The new storage tunnel will result in significantly cleaner water for beachgoers at Carson Beach in South Boston. Photo credit: bostonharborwalk.com

It’s been a busy day for South Boston on several fronts – but the dawning of a new era for a transformed Boston Harbor and the environmentalists, legislators and other officials who have been fighting for a clean harbor for nearly three decades. Today marks the opening of a massive sewage holding tank – called a CSO (combined sewer overflow) storage tunnel -  under South Boston that will store gallons of stormwater that would normally overwhelm the city’s sewer system and cause untreated sewage to be released into Boston Harbor. The change will make the beach “one of the cleanest in America” and bring the rate of beach closures down from eight per summer to one roughly every five years, according to this front page article in today’s Boston Globe.

It’s the gratifying ending to a story in which CLF has played a lead role since the beginning. Twenty-eight years ago, CLF filed one of the key lawsuits ordering that the harbor be cleaned up. Today, CLF’s Peter Shelley is one of the only original lawyers involved in the massive and long-running court case who has seen it through to fruition.  Key participants in this morning’s ribbon cutting ceremony for the new storage tunnel came on to the scene decades after the filing, in 1983, of the still-pending case that still bears the label Conservation Law Foundation vs. Metropolitan District Commission (the now-disbanded state agency that used to oversee the water and sewerage systems of Greater Boston).

The ceremony today reflected back on the long struggle to clean the harbor but, appropriately, also looked to the future.  Frederick Laskey, Executive Director of the Massachusetts Water Resources Authority (MWRA), the state authority created to execute on the massive harbor cleanup, spoke eloquently about the collaboration between governments, business the advocacy community and the neighborhoods that was needed to execute on a vision of a cleaner harbor and beaches. Laskey especially noted the courage of the representatives of the many municipalities in the Greater Boston region in accepting the regional nature of the project and the need to spread the cost of creating swimmable beaches and a clean harbor across the whole metropolitan area.

State Senator Jack Hart, Secretary of Energy and Environmental Affairs Richard Sullivan (who also serves as Chairman of the MWRA Board) and  Department of Conservation and Recreation Commissioner Edward Lambert echoed Laskey’s remarks, emphasizing the importance of community collaboration and the value of clean beaches.

U.S. District Court Judge Richard Stearns, who today presides over CLF v. MDC and the continuing harbor cleanup, discussed the hard work needed to get to this day and offered a tribute to the vision of Judge David Mazzone, who had previously handled the case. In 2004, during his final illness in 2004, Mazzone handed the case over to Judge Stearns, conveying his belief that a CSO tunnel was needed and “could be completed by May 2011” for the cost of less than $250 million (in this morning’s speech, Stearns noted that the project came in right on that schedule and in fact under the initial cost estimate).

EPA Regional Administrator Curt Spalding spoke about the difficulty of executing on a project of this magnitude and the importance of core environmental laws like the Clean Water Act, which he proudly noted was championed by another Rhode Islander, Senator John Chafee, that provided clear direction regarding our national policy and the need to create clean and swimmable waters.

Thanks to the tenacity of CLF and others, today’s parents don’t have to worry that a day at the beach could make their children sick, and a new generation of kids won’t have beach closings put a damper on their summer days. But our work is nowhere near complete.  Yes, we need to continue to ensure that the right infrastructure, like this CSO structure in South Boston, is in place to treat our stormwater appropriately. But even more importantly we need to build and manage our buildings, our land and our roads in a way that recaptures as much rain water as possible.  We need to treat rain and snow as the precious resources that they are, moving away from a view that these gifts from above are a waste product that needs to be treated and shunted off into the sea. With those notions in mind, Massachusetts will continue to set an example for the region and the nation of the right way to restore a precious community resource and iconic piece of New England’s history.

Photo credit: Red9898, flickr

Who doesn’t want to live in a Great Neighborhood? On June 23, join some of your neighbors — whether you share a block, town, state or region — along with CLF and the MA Smart Growth Alliance at the Great Neighborhoods Summit 2011: Placemaking in Action. This event, to be held in the Campus Center Ballroom at UMass Boston, brings non-profit organizations, political leaders, academic and policy experts, grassroots activists, and community leaders together to discuss the importance of placemaking and to share ideas about how to inspire collective action that transforms communities and drives local and regional change. Notable events include:

• Opening Remarks by the Honorable Thomas M. Menino, Mayor of Boston
• Metropolitan Issues and Collaboration Across Sectors
• Great Neighborhoods: Regional Change through Local Action
• Panel Discussion: Five Examples of Placemaking and Transformation in Greater Boston
• Keynote Address by Fred Kent, President, Project for Public Spaces: Creating “Place Capital”

Click here for a full schedule of events and speakers.

Great Neighborhoods are active, environmentally friendly and welcoming places where community and business leaders, residents, and public officials work together to create affordable homes, job-generating offices and stores, and recreational spaces close to public transportation. Residents are able to spend more time interacting with neighbors, biking or walking and less time commuting. Massachusetts is leading the way with this groundbreaking initiative that serves as a model for smart community and regional planning, and we need your help.

Great Neighborhoods Summit 2011: Placemaking in Action
Thursday, June 23, 2011
8 a.m. – 12 p.m.
UMass-Boston Campus Center, 3rd Floor Ballroom
100 Morrissey Boulevard, Boston (map and directions)

All are welcome. Register today!

Visit www.ma-smartgrowth.org for more info and the latest news and updates.

Mount Hope Bay (photo credit: John McDaid)

After nearly a decade, Weaver’s Cove Energy (WCE) finally abandoned its liquefied natural gas (“LNG”) terminal project that initially had been proposed for Fall River, MA and, more recently, for the middle of Mt. Hope Bay just off the shores of Somerset, MA. This puts to an end a project that would have required massive LNG tankers to pass through dozens of miles of waters adjacent to some of New England’s most densely populated coastlines, and would have included a four-mile-long cryogenically cooled LNG pipeline through critical winter flounder spawning habitat in Mt. Hope Bay and up the mouth of a federally designated Wild & Scenic River.

Despite significant litigation, extensive public opposition, and questionable economics, WCE LNG persisted for years in its ultimately fruitless pursuit of state and federal approvals for the project. For a number of those years, CLF took a leadership role in pressing for comprehensive environmental review, calling for a regional analysis of LNG terminal siting in New England, and insisting that federal authorities take a hard look at clean energy alternatives.

CLF is proud to share this victory with the many stakeholders who worked tirelessly to protect Mount Hope Bay, Narragansett Bay, and the Taunton River –from dedicated local activist Joe Carvalho to the talented attorneys representing the City of Fall River and the Massachusetts Attorney General’s Office, and from tenacious members of Massachusetts’ Congressional delegation to former Fall River Mayor Ed Lambert who vowed “death by a thousand paper cuts” to WCE’s ill-conceived project.  Now, all of the people and natural resources that depend on these important waters no longer need to sing the “LNG Blues”!

Listen to “LNG Blues,” written and performed by local activists in Somerset, MA:

LNG Blues by conservationlawfoundation

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.

Massachusetts Senator Scott Brown has been striking a defensive pose in recent weeks as non-profit groups and the thousands of Massachusetts voters they count as members called him out about his votes on the environment. A new radio ad from CLF and NRDC, launching today in major markets across Massachusetts, asks Brown to explain his latest votes in support of big oil, approving the continuation of huge subsidies for oil companies and opening up New England’s oceans (among other areas) to new offshore drilling. Brown’s rhetoric setting up a false choice between protecting the environment and creating a thriving Massachusetts economy is ringing hollow. We wonder what his response will be this time.

Siding with Big Oil – Senator Scott Brown by conservationlawfoundation

TAKE ACTION NOW! Tell Senator Scott Brown to protect our coasts, not big oil.

May 17th was a good day for fish and Massachusetts fishermen. In a harsh but eloquent opinion issued on Tuesday, the federal First Circuit Court of Appeals told the U.S. Coast Guard in no uncertain terms that it had failed to meet its responsibilities to fully evaluate the potential environmental impacts of its decision to overrule protections that Massachusetts put in place to protect Cape Cod, Buzzards Bay and the islands from further oil spills from coastal oil transport.

At issue was a new set of state rules, adopted by the Massachusetts legislature after the disastrous Bouchard oil barge spill in 2003 on a rock outcropping in Buzzards Bay. The state rules imposed mandatory tug escorts for oil barges, barge manning, and crew task requirements that were stricter than existing federal rules. The Coast Guard didn’t like being second-guessed on safety issues and issued rules that overruled the Massachusetts effort with more lax and oil transport-friendly requirements. The Commonwealth of Massachusetts and Coalition for Buzzards Bay challenged that action in federal district court and Conservation Law Foundation also briefed the case.

On appeal from an unfavorable lower court opinion, the federal Court of Appeals agreed with Massachusetts, chastising the lower court that it had misread legal precedent. The Court of Appeals held that the Coast Guard had done no environmental review at all despite the “tidal wave” of public concern about the consequences of the weaker rules and increased risks of more oil spills. Instead of a “hard look” at those risks, the Court found that the Coast Guard had, at best, given them a “brief glance.” In trying to avoid confronting the safety issues, the Appeals Court said, the Coast Guard “rip[ped] out the heart” of its own rules.

A bird covered in oil as a result of the Bouchard oil barge spill (Photo: MA EOEEA)

Unfortunately, the fight to protect Cape Cod, Buzzards Bay, and the Islands is not over, and further vigilance will be critical. The case will now be sent back to the Coast Guard to complete the necessary environmental review. We can only hope that they will be more responsive this time around. Coastal oil transport is no doubt critical to our regional economy but it must be done with maximum protections. Oil economic interests should not trump coastal safety issues. The future of our fisheries depends on clean coastal waters as does the health of all marine life, from fish to fowl to mammals.

A great debt is owed to the Massachusetts legislature for acting so forcefully on this issue and to the Massachusetts Attorney General’s office and the Coalition for Buzzards Bay for their intelligent and passionate defense of these state interests. May 17, 2011 was a good day for our oceans.

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.

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Today marks the beginning of the end of coal’s dirty energy legacy in New England, as Dominion of Virginia, owner of Salem Harbor Station power plant in Salem, MA confirmed that it will shut down the facility by 2014. Dominion also said that it would shut down two of the 60-year-old plant’s smaller coal units this year.

The announcement ushers in a new era of clean air, clean water and clean energy for the community of Salem, MA, and of New England as a whole. The announcement is monumental  not just for the people of Salem who can now see the end of their long struggle for cleaner air, but for New England as a whole. At last, technology has caught up with these polluting vestiges of the past, making them uneconomic and impractical to run.

Salem was one of the plants targeted by CLF’s Coal-free New England campaign, which aims to shut down the region’s remaining coal-fired power plants and make way for a clean energy future. Earlier this year, CLF was instrumental in the closure of Somerset Station power plant in Somerset, MA. More >

The wait is finally over. There is a clear path to the complete shutdown of Salem Harbor Station by June 1, 2014. Yesterday, ISO-NE presented its preferred option for upgrading the transmission system to relieve any need for the polluting, obsolete, and un-economic coal- and oil-fired plant. The solution is simple, cost-effective, and clean.

Instead of propping up the 60-year-old plant with above-market payments to be on call when electricity demand is highest, a transmission solution would upgrade the lines so they can carry more power into the area. The advantages are clear: by upgrading the transmission infrastructure, ratepayers will reap the benefits of a reliable system for years into the future at much lower cost than continuing to operate an out-of-date plant that emits tons of toxic pollution into the air each year.

The preferred alternative identified by ISO-NE is one of four that it presented in a compliance filing it submitted to FERC in December of 2010. FERC had directed ISO-NE to identify these solutions as the result of a protest lodged by CLF. The presentation yesterday was a result of Dominion’s February 2011 request to retire all four units at Salem Harbor Station. Although ISO-NE determined that Units 3 & 4 may still be necessary for reliability under existing system conditions, it has concluded that the proposed alternative would allow the units to retire without impacting system reliability.

The focus on existing lines, rather than building new ones, would reduce the cost and the timeline for implementation of the solution. CLF is confident that these upgrades can be completed and placed in operation in time to ensure that Salem Harbor Station shuts down no later than 2014, and possibly even earlier. With a confirmed date for shutdown, Salem residents and area ratepayers can better anticipate what’s next for Salem and pursue clean energy alternatives and economic development options now being studied for the site. CLF will work with ISO-NE, the transmission owners, and state agencies to make an expedited shutdown a reality.