For miles around Rhode Island’s Central Landfill, the air often smells like rotten eggs.  In the Landfill, garbage degrades and gives off a gas that is part hydrogen sulfide (which produces the rotten-egg smell), part volatile organic compounds (which can cause cancer), and part methane (a potent greenhouse gas).  At well-run landfills, collection systems capture enough of this gas to avoid creating health and environmental hazards.  Here in Rhode Island, though, something is wrong.

That’s why yesterday CLF’s Rhode Island office notified companies associated with the Landfill that we intend to sue for violations of the federal Clean Air Act.

After a thorough investigation, we figured out that two companies – Broadrock Gas Services and its subsidiary Rhode Island LFG Genco – are not collecting landfill gas like they are supposed to be doing.  Instead, they have allowed part of their gas collection system to become submerged in water.  The gas that is not and cannot be captured by these underwater collectors instead escapes to the air we breathe.  We can tell for sure that gas is escaping because federal regulations don’t allow the air at a landfill’s surface to contain more than 500 parts per million of methane (above background levels in the air), but readings at the Landfill have been as high as 72,900.  By failing to capture harmful landfill gas, the companies have violated the Clean Air Act.

Broadrock and Genco have also been in the news lately for venting landfill gas or some byproduct directly into the atmosphere from a pipe rigged with a broom handle and held together with duct tape.  By venting this gas directly from a pipe to the air, the companies have again violated the Clean Air Act.

As the owner of the Landfill, Rhode Island Resource Recovery is legally responsible for Broadrock and Genco’s violations.  CLF Rhode Island has also learned that Resource Recovery has been operating the Landfill for the last sixteen years without a federally required permit.  By requiring Resource Recovery to get this long-missing permit – which should apply to Broadrock and Genco’s operations too – we hope to bring comprehensive oversight and a clear division of responsibilities to the Landfill.

Now that we’ve notified Broadrock, Genco, and Resource Recovery that we intend to sue – a formal step required by the Clean Air Act before initiating a citizen suit – we have to wait sixty days before filing a complaint in federal court.  But we can start negotiating to fix the problem immediately.  The recent discovery that Broadrock and Genco have been venting raw landfill gas into the air – and the landfill gas explosion that happened a few days ago – let us know that the situation is truly urgent.  And CLF Rhode Island’s notices are a strong first step in getting landfill gas under control here in Rhode Island, stopping the release of harmful pollutants, and making that pervasive rotten-egg smell go away for good.

[Read CLF Rhode Island’s notice of intent to sue here.]

The post As Plain as the Nose on Your Face: Major Clean Air Act Violations at Rhode Island’s Central Landfill appeared first on Conservation Law Foundation.

The climate equivalent of calling the Fire Department is reducing carbon emissions to head off even worse global warming and the wide gamut of effects that we are feeling and will feel from that phenomenon. On the national level, our problem is that Congress is not sure what kind of Fire Department we should have – and in fact a powerful contingent of folks in Congress refuse to believe in the existence of fire.

But here in the upper right hand corner of the U.S., the Northeast and Mid-Atlantic, our state governments have been rolling the big red truck out of the garage and taking action to address the greenhouse gas emissions from power plants, a key source of this pollution causing global warming, by capping carbon emissions through the program known as the Regional Greenhouse Gas Initiative (“RGGI”).

Today, February 7, those states (including the New England states of Massachusetts, Maine, Vermont, New Hampshire, Rhode Island and Connecticut) announced an agreement  to strengthen that cap on carbon  from 165 million tons down to 91 million tons (2012 levels).

This step, along with associated refinements to the RGGI program, is an important step toward meeting the climate imperative of an 80% reduction in greenhouse gas emissions by 2050, but we temper our applause by clearly noting that more sweeping action will be needed to get there. Listen to the wise words of Jonathan Peress, my colleague and our lead advocate on RGGI from our official release marking this announcement:

“This is a very meaningful step in the evolution of RGGI and a powerful example of how markets can drive solutions to climate change,” said N. Jonathan Peress, VP and director of CLF’s Clean Energy and Climate Change program. “Over the past four years, the RGGI program has proven that putting a price on carbon emissions and using the revenues to expand energy efficiency and clean energy as part of our mix is a formula that works. The program refinements announced today will further accelerate the ongoing transition away from dirty and inefficient fossil fuel power plants to meet our energy needs. Once again, the Northeast and Mid-Atlantic states have demonstrated a path forward for others areas of the country.”

RGGI, the nation’s first market-based cap and trade program requires power plants to hold permits, known as “allowances,” for each ton of CO₂ they release into the atmosphere. Revenue from the sale of these allowances is reinvested in energy efficiency programs that reduce costs for businesses and make the states more competitive.

Peress continued, “We applaud the New England states for supporting and strengthening RGGI as an important tool in their toolkits for reducing greenhouse gas emissions and advancing a clean energy economy. The RGGI program has proven that carbon cap-and-trade programs can reduce carbon pollution while contributing to economic growth and prosperity. However, state leaders still have much to do to meet the emissions reductions levels dictated by science and our understanding of what it will take for our region to thrive in the face of climate change. Today’s action to strengthen the regional electric power plant cap-and-trade program is a step in the right direction, but we have a long way to go.”

The new cap level locks in emission reductions achieved to date, and continues to drive additional reductions through 2020. Since it was launched in 2009, economic experts say the increased energy efficiency that RGGI is driving has been generating greater rates of economic growth in each participating state.

The post The Battle to Save the Climate Continues: The Northeastern States Reboot and Improve “RGGI” appeared first on Conservation Law Foundation.

And the larger, more important and more entrenched the thing being changed, the harder it is.

There are few things that are larger and more important than our electricity system. Just ask a parent of a child who was in the intensive care unit of a New York City hospital when Hurricane Sandy wiped away the electric grid and the emergency generators failed. In some moments, like that, electricity is quite literally a life-saver.

In 1882, the world’s first practical coal fired electric power plant came online in New York. For the last fifty years coal has been the dominant fuel and backbone of our electric generation system, spawning a  massive industrial process of extracting coal from the earth, transporting it to power plants, burning it to make heat, transforming it into electricity, and finally disposing of the plants’ waste products into the air, land and water.

Given coal’s longstanding role in maintaining a stable electricity system in this country, it is not shocking that some reasonable folks find it hard to contemplate life without it – despite the evidence of the harm it causes both to human health and the environment.

But ending our dependence on the most harmful fuels to generate electricity is part of the change we need to make if we are going to avert full-on climate disaster. The hard truth is that past emissions of greenhouse gas pollution from coal plants and other dirty fuel sources have already transformed our world, warming our oceans and increasing the water vapor in our atmosphere. As a result, the weather dice are now loaded in favor of catastrophes like Hurricane Sandy, among many other effects.

Propping up and retaining our obsolete and inefficient old coal plants so they can continue to spew global warming greenhouse gases into the air is not an option – and thankfully, the economic tide in this country is starting to turn against them. But after decades of depending on coal for electricity, many wonder how we are going to keep the lights on without it. The answer, to borrow a phrase, is: “Use less electricity, mostly renewable.”

The first step is very clear: we must be much smarter and careful about how we use electricity. This means going all out in our deployment of  energy efficiency that slashes energy use at all times, and also reducing electricity demand at the moments of greatest need when the system is pressed hardest. We are evolving towards a world where highly flexible demand will simply be a routine part of our energy system – our dishwashers, cell phone chargers and air conditioners will ramp up or down their energy use based on price signals and energy system conditions.

Second, we need to redouble our commitment to develop zero emissions renewable electricity generation like wind and solar. Every watt of energy we get from those sources displaces the need for energy that comes from the burning of fossil fuels. Eventually, we will be able to store enough of that clean power to meet demand even when the wind isn’t blowing or the sun isn’t shining. But, until that technology matures, we will still require some “firming” power to fill in the gaps.

Here in the Northeast, that power is likely to come from sources like hydroelectric dams, or natural gas fired power plants, which are cleaner and cheaper than coal, but  come with their own environmental price tags. The specter of over-dependence on natural gas is the cause of much consternation in environmental and energy expert circles. And for good reason: locking ourselves into dependence on a finite imported fossil fuel would be a mistake. Instead, we need to carefully manage our transition to a new and cleaner power system, ensuring that we maintain a sufficiently diverse portfolio of resources and keep the lights on as we move surely and steadily away from fossil fuels.

The transition from dependence on coal to natural gas in our electricity system is crudely analogous to a heroin addict moving to methadone. It is a step in the right direction and movement away from a dangerous addiction, but it is still only a partial step toward toward the full recovery we need: elimination of greenhouse gas pollution from our electric system.

Fundamental change is indeed hard, but the roaring winds of Katrina, Irene and Sandy loudly remind us that we have an absolute obligation to step up and manage the transition to a better, safer and cleaner energy future.

The post Change is Hard, Necessary: Rethinking Our Electricity System Post-Sandy appeared first on Conservation Law Foundation.

Image courtesy of epSos.de @ flickr.

New Englanders are driving and emitting more pollution every day. Emissions from New England’s transportation sector – the fastest growing emissions sector — produce about 40% of the total greenhouse gas emissions in the region, more than half of which comes from passenger cars. This is a problem for New England’s people, environment and economy.

That is why CLF has been working hard with a coalition of environmental advocacy organizations to support the creation of a Clean Fuels Standard (CFS) in eleven Northeast and Mid-Atlantic states. A successful CFS would achieve several mutually reinforcing goals:

• Reduce greenhouse gas emissions from the transportation sector through the promotion of alternative fuels (such as electricity, advanced biofuels, and natural gas);
• Drive regional economic growth; and
• Ensure energy security and insulate residents of the Northeast and Mid-Atlantic states from rising oil prices.

This week, the CFS advocacy coalition – comprised of CLF, PennFuture, Environment Northeast, Environmental Entrepreneurs, Natural Resources Defense Council, Sierra Club, Union of Concerned Scientists, Environment America, and Ceres – welcomed good news regarding litigation in California over the CA Low Carbon Fuel Standard (LCFS). On Monday, the Ninth Circuit Court of Appeals granted a motion to stay sought by the State of California and its co-appellants (including CLF, who is a party to the CA litigation). This decision blocked the injunction granted by the U.S. District Court for the Eastern District of California, which prevented CA from enforcing its LCFS regulations while the appeal was pending.

In real terms, as a result of the Ninth Circuit’s decision, the LCFS will be alive and well in CA while the Appeals Court considers the merits of the case – a significant victory for California, CLF, and the other appellants, and a positive step toward combating climate change in the transportation sector.

CLF and its partners also made important strides this week toward promoting a regional CFS by standing up against threats from the Consumer Energy Alliance (CEA), a trade association comprised of fossil fuel interests and affiliated with organizations like the American Petroleum Institute. CEA (along with the American Fuels and Petrochemical Manufacturers, American Trucking Associations, and the Center for North American Energy Security), is an opposing party in the California litigation described above.

Earlier this month, the CEA contacted Attorneys General in all of the states participating in the Northeast/Mid-Atlantic CFS program, spreading misinformation about the California litigation and threatening to lodge a similar battle against a CFS program in our region. CLF and its allies responded strongly with a response letter to the Attorneys General, making clear that CEA severely mischaracterized the direction of the CA litigation and its implications for the Northeast/Mid-Atlantic region. In fact, the CA litigation is not a predictor of the legality of fuel standards still under development in other locations, and resource-specific regional differences between the Northeast/Mid-Atlantic region and California undercut CEA’s claims. The Massachusetts version of the letter to the Attorneys General is available here.

CLF believes that a regional CFS is a crucial means of significantly reducing the region’s dependence on oil, transportation costs, and greenhouse gas emissions while at the same time providing consumers more choices. CLF will continue to work with allies to ensure that the CFS program progresses in the Northeast and Mid-Atlantic states.

The post Progress on the Road to a Regional Clean Fuels Standard appeared first on Conservation Law Foundation.

CLF President John Kassel in front of the MA State House on his commute from work.

Every year, environmentalists and the public alike celebrate Earth Day in late April. It is a day with a long, proud history – a day when, for a brief moment, we share our environmental concern with a broader public. But let’s be clear: one day is not enough.

This year marks more than 40 years since the first Earth Day, 50 years since Silent Spring, and 20 years since the Rio Earth Summit. The mounting environmental threats we face as a region, and as a nation, cannot be dealt with in a day. They require sustained effort towards a sustainable future. They require every one of us to do our part, every day.

That may sound daunting, but here’s one solution that’s as easy as walking or riding a bike: one of the best things you can do for the environment is to bike more, to walk more, or to take public transportation. This Earth Day, give your car a rest.

There’s no question that driving is a strain on our environment, our economy and our health. Transportation is the largest US consumer of petroleum, accounting for twenty percent of US greenhouse gas emissions. High prices aren’t slowing us down, either: last year Americans spent $481 billion on gas, a record high. That’s in part because the number of “extreme commuters”— those who travel ninety minutes or more each way—have been the fastest-growing category.

For all the money (and time) spent, it’s not making us happy. Drawing on a body of research, David Brooks wrote in the NY Times that “The daily activity most injurious to happiness is commuting.” Nor is it making us healthy. Commuting by car raises people’s risk of obesity, increases their exposure to pollution, reduces air quality through hazardous air pollution, and reduces sleep and exercise. Across the US, vehicle exhaust accounts for 55% of nitrogen oxides, and 60% of carbon monoxide emissions. For those driving, and the 25 million Americans living with asthma, this is a bad thing. These reasons and many more, CLF is proud to be affiliated with the Environmental Insurance Agency (EIA) that offers discounted insurance rates for those who drive less.

The portrait is clear: driving is one of the most polluting things we do nearly every day – and we don’t even think about it. If you want to celebrate Earth Day, drive less.

I’ve been a bike commuter my entire adult life. I rode to work in Boston in the mid-1980’s, and now, 25 years later, I’m doing it again. I can tell you that the over those years, the biking culture here in Boston has changed dramatically. When I first began riding, it was very common for me to stop at an intersection and be the only bike commuter. Now, I’m almost always part of a large pack.

A MassBike fact sheet claims that “in 2000, 0.52% of Massachusetts workers 16 and older (15,980 people total) used a bicycle to get to work.” Meanwhile, the League of American Cyclists claims that between 2000 and 2009 bike ridership in Boston increased by 118%. This rise makes sense, given the efforts by Boston’s bike-supporting Mayor Menino and his bike Czar Nicole Freedman, under whose tenure the city of Boston has installed more than 50 miles of bike lanes. Boston’s great bike sharing program, Hubway, also undoubtedly helps. After having been named one of the country’s worst biking cities by Bicycling magazine, last year they named us one of the country’s 26 best.

There’s no doubt we’ve come a long way. Back when I began riding to work in Boston, there was a fend-for-yourself, cowboy sort of attitude. That’s all changed, and for the better. Cyclists follow the rules far more frequently now. This makes for safer travel for all, and gains respect among drivers and the general public for this alternative form of transportation. Biking shares the road, and also reduces the need for public expenditures on roads. By encouraging biking, we make the most of our shared investment in transportation.

We need the same increase in respect for other forms of transit, like buses, subways and trains, which also help us get the most out of our transportation dollars. Instead of continuing to build infrastructure that funnels everyone onto roads across New England, in their cars, we need to share our transportation resources, for our benefit, and the planet’s.

We also need to optimize our transit system for walking, for biking, for trains and for buses. And we need to treat all forms of transportation equally. As CLF’s former President Doug Foy once said at UVA’s Miller Center, “It’s always amazed me that we refer to driving, roads and bridges and then everything else an alternative form of transportation.” Indeed. Isn’t walking the primary form, for all of us? The one we first learned to use? All of these “alternatives” should be equal forms of transportation, with equal access for all.

The growth of urban biking is due in large part, in recent years, to the power of numbers. And the improvement in bikers’ attitudes also continues to help: if you give respect, you get respect. But there’s also something else going on here: You can’t keep a good idea down. Let’s consider a few stats:

• A short, four-mile round trip by bicycle keeps about 15 pounds of pollutants out of the air we breathe. Source: MassBike.
• A 15-minute bike ride to and from work five times a week burns off the equivalent of 11 pounds of fat in a year. Source: MassBike.
• Individuals who switch from driving to taking public transit can save, on average $10,120 this year, and up to $844 a month. Source: American Public Transportation Association APTA

Who wouldn’t want to save money, improve their health, and save the earth? A newspaper put it well when they ran a headline that said, “Commuting to work is ‘bad for your health’ (unless you cycle or go by foot…).”

This Earth Day, ditch the car and pick up your bike. Or go for a walk. And then, when it comes time to go back to work, keep on riding. I’ll see you on the road.

The post Why Driving Less and Biking More Celebrates Earth Day Every Day appeared first on Conservation Law Foundation.

Photo courtesy of John Walkey, Transportation for Massachusetts (T4MA)

State law requires the Massachusetts Bay Transportation Authority (MBTA) to balance its budget. The transit authority is facing a budget gap of $161 million for FY2013. In an attempt to address this problem, the MBTA is currently proposing huge fare increases (35% or 43%) and draconian service cuts (including the elimination of 101 weekday bus routes and all commuter rail service after 10pm and on the weekends) as we have described in previous blog entries. This would be a devastating blow to transit in the region, which is the most effective way to reduce greenhouse gas emssions from the transporation sector, improve air quality, reduce traffic congestion, and provide mobility to people who may not be able to get around in any other way.

State Representative Carl Sciortino recently wrote an excellent article on WickedLocal Somerville calling for a comprehensive solution to our state’s transportation funding problem rather than putting a band-aid on this crisis and making public transportation users suffer.  In his article he encouraged residents to voice their views and we can only second that. “There will be a number of public hearings around the region in the coming weeks. Attend. Speak up. Encourage friends and co-workers to do the same,” he said.

See below for a full list of public meetings. For the MBTA website, and a for more info, click here.

Public Meetings:

The post Speak Up: Participate in MBTA Public Meetings Schedules appeared first on Conservation Law Foundation.

Tar sands activists unveil massive banner in Alberta, Canada

Pop quiz: Which country is the biggest exporter of oil to the United States?

Venezuela? Mexico? Saudi Arabia? None of the above. The correct answer is America’s neighbor to the north, Canada.

In a story that will almost certainly not make headlines in mainstream American news outlets, a group of activists blocked tar sands mining operations in Northern Alberta. The activists unveiled a massive banner and chained themselves to equipment.

Most of Canada’s oil comes from the tar sands – a bitumen rich deposit of sand, clay and water the size of England. It is the single the largest industrial project in the world.

Creating usable petroleum from the tar sands isn’t easy – or environmentally friendly – and has only been feasible in light of higher oil prices and newer technologies.

According to Greenpeace:

Tar sands Greenhouse Gas (GHG) emissions, already nearing those of Norway, could soon more than triple to 140 million tonnes a year, as outlined in a Greenpeace report by award winning author Andrew Nikiforuk released this week. At that point they would equal or exceed those of Belgium, a county of 10 million. These numbers account only for the production of tar sands oil, and do not account for the massive additional GHG impact of burning the fuel.

Tar sands mining has other detrimental impacts on the environment, including toxic runoff and deforestation. CLF’s work on the Low Carbon Fuel Standard is intended to, among other things, reduce use of bitumen mining.

The activists hope to put the tar sands in the spotlight as President Obama and Canada’s Prime Minister, Stephen Harper, meet in Washington, DC today.

The post Activists block tar sands mining operation. appeared first on Conservation Law Foundation.

And mantra number one is: “The scary part is . . .” because every time you think you have seen it all, something worse and new comes along.

The latest comes to us from the National Center for Atmospheric Research:

Arctic temperatures in the 1990s reached their warmest level of any decade in at least 2,000 years, new research indicates. The study, which incorporates geologic records and computer simulations, provides new evidence that the Arctic would be cooling if not for greenhouse gas emissions that are overpowering natural climate patterns.

Excellent discussion of this at Joe Romm’s Climate Progress blog.  And here is the NY Times article.

Will this motivate you to take action?

The post The latest scary climate science . . . appeared first on Conservation Law Foundation.

But how will it really end? If the latest scary climate science is any indicator, it looks like humans may be to blame. We know that climate change is happening all around us, but it looks like things are changing a lot quicker than any of us expected. As such, it’s time for a climate change reality-check. Did you know?

• Temperatures are already on the rise. Since 1970, winter temperatures in the Northeast have increased by an average of 1.3 degrees per decade—changing and damaging marine life, forests, agriculture, recreation and human health.
• Extreme storms are becoming more frequent. Boston and Atlantic City, for example, can expect a coastal flood equivalent to today’s 100-year flood every two to four years on average by mid-century, and almost annually by the end of the century.
• The oceans are rising. Scientists project that sea levels could rise another 4.5 feet by the end of the century—inundating our coastline and claiming countless low-lying communities from Portland, Maine to Boston to Hyannisport and beyond.
• Heat waves are expected to increase. Within our children’s lifetimes, Northeast cities like Boston or Hartford could experience 20-30 days above 100 degrees causing pain, distress and even increased mortality for our vulnerable citizens.
• Our snow season is becoming shorter and shorter. By late this century, the length of the snow season could be cut in half across northern New York, Vermont, New Hampshire, and Maine, and reduced to a week or two in southern parts of the region, a trend that may have already begun.
• Plant and animal populations are shifting northward. Species like the fir and spruce are expected to all but disappear from the region by the century’s end. The Baltimore oriole, American goldfinch and song sparrow populations will become much less abundant.
  (Source: NECIA’s “Confronting Climate Change in the U.S. Northeast: Science, Impacts, and Solutions”)

The facts speak for themselves. It’s clear that the road on which we’re traveling is a dead end. Fortunately, we have the opportunity to make a u-turn—but it’s going to take your help to turn this country and this planet around.

What can you do about it?

As we catapult towards the point of no return, it’s time to hit the brakes. Confront the climate threat today and demand a new energy and climate law now!

It takes less than 30 seconds to use and customize our pre-written letter to your Senators urging them to pass a smart and effective “cap and trade” climate law. Click here to do your part.

The post Climate Change Reality Check appeared first on Conservation Law Foundation.