designed to favor one project and one developer, creating an unlevel playing field that would make it impossible for developers to compete successfully for future projects.

“Renewable energy is too important to this state to do it in a way that could threaten its chances for success,” Jedele said at the time.

In July, in advance of a second review of the PPA required under the amended law, CLF filed a Motion to Dismiss, arguing that the PUC should not review the amended Power Purchase Agreement because the law violates the Constitutional doctrine of separation of powers, and the provision which requires that “all laws be made for the good of the whole.” CLF also argued that even if the PUC were to proceed, it could not review the PPA because the doctrine of res judicata bars litigation of a claim that has already been litigated between the same parties.

Through a recently released tool authored by the World Resources Institute as part of Google’s Public Data Explorer, users are able to visualize greenhouse gas emissions like never before:

On a per capita basis, New England states are leading the pack with some of the lowest numbers.

Why?

1. New England states tend to be more efficient in our use of electricity and natural gas.
2. As our states are more compact and developed, New Englanders generally drive less.
3. New Englanders typically drive more efficient vehicles.

The proof, as they say, is in the pudding:

Of course, there’s still plenty of room for improvement – and in this midst of this climate crisis, we’re all going to have to do much better to turn things around.

As implementation of the energy efficiency funding in the American Recovery and Reinvestment Act continues to roll forward a window is about to open that will allow buyers of energy efficient appliances to receive substantial rebates.

There is real concern that these programs could prove so popular that the window for getting the rebates will open and close very quickly.  Some states, like Massachusetts, are offering the opportunity to reserve a chance to reserve the rebates  ($250 per dishwasher, $200 per refrigerator, $175 per clothes washer and $50 per freezer) in advance – the Online Reservation Tool to make that happen is scheduled to “go live” at 10:00 AM on April 22, although you can check at the same web page to see what stores are pre-qualified (pretty much all appliance sellers, although note that Boston neighborhoods like Dorchester are listed separately in the alphabetical list of stores) and what models will earn you a rebate.

Some states, like Rhode Island, have given out all their rebate funds – in that case people replacing appliances ruined in flooded basements may have played a role.

To see what the story is in your state click on your state on this map on the U.S. Department of Energy Website.

And if you are buying an energy efficient appliance after these particular rebates are exhausted (they only work in pre-qualified physical stores) or just want to pick up some really cool light bulbs be sure to take a look at the CLF online store operated by the Energy Federation featuring the best of all such stuff and where every purchase benefits CLF.

Our hearts go out to New Englanders dealing with the flood disaster caused by record-setting rainfall over the last couple days.  The director of CLF’s Rhode Island Director, Tricia Jedele, has circulated some extraordinary pictures of the deluge that really bring home the scope of the devastation.

The tragic events playing out on the ground in Rhode Island–flooding and subsequent failure of public health infrastructure like sewage treatment plants–have been eerily predicted as likely outcomes of human-caused climate change.  But when you see the destruction occurring in Rhode Island and elsewhere in southern New England, you realize that terms like ”climate change” or even “global warming” are grossly inadequate descriptions of what is really going on: total climate chaos.  

CLF's Rhode Island Director Tricia Jedele documented the awesome, destructive power of the Pawtuxet River swollen by intense rains.

Here are just some of those eery predictions taken from a 2008 EPA National Water Program strategy document titled “Response to Climate Change” at p. 11 (note that this document was created during the Bush Administration so it probably underplays the science a bit).  The report cites the Intergovernmental Panel on Climate Change’s (IPCC) conclusion that “annual mean precipitation is very likely to increase in Canada and the northeast United States” as a result of climate chaos.  It concludes that the climate chaos we are causing with our greenhouse gas pollution will “alter the hydrological cycle, especially characteristics of precipitation (amount, frequency, intensity, duration, type) and extremes” p. 10 The report also concludes that: 

• increased frequency and intensity of rainfall in some areas will produce more pollution and erosion and sedimentation due to runoff (EPA 2007h);
• “[w]ater-borne diseases and degraded water quality are very likely to increase with more heavy precipitation” (IPCC 2008, p. 103);
• potential increases in heavy precipitation, with expanding impervious surfaces, could increase urban flood risks and create additional design challenges and costs for stormwater management” (Field et al. 2007, p. 633);
• flooding can affect water quality, as large volumes of water can transport contaminants into waterbodies and also overload storm and wastewater systems (EPA 2007h)

Tens of thousands of homeowners in Warwick and West Warwick are learning firsthand how flooding can shut down wastewater systems, badly contaminating the rivers and backing raw sewage up into people’s homes.  Yesterday’s Providence Journal reports that it may take days or even weeks to get the plants in those communities up and running again.  

The serious water pollution is not limited to raw sewage.  Today’s Burlington Free Press carries a stunning AP photo of a massive oil slick running through a flooded industrial area near the Pawtuxet River under the headline “Worst Flooding in 200 years.”  The story goes on to recount the serious damage to bridges, highways, dams, and personal property caused by the floodwaters throughout New England.  Incidentally, right next to the headline about flooding, the Free Press reports that “Vermont headed for record heat” this weekend. 

Sadly, above the stories on record-breaking flooding and record-breaking heat in the Burlington Free Press , the top headline reads “Obama expands drilling.” 

We must learn the hard lessons from this hard rain: Climate chaos is happening and it is already costing our society billions in hidden costs associated with climate disasters like the recent flooding.  The longer we wait to take serious actions to stem our emissions of greenhouse gases, the higher the price we will have to pay.  This week, the price is being measured in destroyed infrastructure, lost productivity from businesses that must stay closed during flood disasters, badly-contaminated-disease-bearing water, displacement of people whose homes are destoryed, and the list goes on.  

The message that Tricia Jedele sent along with her pictures brings home another point about the environmental justice aspects of this most-pressing human problem. ”There is a connection here to how our failure to respond appropriately to climate change and address adaptation will disproportionately impact the poorer communities.  The small mom and pop, main street types of businesses will be hardest hit.”

These costs MUST be part of the cost-benefit analysis that is driving debates over issues like expanding offshore drilling for more fossil fuels to burn in America’s cars.  When your car is under water and the bridges and roads you need to drive on are too, are you really all that excited that we sacrificed our oceans and increased our reliance on the fuel sources causing climate chaos, all so we could save 3 or 4 pennies per gallon at the pump?

Providence, RI February 18, 2010 – Affirming the need for proper procedure when deciding the fate of the State’s vulnerable coastal resources, the Rhode Island Supreme Court today overturned a Superior Court ruling that would have allowed the expansion of Champlin’s Marina into Block Island’s Great Salt Pond. The decision was hailed by Conservation Law Foundation (CLF) and others, who argued that the Superior Court exceeded its authority when it decided in February 2009 to circumvent the Coastal Resources Management Council’s (CRMC) permit review process and issue the Champlin’s Marina expansion permit itself.

“We are gratified that the Court agreed with our analysis and ruled in favor of good process,” said CLF staff attorney Jerry Elmer, who argued the case before the Supreme Court. “Today’s decision puts responsibility for determining what’s best for Great Salt Pond back where it belongs – in the hands of those who are charged with preserving our treasured coastal resources for future generations.”

With the Supreme Court’s decision, the case will be sent back to the Coastal Resources Management Council, which will be required to correct procedural errors that occurred in the permit review process and to vote again on the permit application.

Tricia Jedele, director of CLF’s Rhode Island Advocacy Center, stated, “Rhode Island needs cohesive, ethical and courageous management of its coastal resources if we are to adequately protect our state’s greatest assets. This decision underscores both the enormous challenge ahead of us and the mandate to get it right.”

Background

The Champlin’s Marina case dates back to 2003, when Champlin’s Marina applied to the CRMC for a permit to expand into the environmentally sensitive Great Salt Pont of Block Island. The CRMC held 23 hearings into Champlin’s application. In February 2006, by a 5-5 tie vote, the CRMC declined to approve Champlin’s permit application. Champlin’s appealed the permit denial to the Rhode Island Superior Court, which held a lengthy hearing into Champlin’s allegations of impropriety at the CRMC. In February 2009, the Superior Court issued a 91-page decision in which it ruled that there had, indeed, been improper procedures in the CRMC. At that point, the Superior Court should have sent the case back to the CRMC in order to correct the improper procedures and re-vote. Instead, the Superior Court exceeded its legal authority and itself simply granted the disputed permit to Champlin’s. That latter act – the granting of the disputed permit by the Superior Court – was reversed today by the Supreme Court.

While the overarching environmental challenge of our time continues to be global warming we can’t loose sight of the need to confront the other air pollution that threatens the public health.  For those of us who fighting against dangerous pollution from coal fired power plants like Salem Harbor in Massachusetts this is not news – but the fact that a bi-partisan group of U.S. Senators (there is a phrase you don’t see much !!) have filed legislation to address this pollution is significant.   Exactly how good a bill is this?  We don’t know as they haven’t released the text and the devil (and god) are in the details.   But it is good to see our Senators paying attention to coal plant pollution !

Meanwhile, Tricia Jedele who runs CLF’s office in Rhode Island is helping to move ahead an effort to focus on the old school environmental value of waste reduction.  Reduce, Reuse and Recycle.  And she points out that the U.S. EPA have produced a very convincing report on how this classic brand of environmental action is good for the climate – bringing us back to global warming again . . .

On August 21st, the Thai based energy company PTTEP announced that a “crude oil gas leak incident occurred” in the Timor Sea about 155 miles northwest of Western Australia.  The energy company’s press released continued that “the size of the spill is not known.  Aproximately 40 barrels of oil were discharged from the wellhead in the initial incident.”  In the ensuing month, it has become clear that this oil spill is much more serious than initially thought:

Aerial Photo of the oil spill from the drilling platform in the Timor Sea (Source: SkyTruth)

1. As of September 25th, photos from NASA satellites document that the oil slicks and sheen from the spill covered 9,870 square miles, an area even bigger than the state of Vermont.  Part of the oil sheen has been moving perilously close to the Cartier Island Marine Reserve.
2. According to conservative estimates by the World Wildlife Fund, the rig has been leaking 400 barrels a day — over 14,000 barrels since late August.  That equates to about 600,000 gallons of oil.
3. When the spill was first reported, the government of Australia predicted it would take 7 weeks to clean up.   Already, it has been 5 weeks and the spill isn’t contained.

This devastating spill may be a world away but US ocean waters, including Georges Bank and the rest of the Gulf of Maine, are also at risk because they no longer are protected from the devastating impacts of oil and gas extraction. As a parting gift before leaving office, President Bush lifted the Presidential Moratorium on drilling for oil and natural gas on the Outer Continental Shelf that had been in place since 1990.  On September 30, 2008, Congress followed suit and lifted a longstanding legislative ban on offshore oil and gas leasing as part of a large government operations appropriations bill.  As a result, important habitat in the Gulf of Maine, including Georges Bank — one of the world’s premier fishing grounds — is at risk of industrial scale fossil fuel energy development.

As the Saudi oil fields are tapped out, there is increased pressure to drill in remote areas of the ocean.  For example, at the beginning of September, BP announced a “giant oil discovery” 35,055 feet below the Gulf of Mexico seafloor, which itself is already 4,132 feet below the surface of the ocean.  In an ironic twist of fate, just as the ocean is beginning to bear the brunt of the impacts of climate change (see my earlier blog post on ocean acidification), oil companies are stepping up efforts to locate and drill for oil and gas under the seafloor.

Clearly we need energy — but how do we design a sustainable, climate neutral ocean energy solution that will not put important marine wildlife, habitat and ecosystems at risk? As Greg Watson, then a VP at the Mass Technology Collaborative, noted, New England (and Massachusetts in particular) is “the ‘Saudi Arabia of Wind.’” Of course, we need to responsibly tap this renewable resource — we can’t build wind farms wholesale across the region just because there is a lot of wind on the ocean.  Rather, we need to engage in a thorough marine spatial planning process whereby different human uses and ecological resources are identified and mapped and responsible renewable energy development is sited in a way that doesn’t create unreasonable impacts on those activities or natural resources.  Massachusetts is in the process of doing just that — and has released the first in the nation Draft Ocean Management Plan.  In Maine, the governor appointed an Ocean Energy Task Force to evaluate how to develop offshore renewable energy.  Rhode Island is working on an Ocean Special Area Management Plan (SAMP) in part to promote offshore renewable energy development.  Finally, at the federal level, President Obama issued an Executive Memorandum calling for a national ocean policy and marine spatial planning  framework.  CLF is working on all of these issues.

Imagine if all of Vermont were covered in an oil spill.  Well it has been over a month and an equally large spill in the Timor Sea hasn’t been contained.  Oil and gas drilling is still a risky business and, thanks to former President Bush and Congress, these projects are allowable in US ocean waters.  A concerted effort is needed to make oil and gas drilling old news.  We need to usher in a new era of responsible, climate friendly, renewable ocean energy development.  Help CLF make this a reality!

What can you do to help promote responsible marine renewable energy Development?

1. Sign the CLF Ocean Petition
2. Learn more about the Massachusetts Draft Ocean Management Plan, Maine Ocean Energy Task Force, Rhode Island Ocean Special Area Management Plan and the National Ocean Policy and Marine Spatial Framework.
3. Learn more about the Timor Sea Spill

Satellite Image of the oil spill in the Timor Sea. Northwest Australia is in the lower right hand corner of the photo (Source: SkyTruth)