photo credit: riekhavoc, flickr

Another false claim by Entergy – the owner of the Vermont Yankee nuclear facility in Vermont – is laid to rest. On Monday, the ISO-New England came out with an important determination that Vermont Yankee is not needed for reliability of the electrical grid.

This has been brewing for awhile and is quite significant since Entergy keeps claiming its tired old and polluting plant on the banks of the Connecticut River is needed for reliability. That claim is simply false.

In a filing made with the Federal Energy Regulatory Commission, the ISO New England stated:

“[T]he ISO determined that Vermont Yankee is not needed for reliability for the 2015-2016 Capacity Commitment Period. This determination is based on the expectation that certain transmission upgrades will be in place prior to the 2015-2016 Capacity Commitment Period as well as new resources which have been procured through the Forward Capacity Market.”  [see page 8-9 of this filing]

This is a very important determination and is good news for New England’s clean energy future. It shows the transformation of our power grid to cleaner sources and away from older and polluting coal and nuclear plants.

By way of explanation, the ISO New England operates the region’s electricity grid to ensure the lights stay on. It holds auctions to determine which resources will supply capacity to meet power needs in future years. This is the forward capacity auction referred to above.

What this means is that Entergy will not collect capacity payments for Vermont Yankee during 2015 to 2016.  That means that ratepayers will not be forced to prop up this tired, old, expensive and polluting nuclear plant, or its untrustworthy owners. Ratepayers will not be paying for Vermont Yankee to be available to operate.

This determination recognizes that grid improvements and new resources will keep the lights on without Vermont Yankee. Another false claim by Entergy is laid to rest. Our region moves one step closer to a cleaner energy future.

The Three Penny Taproom. Courtesy of adamjackson1984 @ flickr. Creative Commons.

If you like beer, then you can (and should) help support Conservation Law Foundation fulfill our mission of protecting New England’s environment for the benefit of all people. You see, at CLF we use the law, science, and the market to create solutions that preserve our natural resources, build healthy communities, and sustain a vibrant economy. So what’s CLF’s work got to do with beer?

Here’s a few examples:

• You need clean water to make great beer; CLF is fighting to control water pollution and keep water clean throughout Vermont and New England
• Drinking and driving is illegal and dangerous; CLF is working to expand public transportation options and to encourage development in walkable downtowns
• Local beer should have local hops; CLF is working to help local farmers find financing in their communities

And we’ve got plenty more reasons why beer-lovers should become CLF members. That’s why you’re invited to come discuss them over a frosty pint.

What: The generous owners of Montpelier’s Three Penny Taproom are putting the fun back in fundraising by donating a portion of an evening’s bar sales to support CLF’s work in Vermont. Come raise a glass with CLF’s Vermont advocates who will be glad to answer questions about the challenges facing Vermont’s environment and the many solutions CLF’s advocacy is helping to bring about.

When: Tuesday May 15, 2012 from 5:00-7:30 p.m. (and it’s a safe bet that some of the CLF advocates might stick around even later)

Where: Three Penny Taproom, 108 Main St. Montpelier, VT (for directions: http://www.threepennytaproom.com/directions.html)

Why: Because supporting CLF’s mission to protect Vermont’s environment for the benefit of all people has never been this easy or this tasty (did we mention that Three Penny has a delicious daily menu of small plates made with high quality local ingredients?)

If you’ve never been to Three Penny Taproom — designated as one of “America’s 100 Best Beer Bars” by Draft Magazine and winner of the 2011 7 Days Daysie reader survey for “Best Bar” — CLF Night is a great reason to come see what all the buzz is about.

Does this look like fun? Vermonters are spending more time driving than ever before. We need clean, efficient alternatives. Credit: Little Miss Sunshine.

Are you tired of traffic, taxes and time pollution? I don’t know about you, but spending quality time with my family is not spending it either driving kids around from place to place or being stuck somewhere in a traffic jam.  And it is no surprise to me that others have found that long commutes are harmful to your health and happiness.

With $4 per gallon gasoline and transportation being the biggest source of global warming pollution in Vermont, we need better solutions, solutions that save our environment, our health and our pocketbooks.

With the cancellation of the Circ Highway – an expensive, ill-conceived, outdated and polluting new roadway around Burlington, Vermont – there are good opportunities to invest in better ways to get around:  ways that won’t cause more Moms and Dads to spend more useless hours in a car driving kids from place to place. Progress so far looks promising.

Cancelling the Circ has freed up funds for other, more worthy projects.  In place of the Circ, communities and transportation officials are now moving forward projects like the Crescent Connector in Essex Junction.  This $3,000,000 project near Five Corners will provide the same amount of traffic relief to this area as the Circ at a fraction (one-twentieth) of the cost.

• Nearer to Burlington, a transit hub is being considered that will allow motorists to park nearer the city and the switch to bikes or busses to get into and around the city.
• The Circ Alternative Task Force is considering longer term solutions as well that will likely include improving existing roadways, building new bikeways and transit centers and keeping our transportation dollars closer to our daily activities.

This is all good news for our sanity and for bolstering economic development. Real estate values increase in areas where daily activities are within walking distance.

In place of traffic jams, people have more opportunities to get around and get what they need without using their cars. Waiting for someone or something can include a visit to a restaurant or gym or picking up the groceries or dry cleaning. It’s no longer Mom or Dad sitting solo in the car waiting for the dance lesson to end. It’s reducing air pollution, time pollution, while saving money, our health and our sanity.

Image courtesy of epSos.de @ flickr.

New Englanders are driving and emitting more pollution every day. Emissions from New England’s transportation sector – the fastest growing emissions sector — produce about 40% of the total greenhouse gas emissions in the region, more than half of which comes from passenger cars. This is a problem for New England’s people, environment and economy.

That is why CLF has been working hard with a coalition of environmental advocacy organizations to support the creation of a Clean Fuels Standard (CFS) in eleven Northeast and Mid-Atlantic states. A successful CFS would achieve several mutually reinforcing goals:

• Reduce greenhouse gas emissions from the transportation sector through the promotion of alternative fuels (such as electricity, advanced biofuels, and natural gas);
• Drive regional economic growth; and
• Ensure energy security and insulate residents of the Northeast and Mid-Atlantic states from rising oil prices.

This week, the CFS advocacy coalition – comprised of CLF, PennFuture, Environment Northeast, Environmental Entrepreneurs, Natural Resources Defense Council, Sierra Club, Union of Concerned Scientists, Environment America, and Ceres – welcomed good news regarding litigation in California over the CA Low Carbon Fuel Standard (LCFS). On Monday, the Ninth Circuit Court of Appeals granted a motion to stay sought by the State of California and its co-appellants (including CLF, who is a party to the CA litigation). This decision blocked the injunction granted by the U.S. District Court for the Eastern District of California, which prevented CA from enforcing its LCFS regulations while the appeal was pending.

In real terms, as a result of the Ninth Circuit’s decision, the LCFS will be alive and well in CA while the Appeals Court considers the merits of the case – a significant victory for California, CLF, and the other appellants, and a positive step toward combating climate change in the transportation sector.

CLF and its partners also made important strides this week toward promoting a regional CFS by standing up against threats from the Consumer Energy Alliance (CEA), a trade association comprised of fossil fuel interests and affiliated with organizations like the American Petroleum Institute. CEA (along with the American Fuels and Petrochemical Manufacturers, American Trucking Associations, and the Center for North American Energy Security), is an opposing party in the California litigation described above.

Earlier this month, the CEA contacted Attorneys General in all of the states participating in the Northeast/Mid-Atlantic CFS program, spreading misinformation about the California litigation and threatening to lodge a similar battle against a CFS program in our region. CLF and its allies responded strongly with a response letter to the Attorneys General, making clear that CEA severely mischaracterized the direction of the CA litigation and its implications for the Northeast/Mid-Atlantic region. In fact, the CA litigation is not a predictor of the legality of fuel standards still under development in other locations, and resource-specific regional differences between the Northeast/Mid-Atlantic region and California undercut CEA’s claims. The Massachusetts version of the letter to the Attorneys General is available here.

CLF believes that a regional CFS is a crucial means of significantly reducing the region’s dependence on oil, transportation costs, and greenhouse gas emissions while at the same time providing consumers more choices. CLF will continue to work with allies to ensure that the CFS program progresses in the Northeast and Mid-Atlantic states.

More small-scale farms, in more local communities, growing a greater diversity of food in sustainable and humane ways, are key ingredients in CLF’s recipe for a healthy, thriving New England for generations to come.

Let’s face it, with gas prices topping $4 per gallon and global warming causing deepening droughts across many of the world’s most productive agricultural areas, we just can’t continue to count on being able to get produce, meats, and dairy products shipped to our local supermarkets from factory farms that may be thousands of miles away.

Extended-share CSAs and other community financing tools can be a valuable way to help smaller farms--like the one where these goats live--flourish

Even in Vermont, where agriculture is a key component of our state’s economy and character, there are challenges to realizing an agricultural renaissance.  One of the biggest challenges involves connecting existing and would-be farmers with the financing they need to flourish. With recovery from the credit crunch still slow, banks and other traditional sources of capital may be reluctant to take risks on smaller-scale farming operations (and with so many stories of banks behaving badly, local farmers may also be reluctant to work with banks).

Increasingly, Vermont farmers are turning to friends and neighbors in the communities where they live to raise smaller amounts of capital in unconventional ways.  That’s why I was so excited to participate in a collaboration with farmers, attorneys, accountants, and investment professionals that is aimed at helping publicize and demystify the various community-financing tools that farmers can utilize as they seek to start up and/or grow their farms.

The effort was led by University of Vermont’s Center for Sustainable Agriculture, which recently published the “Guide to Financing the Community-Supported Farm: Ways for Farms to Acquire Capital Within Communities” (you can download a free copy by clicking here). Among the many community financing tools discussed in the guide are:

• owner-financed sales and land contracts (chapter authored by yours truly)
• cohousing and cooperative land ownership
• equity financing
• extended Community Supported Agriculture (CSA) shares
• revenue-based financing
• vendor financing
• pre-buys

Though written by Vermonters for a primarily Vermont audience, much of the analysis and many of the case studies in the Guide will be useful to farmers and community food financiers all across New England. Check it out!

CLF President John Kassel in front of the MA State House on his commute from work.

Every year, environmentalists and the public alike celebrate Earth Day in late April. It is a day with a long, proud history – a day when, for a brief moment, we share our environmental concern with a broader public. But let’s be clear: one day is not enough.

This year marks more than 40 years since the first Earth Day, 50 years since Silent Spring, and 20 years since the Rio Earth Summit. The mounting environmental threats we face as a region, and as a nation, cannot be dealt with in a day. They require sustained effort towards a sustainable future. They require every one of us to do our part, every day.

That may sound daunting, but here’s one solution that’s as easy as walking or riding a bike: one of the best things you can do for the environment is to bike more, to walk more, or to take public transportation. This Earth Day, give your car a rest.

There’s no question that driving is a strain on our environment, our economy and our health. Transportation is the largest US consumer of petroleum, accounting for twenty percent of US greenhouse gas emissions. High prices aren’t slowing us down, either: last year Americans spent $481 billion on gas, a record high. That’s in part because the number of “extreme commuters”— those who travel ninety minutes or more each way—have been the fastest-growing category.

For all the money (and time) spent, it’s not making us happy. Drawing on a body of research, David Brooks wrote in the NY Times that “The daily activity most injurious to happiness is commuting.” Nor is it making us healthy. Commuting by car raises people’s risk of obesity, increases their exposure to pollution, reduces air quality through hazardous air pollution, and reduces sleep and exercise. Across the US, vehicle exhaust accounts for 55% of nitrogen oxides, and 60% of carbon monoxide emissions. For those driving, and the 25 million Americans living with asthma, this is a bad thing. These reasons and many more, CLF is proud to be affiliated with the Environmental Insurance Agency (EIA) that offers discounted insurance rates for those who drive less.

The portrait is clear: driving is one of the most polluting things we do nearly every day – and we don’t even think about it. If you want to celebrate Earth Day, drive less.

I’ve been a bike commuter my entire adult life. I rode to work in Boston in the mid-1980’s, and now, 25 years later, I’m doing it again. I can tell you that the over those years, the biking culture here in Boston has changed dramatically. When I first began riding, it was very common for me to stop at an intersection and be the only bike commuter. Now, I’m almost always part of a large pack.

A MassBike fact sheet claims that “in 2000, 0.52% of Massachusetts workers 16 and older (15,980 people total) used a bicycle to get to work.” Meanwhile, the League of American Cyclists claims that between 2000 and 2009 bike ridership in Boston increased by 118%. This rise makes sense, given the efforts by Boston’s bike-supporting Mayor Menino and his bike Czar Nicole Freedman, under whose tenure the city of Boston has installed more than 50 miles of bike lanes. Boston’s great bike sharing program, Hubway, also undoubtedly helps. After having been named one of the country’s worst biking cities by Bicycling magazine, last year they named us one of the country’s 26 best.

There’s no doubt we’ve come a long way. Back when I began riding to work in Boston, there was a fend-for-yourself, cowboy sort of attitude. That’s all changed, and for the better. Cyclists follow the rules far more frequently now. This makes for safer travel for all, and gains respect among drivers and the general public for this alternative form of transportation. Biking shares the road, and also reduces the need for public expenditures on roads. By encouraging biking, we make the most of our shared investment in transportation.

We need the same increase in respect for other forms of transit, like buses, subways and trains, which also help us get the most out of our transportation dollars. Instead of continuing to build infrastructure that funnels everyone onto roads across New England, in their cars, we need to share our transportation resources, for our benefit, and the planet’s.

We also need to optimize our transit system for walking, for biking, for trains and for buses. And we need to treat all forms of transportation equally. As CLF’s former President Doug Foy once said at UVA’s Miller Center, “It’s always amazed me that we refer to driving, roads and bridges and then everything else an alternative form of transportation.” Indeed. Isn’t walking the primary form, for all of us? The one we first learned to use? All of these “alternatives” should be equal forms of transportation, with equal access for all.

The growth of urban biking is due in large part, in recent years, to the power of numbers. And the improvement in bikers’ attitudes also continues to help: if you give respect, you get respect. But there’s also something else going on here: You can’t keep a good idea down. Let’s consider a few stats:

• A short, four-mile round trip by bicycle keeps about 15 pounds of pollutants out of the air we breathe. Source: MassBike.
• A 15-minute bike ride to and from work five times a week burns off the equivalent of 11 pounds of fat in a year. Source: MassBike.
• Individuals who switch from driving to taking public transit can save, on average $10,120 this year, and up to $844 a month. Source: American Public Transportation Association APTA

Who wouldn’t want to save money, improve their health, and save the earth? A newspaper put it well when they ran a headline that said, “Commuting to work is ‘bad for your health’ (unless you cycle or go by foot…).”

This Earth Day, ditch the car and pick up your bike. Or go for a walk. And then, when it comes time to go back to work, keep on riding. I’ll see you on the road.

Photo courtesy of Putneypics @ flickr. Creative Commons.

A couple of weeks ago I met a young farmer near Rutland, VT who was stunned to be out plowing his fields in the month of March. At that time the fields are usually knee-deep muddy, if not still covered in snow, ice or the slow-melting crust of the long winter. He was stunned:  if he plows and plants now, what’s going to happen next? How will his crops respond? Should he wait, for something more like a “normal” planting season to return?

These are questions that thousands of us gardeners across New England have been struggling with lately, in the wake of an unseasonably warm spell, and a winter that broke records first for early snowfall, and then low overall snowfall and high temperatures. Looking out our windows when the weather warms, we are drawn to one place: the soil – we long to get our hands in the dirt, and smell the wonderful scents of spring. For the farmer I mentioned above, the decision wasn’t just recreational or therapeutic; the crops for the CSA he recently founded with his partner were at risk. He had to plan carefully, not knowing what lies ahead.

In Vermont, where my wife and I have tended our garden for years, you start your seeds on Town Meeting Day and plant on Memorial Day. But this year, that timeline is way off.

Recently, for the first time in 22 years, the U.S. Department of Agriculture released an updated version of its Plant Hardiness Zone Map. The map charts average winter minimum temperatures, or cold intensity. What this map confirmed in VT is what we have observed anecdotally across New England and the United States: that our world is warming, as this map by the Arbor Day Foundation shows vividly. For the first time in VT, for instance, zone 5b has crept into the southern edges of our state. And the south coast of Connecticut, Rhode Island and Massachusetts includes zone 7a, which is also found in Northern Alabama. The commentary on the new map carefully avoids concluding the shifts are the results of climate change; most gardeners will draw their own conclusions.

For me, the question of whether or not to plant returned me to a question about my greenhouse. Previous owners of our house built a small, traditional greenhouse that helped with the slow and wet transition from winter to spring, with consistency and in the same place for 15 years. It succumbed to the elements recently, and we decided to try smaller, portable hoop houses over our raised beds. They’re more suitable to highly variable temperatures. Where once a rigid structure suited our weather and our needs, that’s no longer the case. We need to be more flexible. More adaptable.

This winter ranks as the 4th warmest nationally since the late 1880s, when climatologists began keeping records. People still consider Memorial Day as a safe time to plant, but the average last frost day is 10 days prior, as Vern Grubinger, University of Vermont Extension vegetable and berry specialist, said in this Brattelboro Reformer article.

What happens when you plan according to tradition, but the seasonal calendar is out of kilter? What happens when convention no longer suits our contemporary reality? These are questions of adaptation, and they apply to backyard gardens – and also flood zone mapping, transportation, and almost everything we do in the natural world. We have to start building differently, for a different world.

And so I wanted to ask you – CLF members, and members of the public alike – how are you adapting? What have you done with your garden this spring?  Are you anticipating odd weather in the months ahead? How will you respond? Please share your comments here and share your photos with us on our Facebook page.

I look forward to hearing from you. And happy planting.

Courtesy of garcycles8@flickr

Entergy owns a tired old nuclear plant on the banks of the Connecticut River in Vermont – a plant it wants to keep running despite escalating costs, threats to the environment and public health, and a history of false promises. 

With old approvals in hand, Entergy continues to operate Vermont Yankee past its scheduled retirement date of March 21, 2012. Entergy’s view of Vermont’s authority seems to be Vermont only has authority to give it a green light.  By Entergy’s warped playbook, any condition of operation or approval would be off limits.

Entergy went to Court last year to challenge Vermont’s authority to regulate that plant. The Court partly agreed with Entergy, but clearly recognized and reaffirmed that Entergy still needs approval from the Vermont Public Service Board to continue to operate Vermont Yankee for another 20 years.  The only limitation is that Vermont cannot regulate radiological health and safety.

In early April the latest claims came about from a response from Entergy and a reply from the State of Vermont.  The State claims that Entergy’s old approvals also require payment by Entergy into Vermont’s renewable development fund and reporting requirements.  These are conditions that are part of Entergy’s old permits.  Though less than clear, Entergy’s position seems to be that only some of those conditions continue to apply.  A later reply on April 9, seems to try and blackmail the state.  Entergy will make these payments but only if Vermont does what Entergy wants – either grant approval or not raise its taxes.  That’s an odd way to do business.

Once again, Entergy is proving to be a lousy partner for Vermont.  Entergy needs to comply or shut down.  If Entergy stays open based on its old approvals, it must meet its obligations to make the payments required by those old approvals.  Continuing its lousy track record of broken promises and thumbing its nose at Vermont is getting as old and tired as the plant itself.

Water is the essential life-giving force on Earth; we literally cannot live without it. Compared to many parts of the nation and the world, New England is blessed with an abundance of clean, fresh water. Yet in overabundance water can also be a powerfully destructive force. Tropical Storm Irene reminded Vermonters of this truism last year when flood waters washed away roads, bridges, homes, and livelihoods. Fortunately, many of the same things New Englanders can do to protect ourselves from flooding also help to keep our water clean and full of healthy aquatic wildlife.

Don’t believe it? Well, to quote the John Fogerty song, “I know it’s true, oh so true, ’cause I saw it on TV.” Vermont Public Television to be exact, which is broadcasting documentary films in the Bloom series produced by the Emmy Award-winning team at Bright Blue Media. The clip below is from the upcoming episode “A New Reverence for Water,” which highlights emerging solutions to the pollution and flooding problems that poorly controlled “stormwater” runoff from the developed landscape are causing in communities throughout New England.

If this clips whets your appetite, you can see the full episode this Thursday at 8:30 p.m. on Vermont Public Television  (or you can watch it on You Tube here), right after another episode showing at 8:00 p.m.–Bloom: The Agricultural Renaissance (also on YouTube here).

CLF advocates (myself included) appear along with regulators, academics, local and national policymakers, and business-people with experience implementing the pollution solutions highlighted in the films. Author and 350.org founder Bill McKibben and United Nations Senior Adviser on Water Maude Barlow are among those also featured in the documentaries that are narrated by Academy Award Winning Actor Chris Cooper.

From Vermont to Portland, Oregon, the documentaries depict pollution solutions and illustrates how simple, affordable changes to our built environment and our food production will help us ensure enough clean water and flood resiliency. It’s truly must-see TV.