Another tipping point has arrived for New England fisheries.

Maybe the science assessment will change, maybe disaster relief will come from Congress, maybe our analysis (click here) of the government data is wrong, maybe cod will change their recent low productivity characteristics. But should fisheries managers bet the inshore fleet and large segments of the recreational fleet on it?

Given the risks of further potential declines of spawning stock biomass below the lowest levels ever observed, we think it would be just plain wrong and irresponsible to dodge this biological crisis and try to push it off to 2013. There aren’t any good choices but there may be choices that are less irreversible or harmful than others.

What is the New England Council thinking?

courtesy Society for Protection of New Hampshire Forests

Last week brought a fitting capstone to the botched year-long rollout of the Northern Pass project.  In a disturbing turn of events, the project developers sought to scuttle a historic plan to preserve a storied wilderness in New Hampshire’s North Country. Their attempt failed, but what the episode says about their future tactics is anything but encouraging for New Hampshire and the region.

Northern Pass Transmission, LLC (NPT) – a partnership between Northeast Utilities and NSTAR – has spent 2011:

• misrepresenting the Northern Pass project’s environmental benefits,
• misleading the public about potential savings to New Hampshire electric ratepayers,
• withdrawing and refusing to analyze alternatives (including options that would avoid overhead lines through the White Mountain National Forest),
• blocking a full assessment of the nature and extent of the region’s need for more electricity imports from Canada, and
• trying to buy off landowners along the northernmost 40 miles of the project.

It has been clear for some time that the current proposal is really about two things – securing profits for Hydro-Québec and propping up NU subsidiary PSNH’s weakening bottom line. CLF is not alone in wondering: what’s in it for New Hampshire?

Last week was a vivid preview. And if you care about New Hampshire’s iconic wilderness landscapes or the organizations that protect them, it’s not a pretty picture.

Earlier this fall, we learned that NPT was bidding to purchase a strip of land through one of the North Country’s crown jewels – the magnificent Balsams estate in Dixville Notch – from its owner, the Neil Tillotson Trust.

Enter the Society for the Protection of New Hampshire Forests (SPNHF), a key collaborator with CLF on Northern Pass advocacy and one of the state’s leading land conservation organizations. Culminating a decade of effort to preserve the Balsams landscape, SPNHF secured from the Trust a conservation easement over 5,800 acres of spectacular wilderness surrounding the resort, provided that SPNHF raises $850,000 for the easement by mid-January. (You can follow the effort here. Word is that, as of today, SPNHF is nearly a third of the way there.) The easement would preclude any transmission corridor.

The land is an ecological and scenic marvel, and the deal marks a historic land preservation achievement for SPNHF, the Trust, and New Hampshire as a whole.

The Balsams Resort in winter (photo credit: j-fi/flickr)

NPT’s bizarre and audacious response: launch a legal attack on the conservation plan.

Last week, NPT asked the state Attorney General’s Office to disapprove the easement on the ground that NPT’s earlier bid was higher. Then on Friday of last week, NPT made a very public offer to buy both the transmission corridor and the conservation easement, which would secure a right to site the Northern Pass project on the Balsams property. The last move was particularly odd because most bidding wars don’t involve publicly bullying a seller – a respected charitable trust no less – into accepting an offer.

As noted in the Concord Monitor and on NHPR, news came late Friday afternoon that the state Attorney General’s Office had approved the sale of the conservation easement to SPNHF, despite NPT’s objections and richer offers. The approval letter noted that it was well within the Trust’s charitable purposes and discretion to sell the easement to SPNHF for less than NPT’s offer. In other words, the Trust should be free to decide that preserving the Balsams property for the benefit of the North Country is more important than the Trust’s financial return.

Why was NPT’s attack on the conservation plan so troubling?

• NPT sought to undermine land preservation efforts throughout New Hampshire. Land preservation almost always requires generosity – the landowner’s decision to accept less than market value or to make an outright donation of an easement. If it had been successful, NPT’s legal attack would have left no room for such generosity, granting any private developer the power to block a landowning non-profit’s preservation of its land whenever the developer offered more money than the conservation organization or community that would hold the conservation easement.
• NPT is on war footing.  NPT is pursuing the equivalent of scorched earth litigation, resorting to strong-arm tactics and legal appeals to the state, including a threat of litigation to block the SPNHF easement that, as of today, remains on the table. At this early stage of the project’s permitting, this is exactly the opposite of what we need – a well-informed regional and statewide dialogue about our energy future, the project’s potential role if any, and the alternatives to traditional overhead lines along NPT’s proposed route.
• NPT has broken its promise to find a route “that has support of property owners.”  The Trust made a decision not to sell to NPT; within days, NPT was crying foul to a state official.  NPT’s appeal to the state reveals, for all to see, that NPT will respect the will of landowners only when that will is to sell NPT the land it wants. As others pointed out before the Attorney General Office’s decision, NPT’s carefully-worded disinterest in using eminent domain (except as a “very last resort,” in the words of PSNH President Gary Long) is no longer credible, if it ever was.
• NPT is willing to spend huge sums, but only to get the project it wants. Without hesitation or public discussion, NPT offered what amounts to a $1 million donation (of Hydro-Québec’s money) to the Trust, including a $200,000 grant to Colebrook Hospital and the money for the Balsams conservation easement. Clearly, NPT is willing to spend millions above and beyond market costs to get the route it wants, even as it rejects as too costly alternatives that could be better for New Hampshire.

Above all, the Balsams episode shows that NPT is not pursuing the Northern Pass proposal as a public-minded enterprise for the “good of all of New Hampshire.” With so much at stake for the region and New Hampshire, CLF’s work of 2012 is to secure a searching and rigorous public review process that will scrutinize every element of the Northern Pass project and ensure that the public interest – and not the dollars in NPT’s coffers – determines the project’s fate.

For more information about Northern Pass, sign-up for our monthly newsletter Northern Pass Wire, visit CLF’s Northern Pass Information Center (http://www.clf.org/northernpass), and take a look at our prior Northern Pass posts on CLF Scoop.

There is a saying that as goes Maine, so goes the nation. That is proving to be true, with one slight twist: As goes New England, so goes the nation’s environmental policy.

If you look at a wind map of the United States you’ll see that all prevailing winds east of the Mississippi eventually converge right here, in New England. That helps make New England the place so many of us love – warm summers, stunning falls, and cold, snowy winters – but it also makes New England the tailpipe of the nation.

Beginning in the mid-20^th century, researchers began documenting evidence of the effect of acid rain on Camel’s Hump in Vermont’s Green Mountains. They documented dramatic decreases in biomass, forest reproduction, seed germination, and other damaging effects among such species as red spruce, mountain maple, sugar maple, and beech – some of the trees whose brilliant fall colors draw millions of tourists to New England each fall. The cause? Acid rain.

Today, the problem continues, though in different ways. Antiquated coal plants built before 1970 have long enjoyed loopholes in the Clean Air Act that allowed them to emit toxic pollutants without modern controls. They have spewed a mix of mercury, arsenic, lead, and soot that harms all Americans by degrading our air and water quality, as well as our public health by increasing the rates of lung disease and causing asthma attacks, among other ailments. Even though many New England states have imposed modern controls on their plants, winds continue to carry pollution from the rest of the country that harms New England’s environment and its people.

That’s why today’s ruling from the EPA on the Mercury and Air Toxics Standards (MATS) is so laudable. As my colleague Jonathan Peress said in a press statement, these standards “amount to one of the most significant public health and environmental measures in years.” They are also similar to standards we adopted here in New England years ago.

According to EPA estimates, these standards will prevent 11,000 heart attacks and 130,000 asthma attacks annually among Americans by 2016. The standards will also save at least $59 billion measured as a reduction in premature deaths, lower health care costs, and fewer absences from work or school. That is undoubtedly a good thing. It is also undoubtedly long overdue.

The affected coal plants are toxic dinosaurs. According to an AP survey, the average age of the plants is 51 years – some of them were even built when Harry S Truman was president. EPA’s new standards will finally allow the public health protections, signed into law by George H.W. Bush as a part of the Clean Air Act of 1990, to do their job. As Ilan Levin, associate director of Environmental Integrity Project, said in a piece on Climate Progress, “The only thing more shocking than the large amounts of toxic chemicals released into the air each year … is the fact that these emissions have been allowed for so many years.”

Here in New England, we have long understood the importance of controlling harmful pollution. CLF together with a close coalition pushed for strict state air pollution standards to clean up the dirtiest plants in Massachusetts. In 2001, the Department of Environmental Protection adopted regulations known as “The Filthy Five” that went beyond the Federal Clean Air Act of 1970, and tackled the issues of mercury and carbon dioxide. From our experience with stringent state standards in Massachusetts and Connecticut, we know the substantial benefits to public health and the environment that will result from these rules.

Concern that these standards will directly shut down plants is misguided. According to an AP survey, “not a single plant operator said the EPA rules were solely to blame for a closure.” Instead, a confluence of factors have already initiated a broad technology shift we’re already seeing here in New England: coal prices are rising and natural gas prices are declining against a background of strict state clean air rules. Given this, many (but not all) of New England’s plants have either already installed modern pollution controls, or are actively planning for retirement, in ways that will keep the lights on.

I applaud the EPA, and Administrator Jackson, for their good work on these standards. We will continue to support them, and they’ll need our help.

And in any event, how long are people to suffer while clean air requirements on the books go unenforced? 21 years (since 1990) is too long. The time has come. Finally.

As I wrote in a recent post here on CLF Scoop, I testified before the House Committee on Natural Resources on a topic that I have worked on for years: restoring New England’s fisheries and commercial fish populations. We recently posted that clip to YouTube. You can watch it by clicking on the image below.

You can also download a transcript of my testimony here, or read it here.

Thanks for supporting CLF’s work to rebuild a vibrant New England fishery.

Photo courtesy of kriswho @ flickr. Creative Commons.

If you listen to the word on street, or read the headlines, you’ll have heard that our times are hard times. Joblessness remains stubbornly high, markets remain volatile and credit is tight. Most people agree that what we need is a program to creates jobs, generates money, and reinvests each of those in our communities to make them stable, healthier and happier.

According to a study by The Analysis Group, it turns out that’s exactly what the Regional Greenhouse Gas Initiative (RGGI) – the country’s first market-based program to reduce power plant carbon emissions – has done. In its first three years, it has reduced greenhouse gas emissions, created jobs and fostered increased economic activity proving that addressing climate change is boosting the region’s economy. Simply put, efforts that increase efficiency and reduce fuel use benefit consumers, manufacturers and employers.

As the first regional program in the country, how well it is functioning is being observed by many: how much money will be generated, if any? Who does that money benefit? And, are customers bearing the brunt of this program in already hard times? The Analysis group answers these questions in full. In case you want them in short: $1.6 billion, customers and definitely not.

Outpacing now stalled negotiations on a national greenhouse gas trading program, ten Northeastern and Mid-Atlantic states formed RGGI in 1999, setting a national precedent. The importance of the program is a combined function of its timing and its location: in addition to gaining first mover position, RGGI states are both populous and productive as they account for one-sixth of the population in the US and one-fifth of the nation’s gross domestic product.

These consumers, and this regional economy, now reflects a price on CO2 emissions. And after three years, the results are in. There are a few points to highlight.

First, the program is economically and environmentally effective. As power plant owners have spent roughly $912 million to buy CO2 allowances, emissions have gone down, as a consequence of both RGGI and larger economic trends. At the highest level, then, RGGI has proven to be economically productive while meeting its emission objectives.

Given the way RGGI dollars interact with local economies – through energy efficiency measures, assistance to low income customers to help pay their electricity bills, education and job training programs, and more – the dollars have multiplier effects. Once amplified by these local and regional programs, RGGI’s $912 million in allowance expenditures “produced to $1.6 billion in net present value (NPV) economic value added to the ten-state region.”

This money has created jobs and, in turn, kept money local. By generating a market, and a need for labor, RGGI created approximately 16,000 new job-years, or about 20% of the 73,000 civilian jobs lost from September 2010 to September 2011. Moreover, due to reduced demand and investment in energy efficiency, RGGI reduced the 10 states’ payments to out-of-region providers of fossil fuels “by just over $765 million.” New England in particular benefited greatly from this program.7,200 new job-years were created in New England alone, while the region reduced its payments to out-of-region fossil fuel providers by $210 million.

So too are the benefits to energy consumers. As a consequence of energy efficiency programs implemented by RGGI funds and focused on reducing consumption of oil and natural gas heat in homes, energy consumers across the region have saved nearly $174 million through RGGI programs. Furthermore, energy consumers came out ahead of power generators. “Of the three regions, only in New England do the savings to electricity consumers outweigh the reduction in revenues by power generators,” says the Analysis Group.

This benefit is most notably due to New England’s much-higher “level of investment in energy efficiency with RGGI allowance proceeds than the other regions.”At a time when jobs are scarce and the cost of heating a home is an ever rising burden, this is undoubtedly a good thing for New England.

As our country, and New England, faces tough times our politicians and people are calling for programs that create jobs, save money, and protect our environment. RGGI does all three.

The initial short-range solutions are in.  Quick, effective and clean.  Unanimous agreement on a suite of projects to move forward to help people get around in Chittenden County. 

When Vermont’s Governor, Peter Shumlin announced in May that the “Circ Highway” - an expensive, polluting and outdated ring-road around Burlington – would not be built as planned, he set in motion a Task Force to develop short, medium and long range solutions.  Since the summer the Task Force has been meeting and working.  Despite bumps, potholes and diversions in the form of more limited time and money because of the need to address problems that arose from managing the chaos Hurricane Irene left Vermont, the Task Force forged ahead.  

Last week we agreed unanimously on 5 short-term projects to get started in the coming year.  They include some innovative and out-of-the-box projects like expanding park & ride opportunities for commuters by leasing spaces in key locations, as well as more traditional projects of bus shelters and intersection imprrovements.  One very exciting project would re-work the street grid in Essex Junction, turning a parking lot into a downtown street, converting “five corners” into “four corners,” enhancing the streetscape and improving commerce and living opportunities in this New England downtown. 

Conservation Law Foundation is excited to be working with Chittenden County communities, businesses and state officials to get people, goods and ideas moving.  We are off to a great start. 

You can learn more about the Circ Task Force’s work at its website. 

A Public Meeting to discuss and learn more about these projects will be held on Wednesday, December 14, 2011, 7:00 p.m. at the  Albany College of Pharmacy and Health Sciences in Colchester.

Fire Boats Attempt to Control Fire on BP's Deepwater Horizon

Earlier this week Secretary Salazar announced the Department of the Interior’s five-year proposal for oil and gas leases in our nation’s oceans. Much to the relief of New England’s fishermen, beachgoers, and coastal businesses, the Obama Administration’s proposal keeps the oil industry out of New England’s ocean and the rest of the Atlantic coast. CLF has long opposed oil drilling off of New England’s coasts and joined with the Gloucester Fishermen’s Wives Association to block drilling 30 years ago when test wells were being drilled on the rich fishing grounds of Georges Bank.

CLF opposes offshore drilling for the very simple reason that a healthy, thriving ocean free of oil spills is worth far more to our region than the oil that potentially lies beneath the waves. From fishing to recreation to coastal tourism, a healthy ocean contributes more than $17.5 billion to our economy every year.

Just over a year ago, we watched in horror as the BP Deepwater Horizon rig burst into flames, unleashing what would become the nation’s greatest environmental disaster. But for the efforts of CLF, our allies in the fishing industry and environmental community and champions such as Congressman Ed Markey, that oil could very well have been washing up on the beaches of Cape Cod’s National Seashore or on the rocky coasts of Maine.

The fact is that unless we get permanent protection for our ocean and coasts oil drilling off of New England’s coasts remains a real threat. Congress has failed to reauthorize a congressional moratorium on drilling on Georges Bank introduced by Congressman Ed Markey, and earlier this summer the House passed legislation that could require drilling off of New England’s coast and in other sensitive areas around the nation.

Given the importance of the ocean to New England’s economy and last summer’s stark example of the danger drilling poses to jobs, the economy, our beaches, wildlife and our quality of life you would think that New England’s representatives to Congress would oppose such legislation, and many did. Unfortunately Representatives Charlie Bass and Frank Guinta, both of New Hampshire, supported the House legislation which passed. Most of New England’s Republican Senators, Brown of Massachusetts, Ayotte of New Hampshire and Collins of Maine all supported similar legislation in the Senate. Senator Snowe of Maine joined all of New England’s Democratic Senators to reject the drilling requirement. Fortunately, this time, the Senate voted down this legislation.

Yesterday’s decision by President Obama and Interior Secretary Salazar to keep New England’s ocean and coastal economy oil rig free should be applauded as the important step forward that it is. However, New England’s ocean is far too important to our lives and our economy to face such constant threats. It is time for Senators Brown, Ayotte and Collins as well as Representatives Bass and Guinta to stand with the rest of New England’s delegation and support permanent protection from drilling off of New England’s coast. If your Representative or Senator is on that list, you can contact them by calling the Congressional switchboard at 202-224-3121.

Are you concerned about the Northern Pass transmission project? Do you want to learn more about what it could mean for New Hampshire and New England’s energy future, for our climate, for energy rates, and for the communities and natural environment of New England and Québec? Do you want to keep up with the latest developments as the project progresses through the permitting process?

If you answered yes to any of these questions, you’ll want to sign up for CLF’s new email newsletter – Northern Pass Wire.  In a concise format, Northern Pass Wire will provide the latest news and analysis regarding the Northern Pass project direct from CLF advocates, with links to additional resources from CLF’s Northern Pass Information Center, our latest Northern Pass posts here on CLF Scoop, and CLF’s recent legal filings. Northern Pass Wire will also keep you informed about ways you can get involved and make your voice heard as the permitting process for the Northern Pass project continues. We expect to publish Northern Pass Wire about once a month, and perhaps more frequently when events warrant. The first edition can be previewed here, and you can sign up to get Northern Pass Wire here.

Please sign up and encourage your family, friends, and colleagues to do the same!

Click on the image to preview the first edition of CLF's Northern Pass Wire

The State of Vermont and the owners of the Vermont Yankee nuclear power facility squared off in Federal Court this week.  It was a three day trial.  The days were long.  The testimony was often technical.  The lawyering was skilled.  Vermont Yankee’s owners say everything is about safety and only the federal government can regulate safety so Vermont’s laws are invalid.  It is a convoluted argument.  The dots don’t connect. 

Vermont’s able lawyers went toe-to-toe with the owners every step of the way.  The State has a strong case.  Vermonters by nature are frank and direct.  Our laws say what they mean and mean what they say.   There is no decade-long grand conspiracy to hide intentions.  The Vermont Legislature acted well within its rights. 

CLF has joined the case as a “friend of the court” and has filed legal pleadings supporting the state.  We are also representing Vermont Public Interest Research Group whose representatives joined me at the hearings, and logged daily accounts of the trial. 

The trial is over.  A decision is expected before the end of the year.  Stay tuned.