Despite a long history of industrial pollution, the Lower Mystic continues to be fished by local residents. Although there is a fish advisory upstream, which suggests that fishermen catch and release only, the Lower Mystic doesn’t have its own fish advisory. Rather it falls under the general fish advisory for the Boston Harbor. However, contaminated sediment, combined with significant ongoing water pollution from sewage overflows and stormwater, raises serious doubt whether the Boston Harbor fish advisory, which was based on sampling in Quincy Bay and has not been updated since 1988, is adequate for this area. What this means is that residents can continue to fish in the Lower Mystic, although they lack the necessary information to determine whether or not the fish they catch are safe to eat.

Now, with the help of a grant from the Massachusetts Environmental Trust (MET), CLF and its partners—Chelsea Collaborative, Mystic River Watershed Association, Neighborhood of Affordable Housing (NOAH), and the University of Massachusetts Boston (UMass-Boston)—will be able to work with the Massachusetts Department of Public Health (MDPH) to develop and provide clear, useful, and necessary public information that will help people to safely catch and consume fish from the waters in the Lower Mystic.

We suspect that a lack of specific, accurate, and reliable information for the residents of the Lower Mystic has likely resulted both in consumption of fish that is unsafe for human health and an overall underutilization of a valuable river resource. With this grant, we are excited to work closely with MDPH to improve this situation and provide clear guidance to the communities of the Mystic River and visitors in the form of an easy to read fish advisory.

As part of the grant, CLF and its partners will survey anglers about the current use of the Lower Mystic for fishing, develop an estimate of current consumption, conduct spot sampling of fish to help MDPH obtain the information it needs to assess the risks, and, if appropriate, seek issuance of a fish advisory specific for the area. CLF will also help MDPH in developing a user-friendly fish advisory and advocate for its translation into all languages spoken in the area.

Interestingly, it was CLF’s work to stop pollution of Boston Harbor that helped to establish the Massachusetts Environmental Trust. As part of the 1988 settlement of CLF’s and the federal government’s lawsuits which required the state to clean up Boston Harbor, the state legislature also established MET, which was initially funded with $2 million dollars.

Today, funding for MET is generated by proceeds from the sale of special environmental license plates. There are currently some 50,000 drivers with MET plates, generating roughly $1,000,000 annually for environmental projects. In addition, the trust continues to receive funding through settlements, judgments, civil actions, and administrative consent orders.

License plates like this one help fund MET.

The Lower Mystic is the part of the Mystic River Watershed closest to Boston Harbor. The watershed includes eight of the twenty most environmentally overburdened communities in Massachusetts. The environmental hazards in the Lower Mystic communities of Chelsea, Everett, East Boston alone include hazardous waste sites, landfills, transfer stations, incinerators, polluting industrial facilities, and power plants. The Mystic also has more parking lots, buildings, industrial sites and less green space than any other watershed in the Commonwealth. Residents of the Lower Mystic also have limited access to the waterfront.

CLF and its partners believe that, while we need to continue to work on addressing these environmental problems, it is also crucial that the access to the water that does exist is as beneficial and safe of a resource as it can be. A fish advisory for the Lower Mystic will go a long way toward helping us reach that goal. We’ll keep you posted on our progress.

Yesterday, EPA sent Vermont’s clean water agency, the Department of Environmental Conservation, a Clean Water Act “Corrective Action Plan,” outlining permitting and enforcement improvements and updates the state has made or needs to make to ensure that the state provides all the protections required by law to its citizens and the waters they have a right to use and enjoy. This marks a major milestone in CLF’s long-running efforts to secure clean water for all Vermonters.

The federal Clean Water Act is one of the most important and successful laws our nation ever enacted. Before its passage more than 40 years ago, massive volumes of raw sewage and industrial wastes flowed freely into our lakes and rivers. Polluters responsible for this mess faced little in the way of meaningful consequences. The patchwork of state permitting and enforcement programs Americans relied on to keep our waters safe and clean simply had too many holes in it.

The law’s passage reflected a national commitment to restoring and protecting all of our nation’s waters, ensuring that they are safe for drinking, fishing, swimming, and boating, with water quality that also supports healthy populations of fish and shellfish. It established a national goal of eliminating water pollution. As important as this law is, its effectiveness depends on its faithful execution by political appointees and career professional regulators at EPA and partner state clean water agencies like Vermont’s Department of Environmental Conservation.

In 2008, CLF acted on its longstanding concerns that Vermont’s waters were suffering from excessive pollution in part because state officials were falling far short of fulfilling all of their Clean Water Act responsibilities. CLF, with tremendous assistance from its able pro-bono counsel from the Vermont Law School’s Environmental and Natural Resources Legal Clinic,  petitioned EPA to order significant improvements in Vermont’s water pollution control permitting and enforcement efforts. If Vermont officials failed to make needed improvements, CLF asked EPA to take over the lead in issuing permits and enforcing against polluters in Vermont.

After several years of investigation by EPA and negotiations with state officials, the Corrective Action Plan EPA issued represents a validation of CLF’s core concerns. It also represents a positive re-commitment to the Clean Water Act by the administration of Governor Peter Shumlin. Among the positive corrective actions Vermont has taken or will take to better control pollution per the EPA plan are:

• The final issuance of the state’s first ever permit to control pollution discharges from “Concentrated Animal Feeding Operations”—animal feedlot operations meeting certain regulatory criteria—in a manner that complies with the Clean Water Act.
• Commitments to increase annual inspections of actual and suspected “Concentrated Animal Feeding Operations” to detect unlawful pollution discharges and ensure that CAFO dischargers apply for and comply with Clean Water Act permits.
• Changes to state law allowing citizens to have a voice in the resolution of Clean Water Act enforcement proceedings.
• A plan for limiting the amount of nutrients discharged by municipal wastewater treatment plants into the Connecticut River and Long Island Sound.
• Enforcement against the Village of Waterbury sewage treatment plant that will significantly reduce one of the largest single phosphorous discharges into Lake Champlain through installation of state-of-the-art technology
• Conforming the state’s policy relating to the use of polluter’s penalty payments to EPA’s requirement
• Implementing a requirement of the Clean Water Act to prevent the degradation of existing high quality waters

The declining health of Lake Champlain and numerous other Vermont waterways underscores how far we. By implementing all of the Corrective Actions outlined above, Vermont is taking an important step in the right direction toward clean water solutions. Vermonters’ quality of life, economic vitality, and maintenance of our state’s green “brand” requires nothing less.

A manure spreader overloads a St. Albans farm field with manure resulting in a direct discharge to Lake Champlain in 2007.

CLF is committed to protecting clean water AND to supporting a healthy farming economy in Vermont and throughout New England (read more about our food and farm work here). At CLF we know we Vermonters can grow our food without poisoning our water.  We have no choice if we are going to achieve a thriving New England for generations to come.

That’s why CLF has worked so hard to get Vermont officials to admit that intensive dairy operations and other types of industrial farming that confine large numbers of animals in small spaces needed to obtain Clean Water Act permits for discharges of manure and other pollution into waters of the state. Vermont is one of the last states, and in fact may be the last state to issue a permit to minimize and eventually eliminate these discharges from “Concentrated Animal Feeding Operations” (CAFOs) under the Clean Water Act.

In 2008, CLF issued a detailed report titled “Failing our Waters, Failing our Farms: Vermont Regulators Turn A Blind Eye to Threat of Illegal Pollution from Concentrated Animal Feeding Operations.” The report relied on years of agency inspection documents showing numerous cases of manure and other discharges that clearly violated the Clean Water Act. CLF’s report called for the Vermont Agency of Natural Resources, the state regulators who run the federal Clean Water Act program in Vermont, to begin requiring polluting operations to obtain Clean Water Act permits.

Sadly, CLF’s call to action went unheeded, and cases of unchecked CAFO pollution continued, resulting in contamination of Lake Champlain and other lakes, rivers, and streams throughout Vermont. Particularly, agricultural discharges can result in harmful bacteria outbreaks and in the explosive growth of harmful blue-green algae that can make water unsafe for swimming, fishing, boating, and drinking.

When state officials failed to act, CLF, with pro bono representation from Vermont Law School’s Environment and Natural Resources Clinic, petitioned the U.S. Environmental Protection Agency to take over Clean Water Act permitting because it was clear that Vermont officials lacked the political will to adequately deal with a major group of polluters in a manner consistent with the nation’s landmark clean water law. EPA officials took CLF’s allegations seriously. Though Vermont officials initially resisted acceptance of this core water protection obligation, the last couple years have seen breakthroughs in the negotiation over the petition which in part resulted in the issuance of today’s long-awaited draft permit as well as forthcoming commitments by the state and EPA to dedicate more resources to CAFO inspection and enforcement.

CLF applauds Governor Shumlin, Agency of Natural Resources Secretary Deb Markowitz, and Department of Environmental Conservation Commission David Mears for showing the leadership to have Vermont at last embrace this important Clean Water Act obligation. Though the issuance of a draft permit is merely a small step in the right direction–CLF hopes it is a clear signal that Vermont may be ready to stop backpedaling when it comes to protecting lakes, rivers, and streams from this serious source of pollution.

CLF looks forward to examining this draft carefully and to filing comments to ensure that the permit contains all of the protections the law requires. I urge all who care about water that is safe for swimming, fishing, boating, and drinking and that supports fish and other wildlife, to examine the Draft Permit (available from the Agency’s web site here) and to send comments supporting its final adoption. There is no doubt that the powerful interests of Big Agriculture will continue to fight this positive step forward, even though many other farmers are welcoming the opportunity to be better stewards of our shared water resources.

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.

One of the fundamental concepts of marine ecology and modern fisheries management is that fish and other ocean wildlife need various types of habitat to feed, grow, and reproduce. Healthy ocean habitat is crucial to the well-being of ocean ecosystems and also provides spawning grounds for commercially important groundfish. New England’s ocean waters are home to several special places that deserve permanent protection.

Cashes Ledge, an underwater mountain range 80 miles off the coast of Maine, supports the largest and deepest kelp forest off the Northeastern United States and is home to an enormous diversity of ocean wildlife – from whales, Atlantic wolffish, and blue sharks, to fields of anemones and sponges. This kelp forest provides an important source of food and habitat for a vast array of ocean wildlife. Other places such as Jeffreys Ledge and Stellwagen Bank National Marine Sanctuary provide rich habitat for highly depleted cod and haddock, sea turtles, and four species of whales.

Most of these three areas in the Gulf of Maine currently benefit from fishing regulations which prohibit harmful bottom trawling, but these protections are temporary. Some of the largest commercial fishing trawlers in the region are pushing for changes in regulations to allow bottom trawling in Cashes Ledge, Jeffreys Ledge and the only protected portion of Stellwagen Bank National Marine Sanctuary.

After the last cod crisis in the 1990s the New England Fishery Management Council (NEFMC), after a court decree spurred by a CLF legal action, designated Cashes Ledge and an area known as the “Western Gulf of Maine” which holds Jeffreys Ledge and 22% of Stellwagen Bank National Marine Sanctuary, as “mortality closures.” The action restricted destructive trawling, but it allowed a wide array of other commercial fishing gear such as bottom gillnets, purse seines, hook and line and more the questionable practice of “mid-water trawls,” which despite their name, often catch groundfish. Recreational fishing and charter boats were not restricted.

This single protective measure restricting commercial bottom trawling helped to restore seriously depleted populations in these areas. Moreover, protecting areas like Cashes Ledge created the “spillover effect” where larger populations of fish migrate out of the boundaries of the protected area. This is why commercial fishing vessels often “fish the borders” of protected areas.

After a new stock assessment released one year ago showed that populations of cod, haddock and other groundfish were at all time lows, the National Marine Fisheries Service (NMFS) under pressure from some of the largest trawlers in the New England fleet started to hint that allowing bottom trawling in previously protected habitat areas – places like Cashes Ledge – might help to increase falling harvest amounts. At a time of the lowest recorded groundfish populations in history, how does it make sense to increase trawling in the best, remaining habitat areas?

This is why we must urge NOAA to keep our habitat protections in place.

Cashes Ledge is important not only to fish and ocean wildlife but also to scientists hoping to learn about the health and function of New England’s oceans. Many scientists believe that Cashes Ledge represents the best remaining example of an undisturbed Gulf of Maine ecosystem and have used Cashes Ledge as an underwater laboratory to which they have compared more degraded habitat in the Gulf of Maine.

The basic fact is that opening scarce protected habitat in the Gulf of Maine to bottom trawling at a time of historically low groundfish populations is among the worst ideas for recovering fish populations and the industry which depend upon them. But fisheries politics in New England remain. On Dec. 20^th the NEFMC may take action through a backdoor exemption process to allow bottom trawling in a large portion of Cashes Ledge and other areas. NOAA needs to keep current protections in place. CLF is committed to securing permanent protection to ensure the long-term health of this important and vulnerable ecosystem. Click here to urge NOAA to protect New England ocean habitat and help ensure a healthy future for New England’s ocean.

A red cod swims in the healthy kelp forest on Cashes Ledge

Note: This blog was originally posted on One World One Ocean as part of their National Sustainable Seafood Month Campaign. 

When you buy a piece of cod, do you wonder how many are left in the ocean? Are you curious about what kind of gear was used to catch the fish? Gillnets? Hooks? Or, maybe it was a bottom trawler? Do you consider a different choice – maybe there is a more sustainable fish to buy?

These are important questions to ask, but there’s something more basic to consider as well. Where do these fish live? What essential requirements do these animals have to survive and thrive in the ocean?

Figuring out what “sustainable seafood” means is a familiar dilemma for New Englanders. We have some of the most productive fisheries in the world, but we also have some of the most heavily fished areas in the world. New Englanders work very hard to manage our fisheries, and there is much we are still learning. Yet, there is one simple fact that scientists and many fishermen are very confident about – if fish don’t have healthy habitat, then we don’t have fish.

We have some very special ocean places in New England. Cashes Ledge, an underwater mountain range about 80 miles off the coast of Maine, is home to the deepest and largest continuous kelp forest in all offshore waters along the US east coast. Stretching 22 miles long and 17 miles wide, Cashes Ledge provides food and shelter to an enormous diversity of creatures – from bottom-dwelling tube worms and sponges to endangered North Atlantic right whales and highly migratory blue sharks and Atlantic bluefin tuna. Cashes Ledge is also rich in a variety of groundfish including Atlantic cod, white hake, monkfish, haddock, and redfish. Many kinds of offshore sea birds can be found dining here, such as sooty shearwaters and Wilson’s storm-petrels.

The reason for such enormous diversity and richness lies in the mountain range itself, whose pinnacles interrupt the primary Gulf of Maine current and create a stunning oceanographic phenomenon known as internal waves, which carry high levels of nutrients and oxygen from the sea surface to the sea floor. This unusual circulation pattern results in an incredibly productive ecosystem. It’s no wonder that scientists have used Cashes Ledge as an oceanographic research lab for decades. It represents one of the healthiest existing marine habitats, and if more of the ocean was like it, there would be a lot more fish.

In 2002 many habitat areas in the Gulf of Maine, including Cashes Ledge, were protected from harmful bottom trawling, and these areas have begun a slow recovery. But as large reductions in the catch of cod, yellowtail flounder, and other groundfish loom in New England, there is increasing pressure to open these areas again. Places like Cashes Ledge must be protected if we are going to keep relying on our oceans to feed us and allow our ocean ecosystems to regenerate and thrive. These are irreplaceable resources, and the permanent protection of marine habitat should be a top priority for any sustainable fisheries management plan.

While it is important to think about fish in numbers – how many we catch, how big they are, how many are left – it is equally important to consider the ecosystem on a larger scale, with all its moving parts, dependent on each other for survival. When do the plankton bloom, and where? Where are the currents taking the food? Where will certain fish spawn if their favorite ledge is dragged? How will the animals adapt to our warmer, more acidic oceans?

So, as we celebrate National “Sustainable” Seafood Month, take a moment to consider where your seafood lived before it was on your plate. The ocean ecosystems that produce the oxygen in 2 out of every 3 breaths we take, regulate our climate, drive tens of billions of dollars of economic benefits, and provide us with considerable recreational activities won’t continue to produce such benefits unless we do a better job at protecting the basic components of a healthy ocean. And, while you enjoy the good decision you made about your sustainably caught fish, also be thankful that the fish came from a good home, and do what you can to help keep it that way.

Help support habit protection for special places like Cashes Ledge – click here. 

The beauty, health, and wealth provided by the productivity of New England’s ocean is illustrated in the diversity of ocean and coastal habitat found in the Gulf of Maine, Georges Bank, southern New England waters, and the far edge of the Outer Continental Shelf. New England’s ocean habitats provide a huge economic service, but only if the underlying ecological foundation is healthy and sustained. Pushing our ocean waters to produce more fish and seafood than is sustainable can lead to a severe decline in goods and services – as we are seeing with the most recent groundfish depletion crisis – or even to an unrecoverable collapse as has happened in eastern Canada.

There are really two major components to a healthy ocean: don’t take out too much in the way of fish and other living resources and don’t put in too much in the way of runoff, nutrients, carbon dioxide, and other pollutants. In New England’s celebrated cod and groundfish fishery we have clearly been taking out too much through decades of overfishing. The National Oceanic and Atmospheric Administration (NOAA), at the request of the New England Fishery Management Council, has for years taken the riskiest possible approach to managing fish stocks. NOAA and the Fishery Management Council have set catch limits at the highest levels allowed by law and then shown great surprise when fish stocks fail to recover.

We need NOAA to show proactive leadership by ensuring a more precautionary approach to setting annual catch limits and to rebuilding fish populations. Decades of unsustainable catch levels should not continue to plague New England’s fisheries or our ocean’s health.

The other problem of overfishing is that the methods used to catch fish have gotten more destructive. Since the development of more powerful engines and sonar during World War II, fishing vessels can go farther out to sea, fish in deeper water, and drag heavier bottom trawls. These inventions not only catch a lot more fish, but also cause more damage to ocean bottom habitat – the kelp beds, boulders and rocky fields, tube worms, anemones, sponges, corals, and mussel beds which serve as nurseries and spawning areas. Over decades we are left with cumulative impacts to large areas of New England’s ocean habitat.

This makes the remaining special areas such as Cashes Ledge even more important as a place where small fish can grow and become large enough to reproduce.

In New England, NOAA is headed in reverse on its legal responsibility and the ecological necessity to further protect juvenile groundfish in their nursery grounds. The commercial fishing industry, led by big trawlers, has argued for opening these nursery grounds. Areas of sea bottom that provide essential fish habitat must be protected from destructive fishing practices like trawling and dredging.  For nearly a decade regional fishery managers have failed to take serious action to protect essential fish habitat.  It’s time to make habitat conservation a priority.

The Conservation Law Foundation, our conservation partners, marine scientists, fishermen, and ocean users agree that permanent habitat protection is needed for Cashes Ledge and other special places.

Join our statement to NOAA asking for their leadership. Click here to urge NOAA to protect our ocean beauty, health, and wealth.

In 2011, CLF Ventures, the strategy-consulting arm of CLF, received a grant from the EPA to help two New England fishing/whale watching vessels replace the aging, inefficient engines on their vessels with cleaner-burning, more efficient four-stroke diesel engines. In this video, Captain Brad Cook of the Atlantic Queen II and Captain Chris Charos of Captain’s Fishing Parties reveal how the EPA grant and CLF Ventures enabled them to update their vessels’ technology, reducing emissions and substantially cutting their fuel use:

The EPA’s National Clean Diesel Funding Assistance program is designed to reduce air pollution and exposure to diesel fumes by covering up to 75% of the cost of an engine upgrade or repower. Replacing an outdated engine with the clean-burning technology used by Captain Brad and Captain Chris reduces asthma-causing particulate matter emissions by 63 percent and smog-producing nitrogen oxide emissions by 40 percent.

The program also cuts down on greenhouse gas emissions by improving efficiency and reducing fuel use by up to 14 percent. Fuel use is a serious concern for the fishing industry. A 2005 report published in AMBIO revealed that in 2000, the industry consumed about 13 million gallons of fuel, or 1.2 percent of global consumption. If the fishing industry were a country, it would be the world’s 18^th-largest consumer of oil—on par with the Netherlands. Fishing is also one of the only industry sectors to consistently become less fuel-efficient in recent years. With declining stocks sending fishermen farther from shore, this problem will only become more severe without significant investments and improvements in technology. Programs like EPA’s Diesel Emissions Reduction Program play an important role in greening the fishing fleet and helping to make fishing more sustainable.

The program isn’t just good for the environment; it’s also good for fishermen. A more efficient engine can save a fisherman 9,500 gallons of fuel per year, cutting fuel costs and increasing profit margins. Crew aboard these vessels reduce their exposure to harmful diesel fumes, which were recently classified as carcinogenic by the World Health Organization and placed in the same category as deadly toxins like asbestos and arsenic.  Consumers asking for sustainable options will appreciate the reductions in emissions and fuel use, too, and recreational fishermen and whale watchers aboard vessels with new engines can enjoy a quieter, cleaner ride.

Still, new engines can only go so far in cleaning up the fishing fleet. The industry is built on technology that made sense decades ago, when fuel was cheap, fish were more plentiful close to shore, and consumers weren’t demanding sustainable seafood choices. Down the line, greening the fleet will mean rebuilding it from the water up and introducing lighter, safer vessels that inherently use less fuel.

Wikipedia describes the Standells’ 1965 classic “Dirty Water” as “a mock paean to the city of Boston and its then-famously polluted Boston Harbor and Charles River.” Though fans of local sports teams have embraced the song that plays so often over stadium loud speakers, most people would agree that they’d rather not have their capitol city mockingly identified with “famously-polluted” waters. That’s especially true in these hot summer months when you want to be able to swim at a City beach, fish from an urban jetty, or paddle a local river without fear of contacting raw sewage and toxic algae scums.

Nearly thirty years ago, CLF embarked on a clean water campaign to end Boston’s “Dirty Water” era. CLF lawsuits spurred significant public investments in cleanup of the Boston Harbor and have paid huge dividends as evidenced by all the restaurants and bars that have popped up along the Seaport District waterfront as the Harbor became cleaner. This past weekend, Boston even hosted the Red Bull Cliff Diving championships with divers plunging straight into the Harbor wearing nothing but speedos–something that would have been unthinkable in the years when the Harbor was essentially an open sewer.

CLF works for water that is safe for fishing, even in urban environments. Photo by Chris Devers @ Flickr Creative Commons

We’ve made great progress, but there is still work to be done. The Clean Water Act, which turns 40 this year, promises water that is safe for swimming and fishing regardless of whether local waterways lie in a major tourist district or are situated in a neighborhood where industrial activity and working waterfronts are still part of the urban landscape. Securing Clean Water Act compliance is as much about protecting the health and quality of life of Bostonians in every city neighborhood as it is about making the Hub a desirable place for tourists and the businesses that cater to them. The good news, as reported on the front page of the Boston Globe, is that CLF, EPA, the Boston Water and Sewer Commission, the City of Boston, and numerous other partners are redoubling efforts to deliver on the law’s promise for the benefit of all Bostonians.

As today’s Globe headline proclaims, Boston is embarking on a new “effort to curtail sewage” and deal more effectively with polluted runoff and sewage discharges from storm drainage pipes. The effort comes as a result of another lawsuit filed by CLF against the Boston Water and Sewer Commission for violations of its Clean Water Act permits. EPA joined the suit in 2010. Shortly thereafter the parties turned their attention to negotiating a solution to Boston’s remaining water woes with emphasis on:

•  removing illegal sewage connections that can send household sewage to Constitution Beach, Tenean Beach, and other popular swimming spots
• monitoring to quickly detect and eliminate illegal sewage connections, and
• implementing innovative techniques to filter pollution from urban runoff using more natural elements such as trees and gardens specially designed to absorb stormflows.
• Inspecting active construction and industrial sites to ensure proper pollution controls are in place

The settlement recognizes that, even if we solve all of the sewage problems, the foul brew of metals, bacteria, oils, and other harmful pollutants that can run off the urban landscape after rainstorms and snowmelts must also be addressed before we can put Boston’s “Dirty Water” era into the history books once and for all. To get to a sense of what that cleaner, greener future will look like as City officials begin redesigning pavement-heavy public spaces like City Hall Plaza, visit the Charles River Watershed Association page, which features a report on green infrastructure in and around Boston.

CLF is proud of its role in the cleanup of Boston’s iconic waterways. The investments in clean water spurred by CLF’s advocacy are paying off and will continue to do so if all of those who are responsible for pollution control follow through on Clean Water Act commitments. When that happens, it will be time for a new song about how much Bostonians love their clean water.