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.

U.S. Supreme Court Justice John Paul Stevens’ announcement that he will retire from the United States Supreme Court will bring some much needed attention to the larger issue of judicial nominations under the Obama Administration. 

These days, it is hard to  find a good word to say about the ultraconservative majority of the United States Supreme Court that Justice Stevens has tried, with limited success, to counterbalance.  That’s especially true for those who care about clean water (query: because clean water is fundamental to human survival and prosperity, shouldn’t we all care about clean water?)  In a few short years, the Roberts’ Court’s rulings have managed to seriously undermine and restrict one of America’s most important and successful laws–the Clean Water Act. 

For example, the NewYork Times recently reported on the chaos one of the Court’s rulings has created:

Thousands of the nation’s largest water polluters are outside the Clean Water Act’s reach because the Supreme Court has left uncertain which waterways are protected by that law, according to interviews with regulators.   As a result, some businesses are declaring that the law no longer applies to them.  And pollution rates are rising.

A majority of these Justices seems intent on handing down a death sentence to the Clean Water Act

In another example from 2009, Coeur Alaska v. Southeast Alaska Conservation Corps., the Court badly misinterpreted the CLEAN WATER ACT to reach the conclusion that a gold mining operation was entitled to a permit allowing it to discharge “210,000 gallons per day of mining waste into Lower Slate Lake, a 23-acre subalpine lake in Tongass National Forest,” even though the ” ‘tailings slurry’ ” would “contain concentrations of aluminum, copper, lead, and mercury” and would “kill all of the lake’s fish and nearly all of its other aquatic life.” 

President Obama has an important opportunity, actually I would argue it’s a responsibility, to rebalance the federal judiciary after years of ultraconservative domination and transformation.  (If you want to understand how the judiciary was so effectively radicalized by the right, read Jeffrey Toobin’s book “The Nine: Inside the Secret World of the Supreme Court.”).  The administration’s slow pace and cautious character in nominating people to fill court vacancies has been drawing criticism since November of last year as evidenced by this New York Times editorial.  Unfortunately, recent reporting in the L.A. Times indicates that President Obama still hasn’t made much progress due to a combination of White House inattention and timidity and Republican obstructionism in the Senate.

Terrible judicial decisions, like those discussed above, are turning this country’s essential environmental protection laws on their heads and at the same time putting the public health and environmental sustainability of this country at great risk.  America has some excellent environmental laws.  To be sure, we need to make them stronger to deal more effectively with newly-understood challenges like global climate chaos.  But when we have judges who are ideologically unwilling to affirm the pollution-controlling principles set forth in the laws, we have no hope of achieving the level of environmental protection essential for our continued national prosperity.  

If we want to ensure that our environmental laws work to keep us healthy and happy, we must urge President Obama to follow the lead of Franklin Delano Roosevelt in appointing judges like the late Supreme Court Justice William O. Douglas. 

Former Supreme Court Justice William O. Douglas understood the purpose of our environmental laws and the values that motivated their enactment by bi-partisan majorities of Congress

Justice Douglas truly understood the values that informed Congress’ adoption of such successful laws as the Clean Water Act, the Clean Air Act, the National Environmental Policy Act, and the Wilderness Act.  In his 1961 memoir “My Wilderness; East to Katahdin,” Douglas expounded on the value of rivers as public resources:

“Rivers are choice national assests reserved for all the people.  Industry that pours its refuse into rivers and the other commercial interests that use these water highways do not have monopoly rights.  People have broader interests than moneymaking. Recreation, health, and enjoyment of aesthetic values are part of man’s liberty.  Rivers play an important role in keeping this idea of liberty alive.”

For this and all the other ideas of liberty that are threatened by a judiciary dominated by radical conservatives, we must take action.  Call or email the White House and ask president Obama to find us the men and women who will follow in the tradition of Justice Douglas, and help the president fight to get them appointed to the federal courts.

Yesterday’s Boston Globe editorial in response to Monday’s New York Times article on the Clean Water Act makes the point that Massachusetts is in a unique position because the state’s waterways are regulated under a more flexible state water act enforced by the Massachusetts Department of Environmental Protection (DEP). However, that’s not a panacea. Massachusetts must still support and enforce the terms of the federal Clean Water Act to keep pollution at bay.

While the DEP may enforce discharge permits in Massachusetts, it’s the federal Environmental Protection Agency (EPA) that has primary responsibility for issuing them. Two US Supreme Court decisions in 2001 and 2006 have undermined the authority of the EPA by calling into question what defines a waterway eligible for protection under the Clean Water Act.  The confusion over which of these waterways are legally protected has left 52% of Massachusetts’ waterways at risk for increased pollution, because EPA is no longer asserting its jurisdiction to regulate pollution flowing into them.

Congress needs to act quickly convey that the Clean Water Act applies to all waterways and must be enforced broadly and effectively.

The Clean Water Restoration Act, first introduced in Congress in April 2009, would amend the Clean Water Act to clarify that the Act applies to all US waterways as it did prior to the Supreme Court decisions. Passing the CWRA will send a message to polluters that all waterways merit equal protection under the law, and that the EPA will continue to enforce the terms of the CWA to prevent further environmental damage.

If we want clean waterways, not just for Massachusetts but throughout New England, here’s our chance to make sure that the EPA has full authority to do its job right, by passing the Clean Water Restoration Act.

Support the Clean Water Restoration Act

There is nothing more gratifying for CLF advocates than to be able to work with our members in translating big-picture policy goals down to the local level.  Over the last couple of years, I had that opportunity as a result of the City of Burlington’s efforts to adopt a stormwater pollution control ordinance to ensure that Vermont’s biggest city was doing its part to prevent pollution to Lake Champlain.  The idea was the brainchild of CLF member Scott Mapes, a lawyer and engineer who specializes in low impact development techniques to manage stormwater runoff.

As a member of the City’s Conservation Commission, a long-time lover of Lake Champlain, and a regulation-savvy lawyer, Scott was the City’s clean-water conscience and a driving force that overcame bureaucratic inertia to get the ball rolling on  this major project.  Scott’s principled persistence gradually led to enthusiastic buy-in at the highest levels of city government.  His multi-year effort to get the City to take stormwater more seriously was really something to watch.  As the process matured, CLF had a chance to weigh in by reviewing drafts of the ordinance, providing guidance and legal research assistance, and echoing Scott’s message that adoption of the ordinance was necessary for full compliance with the Clean Water Act.

After this experience working with Scott, it came as no surprise to read the headline in today’s Burlington Free Press announcing “Burlington man honored for stormwater efforts.”  In recognition of his work on the stormwater ordinance, Scott was named “Citizen Planner of the Year” by the Northern New England Chapter of the American Planning Association and he received a similar award today from the Vermont Planning Association.

Congratulations to Scott and to all CLF members who advance CLF’s mission through their support of the organization AND their leadership on the local level.

Warning: Bigger, faster, and more abundant mosquitoes may be breeding in a river or stream near you.   A new scientific study presented at this month’s meeting of the Ecological Society of America reaches the scary conclusion that mosquitoes–carriers of the West Nile Virus and other diseases–thrive in waterways contaminated by sewage.  As if we needed even more public health reasons to clean up and prevent sewage pollution!

Scientists have concluded that sewage spills and overflows are a boon to these bloodthirsty pests.

Sadly, untreated sewage pollution still flows regularly into many of New England’s rivers and streams as a result of sewage spills from aging or improperly maintained sewage collection and pumping systems.  For example, when a rupture in a Burlington, VT city sewage collection pipe went unrepaired for 8 days in 2005, it released approximately 4 million gallons of raw sewage into the river until sewage treatment plant operators finally addressed the problem.  In the wake of this high-profile incident, CLF led the effort for passage of the “spill bill”–a Vermont law that requires sewage treatment plant operators to undertake enahnced sewage spill prevention and emergency response measures and to notify the public when sewage spills occur.  The public has a right to know when its waters are being contaminated with spilled sewage (this Agency of Natural Resources web site includes a report of all recent spills) and to demand that action be taken to prevent sewage overflows through regular maintenance and greater investment in clean water infrastructure.

As with so many other important environmental and public health issues, CLF’s efforts in one of the New England states are helping to lead the country toward a future with cleaner water.

Currently, Congress is debating passage of the S. 937 “Sewage Overflow Community Right to Know Act.”  Like the Vermont law championed by CLF, this bill would amend the Clean Water Act to require mandatory reporting of sewer spills and the cleanup, mitigation, and prevention measures adopted as a result.  According to our friends at American Rivers in D.C., the bill has passed through the House of Representatives and through the Senate’s Environment and Public Works committee.  With your help, the Clean Water Act will soon ensure our collective right to know when our rivers, streams, lakes, and beaches have been contaminated by raw sewage.  Ask your Senator to cosponsor S. 937 and to work for its passage this year– in the meantime be sure to stock up on citronella and bug dope…

This year marks the 400th anniversary of the “discovery” of Lake Champlain by the French explorer Samuel de Champlain. Of course the Lake’s been there for more than 400 years and de Champlain was certainly not its first human “discoverer.”  Putting aside the anthropological and historical debates, we here at CLF think it’s always a good time to celebrate the many important roles that water bodies such as Lake Champlain–one of the largest freshwater lakes in the country–play in our lives.

Phosphorus pollution causes blue-green algae blooms, like this one that appeared in Lake Champlain's Missisquoi Bay in 2007. (Image Source, Vermont Department of Health)

Alas, there hasn’t been much to celebrate when it comes to water quality in many parts of Lake Champlain that are plagued annually with “blooms” or “scums” of blue-green algae caused by excess phosphorus pollution.

This pollution comes from a variety of sources including manure and other agricultural wastes, polluted storm water runoff from parking lots, rooftops, streets, and other developed areas, and from sewage treatment plant discharges.

Last week, the Vermont Health Department posted its first health advisory of the summer, warning of blue-green algae sightings in Lake Champlain’s Missisquoi Bay, Shelburne Bay, and even traces of the scum were spotted in the water off Red Rocks Park–a popular swimming location in Burlington.

As the Health Department’s advisory warns, blue-green algae can do more than just make the water look nasty.  When blue-greens are blooming the Health Department advises as follows:

• Avoid contact with algae-contaminated water.
• Do not swim or bathe in the water. Remember that children are considered to be at higher risk because they are more likely to drink the water.
• Monitor water intakes for private residences. If you see algae present near the intake, switch to an alternate safe source of water.
• Do not use algae contaminated water to prepare meals or brush teeth. Boiling water will not remove toxins.
• Do not allow pets in algae-contaminated water.

While this depressing news can give lake lovers the blues, there is cause for hope.

Earlier this month, the Vermont Environmental Court struck down a permit issued by Vermont’s Agency of Natural Resources (ANR) to the City of Montpelier’s sewage treatment plant, reasoning that the permit–which would have allowed the City to more than double its load of phosphorus pollution to Lake Champlain–violated the federal Clean Water Act.

This is a major victory for CLF and the Lake Champlain Lakekeeper in the broader efforts to reduce pollution in the lake at a time when Vermont is exceeding its legally-required pollution reduction targets by more than 100 metric tons each year. This news report does a good job of summarizing the decision, which can be read in full here.

Instead of redesigning the permit to actually decrease pollution as the Court has ordered, state lawyers have already started the process of appealing the decision to the Vermont Supreme Court (how sad is it that our tax dollars are funding a legal position that favors adding more pollution to a lake suffering from health-threatening algae blooms like those shown above???). I hope for a day when Vermont officials will follow the law without the need for a judge ordering them to.  Until that day comes, CLF will continue to fight for better pollution control permits that prevent pollution increases and help achieve rather than undermine the Clean Water Act’s goal of waters that are safe for swimming, fishing, and drinking.

It’s our way of trying to cure the blue-green algae blues.