Today, the Massachusetts Supreme Judicial Court decided to uphold the comprehensive permit for Cape Wind’s transmission lines issued by the state’s Energy Facilities Siting Board (EFSB)–a welcome and much-anticipated milestone for the nation’s first major offshore wind energy project. CLF has been actively involved in moving the ball forward on Cape Wind throughout its nine-year review and permitting process, and we’re thrilled that Cape Wind will finally have an opportunity to to move forward and provide Massachusetts with clean, renewable power.

Here’s what CLF Staff Attorney Shanna Cleveland had to say on the subject:

“The Court thoroughly reviewed the extensive record in this case and correctly concluded that the state siting board rigorously scrutinized the project and fulfilled its obligation to safeguard the public trust. Cape Wind will provide electricity without producing any harmful greenhouse gas emissions, and its clean energy benefits are expected to significantly outweigh its impacts. The Court’s affirmation of Cape Wind’s comprehensive state permit is a significant step on the path toward a clean energy future for New England and the nation.”

Check out clf.org for the full press statement>>

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News of an “unusual event” at a nuclear power facility is not comforting.  It is particularly troubling when no details are given, and the source is the same entity that has provided false and incomplete information in the past.

What is clear is that there are continuing problems at the Vermont Yankee nuclear facility.

CLF has called for the plant to be shut down now.  Leaks since January are continuing to pollute our environment and harm our economy.

CLF recently submitted detailed legal analysis showing that Vermont regulators have the authority and the obligation to take action in response to the leaks. 

Let’s STOP the “unusual events.”  Enough is enough.

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After months of political and legal muscle flexing to bully the Board of Environmental Protection into setting an extremely aggressive hearing schedule, the proponents of a liquefied natural gas import and regasification industrial facility on the shores of Passamaquoddy Bay sought and obtained a last minute postponement.  Why? The official story is that the BEP didn’t want to make their decision without certain information that Calais LNG failed to submit in response to comments they received three months earlier from two state agencies concerning impacts on wetlands and fisheries. We think there’s something else going on.  Perhaps the project’s financial backers, a shapeless subsidiary of Goldman Sachs, got tired of wasting money.  Or perhaps Calais LNG recognized the significant weaknesses and impacts of the project as set forth in testimony by CLF and others. Regardless, the request for a delay and the granting of that request only favors the applicant, giving it more time to address flaws, and disfavors the citizens and organizations who were forced to meet the expedited schedule that Calais LNG so stridently sought.

A whale in Passamaquoddy Bay, the proposed site of the Calais LNG Facility.

Why is CLF opposed to building a LNG facility in Passamaquoddy Bay in the first place?  Well, to begin with, there is no need for a project of Calais LNG’s size anywhere in New England, and there is certainly no reason to put one in the pristine coastal area of Passamaquoddy Bay.  The annual increase in natural gas consumption in the Northeast region through the year 2035 across all energy use sectors is projected by the U.S. Energy Information Administration (EIA) to be under one percent. EIA estimates all natural gas needs can be met from the region’s existing LNG terminals, never mind the huge potential of domestic gas in the Northeast from tight shale formations.

But if there is so much natural gas in the area, then why does New England remain so dependent on heating oil as a fuel source?  The quick answer is that there is a lack of infrastructure for natural gas, especially in Maine, and that many users are hesitant to pay the upfront costs associated with switching to natural gas.  But despite promises by Calais LNG that its project will help to make this switch, this project will at best increase the supply of natural gas for a market already over-supplied.  It will do nothing to help Mainers switch from oil to natural gas to heat their homes, not even in Calais.

And while the energy benefits of building Calais LNG would be minimal, the environmental costs would be huge.  The proposed $1 billion project would include a 67-acre terminal site with two LNG storage tanks, a two acre pier, and a 20-mile natural gas pipeline connecting to the Maritimes&Northeast Pipeline. Although Calais LNG convinced the BEP to ignore the issue, if the project were built it would also require that a new pipeline run parallel to the existing M&NE pipeline, all 254 miles of it, with attendant impacts as well.  The construction and operation of the facility would result in the industrialization of Passamaquoddy Bay and would have permanent environmental impacts on the area’s wetlands, fisheries, wildlife and scenic character.

And since this is Maine…what about the lobstermen?  The development would significantly harm the area’s aquaculture, lobster, and fishing industries; three of the few viable industries left in Washington County.  Calais LNG will try to argue that they’ve come up with an ingenious solution to avoiding fishing impacts.  During the American lobster season, LNG carriers will only transit in Canadian waters, thereby avoiding any delays and gear loss.  Unfortunately for Calais LNG, Canada has continued to state, as recently as June, that they will not allow American LNG tankers in Canadian water.

So, while we are frustrated that the hearing has been delayed, we’re confident that Calais LNG will be just as bad of a proposal in the fall when the hearing is rescheduled as it is in the summer.

If nothing else, this week’s debacle should make the Board question the merits of deciding proposals of this magnitude on such a frenzied schedule.  This isn’t the first time the state has spent considerable resources on potential LNG projects only to have the applicants withdraw unannounced.  Two years ago, Downeast LNG, who plans to re-file this summer, withdrew their permit application right after a week-long BEP hearing.  As is often said, fool me once, shame on you.  Fool me twice, shame on me.

Learn more:
Read news coverage on the issue in the Portland Press Herald,  Bangor Daily News, and MPBN.net

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Today, the Patrick Administration issued a letter to the Massachusetts Department of Energy Resources in which Energy and Environmental Affairs Secretary Ian Bowles provided directives regarding biomass policy for the state. Massachusetts has been looking closely at the climate impacts of this fuel source, which involves burning woody material from New England’s forests to produce heat and electricity. The new criteria, developed using the latest scientific data available in the field, will provide a means of evaluating whether potential projects should qualify for renewable energy incentives.

Here’s what CLF Senior Attorney Sue Reid had to say on the issue:

“The Patrick Administration’s new directive on biomass policy is a major step forward on a very complex and hotly disputed issue. The directive draws on the latest available science about the potential climate impacts of this ages-old energy source, and ensures that renewable energy incentives are directed only toward projects that will help the state reach its aggressive greenhouse gas reduction goals and protect Massachusetts forests.  We are also pleased that this directive shuts the door on incentives for projects that would combust contaminated construction and demolition debris, a risky business that poses significant environmental and public health threats.  Propelled by truly robust citizen advocacy, emerging science and bold leadership, Massachusetts again is leading the nation on climate policy and closing the biomass carbon accounting loophole.  The Conservation Law Foundation urges leaders in Washington to take heed, and looks forward to ensuring expeditious implementation of this critical new biomass policy in Massachusetts.”

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In documents filed today in Providence, CLF continued its fight to ensure that Rhode Island’s renewable energy laws are fair and equitable in the interest of delivering successfully on the state’s renewable energy vision. The battle was waged as a result of recent moves by the Governor and the legislature to undermine the process for evaluating renewable energy projects, starting with the case of a proposed 8-turbine wind farm to be built off the coast of Block Island by offshore wind power developer Deepwater Wind. 

In those documents, CLF said it would show that the amendments to the Long-Term Contracting Statute signed into law by Governor Carcieri on June 16, 2010 are unconstitutional and that a second review of the Deepwater Wind/National Grid Power Purchase Agreement by the Public Utilities Commission (PUC) is unlawful. The Power Purchase Agreement between Deepwater Wind and National Grid was already reviewed and rejected by the PUC in April 2010 on the grounds that it was not “commercially reasonable.” In its filings, CLF moved to dismiss Docket #4185 and to not move forward with the case until the PUC has ruled on the questions raised by its Motion to Dismiss. CLF’s Motion to Dismiss states that some portions of the Governor’s Long-Term Contracting Statute violate the Constitutional doctrine of separation of powers, which requires that “all laws be made for the good of the whole.” Here’s what Tricia K. Jedele, CLF vice president and director of its Rhode Island Advocacy Center, had to say on the issue:

“Renewable energy is too important to this state to do it in a way that could threaten its chances for success. This highly unpopular law designed to push through one project that favors one developer is poised to trip up all legitimate projects that follow it. While it seems counter-intuitive to oppose a proceeding engineered to green-light a beneficial project, we believe unequivocally that a fair and open process and a level playing field for all comers must be at the heart of renewable energy development. Ultimately, it must be done right if it is to succeed.”

More: Read the full news release on clf.org>>

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CLF advocates put a public face on the largely private battle over the future of the Vermont Yankee nuclear power plant at last night’s event in Brattleboro, VT. The event drew engaged residents of Vermont as well as New Hampshire and Massachusetts.

CLF experts in attendance included Vermont Advocacy Center Director Chris Kilian, New Hampshire Advocacy Center Director Tom Irwin, and Staff Attorneys Sandy Levine (of Vermont) and Sue Reid (of Massachusetts). The advocates spoke about the current situation surrounding the plant and discussed what power in New England would look like in a future without Vermont Yankee, stressing the need to replace outdated power sources like Yankee with clean energy alternatives that will generate safer, greener jobs and spur economic development in the region.

Following the presentation, CLF advocates took questions from the thoughtful, engaged citizens in attendance for over an hour. According to CLF Communications Director Karen Wood, who attended the event along with Special Events Manager Amy Chapin:

“Questions ranged from what kind of monitoring is being done and is more extensive monitoring planned, to do our voices and comments have any bearing on the decisions of the PSB, to whether eliminating Yankee would just make room for other dirty power to fill the gap. Many residents stayed after to speak with each other and with CLF advocates.”

And if the goal of the event was merely to stir up some publicity, it succeeded in that regard as well. The meeting was captured on film by representatives from student environmental journalism initiative “Powering a Nation” as well as a documentary filmmaker who is producing a film about Vermont Yankee. For more immediate press, read this detailed article about the event that ran today in the Brattleboro Reformer along with this one from the Rutland Herald.

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One month ago today, a massive explosion on the Deepwater Horizon oil rig in the Gulf of Mexico took an immediate and devastating toll on the lives of 11 families. Today, we are grappling with an environmental crisis bigger and more severe than anyone could have imagined—one that is endangering Gulf Coast residents, threatening the health of our oceans and marine life and costing billions of dollars in cleanup efforts.

You can help.

Send a message to President Obama asking him to halt new proposals for oil and gas drilling in U.S. waters and focus our resources on building a clean energy economy that means more jobs, less pollution and real energy independence.

Click here to participate in CLF’s action alert and ask President Obama to halt new oil and gas drilling and invest in a clean energy economy. There’s no time to wait.

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In response to objections regarding the cost of Cape Wind, CLF and 12 other organizations issued the following statement:

The news this week that National Grid has officially filed its contract proposal with Cape Wind is great news for everyone in our state who breathes the air and believes we need to reduce our dependence on foreign oil and fossil fuels in general. Any estimate of the real costs of Cape Wind must factor in the economic, environmental and public health benefits to consumers and the Commonwealth over the long-term. In addition to knowing how much the power from Cape Wind will cost, the public should also know how much it will save them. To accurately estimate the value of our investment in Cape Wind, we can’t just focus on short-term increases to electric bills – pennies per day, on average – but must consider the savings over time.

By making a 15-year commitment to supply customers with clean wind power, National Grid and Cape Wind together are taking an essential step toward bringing the nation’s first offshore wind project to life while delivering substantial economic and environmental rewards. As the contract goes through rigorous public scrutiny, we call upon the public and state decision-makers alike to ensure that it is compared to other electric power agreements on an apples-to-apples basis that fully credits the expected benefits.  These include:

▪  Because Cape Wind’s fuel is free, the long-term power purchase agreement can – and will – ensure price predictability over the long term, moving consumers off the volatile fossil fuel price roller coaster.

▪  The project’s zero fuel cost means that when the wind blows, Cape Wind will be first in line to deliver power to consumers – forcing the most expensive polluting fossil fuel-fired power plants to run less, reducing the market price for electricity and saving customers millions of dollars.

▪  The contract price, initially set at 20.7 cents per kilowatt hour, is an “all-in” price that includes not just the price of the electricity but also the transmission, renewable energy incentives that are required by law, the project’s capacity to contribute to the regional electric supply, and other environmental benefits.  It is inaccurate to compare this price to the stand-alone price of traditional electricity.

▪  Any comparison of Cape Wind’s contract price to the price we currently pay for traditional power must take into account the extraordinary environmental and public health costs of ongoing reliance on fossil fuels – including the costs of addressing the growing oil drilling catastrophe in the Gulf, increasing climate change impacts, and air pollution from coal plants that worsens lung and heart conditions.

▪  By making long-term price commitments, Cape Wind and National Grid are placing the risk of any increased development cost squarely on the shoulders of Cape Wind, not ratepayers.

▪  Cape Wind will bring significant economic development opportunities to the Commonwealth, from quality construction jobs to ongoing maintenance and operation, and will propel Massachusetts to the national forefront of offshore renewable energy development.

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We know that many of you have unanswered questions about Vermont Yankee and its impact on your community. Join CLF’s team of experts and fellow community members for a discussion about Vermont Yankee, our vision for a clean energy future and how we can get there.

Now is your chance to join in the discussion – and get answers to the questions you may still have.

Vermont Yankee Q&A
Thursday, June 10th
6:00-8:00pm
The River Garden
157 Main Street
Brattleboro, VT

RSVP to events@clf.org or by calling 800.370.0697 x760 by June 7th. We hope to see you there!

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Salem Harbor Station in Salem, MA is one of the coal-fired power plants in New England still in operation.

The recent debacle that unfolded in the Senate last weekend over climate change legislation in the pipeline makes our message loud and clear–now more than ever, our senators need our support to pass energy and climate change legislation.

For those of you who haven’t been following this story, here’s the gist: On Sunday, Senators John Kerry (D-MA), Joe Lieberman (I-CT) and Lindsey Graham (R-SC) were set to introduce bipartisan climate change legislation until Graham pulled out at the last minute,  sending climate change advocates into a tailspin.

The new legislation would reduce greenhouse gas emissions, promote the development of alternative energy sources, and create an innovative cap and trade program. Without it, our country will remain dependent on foreign oil and dirty power sources that pollute our communities and prohibit us from creating millions of new jobs in the clean energy sector.

But it’s not too late. Senators have spent months laying the groundwork for the passage of the climate bill, and we won’t let their hard work go to waste. As New Englanders, we’re accustomed to leading the nation in environmental efforts, from the Regional Greenhouse Gas Initiative to clean cars legislation. Now is our time to become leaders again, and YOU can help by sending a letter to your senators and ask them to stand up for the environment in your region by passing clean energy and climate legislation.

Click here to send a message to your senators to pass federal climate change legislation>>

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