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 >

There is no greater honor than to be recognized by your peers for the important work that you do. CLF’s Clean Water and Healthy Forest program director, Christopher Kilian, received such an honor last week at the Charles River Watershed Association’s annual meeting, where CRWA presented him with the 2011 Anne M. Blackburn Award. The award is “presented annually to an individual who has made significant contributions over a career that have resulted in singular improvements for the Charles River, its watershed and our natural environment.”

CLF is extremely proud of the clean water work that Chris and his team have done and continue to do in collaboration with CRWA and numerous other watershed partners. You can read more about this award-winning work elsewhere on our web site (e.g., cleaning up polluted highway runoff and polluted runoff from parking lots and other commercial development, and securing an agreement to prevent super-heated water discharges into the Charles from a nearby power plant). Here, however, I want to share with you some inspiring excerpts from the speech Chris delivered to an appreciative audience at the award ceremony:

We must all stand up for the basic notion of equal access to justice, including the courts, to vindicate the public interest in a healthy environment. I applaud CRWA for its willingness to stand up for clean water, including in the courts when necessary.

But the words of the law ring hollow unless they are connected to people and a place. No organization is more effectively connected to a place on earth than CRWA. Here on the Charles, my own evolving sense that an urban river can be a thriving ecological system and community amenity has been further inspired by the decades of incredible work of CRWA. CRWA’s ideal of blue cities where clean, healthy waters are present even in the densest urban areas, is a vision that is changing the world. Instead of dangerous dumping grounds, our urban waters will cool us as we safely swim in the summer, feed us as we catch fish and shellfish with our children, leave us awestruck in the presence of habitat for nature’s great bird migrations and creatures great and small, and provide a needed release as we sail, boat, and enjoy these great natural amenities.

Some, even government leaders in Massachusetts, say our work to protect clean water is done. They say that clean water is not worth the cost. They say removing raw sewage from our waters (a job that still remains unfinished) is all that the Clean Water Act demanded.  This cannot be the case. It cannot be that the Charles will suffer a fate overrun with toxic metals, raw sewage, and toxic blue green algae blooms. I am confident that with all of you, with CRWA, and CLF working together our waters will not be left degraded. Thank you to CRWA’s supporters, please continue your support. Our work is more important now than ever.

Today marks a new milestone for CLF in our efforts to clean up the lower Charles River. Concluding a five-year negotiation, involving CLF and the other key stakeholders, the EPA issued a new water quality permit for the Kendall (formerly Mirant Kendall) Power Plant, a natural gas cogeneration facility owned by GenOn Energy. The plant is located on the Cambridge side of the Longfellow Bridge.

The new permit 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.

The outcome is remarkable, not just for the dramatic improvements it will achieve in the lower Charles, but for the way in which the parties “got to yes.”

The plant will meet the new requirements by upgrading its existing “once-through” cooling system, to a new, closed-loop system. Kendall 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. The combination of the new co-generation turbine and expanded pipeline will allow Kendall to drastically reduce the amount of water it extracts from the Charles River, take more heat out of the plant, and double the amount of steam it can sells to heat buildings in the city of Boston.

It’s what’s known in the business as a “win-win situation.”

Today’s events would not have happened without the incredible efforts of two former CLFers: Carol Lee Rawn, who was a senior attorney in our Boston office, and Jud Crawford, who was senior scientist. They put together the case and the legal challenge to the Mirant Kendall permits based on a demonstration that EPA’s proposed heat discharges would threaten the fish and biological system in the lower Charles. They also showed that the proposed water intake damaged fish eggs, larvae, juvenile and adult fish and that better technologies were available in the market. CLF represented the Charles River Watershed Association (CRWA), who was the perfect conservation partner for our effort.

The outcome of this case has taught CLF a number of lessons. First, that being there is half the game. If we hadn’t appealed the EPA permit, none of this would have happened, no question. EPA and Mirant Kendall ultimately showed strong leadership qualities but needed a strong push. Second, that having a range of integrated advocacy initiatives can produce multiple, serendipitous results across the spectrum of CLF’s work in clean energy, clean water, ocean conservation and healthy communities. This single decision will create an opportunity for co-generation in an urban community, improve the health of our rivers and marine life, increase the quality of life for Esplanade users and river fishermen, and reduce green house gas emissions. Third, that a mix of good science and strong legal expertise is essential to our ability to make a credible challenge. And finally, that courtesy of all of the above and the generous and faithful support of our members over the past five years,  the Charles may one day be truly swimmable and fishable again.

For more information, you can read CLF’s press release, and check out the coverage in today’s Boston Globe.