Why does CLF heart estuaries? For so many reasons. Estuaries are one of nature’s great ideas. Not just an elegant transition from freshwater to saltwater, estuaries also provide rich feeding grounds for coastal birds and are important places for fish and other marine life to reproduce. Their sheltered waters and unique vegetation provide juvenile animals with places to hide and find food. This is why estuaries are often called the “nurseries of the sea.”

Some of New England’s best known estuaries include Casco Bay, the many small bays and inlets of Massachusetts’ shore, the Great Bay in New Hampshire and, of course, Narragansett Bay in Rhode Island. Estuaries are great places for recreation and tourism. Boating, bird-watching, and fishing are some of our favorite estuary pastimes. Not only are estuaries beneficial to us for relaxing and enjoying nature, they are extremely valuable and provide other services as well. They are natural filters – storing and trapping pollutants and sediments that come off the land, preventing them from reaching the blue water. They also provide protection from coastal flooding. With all these wonderful reasons, what’s not to love about estuaries!

CLF works to protect and restore these amazing and valuable places with a network of like-minded conservation groups across the nation. Restore America’s Estuaries is a national alliance of coastal conservation organizations committed to protecting and restoring the lands and waters essential to the richness and diversity of coastal life. The challenge we all face is to make sure our estuaries and other waterways receive the care and proper management they deserve. Restoring degraded streams and rivers is a great way to provide healthy estuaries and the benefits we love and depend upon. If you love estuaries too (and we know you do), then take a minute to share the love online through the I Heart Estuaries Facebook page. Let the Congress and the Administration know of your heartfelt desire to see New England’s estuaries receive better protection and stewardship.

photo courtesy of someones.life @ flickr.com

I joined with residents of Vermont’s Northeast Kingdom today and fellow environmental colleagues to protect Vermont from the devastation of tar sands oil.

We filed a legal action to ensure Vermonters have a say over any proposal to move tar sands through Vermont. See press release here.

The request asks that the increasingly imminent proposal to move tar sands through an existing Northeast Kingdom pipeline be subject to state land use (Act 250) review. See request here.

Tar sands oil poses unique risks to the many natural treasures of the Northeast Kingdom and also imposes extreme climate change risks.

Tar sands oil is a gritty tar-like substance that produces far more emissions than conventional oil. The vastness of the tar sands reserves in Western Canada means that using tar sands oil delays efforts to move towards cleaner energy supplies, and sends us backwards on climate change.

As James Hansen, a leading climate scientist has said, the exploitation of tar sands on mass will be, “game over” for the climate.

Already there are requests to move tar sands east from Alberta to Montreal. The only realistic way to move it beyond Montreal to the deep ports it needs for transportation is through the Portland Montreal Pipeline which passes through Vermont.

There has already been one spill in this old pipeline in Vermont. A spill of tar sands oil – which is much harder to clean up – would be devastating.

Our filing requests that any plans to use the pipeline for tar sands oil be reviewed though Vermont’s land use development law – Act 250 – to protect our land, water and air resources threatened by this dirty fuel .

CLF is proud to be among a growing coalition of 32 key Vermont businesses, anglers’s associations, and environmental organizations who have signed a resolution “Urging Public Officials And Elected Leaders To Acknowledge The Value Of Clean Water To Vermont’s Public And Economic Health And To Sustainably Invest In The Same.” Though the name of the resolution is long, the idea behind it is quite simple: our health, happiness, economic prosperity, and reputation as a state depend on our ability to keep our waters clean, full of aquatic wildlife, and accessible to all. Doing so will require renewed public sector investment. 

Renewed public investment to Keep our water safe and clean is worth it! Photo Credit: Shutterstock

The resolution, excerpted below, speaks for itself. You can download a copy and find a full list of coalition members by clicking here. With the Vermont Legislature coming back into session today and after another summer with beach closures and fish kills in Lake Champlain, as well as rivers across the state still recovering from the natural and manmade ravages that followed Tropical Storm Irene, our growing coalition felt that today was an important day to ensure that renewed investment in Clean Water is on the mind of lawmakers.

If you find yourself nodding your head in agreement as you read the resolution, be sure to contact your legislator and voice your support for clean water. Or, if you’re not yet signed up for our e-newsletter, do so now – we’ll keep you informed of updates across the region as they happen.

Here is an excerpt from the resolution:

WHEREAS, clean water is essential to Vermonters’ personal health and the health of our economy and Vermont’s environment; and

 WHEREAS, clean water is critical to ensure healthy habitats vital to the protection and restoration of indigenous species and the protection of all flora and fauna throughout the food web; and

WHEREAS, significant progress to restore and protect our water resources has been made since the passage of the Clean Water Act and Safe Drinking Water Act; and

WHEREAS, compromised and impaired waters still exist, and unimpaired waters remain largely unprotected, threatening our quality of life and our economy while public sector investment in protecting water quality continues to shrink, leaving forty years of environmental gains since the passage of the Clean Water Act hanging in the balance; and

WHEREAS, protecting the Vermont brand built on a reputation for protecting its unsurpassed environmental health from degradation is essential for the continued success of all business sectors relying on this crucial market distinction; and

WHEREAS, outdoor recreation, in particular water-based recreation, is a vital aspect of our state identity and a major pursuit among Vermonters and visitors, alike; and

WHEREAS, polluted waters are not accessible waters, do not support aquatic life, and, worse, imperil public health; and

WHEREAS, outdated treatment technologies, aging pipes and pumps, and inadequate capacity undermine our ability to treat sewage, stormwater, and drinking water; and

WHEREAS, in the opinion of leading professionals within numerous disciplines, infrastructure is inadequately funded in Vermont to meet current and future requirements; and

WHEREAS, new and sustained public investment for clean water at the federal, state, and municipal levels is critical to protect this basic element of public health and a vibrant, sustainable economy; and

WHEREAS, it is our legal and moral obligation, as well as an ethical imperative, to ensure that the same quality of life enjoyed by the current generation is possible for the next.

NOW, THEREFORE, BE IT RESOLVED that the undersigned concerned citizens and organizations urge that our state and local elected officials and policymakers:

1. Expeditiously adopt new, equitable, targeted fees and dedicated, broad-based revenue mechanisms; and

2. Sustainably invest these revenues statewide into water, wastewater, and stormwater infrastructure, and all other manner of water resources protection and water pollution remediation.

Like many other states across the nation, and similar experiences in other New England states, Vermont had its first trial by fire with the expanded influence of “Super PACs.” In fact, one super PAC, Vermonters First, poured more than $1 million into several Vermont political races and issues. The right-leaning PAC was almost entirely funded by one person described by VT Digger as “a wealthy and somewhat reclusive Burlington woman named Lenore Broughton, who in just a few months has made herself the most influential Republican in the state.”

Vermonters First promoted a limited government message in several statewide races including the hotly contested races for state treasurer and auditor. In the race for treasurer, Vermonters First poured over $100,000 into television and radio commercials attacking Democratic incumbent Beth Pearce. Similarly, the Super PAC promoted the candidacy of Republican Vince Illuzi in the auditor’s race. Lastly, Vermonters First weighed in heavily in opposition to Democratic Mayor Miro Weinberger’s effort to pass a “Fiscal Stability Bond” to stabilize the city’s finances including restoring the city’s ability to proceed with long-delayed, major water and wastewater infrastructure upgrades.

In the end, this unprecedented influx of seemingly limitless cash didn’t carry the day. (According to The Washington Post, this is true not just in VT, but across the US.) Beth Pearce was reelected to the Treasurer’s post, Vince Illuzi was defeated for Auditor, and the Burlington bond vote was handily passed.

‘‘You can spend a lot of loot. You can buy a lot of those out-of-state ads,’’ said Gov. Peter Shumlin in this AP story, who easily won re-election on Tuesday. ‘‘But in the end, Vermonters judge you by who you are, what you stand for and whether they meet you, whether you knock on their door, whether they look you in the eye and decide whether your character and your vision is the right thing for Vermont.’’

After looking the candidates in the eye, Vermonters confirmed their commitment to a government that plays an important role in making our communities and state livable and sustainable. Vermonters don’t want a flood of money in their politics, they want further preparations against future floods – they want a safe, stable and thriving state.

After breathing a sigh of relief, Conservation Law Foundation (CLF) will be pressing our elected leaders to solve the state’s major environmental issues including cleaning up Lake Champlain, protecting our public lands, embracing a sustainable and efficient energy future, and prioritizing livable communities.

We look to our elected leaders to lead on the most pressing environmental issues of our day. Silence, like that adopted at the national level during the campaign, will not be acceptable. We cannot afford further delay on issues like climate change. Now, more than ever, is the time to lead.

I love rivers.  In fact, I love all things water. And so today I’m celebrating the 40^th birthday of the Clean Water Act, perhaps America’s most effective and far-reaching environmental law.

I grew up on a farm in upstate New York and spent a lot of time stomping around in our ponds, streams, and wetlands catching frogs, listening to spring peepers, watching birds and muskrats and ermine. We fished whenever we could and had a family challenge about who would be the first in the water after ice-out in the spring and last out before (or after) the frost in the fall. We marked the seasons by the coming and going of the ice, by the water temperature in the ponds, and, in some years, watched anxiously as drought lowered water levels and put our water supplies at risk. All of this has led to a connection to waters that has infused my life, including my professional career.

One of my earliest memories from over 40 years ago and leading to my lifetime of advocacy for clean water is of my father taking me to the Cayadutta Creek in Fonda, New York to see the stream running bright red and foul from pollution from the tanneries in Gloversville and Johnstown. I was overwhelmed by the image of the creek flowing by as a river of blood. My dad fumed that creeks and rivers all over were being poisoned by such pollution.

Cuyahoga River Burns in 1969

So it’s not a surprise that my family watched the news with outrage as America was shown the image of the Cayahoga River in Ohio literally burning in 1969. Perhaps we were told at the time that the river had burned on nine occasions in the prior 100 years. But in any case, that fire became the symbol of unacceptable water pollution for us and for millions of Americans who called on Congress for action. It helped spur the first Earth Day in 1970, and thankfully, it contributed to the political urgency for passage of the Clean Water Act on October 18^th 1972, 40 years ago today.

Passage of the Clean Water Act by the United States Congress marked the end of an amazing political process. On this day 40 years ago with strong, bi-partisan votes in the House (247 yes and 23 no (with 160 not voting)) and Senate (52 to 12 (with 36 not voting)), Congress overrode the wrongheaded veto of the law by President Nixon. Many members of Congress from both parties voted yes, but just as significant were those that didn’t vote. By consciously withdrawing from the debate, many Republicans heeded the voices of their constituents, defied a President of their own party, and allowed the override votes to succeed.

What has been the result of this historic event? The Clean Water Act became law and much of the severe industrial and sewage pollution of our precious waters has been brought in check. The Cayadutta Creek no longer runs blood red, and the Cuyahoga has recovered to the point that it won’t catch fire. That is a 40^th birthday present that we all can enjoy.

But, it also raises the question: if the Cuyahoga were burning today, could we pass the Clean Water Act?

I like to think that Americans would pull together again and demand action. However, the reality is that we are now living with “dead zones” that are threatening our communities and industries in Chesapeake Bay, Long Island Sound, Narragansett Bay, on Cape Cod, and in Lake Champlain. The dead zone in the Gulf of Mexico ranges from 6-7000 square miles – bigger than the State of Connecticut! This is the result of nitrogen and phosphorus pollution that is pouring into our waters from agriculture, lawn fertilizing, excessive development, and sewage discharges.

Blue-Green Algae Fouls Lake Champlain 2011

And, just two years ago, we all watched with horror, as the Gulf burned from the BP oil spill.

So, this 40^th birthday of the Clean Water Act should also serve as a reminder to us all that clean water is as important now as it ever has been and there is still much more to do.

Here at CLF, we have a long legacy of fighting for clean water across New England. CLF filed the Federal Court lawsuit that led to a clean Boston Harbor. We have held numerous polluters accountable for discharges into New England’s waterways. We stopped oil and gas drilling off of New England’s coasts.

Today, we are fighting to protect waters from nitrogen and phosphorus pollution from Cape Cod to the Charles River, New Hampshire’s Great Bay to Long Island Sound, and from Narragansett Bay to Lake Champlain.  We are working with cities and towns to create green infrastructure that cleans up stormwater pollution and beautifies our communities.  All of our efforts are possible because of Congress’s action 40 years ago today.

Happy 40^th Birthday Clean Water Act!

Next week, Vermonters will mark an anniversary many of us would rather forget.  It is hard to believe that a year has passed since the deluge of Tropical Storm Irene caused destructive flooding in much of the state.  Federal, state, and charitable organizations are still working to help the storms victims recover (the Vermont Irene Fund is one of the many ways you can help).  Yet as the process of recovery continues, it is important to take stock of the lessons we should learn from this disaster, and our response to it, because the overwhelming scientific evidence suggests that climate change may bring more such extreme weather to our state and region.

At CLF, Lake Champlain Lakekeeper Louis Porter, has led the effort to learn the hard lessons taught by Irene’s hard rain.

The gist of his message this week has been that science and experience teaches us that we reduce damage to the built and natural environment when we work with nature rather than against it.

Here are a few of the things he’s had to say this week with links to the major media outlets who have turned to him for analysis on this fateful anniversary:

• From his Vermont Public Radio commentary: “Especially after Irene, we know that the key to flood protection lies in giving rivers room to move, keeping flood plains intact and building roads and bridges that are ready for our new climate.”
• From Paul Heintz’s story “Water Ways” in Seven Days: “We are in for a lot more wet and violent weather,” he says. “We need to realize we’re going to need all of that flood capacity, all of that natural resilience in the years to come.”
• From Suzie Steimel’s report “Did Recovery Efforts Hurt Vt’s Rivers” on WCAX TV: “It was a systemic breakdown from the people doing the work to the folks overseeing it to the state oversight which should have been in place”

As the recovery continues, Louis and others at CLF will work with Vermont officials to ensure that we have the policies and the resources in place to prevent natural disasters from being magnified by man-made disasters caused when recovery work goes wrong.

The other night, I broiled a gorgeous piece of striped bass for dinner. Though I savored each bite of this healthy, delicious, lean protein, I couldn’t help think of the grim images of other sizeable stripers that washed up dead in the latest fish kill to occur on the shores of Cape Cod in late July.

Healthy striped bass like these inhabit many of New England's coastal waters. Nutrient pollution from septic systems creates toxic algae blooms in Cape Cod waters that threaten these fish. Photo credit: Bemep @ Flickr Creative Commons

According to the Cape Cod Times, on July 25, Falmouth residents began calling local officials complaining about foul odors and dead fish washing up on the shores of Little Pond Estuary–one of the many areas along Cape Cod where fresh water from the land mixes with salt water from the ocean. Upon investigation, officials confirmed the presence of what one resident referred to as a “heap of large dead fish…on the shore.”  Among the dead fish were dozens of striped bass, some measuring as long as 40″. The story noted that this is not the first fish kill of its kind in Falmouth’s Little Pond, nor is it the first on Cape Cod. You can see pictures of the dead stripers and read the full article here, and also check out a previous post to this blog discussing another Cape fish kill that occurred a couple of years ago: “1,000 Dead Fish on Cape Cod: When Will the Killer Be Brought to Justice?”

The tragic slaughter of these beautiful fish–much beloved by sport fishermen who bring tourism revenue to the Cape and other places on New England coast that these hard-fighting fish frequent–could have been stopped.

Scientists who investigated the fish kill identified nitrogen pollution from nearby septic systems as the main culprit.  You see, nitrogen is a common component of human wastewater. When too much of that wastewater flows unchecked into an estuary, the nitrogen feeds explosive blooms of toxic algae that  make the water smell foul, unpleasant to look at, and unsafe to swim in. Blooms of harmful algae also throw the entire ecosystem out of balance, resulting in an underwater environment without enough oxygen for even fast-swimming fish like stripers to survive.

Normally, most of the nitrogen that leaches from underground septic systems is retained in the soils. But, as this fish kill demonstrates, Cape Cod’s sandy soils present a unique problem because they are so porous that the pollution flows right through them and bubbles up into surface estuaries. Because of this unique pollution problem and the dire need to address it before more slaughter occurs, CLF is pushing EPA to recognize that the Clean Water Act requires these septic-system polluters to clean up their act.

Last week, a federal judge in Boston accepted the joint schedule that CLF and our partner Buzzard’s Bay Coalition worked out with EPA lawyers so that the Cape Cod cleanup litigation can move forward.  You can read more about our lawsuit and the clean water solutions that will help save the stripers here.

A bloom of cyanobacteria, or blue-green algae, on Lake Champlain's Missisquoi Bay in 2011

If the weather during the rest of the summer remains hot and calm, this year may well be remembered as one of the worst for blue-green algae bloom in recent memory on Lake Champlain. That is too bad, because it means days of ruined beach visits, vacations when kids can’t go in the water and declines in income for lakeside businesses. But it could also cause a shift in attitude about what lake phosphorus pollution means, and how serious we are about dealing with it. And that would be a good result from a bad situation.

One of the interesting things about blue-green algae, or cyanobacteria as they are more accurately known, is that, unlike an invasive species or pollution by hazardous materials, they are normal inhabitants of land and water – and are nearly ubiquitous in some places. They become a problem, and a major one, when we cause the ecosystem to be out of balance. Otherwise, we would rarely think about them.

How do blue-geen algae become a problem? Under certain conditions, cyanobacteria explode into massive blooms. During the early stages of such a bloom, they look like pollen in the water and are easy to ignore. But as their volume increases, the blue-green algae can become a thick, paint-like mass that stacks up into white, blue and green froths, choking waterways, blocking sunlight, and, when they decompose, reducing the amount of oxygen in the water to dangerously low levels. Those conditions cause massive die-offs of fish and shellfish – and stinking piles of rotting algae along the shoreline.

Beyond all these problems, in such large volumes the cyanobacteria at times produce toxins which can sicken people and kill pets. In the late 1990s and early 2000s, before people were familiar with the dangers of cyanobacteria blooms, dogs died from ingesting those toxins. In other parts of the country, people have become very sick as well, including U.S. Senate Environment and Public Works Committee ranking member James Inhofe, who became ill in 2011 after he went swimming back in his district in Oklahoma. Inhofe, well-known for his opposition to much anti-pollution legislation, joked that the news story about his experience should bear the headline “the environment strikes back.”

So far this year, few blooms on Lake Champlain have reached the dense stage of development where they test positive for cyanotoxins. But parts of the lake that do not often have such blooms are now seeing cyanobacteria. Last year’s flooding from tropical storm Irene dumped record loads of phosphorus into Lake Champlain tributaries, providing the nutrients needed for blue-green algae populations to explode. And this dry, hot, calm summer has provided the right conditions for that population explosion to happen.

If people from those lake areas that are experiencing unprecedented blue-green blooms get together with those from other places – like St. Albans Bay and Missisquoi Bay where such blooms are almost yearly occurrences – we may be able to chart a different path and keep such problems from spreading any further.

With better farm management techniques, improved urban runoff systems and up-to-date sewage plants, we can prevent the otherwise inevitable spread of cyanobacteria to more places on Lake Champlain. If we can make that happen, this summer might go down in the books as not just the worst blue-green summer, but the summer in which things began to change for the better.

An algae bloom in the Winnicut River, NH. Photo by Peter Wellenberger.

A week ago I had the pleasure of attending an event to celebrate the restoration of a tidal river. The Winnicut River – primarily located in Greenland, NH – is now the only dam-free river in the Great Bay estuary. Thanks to the hard work of the Winnicut River Watershed Coalition and numerous state and federal agencies, the project includes a new fish passage and, in addition to the dam removal, a restored shoreline.

Despite being a beautiful July summer day, the event was marred by one distinct image. The free-flowing river now supports a large area of abnormal algae growth – the direct result of excessive nutrients. Standing on the water’s edge, it was impossible to miss the mat of green slime. This certainly put a damper on the celebration.

The Winnicut River is not the only site in the estuary where algae is now taking over. Large mats of macroaglae can be found in the Lubberland Creek area, and algae has been taking over places where eelgrass – the ecological cornerstone of the estuary – historically grew. However, the Winnicut River provides a valuable lesson that despite our best efforts, the Great Bay estuary faces the risk of further degradation that could lead to a collapse of its sensitive ecosystem. Our only option is to invest in the needed improvements to our infrastructure to dramatically reduce the amount of nitrogen pollution from wastewater treatment plants and stormwater.

This is why it’s so important to build a stronger voice for the estuary, and why I’ve been working so hard to build the Rescue Great Bay coalition. In a previous blog, I discussed the formation of this new collaboration – at that time consisting of eight founding members: the NH chapter of the Coastal Conservation Association, the NH Coastal Protection Partnership, the Great Bay chapter of Trout Unlimited, the Town of Newington, the Winnicut River Watershed Coalition, the NH Rivers Council, EcoMovement, and CLF’s Great Bay-Piscataqua Waterkeeper.  I’m pleased to say that in the last month alone, six more organizations have joined the effort – the Great Bay Stewards, New Hampshire Audubon, the Exeter-Squamscott Local Advisory Committee, the Lamprey River Watershed Association, the Oyster River Watershed Association, and Green Power Management Holdings, Inc. of Newmarket, NH.

As Great Bay-Piscataqua Waterkeeper, I’m pleased to serve as the lead for Rescue Great Bay. We are building a common voice for Great Bay to educate the public about the need for immediate action to clean up the estuary. Everyone has who has joined the group understands what is at stake – the longer we wait to take corrective actions, the more the estuary is at risk.

Part of our effort is to show that the public cares about the Great Bay estuary and wants to see meaningful action.  Toward that end, we now have a “Rescue Great Bay” petition that hundreds of people throughout the Seacoast have signed.  It reads:

“We, the undersigned, believe that clean water and a healthy Great Bay estuary are essential to the quality of life in New Hampshire’s Seacoast region and southern Maine.

“We also recognize that the health of the Great Bay estuary is in decline as a result of  water pollution from sewage treatment plants and stormwater runoff.

           “We understand that public investments will be necessary to clean up the Great Bay estuary and keep it healthy now and for future generations, and we support prompt action to reduce water pollution in accordance with the full protections of the Clean Water Act, including the most stringent limits on nitrogen – the pollutant of greatest concern – from NH and Maine sewage treatment plants affecting the estuary.”

Sign The Petition Here

From Market Square Day in Portsmouth, to other events, it’s been great to engage concerned citizens with this petition, and to see how strongly people feel about protecting the estuary.  If you have not already signed, I urge you to do so by clicking here, where you’ll find an online version of the petition. Please also consider forwarding  the link below to your friends and neighbors and anyone else who cares about the future of this remarkable resource.

Let’s put an end to the sort of water quality problems I saw in the Winnicut River, before it’s too late. Together we can help ensure a cleaner and healthier future for the Great Bay estuary.

Sign The Petition Here