Rural states like Maine struggle with mass transit issues.  With limited federal funds and even more limited state and local funds, getting the requisite amount of money to fund transit infrastructure can be a herculean task.  Maine has 23,142 miles of roads, compare that to New Hampshire – it has less than half the state roads as Maine yet a slightly smaller population (1,318,301 versus NH’s 1,324,575) and the same transportation funding.  The result is that Maine must squeeze every bit of value it can out of each transportation dollar it receives.  So when it comes time to funding expensive, long term transit projects, it can be a tough sell.  Witness the recent reaction of the transportation committee to the ZOOM bus bill.

So how do Mainers cope with rising gas prices and the need to traverse long distances, often around rural or semi-rural areas, just to get to work?  Well, thousands of available seats already exist in vehicles traveling down the very same roads you commute on, every day, going the same way you are going, at the same time you are traveling.  Yep, it’s all those empty car seats right next to you.  Ok, groan if you must about pre-conceived notions about carpooling, but you might be surprised at how easy it is, thanks to GoMaine’s  interactive commuter ride-matching website.

Not ready for a long term commitment?  No problem, GoMaine just launched a single trip carpool finder so you can catch a ride to Camden for a festival, or save on parking by taking one car downtown for a show.  Not sure about the exact address of where you are heading?  The site uses Google maps so you can at least get close.  The ride-matching system on the GoMaine site has a trip planner, a commuter log that tracks your commuting choices and calculates the pollution and financial savings that go with it.  So, let’s talk about those pollution and money saving benefits.

Take a very typical commute – Lewiston to Portland.  Because housing costs are relatively cheaper in Lewiston but more job opportunities  are in Portland, many Mainers find themselves making the 49 mile haul each way, every day.  First, let’s address the environmental impact of that commute.  If you are going solo five days a week, that commute is releasing 20,012 lbs of carbon into the atmosphere every year.  (By comparison, the average CO2 emissions for a single occupancy vehicle in America is 11,634 lbs per year).   If you had just one person sharing that ride with you, you at least bring your commuter carbon emissions down to the national average.

Next, let’s talk about your wallet.  Assuming you never drove anywhere else but to work and back in your 25mpg car, at today’s gas price of $3.97, you are paying $3,890 a year, in gas alone.  Add to that tolls, wear and tear on your car, and you are paying a lot of money just to get to your job.  But say you have 3 people in your car so you all split that cost.  Each of you pays $972.50 a year instead.  What could you do with an extra $2,000 in your wallet?

Major voices in the New England Fishing community speak up in support of the Regional Greenhouse Gas Initiative (RGGI) in this letter to SeafoodSource (a fishing industry website):

The oceans provide food for the world. As fishermen, growers, employers, and participants in the seafood industry, we are gravely concerned about the silent toll that ocean acidification has begun to take on marine resources. Seafood supplies, and our jobs and businesses, depend on healthy oceans.

That’s why we support continuation of the Regional Greenhouse Gas Initiative (RGGI). RGGI helps to reduce carbon dioxide (CO2) emissions from large power plants in the 10 states from Maryland to Maine.

These emissions don’t just foul the air. They mix into the oceans and increase the acidity of seawater. More than 30 billion tons of CO2 poured from the world’s tailpipes, smokestacks and cleared lands in 2009, mostly from burning coal, oil, and gas. In seawater the CO2 forms carbonic acid. The acid depletes the ocean’s rich soup of nutrients that support shellfish, corals, many plankton species and the marine food webs that underpin the world’s seafood supply.

(more…)

After weeks of debate regarding Darryl Brown’s eligibility to serve as the commissioner of Maine’s Department of Environmental Protection, on April 27 Attorney General William Schneider issued a letter stating that Brown was likely unqualified to serve in the position under Maine law. Following that announcement, Brown resigned.

CLF and others voiced their concerns about a potential conflict of interest that would affect Brown’s ability to continue serving in the post in the months following his appointment in February. Maine law states that anyone who has received at least 10 percent of their income over the past two years from work for clients under the Clean Water Act is ineligible to serve as DEP commissioner. Brown is the founder and sole shareholder of Main-Land Development Consultants, an engineering and land-use planning firm, and had originally stated at his confirmation hearing in January that between 25 and 35 percent of his firm’s work fell into that category, but later insisted that he did not exceed the 10 percent threshold. Schneider’s letter stated that if Brown couldn’t produce documents demonstrating that his income did not exceed the 10 percent threshold, he would be ineligible for the position. The Attorney General also made clear that any such documents submitted by Brown would be subject to Maine’s Freedom of Access Act.  Claiming that the potential release of documents could potentially hurt his business, Brown’s attorney had sought assurances that the documents would not be released.  Brown’s resignation followed shortly after the Attorney General’s letter was released.

Brown’s resignation must have been anticipated by the LePage Administration, which immediately announced that Brown would become the director of the State Planning Office, which LePage has previously indicated he intends to do away with by 2012.  Jim Brooks, currently the director of the DEP’s Bureau of Air Quality, will serve as acting DEP commissioner.

Last week was a busy week for the Land Use Regulation Commission (LURC).  First, intervention status was granted to CLF and several other organizations in the Highland Wind case, a 39 turbine project located in Somerset county.  In addition, the Commission was presented with a novel legal argument.   The issue revolves around what sort of scenic standard should be applied to “associated facilities” of a grid scale wind power development.  The various components that make up the physical characteristics of a wind development consist of two broad categories: 1) generating facilities (the turbines, towers and transmission lines) and 2) associated facilities (the roads, buildings, generator lead lines, substations, etc…).

Historically, the scenic impact of both sets of facilities were evaluated under the Wind Energy Act (WEA) that seeks to provide meaningful guidance on evaluating scenic impacts by providing a list of 6 criteria that the applicant must adhere to.  However, last week, Commissioners were asked to apply an exception provided for under the WEA statute.  The exception provides that if the Commission “determines that application of the [wind-power-specific standard] to the development may result in unreasonable adverse effects due to the scope, scale, location or other characteristics of the associated facilities” then the Commission can revert to the more general standard when assessing the effect of the associated facilities on the scenic character of the affected area.

One of the issues that the parties and the Commission will be struggling with going forward is how to comprehensively analyze scenic impacts.  Wind energy development, of necessity, includes associated facilities.  How exactly do you go about erecting the turbines without the roads to transport the turbines in the first place? Better yet, once there, how do you collect the power generated without lead lines and substations?  Should the various parts of a single, cohesive development be judged with two very different standards?

LURC was clearly in a difficult position when grappling with whether to apply the exception.  The language of WEA lacked guidance on what sort of fact based criteria should be considered in determining whether the exception applies.  In the end, in a decision of first impression, LURC opted to apply the exception so that associated facilities will be evaluated by a different scenic standard from generating facilities.    The decision was hailed by wind opponents but the ultimate result of the decision has to be determined.  What is needed, by either LURC or the legislature, is clear guidance and a meaningful standard on when the exception should apply so that all parties can move forward with a sense of consistency on what standard will be applied to a project.

ME DEP Commissioner Darryl Brown (Photo credit: maine.gov)

CLF is once again calling for increased transparency from the LePage Administration, this time with regard to whether or not Darryl Brown, who was confirmed by the Senate last month as Governor LePage’s appointment to be commissioner of Maine’s Department of Environmental Protection (DEP), is eligible to stay in his current position according to State and federal law.

Brown is the founder and remains the sole shareholder of an engineering and land-use planning firm that assists developers and industry obtain permits from the DEP and EPA.   At his confirmation hearing in January, Brown said that between 25 and 35 percent of his firm’s work involved DEP permitting.  Under state law, (38 MRSA $ 341-A(3)(B)), anyone who has received at least 10 percent of their income in the last two years directly or indirectly from projects permitted under the Clean Water Act are not eligible to serve as DEP commissioner.

The question of Mr. Brown’s eligibility to serve as Commissioner was first raised by former CLF staff attorney Steve Hinchman on behalf of the Androscoggin River Alliance in a February 7 petition filed with the EPA under a CWA provision that is similar, although not as broad, as the Maine statute.  Importantly though, both provisions use the same 10 percent threshold test.  EPA has requested that Mr. Brown provide information by April 15 to determine whether that threshold has been crossed.  Maine’s Attorney General and the Governor’s office have refused to say whether they have even met to discuss the situation, never mind how they intend to resolve it.  As an independent Constitutional officer, CLF has called upon the Attorney General’s office to provide a formal opinion as to how the law applies to Commissioner Brown and whether he has crossed the 10 percent threshold in the last two years, a call formally echoed by the House Democrats on April 5.

CLF will continue to push for a fair and speedy resolution of the issue, whatever that resolution might be.  CLF is not pushing this issue in order to disqualify Commissioner Brown nor to make a statement as to his performance as Commissioner.  Rather, we’re pushing to make sure that the law is interpreted and applied correctly.

It is possible that even though 25-35 percent of Brown’s was related to DEP permitting work but only 10 percent of his work was related to Clean Water Act permits.  But there will be no confidence in such a conclusion until a transparent and thorough analysis is conducted by the lawyers for all of Maine’s people, the Attorney General.

Portland Head Light, marking the southwest entrance to Portland Harbor (Photo Credit: Maine Department of Conservation)

The success of the new sectors approach to groundfish management, in which fishermen fish in community-based cooperatives (“sectors”) allocated a share of the annual catch limit in the fishery, is becoming more and more recognized as politicians such as Maine Congresswoman Chellie Pingree are speaking out in favor of the new system. Today, Congresswoman Pingree issued a press release declaring that the new sector regulations are working and noting that under the sector system, revenue for Maine fishermen is up over the previous year. The press release, which can be read in full here, also notes that Congresswoman Pingree spoke with Eric Schwaab, the top federal fisheries regulator, to reinforce her support for the current system and ask him to keep the regulations in place. A recent article in the Portland Press Herald also offered evidence of sectors’ success with quotes from a Maine sector fisherman saying that the new program has allowed fishermen to earn more money and reduce bycatch. The article also noted that Maine Senator Olympia Snowe recently asked federal regulators to continue with the sector system. CLF has long been on the record in support of Amendment 16 and the sector management plan it created, and it’s certainly encouraging to hear our local leaders and fishermen agree that sectors are helping to rebuild New England’s groundfish stocks and sustain its coastal communities.

The Transportation Committee voted unanimously yesterday during a work session on the ZOOM bus bill that the bill “ought not to pass.” The vote, while unfortunate, does not permanently end the ongoing discussion on how to best address Maine’s growing transit needs.  Procedurally, consideration of funding for any expanded ZOOM bus service will be folded into an omnibus bill that will require the Transportation Committee to make difficult decisions on how the Maine Turnpike Authority should spend its money.

Capital expenditures will face increased scrutiny in the wake of the appointment of Interim Executive Director (IED), Peter Mills.  In that budget process, buses will be pitted against bridges.  Mills has made it clear that he needs a clear sense of exactly what is expected from the MTA fiscally and for some serious prioritization to take place. In recent weeks, Mills’ actions have been resonating through the gilded halls of the MTA. He canceled a MTA employee banquet. He donated his “free” company ride to work crews, and he canned all those pricey external lobbyists. In short, he is the antithesis of his predecessor. For those of us advocating for accessible transit options, we can only hope that his new vision extends to how Mainers efficiently move around the state.

Ten years from now, we can’t afford to all be wondering why we can’t get there from here without jumping in our cars. Reliable, cost-effective, accessible transit between the most populated and most productive economic hubs is critical and CLF remains committed to making that happen. Please join us for the ride.

Atlantic cod

CLF has been working for twenty years to end overfishing in New England and to rebuild the imperiled fish populations that are the foundation of our regional fishing future. The New England fishing industry was subsidized to grow so big that its capacity to catch fish exceeded the capacity of the ocean to produce fish, and historic lows of fish populations (determined using data that span many generations) were reached in the mid-1990s. Since that time, the struggle to re-balance fishing effort with natural reproduction levels has been economically painful, and with few viable, options many fishermen have been forced out of the business or into other fisheries.

We at CLF see some light at the end of the rebuilding tunnel now. Fish populations are coming back, and in some cases, like haddock, they are fully rebuilt. Others, such as Atlantic cod, won’t be fully rebuilt until 2026, but they are gaining ground. The most recent fishery management plan, Amendment 16, helps ensure the continuation of this rebuilding trend. This plan is being legally challenged by New Bedford and Gloucester and some others. CLF is for the first time intervening in a court action on behalf of the government to defend this management plan, which ends overfishing, establishes enforceable quotas on fishing, and offers new flexibility to fishermen in how and when they fish.

CLF is not alone in our optimism that Amendment 16 finally is creating a future for the fishing industry. For an interesting perspective from one of Congress’s great ocean champions, former Representative Tom Allen, read this op-ed he authored in the Portland Press Herald. In his writing, Tom displays the vision, the compassion, and the judgment that convinced his constituents to send him back to Congress time after time. He offers a different perspective on the doom-and-gloom that occupies much of the slanted reporting that some local papers have been carrying.

Larry King gets a shocker when guest star, Sarah Palin, makes an intelligent and logical pitch for mass transit in Maine!

Bottom line: If you don’t want to listen to us, at least listen to Sarah. The ZOOM proposal would expand mass transit between Maine’s largest cities, increasing the current service between Portland and Biddeford and Saco and adding routes between Portland and Lewiston/Auburn and Augusta–and with full buses and park-and-ride facilities at capacity, it’s a service that Maine commuters desperately need. The proposed bill, introduced in January, would increase commuter transit options, reduce household expenditures on gasoline and diesel, increase employment opportunities and productivity and reduce government expenditures.

Want to know more? Now’s the perfect time to get on board. Speak out in support of the ZOOM bill at a public hearing this Tuesday, March 22 at 1 p.m. at the State House in Augusta. Prior to the hearing, CLF and the Maine Alliance for Sustainable Transportation (MAST) will host a press conference beginning at noon in the same location. It’s the perfect chance to learn more, get your questions answered and hear straight from the bill’s co-sponsors why they think the ZOOM proposal is essential to Maine’s development. Details at www.clf.org/events.