East End Beach. Photo credit: bvohra, flickr

Last night, the Portland City Council took a big step forward in addressing one of the city’s dirtiest little secrets – the discharge of literally hundreds of millions of gallons of untreated sewage and stormwater into Casco Bay every year.

This discharge is a result of stormwater overwhelming the city’s sewer system. In order to relieve that pressure, the city had a system of combined sewer overflows, or CSOs, that would bypass the normal treatment facility in the East End and discharge sewage and stormwater directly into Casco Bay. That toxic brew has closed shellfish harvesting areas in Casco Bay and kept the East End beach closed on many a day.

Since 1993, the city has been obligated by an administrative consent agreement with the Department of Environmental Protection to remove the CSOs, but for many years has dragged its feet. However, in recent years, with a mix of state and federal funding, the city has made significant progress, and has changed the focus from removing the CSOs to providing greater storage for the first flush of the stormwater/sewage brew so that it can be treated after the storm event and capacity opens back up at the East End treatment facility.

To achieve that goal will be expensive – current estimates are that the remaining work on CSOs will exceed $125 million and other related work could bring the price tag up to $170 million. City staff had recommended that work be spread out over 25 years; however, after testimony by CLF and others, including the Casco Baykeeper and Friends of Casco Bay, City Council rejected that notion and adopted the 15-year schedule that CLF had recommended. And that is a good result for the health of Casco Bay.

CLF's Peter Shelley accepts EPA's Environmental Merit Award on behalf of CLF and CRWA. (Photo credit: Emily Long)

Yesterday, CLF and the Charles River Watershed Association (CRWA)  received an Environmental Merit Award from the New England office of the U.S. EPA in recognition of their exceptional work on reducing discharge of heated water from the GenOn Kendall Cogeneration Plant (formerly known as Mirant Kendall) in Cambridge, MA. The award was presented at a ceremony at Faneuil Hall in Boston.

Led by CLF Senior Counsel Peter Shelley, the two groups and other key stakeholders, undertook five years of negotiations to reduce the massive amounts of heated water that the plant was discharging into the Charles River, killing fish and destroying the river ecosystem. As a result, in February 2011, EPA issued a new water quality permit that requires the plant to reduce its heat discharge and water withdrawal by approximately 95 percent, and to ensure that any heated discharge does not warm the river enough to cause harm. In addition, the plant will capture most of the heat generated by the plant and distribute it as steam through a new pipeline to be built across the Longfellow Bridge over the next few years, at which point the excess steam will be used to heat buildings in Boston. More >

Charles River on a sunny day. Photo Credit: http://www.flickr.com/photos/nostri-imago/

In times of economic woes, environmental concerns are often pitted against fiscal concerns. Take the recent attacks on the EPA’s power to enforce the Clean Air Act and the Clean Water Act, for example. Republicans in Congress argue that the US cannot handle the economic costs necessary to comply with regulations and that the alleged “job-killing” regulations threaten our economic recovery. However, recent studies are testimony to the inaccuracy of these claims.

In one instance, a $2 million one-time investment in a bike path along the Little Miami River in Cincinnati resulted in $6 million – per year – in economic benefits to the local community. In addition, another $2 million per year is generated from canoe and kayak rentals. So in one year alone, all of the initial investment costs are returned and then some!

But what about restoring a river? Do the high costs associated with such projects also make sense? Another study found that restoring Mill Creek, which runs through a heavily industrialized section of Cincinnati, would result in $100 million increase in property values, a $3.5 million annual increase in recreational use and a $5.5 million increase in property tax revenue. There is now a $1 million investment per year to restore Mill Creek. (You can read more about these studies and others here.)

This research confirms what we learned from cleaning up Boston Harbor and other waterways in New England. Clean rivers are essential to a healthy economy and investments in clean waters can drive economic growth. Even if you do not fish, boat, kayak, or swim, local communities stand to benefit tremendously by investing in the preservation or restoration of their waters.

Credit: Cynthia Irwin

Yesterday, the Environmental Protection Agency took an important step in putting New Hampshire’s Great Bay estuary on the path to recovery.  As a direct result of CLF’s advocacy, EPA issued a draft Clean Water Act discharge permit for the Exeter sewage treatment plant requiring — for the first time — nitrogen pollution limits.

Exeter’s facility — one of the largest sewage treatment plants in New Hampshire’s Seacoast — discharges directly into the Squamscott River, which flows downstream into Great Bay.  As EPA’s fact sheet for the draft permit explains, EPA began the re-permitting process for the Exeter plant in 2007.  Noting significant pollution problems in the Squamscott River and Great Bay, CLF objected to the 2007 draft permit for its failure to regulate nitrogen.  Based on those concerns, as well as further data showing the estuary’s decline – including the loss of essential seagrass habitat — EPA’s draft permit now proposes much-needed discharge limits to control nitrogen pollution from the Exeter sewage treatment plant.

Finally controlling nitrogen pollution from this significant discharge will be essential to protecting the health of the Squamscott River, which has experienced excessive levels of chlorophyll-a, depressed levels of oxygen, and the loss of important eelgrass habitat.   It also will help tackle nitrogen pollution problems in Great Bay.  But as EPA and the Department of Environmental Services know, reducing pollution from stormwater and other sewage treatment plants will be critical for the health of the Great Bay estuary.  Of the 18 sewage treatment plants discharging into the estuary, not one has a nitrogen pollution limit.  Exeter’s will be the first, and it’s an important step in the right direction.

EPA’s draft permit will be finalized after a public comment period which expires July 22.  A public hearing on the draft permit is scheduled for June 9 (6:30 p.m. at Exeter Town Hall).  You can help secure needed protections for the Squamscott River and Great Bay by weighing in!

Over the last several months the documentary Bloom: The Plight of Lake Champlain has been shown to capacity audiences around Vermont, from the State House to the Echo Lake Aquarium and Science Center.

Now the movie, which powerfully brings home the effect of too much phosphorous pollution on Lake Champlain, will be part of the Green Mountain Film Festival in Vermont.

Bloom, which features CLF Vermont Director Chris Kilian, will be shown at Montpelier’s Pavilion Auditorium at 6:15 p.m. Thursday, March 24^th and will be followed by a panel discussion which will include CLF Lake Champlain Lakekeeper Louis Porter.

The documentary combines narration, interviews and footage to convey both the severity and significance of the problem of uncontrolled algae and weed growth in Lake Champlain, and the need to quickly find effective solutions.

Bloom: The Plight of Lake Champlain
Thursday, March 24, 6:15 p.m.
Pavilion Auditorium
Montpelier, Vt.

The sun is shining in Vermont–literally and figuratively–during “Sunshine Week…a national initiative to promote a dialogue about the importance of open government and freedom of information.” CLF is celebrating Sunshine Week by supporting two major government transparency reforms making their way through the Vermont legislature.

PUBLIC PARTICIPATION IN ENVIRONMENTAL ENFORCEMENT H.258

For more than a decade, CLF has been trying to shine a light on the behind-closed-door process for environmental enforcement in Vermont and to give affected members of the public a voice in the process.   In a 2008 case brought by CLF, the Vermont Environmental Court ruled that Vermont’s enforcement procedures were unlawfully depriving affected members of the public from notice of and an opportunity to comment on the backroom deals regulators strike with polluters before those deals get approved by the courts.  EPA subsequently agreed with this assessment.  It has provided the state with guidance on how to amend state laws to protect the public’s right to know about and participate in proceedings against polluters who damage our shared natural resources through their illegal activity.

This week, CLF’s efforts took a major step forward when the Vermont House Natural Resources and Energy Committee gave unanimous support to a bill proposed by the Vermont Agency of Natural Resources-H.258. Though not perfect, the bill goes a long way toward giving citizens who have suffered the effects of illegal pollution a role in the enforcement process.  Kudos to reporters Shay Totten at 7 Days (his stories are here and here) and Candy Page at the Burlington Free Press (her coverage here) for bringing this story the attention it deserves.  In a positive editorial today, the Free Press editorial board wrote:

An agreement between the state and polluters sealed behind closed doors might be more efficient, but that efficiency comes at the expense of transparency and true accountability.

…

The bill to open all environmental violation settlements to public scrutiny and challenge before final approval once again shows there’s much about government that can be fixed by increasing openness.

A vote by the full House is scheduled on Tuesday of this week.  Show your support for greater openness and public participation by contacting your local Vermont representative and them to vote for H.258.

STRENGTHENING VERMONT’S FREEDOM OF INFORMATION LAW H.73

CLF is also pleased to be working in a coalition of groups seeking to strengthen Vermont’s Freedom of Information laws.  CLF, along with the American Civil Liberties Union of Vermont, the Vermont State Employees Association, the Vermont Press Association, and others committed to open government testified in support of H.73.  The bill would strengthen citizen enforcement of public records laws in cases where government officials unlawfully prevent the public from seeing public documents.  The most important feature of the bill would ensure that those unlawfully denied access to records will recover their attorney’s fees when they successfully argue in court that the government was wrong to deny access.  This would be a major deterrent to government secrecy.  The bill also ensures that most private contractors performing governmental functions also have to comply with public access laws.  The ACLU has been a leader on this important effort and its full summary of the bill’s open-government reform can be found here.

We cannot solve Vermont’s environmental problems without effective enforcement of our environmental laws, and we will not have effective enforcement without greater government transparency.  Let the sun shine!

Photo courtesy of NRCM

At a press conference held yesterday, CLF and our colleagues at the Natural Resources Council of Maine (NRCM) shined a spotlight on 50 bad bills that are now working their way through the state Legislature. If passed, these bills could:

• Open up the three million acres of the North Woods to development
• Repeal the ban on BPA and flame retardant chemicals that are hazardous to our health
• Allow big polluters to not be held accountable for cleaning up their own mess

A list of those bills is here, as are some media clips from Maine Public Broadcasting Network, the Portland Press Herald and the Lewiston Sun Journal related to yesterday’s conference.

The assault on Maine’s environmental protections continues, and we will continue to fight back—but we need your help. If you haven’t already, please add your voice to the effort by contacting your local legislator, submitting a letter to the editor to your local paper, or by becoming a member of CLF.

Less than a week after I posted my blog post about the environmental and health problems associated with road salt, the Boston Globe published an article about de-icing alternatives some Massachusetts communities are turning to. Boston has received almost 50 inches of snow this winter compared to a total of 17 inches on average around this time. We can only assume that it means we’re using record amounts of salt to combat all this snow. While it is difficult to say if the increased snowfall we’re seeing is directly related to climate change, increased temperatures tend to increase evaporation thus resulting in increased precipitation.  (In the Northeast, there has been a 5 to 10% increase in annual average precipitation since 1900.) More generally speaking, scientists are increasingly concerned about the link between global warming and anomalous winter weather (such as the bizarre snowstorms seen recently in the South). As such, it is encouraging to hear that towns are looking to more environmentally friendly alternatives to deal with our new weather conditions as the planet continues to warm.

Besides rock salt (sodium chloride), calcium chloride and magnesium chloride can be used in colder temperatures but unfortunately, they are significantly more expensive than the traditional rock salt. Instead a growing number of Massachusetts communities are returning to an age-old solution: brine. The mixture is a combination of rock salt and water. Applying brine before snow falls and ice forms on the roadway (known as “anti-icing”) can prevent snow and ice from sticking to roads. Unlike plain old rock salt, this stuff doesn’t bounce or get blown off the roads like we’ve all seen. As such it dramatically reduces the amount of salt used and the time it takes to remove snow and ice from the roads in turn saving towns money. A study done in Oregon and Washington state showed that anti-icing can decrease costs by more than 50% compared to conventional de-icing. And it reduces the amount of salt that gets into our drinking water and the negative impacts on the environment.

This yet again reinforces the idea that solutions that are good for the environment are often also good for people and the economy.

It was thrilling to attend the meeting of the RI Coastal Resources Management Council (CRMC) last night, where the Council voted unanimously to reject the application of Champlin’s Marina to expand by several hundred feet into the Great Salt Pond of Block Island. The vote probably brings to a final conclusion a lawsuit that CLF has been fighting for the last seven years in the CRMC, in the Superior Court, and in the R.I. Supreme Court.

Champlin’s originally filed its application to expand in 2003. In February 2006, the CRMC voted (the first time) to deny the application. Champlin’s took an appeal (as they were legally allowed to do) to the Superior Court.  They won the appeal in Superior Court and were granted the permit. CLF and the Committee for the Great Salt Pond appealed to the Supreme Court, where we won – and the case was remanded (sent back) by the Supreme Court to the CRMC for a new vote.

It was that vote that was taken last night.

CRMC member Bruce Dawson made the motion to reject the Champlin’s application outright.  He cited the unique ecological value of the Great Salt Pond, and concluded by saying he could not support this expansion.

A vote was taken on the Dawson motion to deny the permit.  It was approved 7 to zero.

What about an appeal?  While Champlin’s could appeal, any such appeal would almost certainly fail. Not only is this a very old case, but legally, any new appeal would be severely limited to only what has happened since the Supreme Court remand. Such a narrow time period provides almost no basis for an appeal.

The meeting was well-attended. Despite the impending storm, the auditorium at the Narragansett Town Hall was almost full. Finally, I must say that there was an outpouring of warm feeling toward CLF and the Committee for the Great Salt Pond. After the meeting, a steady stream of well-wishers from the Island came up to thank the lawyers on our side. After a very long (and very difficult) litigation, this was enormously gratifying.