Let’s say you are a state agency tasked with making a tough choice on how to spend your money.  Your options are:

a.      Spend $150 million on widening 9 miles of highway despite the fact that volume has waned;

b.      Spend $56 million on building another toll booth;

c.       Spend $3.8 million on expanding an existing, highly successful bus service that will benefit thousands of commuters.

Did I mention that you have to do this all while complying with a state law that requires you to give preference to existing systems and other transportation modes (such as bus transit) prior to increasing highway capacity through road building activities?   The obvious answer here is (c), expanding bus service, specifically the ZOOM bus service that is operated by the Maine Turnpike Authority.

Currently, the ZOOM bus runs a limited service between Portland, Biddeford and Saco.  The primary hubs are Park & Ride lots, if you’ve driven by those lots, you will see they are chock full.  Those crammed lots are a glowing testament to the resounding success of the ZOOM.

In an effort to build on that success, last year the Maine Alliance for Sustainable Transportation approached the Authority to see if it would consider expanding the bus service up to Lewiston and Augusta.  Along the way, West Falmouth, Gray, Sabbatus and Auburn would finally get much needed access to public transit.  But the Authority remained convinced that answers (a) and (b) were right.   After all, highway widening remains a popular solution to just about any transportation problem, despite the fact that, time after time, massive multi-million dollar widening projects only result in more traffic and more congestion. [the fact is, these roads never pay for themselves via tolls or otherwise.]

Does Portland really need another highway widening?

No, and the numbers prove it:

But transit advocates, CLF among them, were not dissuaded.   We found a savvy supporter in Representative Bradley Moulton, a newly elected Republican, who decided to sponsor the ZOOM bus bill, known formally as “An Act to Expand Fiscally Responsible Transportation Through Increased ZOOM Bus Service.”

And fiscally responsible it is.  Not only for the average commuter struggling with rising gas prices, but in the broader context of how Maine decides to spend money on transportation.  The days of subsidized highway widening projects are over.  With the fiscal belt tightening, now is a good time to make some smart decisions on transit.  The ZOOM bus goes a long way towards accomplishing that goal.

The following op-ed was written by CLF Maine Director Sean Mahoney and published on Saturday, December 18 in the Portsmouth Herald.

On Monday, Dec. 20, a committee of the New England Fishery Management Council will meet in Portsmouth to continue the effort to develop a new management plan for Atlantic herring.

Atlantic herring are not only valuable as bait for lobstermen, but are a key forage fish for bigger fish and marine mammals such as striped bass, cod, tuna, dolphins and whales. The work of the council’s Herring Committee is critically important not just for the sustainability of Atlantic herring but for the continued viability of these other fisheries and tourism-related industries such as whale watching.

The Atlantic herring fishery is currently dominated by midwater trawling vessels. These vessels are large (up to 150 feet) and often fish in pairs, where their small-mesh nets the size of a football field, can be stretched between two boats. These small-mesh nets are efficient killing machines. The problem is they are also indiscriminate killing machines — any fish or marine mammal that is ensnared by the small-mesh nets is unlikely to survive, even if they are thrown back into the water after the nets are hauled on deck. These dead fish — referred to as bycatch or discards — include not just the fish that prey on Atlantic herring, such as stripers or haddock, but also the Atlantic herring’s cousins — alewives and blueback herring.

Alewives and blueback herring (collectively referred to as river herring) are anadramous fish — they are born in freshwater, spend most of their lives in the ocean, and then return to freshwater to spawn. The rivers of New England were teeming with river herring up to the 1980s. But in the last 20 years, their numbers have dropped precipitously. For example, until 1986 the number of river herring returning to spawn in the Taylor River averaged between 100,000 to 400,000 a year. But by 2000, that number had declined to 10,000 to 40,000 a year, and in 2006, only 147 river herring returned to the Taylor River. This is a tragedy for New Hampshire’s wildlife conservation.

The causes of the dramatic decline in the numbers of river herring include the fishing practices of the midwater trawl vessels. While at sea, river herring can often be found in the same waters as Atlantic herring and fall victim to the indiscriminate fishing practices of the midwater trawlers. In 2007, bycatch documentation showed that three times the amount of river herring was taken in one tow of one of these industrial vessels as returned that year to the Lamprey River, which boasts New Hampshire’s largest remaining population of river herring.

The meeting of the council’s Herring Committee will focus on management steps to curb this wasteful practice. Central to the success of any management effort must be a robust monitoring program, catch caps on river herring to serve as a strong incentive to avoid areas where river herring are known to aggregate and strong accountability measures to be applied when those catch caps are exceeded.

If river herring are to avoid the fate of Atlantic salmon — another anadramous species all but extirpated from New England’s rivers where they once teemed — a critical step is putting an end to the indiscriminate fishing practices of the midwater trawl boats pursuing Atlantic herring. All other efforts to improve the access to and water quality of the waters river herring spawn in are of little value if they are killed before they get there.

> Read more about CLF’s regional ocean conservation work

The Federal Energy Regulatory Commission (known as “FERC”) has delivered a clear message: the time to plan for a future without coal is now. This comes in response to a protest submitted in October by CLF that challenged a decision by the New England Independent System Operator (ISO-NE) that could have kept the 60 year old Salem Harbor Station running for years longer, despite the damage it causes to public health and the environment and the huge costs it imposes on ratepayers.

CLF argued that ISO-NE, the overseers of the regional electricity system under FERC’s supervision, should have developed an alternative to retaining units at Salem Harbor Station to meet the area’s reliability need.  CLF therefore asked FERC to step in to expedite the planning process. Today, the FERC issued a decision directing ISO-NE to find a solution that would allow shutdown of the Salem Harbor power plant – a dirty, obsolete and unprofitable plant that has long outlived its lifespan and has requested to leave the market.

“We…order ISO-NE to submit a compliance filing within 60 days that either identifies alternatives to resolve the reliability need for Salem Harbor Units 3 and 4 and the time to implement those solutions, or includes an expedited timeline for identifying and implementing alternatives.”

The news that FERC is mandating action to ensure that this dirty coal plant can retire without impacting reliability is a game changing development of national significance. The Chicken Little warning that old coal is needed to keep the lights on—brandished by coal interests primarily to delay long overdue emissions reductions requirements—simply isn’t true.  Today FERC concurred that the sky will not fall – the lights will not go out without old coal – if we envision a future without it and plan for that future.  That future starts here in New England with a concrete plan and timeline for life without Salem Harbor Station.

Students from the Environmental Law Clinic at Columbia Law School provided excellent research in support of CLF’s filing.

Regional is the new national. Solutions to the environmental problems that threaten our economy, our security and our health are not coming from Washington. Instead, they’re being forged by energetic and creative problem-solvers like CLF who work in regions and states and strive to create models for the rest of the country. This is CLF’s moment.

But we can’t do it small.

To be truly effective in the face of the unprecedented challenges facing New England, we need a movement behind us. We need neighborhoods standing up for their right to clean air and water, cities and towns demanding better transportation options, and a whole region clamoring for clean energy.

About a year ago, we started work to ensure that our story was clear and compelling and inclusive enough to engage a whole region in our mission. We began by asking employees and board members, partners and adversaries, long-time members and new friends what draws them to CLF. Resoundingly, we heard: “CLF protects my New England.”

This notion of protection is inherent in CLF’s brand: our region’s abundant natural resources, as well as its historic cities and towns, are in peril from the impacts of climate change and other realities of modern life. CLF has a long and successful history protecting New England’s environment – from a landmark lawsuit that prevented oil and gas drilling off of our shores to developing green car insurance that rewards people for driving less. At CLF, protection is not about keeping things the way they were. It anticipates the reality of a changing environment and is on the cutting edge of planning for it, to ensure that our region will continue to thrive. This kind of protection requires pragmatic, science-based approaches, fearless creativity, and a willingness to collaborate to find solutions to our most complex challenges.

To convey the many facets of CLF’s brand, built painstakingly over 44 years, we needed to refine, not redefine, our story. We started with articulating our mission:

CLF protects New England’s environment for the benefit of all people.  We use the law, science, and the market to create solutions that preserve our natural resources, build healthy communities, and sustain a vibrant economy.

And our vision:  A healthy, thriving New England – for generations to come.

Our new logo, with the emphatic red “zing,” is the ultimate distillation of CLF’s brand. It’s at once humble and outspoken, pragmatic and creative, patient and dynamic. And yet, it’s simple. Similarly, our new marketing and communications materials – both digital and print – are designed to let our stories stand out. There is lots of white space, an antidote to our tendency to accumulate. Our new design will discipline us to be economical with our words and keep our messages crisp and clear.

Economy of words is never more important than in a tagline. Our five are the answer to every question about why we do what we do:

For a thriving New England

There is no doubt that our ability to communicate our story effectively is key to achieving our mission. It is the currency with which we develop relationships with our members, with foundations who share our vision, and with influencers in the legislature and the media who help further our cause. With a great story to tell and, now, a great way to tell it, we are ready to seize this moment for CLF and galvanize all who would join us in protecting our New England.

In the wake of Dominion’s announcement that it would not be cost effective to continue to operate and invest additional capital for pollution controls at Salem Harbor Station, the Patrick Administration has sent a message to ISO-NE calling for action.  In a letter to the President of ISO-NE, Secretary of Energy and Environmental Affairs, Ian Bowles, highlighted the need to invest in clean energy instead of propping up old, environmentally obsolete coal plants such as Salem Harbor Station.  Secretary Bowles urged ISO-NE to “quickly implement” a solution to allow Salem Harbor Station to retire.

Clean energy policy has been one of the centerpieces of the Patrick Administration, and this letter signals not only the Administration’s commitment to building clean, new energy infrastructure, but also the important role they have in hastening the retirement of the coal-fired power plants that cause significant damage to public health and the environment.

ISO-NE is responsible for finding an alternative that will remove any need for Salem Harbor Station; however, after 7 years of transmission upgrades and planning, ISO-NE rejected Dominion’s request to remove Salem Harbor Station from the market over concerns that the plant could be needed on the hottest days of the year.  CLF has been pushing ISO-NE to expedite its planning process so that ratepayers will not be forced to bear the costs of keeping this 60 year old coal and oil plant on line despite its continued struggles to meet environmental regulations. 

The Secretary’s letter is particularly timely given that ISO-NE will host meetings on December 15 and December 16 to discuss the planning process for replacing Salem Harbor Station.

A logo is a funny thing. At first, you want to compare it to everything you’ve ever seen before. Ask 10 people and they will all see something different, but will grasp for the familiar in it. But over time, a logo takes on meaning of its own. Even with no words attached to it, we can identify the organization behind it. It says something startling about us that we can process the thousands of visual impressions we take in every day, mix in the messages we hear, and bring all those to mind when we flash on an image as simple as, say, a red line.

In our new logo, we hope you will see both the CLF you’ve come to trust, and the energy we have for tackling the environmental challenges ahead. The red line, or “zing,” as we’ve started calling it around here, is our version of the exclamation point. It says, “And we mean it.”

Our new logo is just one element of a whole new look and feel for CLF’s marketing and communications. We invite you to be among the first to get a glimpse at our brand new website, launched today. We hope you will tell us what you like and what you don’t, and come back often, as we are adding more content every day about our work and ways you can get involved. Starting today, you will also see our new look on Facebook and Twitter and coming soon in our print and digital publications, online communications, advertising and more.

We have some work to do before the zing means:  those people who cleaned up Boston Harbor, or that group that saved the cod, or the ones who made our cars cleaner. We’ll continue solving New England’s toughest environmental problems, and telling you about it here on our blog, on our website, in our publications, and in the media. In time, we hope, when you see the zing, you will say, “CLF: they’re the ones who protect my New England.”

Hotter Temperatures More than Doubled Smog Days in New England

On October 1, the EPA announced that the number of bad air quality days increased from 11 last year to 28 in 2010.  These are also known as “high ozone days” and are triggered when ozone levels exceed the standards EPA has set to protect public health. Excessive ozone, more commonly known as smog, results from a combination of nitrogen oxides, volatile organic compounds and heat and sunlight. Even short-term exposure to smog has been shown to shorten lives and cause other severe health impacts, including shortness of breath, chest pain, asthma attacks, and increased hospitalization for vulnerable populations such as the very young, elderly, and those already suffering from lung or heart disease. In children, smog can also result in dramatic long-term impacts such as reduced lung development and function.

The hotter the day, the worse the smog—and that smog is intensified by the increased use of electricity from coal and other fossil fuel-fired power plants when we crank up our air conditioners.  Emissions from cars and trucks add to the dangerous mix, and as climate change progresses, the temperatures continue to rise.

Until now, the greater Boston area had experienced an average of 14 days of 90 degrees or more per year. In 2007, the Union of Concerned Scientists had estimated that climate change would result in no more than 15-18 days of 90+ degree weather from 2010-2039.

But in 2010, Boston endured 23 days of 90+ degree weather, far outstripping both the annual average and predictions of what that number would be in the future.  Although EPA has proposed stronger emissions limitations for power plants and cars and trucks, the rapid rise in 90+ degree days is a side effect of climate change that has already been set in motion, and it will continue and worsen unless we take action now to reduce greenhouse gas emissions.

Coal-fired power plants rank as one of the primary culprits when it comes to emitting climate change pollutants and nitrogen oxides.  Across the nation, coal-fired power plants are the second largest source of nitrogen oxide emissions, and here in New England alone, eight coal-fired power plants churn out 10,515 tons of nitrogen oxide a year and millions of tons of carbon dioxide.  By contributing to climate change and increasing smog-forming pollutants, coal-fired power plants pose a major threat to New England’s air quality.  Creating a healthier future for New England means creating a Coal Free New England.  CLF is committed to shutting down each one of these polluting plants by 2020.  Work with CLF to create a thriving, healthy New England.

Out of sight, out of mind—until of course, 2 million people are left wondering why they don’t have clean drinking water.

This weekend’s Massachusetts Water Resources Authority (MWRA) water main break, which spilled millions of gallons of drinking water into the Charles River, should alert us to a larger and often hidden crisis of under-funded water infrastructure across the country. The underground pipes that provide our drinking water and that convey our sewage away from homes and businesses are typically hidden from sight, but are increasingly drawing attention through catastrophic failures.

While the cause of the MWRA pipe burst is not yet clear (officials report the pipe was only 7 years old), this incident signals that continued oversight and investment is needed to keep our water infrastructure working to protect health and the environment.

In 2009, New England spent around $113M in federal funds on drinking water and wastewater infrastructure (plus $2.2M or more in state funds and further expenditures by cities and towns).   The U.S. EPA has estimated New England’s needs at $11.5B for drinking water infrastructure and $8.5B for wastewater infrastructure over a 20-year period.  A national EPA “gap analysis” backed by the General Accounting Office found that unless rates of spending on drinking water and wastewater infrastructure increase substantially, we will come up short by about $500B for necessary upgrades by 2020.  Industry groups representing the operators of drinking water and wastewater systems agree, and the American Society of Civil Engineers has rated U.S. water infrastructure a “D-.”

Major upgrades are also required for our storm sewer systems (the pipes that channel rain water from street catch basins, parking lots, and driveways into nearby rivers and streams) to reflect modern pollution removal methods and to prevent sewage from mixing with the rain water. (Recall the sewage overflows that occurred during storms this past March.)

How to fill the investment gap?

The U.S. EPA and state environmental agencies provide funds for all of the above through loans and grant programs, but these won’t fill the gap entirely.  One proposal in Congress, introduced yesterday, would remove caps on private investment and could potentially create new jobs and bring in significant tax revenues.  Another would create a national trust fund supported by taxes on corporations.  Another option is for local water and sewer rates to increase to reflect “full cost pricing.”

In Massachusetts, a Water Infrastructure Finance Commission has been convened, and CLF will be involved in the discussions.

If there is any silver lining to this incident, it is that we have been reminded how much we rely on our water and wastewater systems – and how disruptive the consequences will be if we don’t make the investment to manage them proactively.

To learn more, check out the trailer for Liquid Assets, a documentary about America’s water infrastructure, or EPA’s web site.

The average American spends 2 ½ hours a day in the car. That’s about 73,000 hours in a lifetime—and tons of havoc wreaked on the environment. The transportation sector is the fastest growing single source of greenhouse gas (GHG) emissions in the country, which pollute the air and contribute to global warming.

Tackling this challenge means both reducing the amount of driving by smarter development and building transit and reducing the pollution pouring out of each car. Four out of five of the New England states did the next best thing—reduced the amount that cars would be allowed to pollute in the first place.

Yesterday, the Obama Administration adopted those regulations nationwide, unveiling the first-ever federal clean cars standard that will limit the maximum level of GHGs that can be emitted by new cars and trucks. The new laws are expected to cut GHG emissions from new cars by 34 percent between models made in 2009 and those made in 2016—a change equivalent to taking 21.4 million of today’s cars off the road.

This decision is a major victory for CLF. When it comes to clean cars, we’ve been here since the beginning. For two decades CLF has fought for stronger limits on tailpipe emissions from cars.

Early national tailpipe emissions and fuel efficiency standards adopted in the 1960s and 70s improved the fuel economy of the average American vehicle from 13 miles per gallon in 1975 to 22.6 mpg in 1987 and began the process of reducing pollution from cars. Over the course of the 1980’s and 1990’s CLF worked in New England to ensure that our states in partnership with California would lead the nation in a journey towards lower emissions cars.

That journey took a new and interesting path in 2002 when the state of California adopted the Pavley standards, also known as the California Clean Car Standards, which set stringent emission standards for global warming pollutants  from cars.

CLF participated in the California process, urging that the standards be written in a manner that would allow them to be implemented in our states.  Once the standards were in place CLF then, working with allies in many states, launched a largely successful effort to get the standards adopted in the New England states.

It wasn’t easy. The automakers fought back by suing in both California and in New England. CLF served as “local counsel” to a coalition of environmental groups as we all worked with the states to achieved victory in two landmark cases in Vermont and Rhode Island in 2008, forcing automakers to comply with state emissions regulations and in effect implementing the “clean cars program” in every New England state except New Hampshire.

The momentum from the legal victories in Vermont and Rhode Island, as well as the parallel victory our allies achieved in court in California, provided key fuel for the effort that led to the adoption of those state standards on the national level.

But the work’s not done. Today, CLF is focused on pushing hard for the adoption and implementation of a Northeast/Mid-Atlantic Low Carbon Fuel Standard (LCFS) to gradually lower the carbon content of fuel. In 2008, CLF successfully worked with the governors of 11 northeast and mid-Atlantic states as they formulated and signed an agreement in which they pledged to develop an LCFS in the future.

CLF also continues to aggressively protect the right of the states to develop a statewide LCFS, and deter opponents who could threaten the longevity of those standards. CLF served as a third party legal counsel on behalf of the state of California in federal litigation challenging the state’s precedent-setting LCFS. Lastly, CLF is forcefully engaging with congressional staff, senators and representatives to fend off federal legislation that would thwart the ability of the states to continue to lead the LCFS effort and the next generation of car standards.

President Obama’s adoption of the California standards nationwide, ending a longtime battle between states and automakers, demonstrated to us at CLF that what happens here in New England really can serve as a model for other states, and that states have the power to create momentum for sweeping change that can influence policy on the federal level. CLF is proud that New England continues to lead the nation in taking action to identify and solve environmental problems and will continue to fight to ensure the states have, and use, the tools to provide a powerful model for national action.

CLF in the News:

New Federal Car Emissions Standards Hailed in Maine, Anne Mostue, MPBN
White House Follows Vermont’s Lead on Clean Cars, Paul Burns, vtdigger.org