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

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

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

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

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

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

“The choice before us is simple. Will we continue to subsidize the dirty fossil fuels of the past, or will we transition to 21st century clean, renewable energy?” – U.S. Senator-elect Elizabeth Warren (D-MA)

 Good question. To us, the choice is crystal clear. There is but one plausible answer if we are to avert the most devastating impacts of climate change. Thankfully, Massachusetts is sending to Capitol Hill two new leaders – Senator-elect Elizabeth Warren and Congressman-elect Joseph Kennedy III – who have declared firm commitments to fight climate change and promote a clean energy future.

They clearly and consistently have pledged to work to end huge giveaways to Big Oil and other dirty fossil fuel interests, and instead to promote investment in energy efficiency, renewables, and home-grown clean energy jobs. They get it that advancing clean energy is essential not only for confronting climate change, but also for promoting jobs and economic development, saving money by reducing energy waste, investing locally rather than sending billions of Massachusetts dollars to unfriendly dirty fuel-producing nations, and reducing health impacts and healthcare costs as we reduce air and water pollution.

CLF is eager to work with Massachusetts’ newly minted Senator-elect Warren and Congressman-elect Kennedy – and the rest of the Massachusetts Congressional delegation – to translate these laudable aspirations into concrete measures.

The election of Congressman Kennedy also heralds a noteworthy new era in a related respect: Kennedy admirably has demonstrated the courage of his convictions in breaking with prominent members of his family – and joining with his predecessor Congressman Barney Frank, Senator-elect Warren, and other members of the Massachusetts Congressional delegation – to support the Cape Wind offshore wind energy project. True, Cape Wind has all of its state and federal approvals and is ready to go. But it can’t hurt to have supportive leaders on Capitol Hill who are ready to fend off last-ditch efforts by dirty energy-funded interests seeking to gin up Congressional witch hunts to derail the project.

Also on election day, Massachusetts residents in seven communities – Beverly, Canton, Fall River, Great Barrington, Salem, Somerset, and Somerville – reinforced a strong and growing commitment to invest in thriving communities through the adoption of the Community Preservation Act. These communities joined 148 other Massachusetts cities towns that have voted to raise their property taxes in order to preserve open space and historic structures, build affordable housing, and develop recreational fields. With more than one hundred Massachusetts communities also having joined the Commonwealth’s Green Communities Program since 2008 to invest in local clean energy initiatives, the people of Massachusetts continue to grow their commitments to invest in healthy, livable communities.

So, what’s next?  One of the biggest challenges ahead during the upcoming Massachusetts legislative session will be to solve the issue of our underfunded and overextended transportation systems.  After all, we need to connect all of these thriving communities more reliably, affordably and with environmentally responsible options.

There comes a time when you just have to say that enough is enough.

That is where we are in the world of climate advocacy.

As Bill McKibben laid out in his essay on Global Warming’s Terrifying New Math we can no longer ignore the deep and fundamental need for action to save our climate, our families, our communities and our environment from catastrophe – and that there are powerful, entrenched and well-financed forces who will do just about anything to thwart our efforts.

The primary tools that CLF employs in the fight for climate protection are law, science and economics.  We fight for a thriving New England in court and work with smart business people to build markets for renewable energy like wind farms and to foster energy efficiency, the clean resource all around us.  And we are fighting to ensure that the governments of the region live up to their pledges to create great places where there is more walking and less driving and more of the remaining cars pollute less. We know that this work is essential if we are going to win the war to save our climate.

Courtesy 350.org

But sometimes we need to do more. One thing we need to do, in addition to our calm and civil lawyerly work, is to get angry and push back in the right ways at the right times and in the right places.  This is the spirit behind the Cape Wind Now! campaign that CLF and its partners have launched to call out the fossil fuel powered interests fighting against renewable energy. It is also the driving force behind the Do The Math tour and campaign led by 350.0rg.

And now it is coming to a concert hall near you. This event is a unique blend of “multimedia lecture . . . organizing rally [and] live musical performance” that is not to be missed. CLF has helped to arrange for this important effort to land at the historic Orpheum Theater in Boston on November 15 – tickets are still available!

Before coming the Boston the tour stops in Portland Maine on November 13 and then off on a cross-country odyssey from New York to Los Angeles, to Seattle and then Colorado and many stops in between and on the way.

An offshore wind turbine in England. Cape Wind is ready to go -- and should be built. Now. Credit: phault @ flickr

11 years. That’s how long we’ve been waiting for the promise of Cape Wind: clean, renewable energy; new, green jobs; reduced air emissions and carbon pollution; energy at a predictable price over the long-term; and energy security. At a time when the evidence of global warming is overwhelming, and the need for jobs critical, unleashing the potential of this home-grown offshore wind project can only be a good thing.

So, why isn’t Cape Wind up and running? Because the Alliance to Protect Nantucket Sound, a pseudo-environmental organization backed and led by fossil fuel magnate Bill Koch, is hell bent on blocking it.

Today we say: enough is enough.

Let’s be clear: this is one of the decisive struggles in the fight for a clean, sustainable energy future, a battle against the fossil fuel industry whose wealth and power have controlled America for far too long.

That’s why CLF is joining with members of the environmental, labor, clean energy, business, scientific and public health communities in support of Cape Wind Now – a campaign to expose Bill Koch’s dirty-energy funded opposition to Cape Wind.

Click here to visit Cape Wind Now >>

Cape Wind is ready to go! It’s cleared every federal and state review, passed environmental muster, been given the go ahead by the Department of the Interior, has long-term contracts for more than three-quarters of its electricity, and has the support of Governor Patrick and 80 percent of Massachusetts citizens. And yet, a Koch-funded and led group is continuing its tactics of deception and delay.

Koch’s Oxbow Corporation is engaged in some of the dirtiest energy activities known to man, including coal mining and the worldwide distribution of petroleum coke, a highly polluting by-product of the oil refining process. As chairman of the board and a major funder of The Alliance to Protect Nantucket Sound, Bill Koch’s dirty fuel fingerprints are all over the opposition to Cape Wind.

With millions of Koch’s billions still filling its coffers, the Alliance is angling to continue to fight Cape Wind to the death. That’s not just a threat to Cape Wind, but to all renewable energy projects that have the potential to loosen the fossil fuel industry’s grip on our country and move us toward a clean and prosperous energy future. And you can bet that if the roles were reversed – and an opposition group was fighting one of Koch’s oil or gas projects – he would do everything in his power to crush them. Ironic, isn’t it?

Bill Koch and his Alliance must not be allowed to determine the future of Cape Wind, when the project has cleared exhaustive environmental and permitting reviews, when a large majority of Massachusetts citizens support it, and when this pioneering offshore wind project promises jobs at such a critical time for our economy and clean energy at a critical time for our planet.

Those who say that coal is cheap and wind expensive need to check their math. The evidence shows that Cape Wind will save electric customers money over the life of the project as it displaces the most expensive dirty power supplying energy to the electric grid.  And if you consider all the costs we pay for dirty energy – environmental, national security, and public health, to name only a few – offshore wind energy is far less expensive than dirty coal energy.

This is a battle where powerful, entrenched dirty energy interests have pitted themselves against emerging clean energy. It is a fight for the citizens of Massachusetts to have the green energy jobs they want and the home-grown energy they need, when they need it.

To be sure, the fight is more than symbolic. For Massachusetts, Cape Wind is the most important clean energy project. For the nation, it’s a bellwether of what’s to come. Will we choose to create a clean energy future, or to repeat our dirty energy past.

We can’t allow dirty energy interests to thwart our clean energy revolution. Not now – not when we’ve come so far. So please, stand with Cape Wind. Stand with Cape Wind Now.

This spring, clean energy is sprouting up all over Massachusetts. The Commonwealth is now in a terrific position to further solidify its promising trajectory and show the nation how it’s done – so long as we take a few critical actions.

By necessity, CLF and others continue to play serious defense. This includes directly confronting the region’s dirty and uneconomic coal plants, and partnering with local advocates to fend off new power generation facilities that would increase air pollution. This work continues to be an essential part of what we do.

But equally important is our work to advance clean energy solutions. This work is about “keeping the lights on” while reducing the pollution that contributes to climate change and worsens asthma attacks and other health impacts. In the wake of some energizing recent events, let’s take a moment to reflect on the progress we’re making in Massachusetts on the clean energy solutions side of the equation and what we need to do to keep it up.

Governor Patrick Fires Up the Troops

In a rousing and inspired clean energy address before over 200 clean energy leaders last week, Governor Patrick touted Massachusetts’s long list of recent clean energy achievements. It’s an impressive list, including a suite of forward-looking clean energy laws enacted in 2008: the aptly named MA Green Communities Act, Global Warming Solutions Act, and Green Jobs Act. These policies not only are reducing power plant pollution, they also helped spur the clean energy sector to become one of the few bright spots in the recent recession – with more than 60,000 new clean energy jobs in MA alone. At a time when families are struggling, this is indisputably good news.

Particularly inspiring was the Governor’s connecting of clean energy dots: as he noted, we can replace all of Massachusetts’ remaining dirty and uneconomic coal-fired power plants with clean offshore wind. This isn’t pie-in-the-sky futuristic thinking. We already have the tools we need to get the job done. With further contributions from other renewable energy resources, we can redirect the billions of dirty fossil fuel dollars Massachusetts currently sends out of state and instead re-power the Commonwealth with clean alternatives that promote local jobs and improve public health.

Reinforcing that everyone can and should be part of the solution, Boston Bruin Andrew Ference joined the Governor in touting the Massachusetts green revolution. Ference leads by example: he conserves energy by riding a bike, walking or taking the “T” to get around, recycling and composting. All of these simple and healthy alternatives reduce energy waste and associated energy impacts. And the Commonwealth must continue to bring the same dedication and ferocity to the fight for clean energy as Ference does to the rink.

Toughest environmentalist around Andrew Ference May 30, 2012

Cape Wind Hearings Reflect Major Shift

Further evidence of the clean energy revolution in Massachusetts came through a series of Department of Public Utilities (DPU) public hearings in May. The hearings provided opportunities for the public to comment on a 15-year contract for the sale of some of the Cape Wind offshore wind energy project’s output to NSTAR electric. Even at the hearing on Cape Cod, where some opposition long has simmered, Cape Wind supporters vastly outnumbered opponents. The shift more strongly in favor of clean energy was palpable. Dozens of people lined up, often waiting for hours to say that they are willing to pay a modest premium for clean energy from Cape Wind.

One notable dynamic that was not reflected in media reports: an overwhelming number of young people and parents spoke in support of purchasing Cape Wind’s clean power. It’s about choosing a thriving future.

Massachusetts is on a roll. But we cannot afford to stall out just as we’re on the crest of the clean energy wave. Here’s what we need to do now:

• Enact MA Green Communities Act Part II. The 2008 MA Green Communities Act has been a resounding success, propelling Massachusetts to the head of the nation with respect to reducing energy waste, saving Massachusetts hundreds of millions of dollars (and counting), and giving a much-needed boost to the deployment of clean, locally available renewable energy sources such as wind and solar. But some of the Act’s modest programs soon will be maxed out. Fortunately, the MA Senate recently took action through Senate Bill 2214 to build upon the 2008 Act’s key renewable energy programs. Now, we look to the MA House of Representatives to take action to advance these key clean energy measures to the Governor’s desk by July 31.

• Fully implement the Massachusetts Global Warming Solutions Act, including the adoption of regulations to reduce greenhouse gas emissions. The 2008 Global Warming Solutions Act requires Massachusetts DEP to adopt regulations to keep Massachusetts on track to meet its clean energy and climate objectives. Among other advantages, such regulations will provide clear signals to the burgeoning market for clean energy alternatives, and will ensure that global warming pollution is reduced gradually over time. Despite the law’s clear mandate, DEP blew the January 1, 2012 deadline for adopting these critically important regulations. To ensure MA stays on track to meet its 2020 target, it’s essential that DEP take action to adopt smart, effective regulations without further delay.

• Get Cape Wind over the finish wire. More than a decade in the permitting and environmental review process, this project is primed to go forward and begin delivering huge amounts of clean power. CLF will continue to advocate before the Massachusetts DPU for approval of a 15-year contract for Cape Wind to deliver 27.5% of its output to NSTAR Electric customers.

There’s no question that Massachusetts has made tremendous progress on clean energy in the past few years. But as the Governor wisely noted in his clean energy address last week, “winners don’t stand still.” So, Massachusetts, let’s keep moving!

Starting tonight, public hearings will be held around the state on the Cape Wind / NSTAR long-term power purchase agreement. These hearings provide a key opportunity for people to attend and voice their support for this critically important and long-overdue clean energy project.

Note that these hearings are not an opportunity for resurrecting a tired old debate regarding whether or not Cape Wind should be built. State and federal authorities – as well as the strong majority of people of Massachusetts – have answered that question with a resounding YES after over a decade of review. The focus here is on the long-term Power Purchase Agreements signed between Cape Wind and NSTAR.

Hearings will be held at the following locations at the following times:

Natick, Massachusetts
Tuesday, May 22, 2012 at 7:00 p.m.
Natick Town Hall
13 East Central Street
Edward H. Dlott Meeting Room
Natick, Massachusetts 01760

Barnstable, Massachusetts
Wednesday, May 23, 2012 at 7:00 p.m.
Barnstable High School, Knight Auditorium
744 West Main Street
Hyannis, Massachusetts 02601

Boston, Massachusetts
Wednesday, May 30, 2012 at 7:00 p.m.
Department of Public Utilities
One South Station, 5th Floor
Boston, Massachusetts 02110

Recent polls confirm that the people of New England overwhelmingly recognize the need to address the threat of climate change and are willing to pay more for clean energy. With Massachusetts electric bills at a six-year low, the NSTAR/Cape Wind contract would only cost a small premium – about a dollar a month for the average residential customer.  And whenever fossil fuel prices increase again, as they always do, that premium will shrink to an even smaller amount – all while Cape Wind reduces our dependence on polluting and uneconomic fossil fuels like coal. So please join CLF and others in attending these hearings and voicing your support!

Steven Syre, in his widely read Business news column in the Boston Globe, delves into one of the many important aspects of the settlement between the Commonwealth of Massachusetts and Northeast Utilities and NStar, setting the stage for those two utilities to proceed with their plans to merge. As he notes, most of the attention (understandably) about that settlement has been focused on the provision regarding the purchase of power, by NStar on behalf of its customers, from the Cape Wind project.

However, Syre discusses the provisions of the settlement regarding imports of power from large hydroelectric facilities in Quebec into New England. He notes that the settlement includes a commitment by the Massachusetts utilities signing the agreement that they would not use any large hydropower to meet state-mandated renewable energy targets for the next five years and describes the concerns that lead to this conclusion.

Syre describes how, “State officials and others point to several reasons why it would be a bad idea to count hydropower as a source of power that qualifies as renewable energy. They say that such a designation could increase the price of hydropower and hinder the long-term development of other forms of renewable energy.”

He notes that:

“Other critics even think Hydro-Quebec’s environmental benefits are being oversold. A new study commissioned by the Conservation Law Foundation says large-scale Canadian hydropower will produce ‘substantial greenhouse gas emissions that are comparable to those of modern natural gas-fired power plants.’”

CLF’s take on the agreement grows out of our deep involvement in the merger proceeding and our engagement with many issues that are addressed in the settlement. These include both the Cape Wind project and the questions about the net environmental impact of large hydroelectric power. CLF commissioned the study that Syre discusses, as well as a related analysis that highlights the existential threat to New England-based renewable power from designating large hydropower as eligible for financial incentives under our renewable energy laws.

All of the provisions of the agreement work together to move towards the goal of net gain for the customers of the merging companies and movement towards attaining the important environmental goals of Massachusetts. As Sue Reid of CLF, our lead advocate on the merger, said about the settlement, it is a significant advancement for Massachusetts and all of New England in a number of regards:

• It removes the last major hurdle to building Cape Wind;
• It ensures that the Commonwealth will continue to reap the cost savings and environmental benefits of the Massachusetts Green Communities Act;
• It will help ensure that imported hydropower does not diminish other renewable energy deployment in Massachusetts and beyond;
• It will reduce barriers to installation and operation of small, distributed renewable energy generating facilities in Massachusetts; and
• It will freeze the merged utility’s rates for 4 years, will require transparent public review of NSTAR’s electric and gas rates before the rate freeze expires, and will deliver – upon approval of the merger – an immediate 50% credit to Massachusetts customers based on expected merger savings during the first 4 years following merger approval.

All of these provisions are significant and are reason to hail this agreement as an important landmark in the evolution of our energy system and the march towards a cleaner and better future where our economy, environment and communities can all thrive.

Today, the Patrick Administration reached a breakthrough settlement agreement in the proposed merger between NStar and Northeast Utilities, which, if approved, will create one of the country’s largest public utilities. The agreement is a big win for renewable energy, as it positions Massachusetts to finally unleash the power of Cape Wind, our region’s most promising new clean energy source, and to lead the rest of the country forward on offshore wind.

The settlement ensures that this powerful new utility will be in lockstep with Massachusetts’ nation-leading clean energy policies and propel the state forward instead of backwards in implementing them.

This is a significant advancement for Massachusetts and all of New England in a number of regards:

• It removes the last major hurdle to building Cape Wind;
• It ensures that the Commonwealth will continue to reap the cost savings and environmental benefits of the Massachusetts Green Communities Act;
• It will help ensure that imported hydropower does not diminish other renewable energy deployment in Massachusetts and beyond;
• It will reduce barriers to installation and operation of small, distributed renewable energy generating facilities in Massachusetts; and
• It will freeze the merged utility’s rates for 4 years, will require transparent public review of NSTAR’s electric and gas rates before the rate freeze expires, and will deliver – upon approval of the merger – an immediate 50% credit to Massachusetts customers based on expected merger savings during the first 4 years following merger approval

We applaud the Administration for recognizing that a lot of ground needed to be made up in order for this merger to benefit the public and for covering that ground with thoughtful terms that benefit ratepayers and the environment both in the short and the long-term.

For the press release, as well as background materials on CLF’s long standing engagement on this issue, click here.

The Cape Wind offshore wind project moved one big step closer to construction yesterday when the Massachusetts Supreme Judicial Court (SJC) affirmed the MA Department of Public Utilities’ (DPU’s) finding that the project’s costs are reasonable in light of the many benefits it will bring.

Massachusetts’s highest court upheld the November 2010 decision of the DPU, which approved a critically important contract between Cape Wind and National Grid in which the electric utility agreed to purchase half of Cape Wind’s output. Cape Wind opponents had appealed the DPU’s decision— the latest in an endless stream of ill-fated maneuvers intended to block the nation-leading clean energy project from being built.

CLF intervened in the appeal proceeding with fellow environmental groups NRDC and Clean Power Now, making the case that the DPU’s extensively-researched decision showed clearly that Cape Wind’s benefits would outweigh its costs. Among these benefits is the project’s close proximity to areas of high electricity demand, which gives it logistical advantages over obtaining power from more distant energy projects that have been proposed.

The High Court’s validation should make it easier for Cape Wind to secure a buyer for the other half of the wind farm’s output and attract project investors to help finance construction. When built, after more than a decade of exhaustive reviews, Cape Wind will be the nation’s first offshore wind project.

Encouraged by yesterday’s decision, Jim Gordon, president of Cape Wind, spelled out some of the benefits Massachusetts residents could anticipate when Cape Wind is built, including, “creating up to 1,000 jobs, providing Massachusetts with cleaner air, greater energy independence and a leadership position in offshore wind power.”

We at CLF say, “Bring it on…not a moment too soon!”