The initial short-range solutions are in.  Quick, effective and clean.  Unanimous agreement on a suite of projects to move forward to help people get around in Chittenden County. 

When Vermont’s Governor, Peter Shumlin announced in May that the “Circ Highway” - an expensive, polluting and outdated ring-road around Burlington – would not be built as planned, he set in motion a Task Force to develop short, medium and long range solutions.  Since the summer the Task Force has been meeting and working.  Despite bumps, potholes and diversions in the form of more limited time and money because of the need to address problems that arose from managing the chaos Hurricane Irene left Vermont, the Task Force forged ahead.  

Last week we agreed unanimously on 5 short-term projects to get started in the coming year.  They include some innovative and out-of-the-box projects like expanding park & ride opportunities for commuters by leasing spaces in key locations, as well as more traditional projects of bus shelters and intersection imprrovements.  One very exciting project would re-work the street grid in Essex Junction, turning a parking lot into a downtown street, converting “five corners” into “four corners,” enhancing the streetscape and improving commerce and living opportunities in this New England downtown. 

Conservation Law Foundation is excited to be working with Chittenden County communities, businesses and state officials to get people, goods and ideas moving.  We are off to a great start. 

You can learn more about the Circ Task Force’s work at its website. 

A Public Meeting to discuss and learn more about these projects will be held on Wednesday, December 14, 2011, 7:00 p.m. at the  Albany College of Pharmacy and Health Sciences in Colchester.

Starting tomorrow, those concerned about Lake Champlain and interested in helping outline how to deal with nutrient pollution threatening its future will have a chance to make their opinions heard.

The U.S. Environmental Protection Agency, with the help of Vermont’s Department of Environmental Conservation, is in the process of re-writing the Lake Champlain Phosphorous Total Maximum Daily Load. This effort must be successful if we are to reduce phosphorous pollution to our great lake and keep one of Vermont’s most important resources swimmable, fishable and drinkable.

As you may know, the TMDL is an important technical document which acts as a phosphorous pollution budget so Vermonters can plan for reducing how much phosphorous we ask Lake Champlain to handle. We currently add much more phosphorous – well over twice as much in some years – than is safe for the lake ecosystem. The result, excess weed growth, potentially toxic blue-green algae blooms and low dissolved oxygen, makes the lake less usable. And those problems are likely to become more widespread, particularly with two floods of historic proportion this year.

Thanks to the work of Conservation Law Foundation, the EPA ruled earlier this year that the TMDL approved in 2002 was not adequate to truly protect and restore Lake Champlain. Now federal and state authorities have organized a set of public meetings to help in reworking the TMDL which will take place over the next week and will be focused on the northern portion of the Lake Champlain basin. A second set of meetings focused on the southern portion of the lake is scheduled for November 14th through November 18thand I will send you more details when they are finalized.

As you can see from the schedule below, the first set of meetings are roughly organized by sector of interest. Given that a draft of the new TMDL is still in the works, I expect the topics covered during these conversations will be quite broad and include questions of funding, how to structure the TMDL and possible barriers to implementing it. I encourage you to attend one of them if you are at all interested in learning more, and especially if you have concerns or thoughts about the way this issue has been addressed and how it will be addressed in the future.

I plan on going to most of these meetings and will be taking notes, so if you are interested in the subject but cannot attend one of the meetings I am happy to provide you with my unofficial minutes of those I have attended (lporter@clf.org).

You can file written comments if you are unable to attend and the state has asked that, if possible, you let them know if you are planning on going to one of the meetings so they can make sure the rooms are large enough. Both can be sent to Michaela Stickney, VTDEC Lake Champlain Basin Coordinator, michaela.stickney@state.vt.us.

The EPA’s disapproval decision finding that the 2002 TMDL is inadequate can be found here:

http://www.epa.gov/region1/eco/tmdl/pdfs/vt/LakeChamplainTMDLDisapprovalDecision.pdf

Vermont’s revised implementation plan for the TMDL can be found here:

http://www.anr.state.vt.us/cleanandclear/news/TMDL%20impl%20plan%20final%20-%20011510.pdf

The Lake Champlain Basin Program’s State of the Lake Report, which includes information on Phosphorous loads, can be found here:

http://www.lcbp.org/lcstate.htm

1.       Tuesday October 4, 10am – 12pm
Agricultural Sector
Winooski Natural Resources Conservation District (NRCD)

617 Comstock Rd, Suite 1
Berlin, VT

Phone: (802) 828-4493 Ext. 113
► (meet in the UVM Extension conference room in the complex)

 2.       Tuesday October 4, 3-5pm
Northern Municipality Sector
Northwest Regional Planning Commission (NRPC)

155 Lake Street
St. Albans, VT

(802) 524-5958
► (meet at NRPC offices)

3.       Wednesday October 5, 11:30am-1:30pm 
Business Sector
Lake Champlain Regional Chamber of Commerce & Greater Burlington Industrial Corporation

60 Main Street, #100
Burlington, VT
(802) 863-3489

► (meet at LCRCOC offices)
4.       Wednesday October 5, 5:30-7:30pm
Nonprofit/Mid-lake Watershed Group Sector
ECHO/Leahy Center

1 College St.
Burlington, VT

(802) 864-1848
► (meet in Alcove upstairs)

5.       Thursday October 6, 10am-12pm
Northern Lake Committee Sector
Lake Champlain Basin Program
54 West Shore Rd.

Grand Isle, VT

(802) 372-3213
► (meet at LCBP offices)

6.       Thursday October 6, 2-4pm
Stormwater/Urban Sector
Shelburne Town Offices

5420 Shelburne Road

Shelburne, VT

(802) 985-5110
► (meet at Shelburne Town Offices)

Camp Brook

The very severe damage in Vermont caused by Tropical Storm Irene led to an impressive and encouraging recovery effort both by state government and residents, many of whom volunteered to help their neighbors salvage and rebuild.

Unfortunately, however, the storm – the second flood of historic proportions in the state this year – also seems to have washed away much of what we have learned about the dangers of digging gravel from streams and rivers.

In recent weeks there have been dozens of excavators and bulldozers in rivers across the state digging gravel, channelizing streams and armoring banks with stone, not only at great ecological cost, but – particularly in the many cases in which a true emergency did not exist – greatly increasing the risk of future flood damage.

Meanwhile, the state, by not setting and enforcing clear limits on that work in the rivers, has done little – at least so far – to prevent the damage.

Knowledge gained by the scientific study of these river systems, also known as fluvial geomorphology, leaves little doubt that increasing the speed of water by turning streams that meander over rocky beds into straight chutes with little structure not only destroys vital habitat for fish and other creatures, it also increases the potential destructive power of floods. It was advances in this physics-based science which led to significant limitations on gravel removal from Vermont rivers during the last two decades.

Rock River

However, the recent flooding (and statements by Vermont Gov. Peter Shumlin) has given new life to an outdated and inaccurate idea that removing gravel from the rivers is what prevented flooding in the past. This notion ignores the fact that restricting rivers into a man-made channel, cutting off the access to flood plains and jarring mature streams back into instability the risk of flood damage is significantly increased, particularly for neighbors downstream.

More on this subject can be found in a Burlington Free Press column here and in a Vermont Public Radio news story here.

A decision in the Vermont Yankee case is expected before the end of the year.  Meanwhile, CLF in its role as “friend of the court” submitted a post trial memo supporting the State of Vermont’s right to have a say about Vermont Yankee.  The brief explains that the Vermont Legislature acted well within its rights and why Entergy’s safety characterizations are faulty.

CLF Attorney Sandy Levine was a guest on the Callie Crossley show on WGBH in Boston Monday  afternoon to discuss Vermont Yankee and the future of nuclear power.

Entergy’s nuclear plants continue to have problems calling into question their ability to  be trustworthy and responsibly manage their nuclear fleet.

A problem at Vermont Yankee Sunday night reduced power to 36% and if the situation is not remedied shortly, the plant will be required to shut down completely.

At the Fitzpatrick Nuclear Power Plant in New York State, investigations led to 4 workers being fired, 34 disciplined, and criminal charges brought against the plant’s former radiation protection technician.  The investigations showed that employees falsified tests of safety equipment, failed to document air samples and failed to conduct leak testing, among other things.

In Michigan, the Palisades Nuclear Plant shutdown twice last week, due to a cooling system problem and also an electrical breaker fault.

This weekend Governor Cuomo stated that the Indian Point nuclear plant could easily be replaced with other power sources because “safety[is] first.”

The State of Vermont and the owners of the Vermont Yankee nuclear power facility squared off in Federal Court this week.  It was a three day trial.  The days were long.  The testimony was often technical.  The lawyering was skilled.  Vermont Yankee’s owners say everything is about safety and only the federal government can regulate safety so Vermont’s laws are invalid.  It is a convoluted argument.  The dots don’t connect. 

Vermont’s able lawyers went toe-to-toe with the owners every step of the way.  The State has a strong case.  Vermonters by nature are frank and direct.  Our laws say what they mean and mean what they say.   There is no decade-long grand conspiracy to hide intentions.  The Vermont Legislature acted well within its rights. 

CLF has joined the case as a “friend of the court” and has filed legal pleadings supporting the state.  We are also representing Vermont Public Interest Research Group whose representatives joined me at the hearings, and logged daily accounts of the trial. 

The trial is over.  A decision is expected before the end of the year.  Stay tuned.

Should Vermont have a say in the future of Vermont Yankee, an aging nuclear plant on the banks of the Connecticut River?  A trial to answer that question begins next week.  Vermont Yankee’s owner sued the State of Vermont in April.  Yankee’s owners want to avoid State oversight, and filed suit as a last ditch effort to keep the plant operating.     

The State has a strong case.  For years, Vermont has responsibly overseen the economic, power supply and land use impacts of Vermont Yankee – matters within traditional state authority.  Vermont Yankee’s owners ignore this long history and want the Court to find all actions by Vermont are an attempt to regulate radioactive safety – something within exclusive federal authority. 

Conservation Law Foundation provided a “friend of the court” brief explaining the history, legal background and context of the State’s actions focusing on the owner’s untrustworthiness, poor economics of continued operation, and Vermont’s interests in advancing renewable power.   

Beginning Monday, experts on power supply and regulation will explain their views.  The trial will last three days.  A decision is expected later this fall.

The earthquake yesterday had us all wondering about our friends who were closer to it.  After the earthquake, a  colleague from Virginia noted:  “We all abandoned our building, which is probably not what you are supposed to do, but it seemed safer to be on the street than the third floor of a violently shaking building.  What’s even more scary is that the epicenter was essentially under Dominion’s North Anna nuclear plant.  When the NRC came out with a report last March ranking North Anna 7th in the country in terms of risk of damage from an earthquake, the Dominion spokesman noted that the plant was designed to withstand a magnitude 5.9-6.1 earthquake.”

Well that’s about what yesterday’s earthquake was.  And similar to the events in Japan, only three of four back-up generators were operating.  As CLF’s president, John Kassel said after the Fukushima tragedy:  “Several of New England’s remaining nuclear power plants are on their last legs and continuing to prop them up at the taxpayers’ expense is not a viable long-term strategy.”    These margins are too tight.  As these events show, Nuclear Regulatory Commission oversight for safety is too lax in the face of Fukushima and the inevitability of earthquakes and other disasters.

This Saturday, June 25, thousands of people from all across the world will take part in an event known as “Hands Across the Sand” by taking a trip to their local beach and joining hands with friends, neighbors and total strangers to send a message to our leaders—no to expanded offshore oil drilling and yes to clean energy. Last year more than 100,000 people took part in this event in all 50 states and in 43 countries around the world.

This year’s Hands Across the Sand could not come at a more important time and that is why CLF has joined as a sponsor of the event. With memories of the BP Horizon disaster fading from the public memory, and gas prices hovering around $4 a gallon, the oil industry and their allies in Congress are mounting a major effort to dramatically expand oil drilling in US waters. They are even bringing back a proposal that seemed unthinkable a year ago—oil drilling on New England’s Georges Bank, one of the richest fisheries on earth. The truly scary part is that Big Oil is making progress. In Washington DC the House of Representatives recently passed 3 bills that would have required a massive expansion of offshore drilling, and a recent poll shows that public support for drilling is on the rise as gas prices tick up.

The drilling bill was rejected in the US Senate (no thanks to Senator Scott Brown) but the threat of oil rigs in New England’s waters remain a very real possibility, threatening New England’s critical fishing, tourism and outdoor recreation industries which employ tens of thousands and sustainably generate far more revenue than oil drilling ever could.

There is an old saying that if you give a man a fish he will eat for a day but if you teach a man to fish he will eat for the rest of his life. Drilling in New England might create a few jobs years down the road for as long as the oil lasts, but we would be risking far more jobs in other ocean industries such as fishing. However by improving the health of our oceans and fisheries, and promoting the responsible development of renewable energy, we will create jobs that last for generations to come.

That is why this Saturday CLF is joining with the Gloucester Fishermen’s Wives Association to sponsor a Hands Across the Sand event at noon this Saturday, June 25^th on Pavilion Beach in Gloucester. Environmentalists, fishermen and beachgoers will all be there to join hands and say no to offshore drilling and yes to a clean, renewable energy future and yes to healthy oceans and the jobs they support. I hope you can join us in Gloucester but if you can’t make it, click here to find an event near you.

P.S. If you need another reason to come, the Gloucester Hands Across the Sand event will coincide with the annual Saint Peter’s Fiesta so you can speak out for our ocean and have a great time in Gloucester too!

With gas prices hovering around $4 a gallon, many New Englanders are rightfully asking why we’re paying so much at the pump. Many economists will point to price speculation and other factors such as political unrest and conflicts in oil producing nations. Oil industry reps have been claiming that high prices are due to all that clean air we use and all those required practices that help keep workers safe. They seem to think our leaders in congress should reduce environmental regulations put in place after the BP oil spill.

The fact of the matter is that domestic production has little to do with the price of oil, which is set on the world market.  In fact last year US oil production reached its highest levels since 2003.

David Koch — a billionaire oilman widely known for funding campaigns to discredit climate science and oppose the construction of clean, renewable wind energy projects—has launched a new campaign through his group “Americans for Prosperity” to convince us that environmental regulations are to blame for high gas prices. Furthermore, they are looking to target political leaders who support tougher safety and environmental reviews for the oil industry that could prevent another catastrophic spill, and the clean energy sources that could break our addiction to their oil.

While most serious economists will tell you that the conflict in Libya, and soaring demand for gas in emerging economies such as China are the key factors driving energy prices up, most serious economists don’t have billions of dollars to spend on massive PR campaigns and secret political donations. As mentioned in this story the Koch brothers are betting that their ad campaigns and political donations will be enough to convince our leaders in congress to ignore real solutions and instead weaken environmental regulations.

Unfortunately, we’re seeing signs that their campaign is working.  As I wrote last week, the US House of Representatives recently passed three bills that would have required massively expanded offshore drilling all around the country, including in New England.  Thankfully, the Senate voted down a similar measure, but oil industry supporters have vowed to keep up the fight. Unfortunately when faced with a decision between big oil and New Englanders who depend on a healthy ocean, Massachusetts Senator Scott Brown sided with big oil. Click here to hear the radio ads CLF is running across the state, and here to write Senator Brown to urge him to stand with us in opposition to expanded drilling and for real solutions to high gas prices.