I am headed to Brattleboro tomorrow with some other CLF folks to talk about Vermont Yankee at an evening event CLF is hosting.  If you are in the area, come join us.

Join me and other CLF staff at the River Garden in Brattleboro, VT on Thursday, June 10 from 6-8 PM for a community gathering and Q&A  on   Vermont Yankee.  See event details. 

I was troubled to learn this morning that there is a new leak at Vermont Yankee. 

The continuing leaks must stop.   The new leak highlights the lack of responsible oversight and management at the plant.  Yankee only began operating again on Saturday after a month long outage for refueling.  Then start-up was stopped twice because of problems at the plant.  

 The public expects both Entergy and regulators to be proactive to stop leaks from occurring in the first place.  That is not happening.

Tony Hayward of BP

The BP oil disaster has now reached its one month anniversary. No viable solutions are at hand for shutting down the underwater geyser, cleaning up the soiled marshes or restoring the damaged economies of coastal communities. The “outhouse” failed and the “top hat,” “top kill” and “junk shot” are still theories. What’s the performance assessment from the BP CEO? “Extraordinarily successful.” In fact, if BP continues on their chosen strategy, says Man at the Helm Tony Hayward, it just might be an improvement for their reputation!  Bravo Tony. Shirley Temple‘s sunny outlook pales in comparison.

The arrogance seen on display is not new. It’s the same gall we have seen in the Congress with Sen. Lisa Murkowski’s incredible response that the solution to the BP oil disaster is to drill in the Arctic National Wildlife Refuge. It’s the same predicted blindness we have seen from the industry spokesmodels who were scolded by President Obama last week. This is the same greed that has other oil companies rushing to seek 20 new waivers from environmental analysis for offshore drilling in the Gulf of Mexico SINCE the Deepwater Horizon erupted.

The Obama Administration has taken some much needed action to establish an independent investigation commission and to – finally – address the rat’s nest of collusion and corruption at Minerals Management Service. We are thankful to have New England’s Rep. Ed Markey and Sen. Bernie Sanders helping to lead reform. Other areas of the country which are faced with new oil drilling such as the coast of Virginia are seeing the real face of oil, not the shiny industry portrayal. But, why wait any longer? We need real action. We need President Obama to reinstate the 20 year moratorium on oil drilling.

Out of sight, out of mind—until of course, 2 million people are left wondering why they don’t have clean drinking water.

This weekend’s Massachusetts Water Resources Authority (MWRA) water main break, which spilled millions of gallons of drinking water into the Charles River, should alert us to a larger and often hidden crisis of under-funded water infrastructure across the country. The underground pipes that provide our drinking water and that convey our sewage away from homes and businesses are typically hidden from sight, but are increasingly drawing attention through catastrophic failures.

While the cause of the MWRA pipe burst is not yet clear (officials report the pipe was only 7 years old), this incident signals that continued oversight and investment is needed to keep our water infrastructure working to protect health and the environment.

In 2009, New England spent around $113M in federal funds on drinking water and wastewater infrastructure (plus $2.2M or more in state funds and further expenditures by cities and towns).   The U.S. EPA has estimated New England’s needs at $11.5B for drinking water infrastructure and $8.5B for wastewater infrastructure over a 20-year period.  A national EPA “gap analysis” backed by the General Accounting Office found that unless rates of spending on drinking water and wastewater infrastructure increase substantially, we will come up short by about $500B for necessary upgrades by 2020.  Industry groups representing the operators of drinking water and wastewater systems agree, and the American Society of Civil Engineers has rated U.S. water infrastructure a “D-.”

Major upgrades are also required for our storm sewer systems (the pipes that channel rain water from street catch basins, parking lots, and driveways into nearby rivers and streams) to reflect modern pollution removal methods and to prevent sewage from mixing with the rain water. (Recall the sewage overflows that occurred during storms this past March.)

How to fill the investment gap?

The U.S. EPA and state environmental agencies provide funds for all of the above through loans and grant programs, but these won’t fill the gap entirely.  One proposal in Congress, introduced yesterday, would remove caps on private investment and could potentially create new jobs and bring in significant tax revenues.  Another would create a national trust fund supported by taxes on corporations.  Another option is for local water and sewer rates to increase to reflect “full cost pricing.”

In Massachusetts, a Water Infrastructure Finance Commission has been convened, and CLF will be involved in the discussions.

If there is any silver lining to this incident, it is that we have been reminded how much we rely on our water and wastewater systems – and how disruptive the consequences will be if we don’t make the investment to manage them proactively.

To learn more, check out the trailer for Liquid Assets, a documentary about America’s water infrastructure, or EPA’s web site.

Increased wind speed late yesterday started putting oil on Gulf Coast beaches about 10:00pm last night. Our colleagues at the Gulf Restoration Network are working hard to deal with the oil onslaught. The federal government is stepping up their response and making sure we all know they are. White House political chief David Axelrod announced this morning that they are putting off any new drilling until the administration conducts an “adequate review.” Let’s hope that means at least an immediate moratorium for the Atlantic coast and the Arctic, where drilling could go forward this summer. (Could you imagine a similar spill scenario that occurs under Arctic sheet ice? With no oil booms, skimmer boats, 100-ton steel caps or airplanes dumping “dispersants” in sight?) Sen. Bill Nelson of Florida has already announced he will introduce legislation to ban drilling off the coast of Florida, and Senate Dems are becoming more vocal against the starkly illustrated threats of drilling. It seems like the political currents might be shifting.

Ocean currents are themselves fascinating forces of nature. The currents and internal waves in the Gulf of Maine and Georges Bank are what help to make New England’s ocean so incredibly productive. The currents are corridors of life for all ocean wildlife from migrating whales to free-floating larvae. They also connect the kelp on the coasts to the deepwater corals in far offshore canyons. CLF has fought hard in the past and again in recent years to make sure Georges Bank was protected from oil drilling, but really Georges Bank is just as threatened by oil drilling that occurs off the coast of Maryland, not to mention across the Canadian border.  So, when you are looking south to the unfolding disaster in the Gulf of Mexico don’t forget to look to the north to see what our Canadian neighbors are proposing.

As if New Orleans hasn’t suffered enough, Yahoo News and the Times Picayune are now reporting that the Crescent City’s residents are being assaulted by the odor emanating from the catastrophic oil spill in the Gulf of Mexico.  Apparently strong winds are blowing fuel-scented fumes into the city from the massive oil slick that is now just a few miles from the Louisiana coast.  Yahoo News quotes one resident as saying that “it smells like it’d smell if a bus was in front of you blowing out exhaust fumes right in your face.”

It’s pretty hard to chant “Drill, baby, drill” when you are gagging on the fumes from a nasty oil spill.  I hope Louisiana’s Democratic Senator Mary Landrieu, a longtime apologist for the oil industry and agitator for more off-shore oil exploitation will spend some time with her constituents being forced to breathe in the noxious stench that her petroleum patrons have unleashed through their carelessness.

I hope the band-aids used to fix leaks at Vermont Yankee hold.  I wish I had faith in the statement “they’ve stopped a leak.”  Perhaps this is one statement from Entergy’s out-of-state corporate executives that acutally is true and reliable.  Unfortunately, the public’s confidence in Vermont Yankee is badly torn, and not easily mended. 

Even if the broken pipes are repaired, all the problems are not fixed.  Vermont Yankee and regulators allowed leaks to pollute the enviornment for over two months. 

Uncontrolled and unmonitored releases of radioactiviely contaminated water are illegal.  The pollution from these leaks is still in the ground and in our water.  This is unacceptable.

There are still old, underground pipes at Vermont Yankee.  The fact that there were leaks in these old pipes that Energy denied even existed, indicates there are bigger problems.  Lax oversight, sloppy management, and poor performance allowed problems to sit and fester.  These old pipes and this old plant are not safe or reliable.

Vermont Yankee will be allowed to continue to leak and pollute.  On March 10, 2010, the Vermont Public Service Board held an initial hearing on CLF’s request to close the plant until the leaks are repaired.  

Unfortunately, Yankee will continue to operate at least until it shuts down for refueling in late April.  I have little doubt that when it does shut down for refueling, the leaks will be found and repaired.  The sad part is that since early January, Vermont Yankee has been allowed to continue to operate with ongoing leaks of radioactive waste from pipes Yankee told regulators never even existed.  The leaks and the lies should stop.  Entergy should not get a free pass to pollute.

If my car is leaking oil, I stop the car and fix the leak.  We should expect the same from an operator of a nuclear power plant.

Entergy — the owner of Vermont Yankee — claimed yesterday it should not be required to give regulators accurate information on the leaks, the impacts of the leaks and its efforts to stop them.  They are busy trying to fix the leaks and the requested reporting apparently would be some sort of distraction.  CLF responded that a company as large as Entergy should be able to “walk and chew gum at the same time.”  If Entergy has time to make daily public announcements about what is going on, why can’t they make those statements under oath?  And if they can’t, what are they hiding?

Join CLF in asking the VT Public Service Board, the NRC and the VT health Department to shut Vermont Yankee down until the leaks are repaired.

Learn more about CLF VT Yankee Advocacy

Update: News articles in Boston Globe, Salem News and Boston Business Journal about this announcement.

Puts Dominion Energy On Notice Of Clean Air Act Lawsuit

BOSTON, MA (January 27, 2010) In a continuing effort to bring the Salem Harbor Station coal-fired power plant into compliance with the federal Clean Air Act, Conservation Law Foundation (CLF) today announced that it intends to file a federal suit against Dominion Energy of New England for ongoing violations of smokestack emissions limits. The suit focuses on the emissions of particulate matter – small particles of chemicals, metals and ash which have been linked to severe health and environmental problems.

If successful, the suit would hold Dominion responsible for paying millions of dollars in penalties retroactively for violations of the smokestack emissions limits. The violations are documented in Dominion’s own quarterly reports of mandatory monitoring at the Salem Harbor Station power plant.

“These continuing violations show that Dominion Energy is indifferent to the hazards it is imposing on the residents of Salem and the neighboring communities,” said Shanna Cleveland, staff attorney for CLF. “Dominion Energy must be held accountable for abiding by the laws that are meant to protect our health and the environment. If it cannot meet those standards, then we have to ask why this dirty, obsolete coal-fired power plant should be allowed to continue to operate.”

For two decades, CLF, along with residents of Salem and neighboring communities, has fought to force Dominion, and before them the prior owners of the plant, to clean up or shut down Salem Harbor Station. The plant has a long history of violations related to its coal-burning operations, repeatedly exceeding legal limits on the discharge of known pollutants including, over time, mercury, coal ash and now, soot.

Recent studies have shown that even short-term exposure to soot has been linked to higher rates of hospitalization for heart and respiratory problems. Children and the elderly are the most vulnerable, experiencing health problems ranging from decreased lung function to premature death. Jane Bright, of the public health advocacy group Healthlink stated, “The soot that Dominion is pumping into our air has been proven to be damaging to the health of our community. It is outrageous that they have been routinely exceeding limits on these dangerous emissions, while leading us to believe otherwise.”

Residents throughout the North Shore feel the effects of Salem Harbor Station’s toxic plume. Lori Ehrlich, state representative for Marblehead, Swampscott and parts of Lynn stated, “I see that filthy plume heading right for my community and I want to tell everyone to hold their breath. Instead, we endure the daily assault of black soot that sticks to everything from our cars to our throats. The people of this region should not be forced to pay for the effects of Dominion’s negligence with their health, while Dominion continues to get off scot free.”

“Moving beyond coal is vital to fighting climate change and creating a green economy in Salem and throughout the Commonwealth,” said Jeff Barz-Snell of the community group SAFE (Salem Alliance for the Environment). “The time has come for Dominion to invest in cleaning up Salem Harbor Station, or make way for clean energy solutions like energy efficiency, solar and wind.”

Lisa Abbate, with the Salem citizen’s group A Vision for Salem, is advocating for a clean alternative for the Salem Harbor Station site. “Salem Harbor Station takes much more away from our communities than it gives. We need to take bold steps to shut the plant down and move swiftly toward the cleaner future we all envision for Salem and the surrounding region – for our health, for our environment and for our economy.

NOTE: Photos of Salem Harbor Station’s plume are available on Flickr.

The bad news: Alaska Senator Lisa Murkowski introduced a resolution designed to tamper with the science driven regulatory process of Greenhouse gas emissions by the U.S.E.P.A.

The good news: The two Republican Senators from Maine, Olympia Snowe and Susan Collins, courageously refused to follow their party line and did not sign on to the resolution.

“Maine should be proud to have two senators with the courage to do the right thing for Maine and the country when it comes to critical environmental issues,” said Sean Mahoney, director of the Conservation Law Foundation’s Maine Advocacy Center.  ”Unlike Senator Gregg of New Hampshire and his Republican cohort of climate change deniers, Senator Snowe and Senator Collins withstood the pressure of party politics and did not join in this attack on the authority of the EPA to regulate carbon dioxide as an air pollutant. This country needs to address the harmful impacts of carbon dioxide emissions and, in the absence of new federal climate legislation, it is vital that the EPA retain that authority under the existing Clean Air Act.”

UPDATE: Sadly, when push came to shove on the Senate floor both Senators Snowe and Collins voted against science and climate protection and in favor of the Murkowski resolution.