It’s July 4^th – as you head out to your favorite swimming spot, consider this…

While New England is home to many clean, scenic beaches, the sad truth is that hundreds of beach closures occurred in 2010 across the New England states.  Check out NRDC’s new report, Testing the Waters to see where your state ranked, and how clean your favorite beach was last year. (Spoiler alert: if you’re in Maine, Massachusetts, or Rhode Island, there’s room for improvement).

Why are these problems so pervasive?  Polluted stormwater runoff and sewage overflows are the major culprits – making beach closures more likely after it rains.  In Massachusetts, 79% percent of ocean beach standards violations happened within 24 hours after a rainstorm, according to the Massachusetts Department of Public Health.  

The solutions are not cheap – to tackle this set of problems problem will require a sustained commitment to fixing and improving underground sewer pipes, enlarging wastewater treatment plants, and installing green stormwater treatment to capture and clean runoff from roads and parking lots.  

The cost of doing nothing is also significant.  The US EPA estimated that in one year, 86,000 people lost a chance to swim because of beach closures in areas affected by stormwater pollution.

Clean water is essential to a thriving New England.  That is why CLF is applying legal leverage to improve management of sewage and stormwater runoff across the region.  We’re working toward a day when the pollution that causes beach closures will be a thing of the past, and swimmers will have their pick of beautiful New England beaches – whether or not it’s recently rained.

New Bedford Harbor. Photo credit: brixton, flickr

Yesterday, in a ruling by the Massachusetts District Court in a lawsuit by the City of New Bedford and others challenging the legality of the fishing regulations known as Amendment 16 , Judge Rya Zobel denied the plaintiffs’ motions for summary judgment in the case, upholding the regulations. CLF intervened in the case in September 2010 on the side of the Federal government. CLF’s motion and the government’s motion for summary judgment were allowed, terminating the case. Read CLF’s complete press statement >

In response, CLF’s Peter Shelley reflected on the decision’s significance in the commercial fishing industry in a blog post published in Talking Fish, the blog developed by CLF and others that focuses on fisheries management issues in New England. Shelley wrote:

Federal judge Rya Zobel was talking fish recently when she declared an end to the judicial fishing season for Amendment 16, terminating the two suits brought by the Cities of New Bedford and Gloucester and a variety of commercial fishing interests from Massachusetts and the mid-Atlantic. Judge Zobel’s ruling, while it may yet be appealed to a higher court by the plaintiffs, puts to bed several issues that have been floating around New England’s groundfish for several years.

First, the decision strengthens the role of the New England Fishery Management Council and NMFS in their critical planning process by emphasizing that the “Agency’s informed conclusion, reached at Congress’ express direction after an extended and formal administrative process” effectively binds the reviewing court’s hands under well-established principles of law. By  emphasizing this point, the Court made clear that the plan development process through the Council was where attention should be paid by all interested parties and that the courts were not available to second guess management planning decisions. Many saw New Bedford’s and Gloucester’s legal action as a thinly disguised effort at an end run around the council. Fortunately, it hasn’t paid off. Keep reading on Talking Fish >

Background on Amendment 16

This amendment, part of the Northeast Multispecies Fishery Management Plan, establishes science-based annual catch limits for cod, haddock, flounder and other groundfish as required by the Magnuson-Stevens Act to end overfishing in U.S. waters. Amendment 16 also creates a voluntary sector system for the New England groundfish fishery. CLF has been in support of Amendment 16 since its inception, reasoning that the new regulations allow fishermen to increase their profits while leaving more fish in the ocean, which is particularly important for species such as the Atlantic cod, which have been dangerously overfished in previous decades. Read more on CLF’s involvement with Amendment 16 and fisheries management issues in New England >

If you needed one more indication that summer in New England has arrived, we have one – the arrival of our Summer 2011 edition of Conservation Matters, CLF’s quarterly newsletter! This issue features one of our favorite parts of a summer outdoors- water. So, grab a spot in the shade (or on the beach) and crack open the latest issue of CM.

Here’s what’s in store for you:

• Read about how CLF is leading the charge for a cohesive, coordinated approach to ocean management planning that balances the need to protect fragile ocean creatures and habitats while maximizing the ocean’s economic development potential, such as offshore wind development;
• Catch up on how CLF has finally gotten MassHighway to curb toxic stormwater runoff from its roads that was contributing to hazardous water pollution problems in nearby waterways;
• Learn how CLF New Hampshire Advocates Society member Honor Passow and her husband and sons carry on the family tradition of environmental conservation
• Meet CLF Maine Staff Attorney Jane West and find out why she traded her Florida air-conditioning for the changing seasons and unspoiled landscapes of New England – and how CLF Maine is tackling the state’s biggest environmental challenges.
• Hear from CLF President John Kassel on why New England’s oceans, and the folks who look forward to who enjoying them every summer  – are worth protecting.

Download the latest issue of Conservation Matters now!

Want to get Conservation Matters delivered right to your door? Become a member today.

Photo credit: Aquanic.org

Catch the latest news from Talking Fish, the blog brought to you by CLF and others that is focused on the scientific, financial and social aspects at work in New England’s fisheries.

June 24: “Farewell to Pat Kurkul,” by Peter Shelley

June 23: “Update from Downeast on Fish Banks,” by Peter Shelley

June 21: “Fishing Banks: The state of play in New England,” by Peter Shelley

June 17: “Talking Fish urges Senator Brown to spend time fixing current problems instead of rehashing old complaints,” by Talking Fish

In honor of National Oceans Month, check out this one-of-a-kind ocean conservation rap, written and performed by 2010 CLF Ocean Conservation intern Anthony Mathieu.

The Atlantic cod. Photo credit: Wikipedia

Catch the latest news from Talking Fish, the blog brought to you by CLF and others that is focused on the scientific, financial and social aspects at work in New England’s fisheries.

June 16: “Seafoodnews.com: Gloucester, New Bedford mayors foolishly endorsing crazies in New England,” by Talking Fish

“A Crossroads at Sea,” by Winston Vaughan

June 13: “Fishing Banks: Fleet diversity and an intro to permit banks,” by Peter Shelley

June 9: “Overfishing 101: Why ending overfishing is good for both fish and fishermen alike,” by Lee Crocket

June 3: “Commerce Department announces 2011 NEFMC appointments,” by Talking Fish

June 2: “Commerce Secretary nominee should champion policies that rebuild fish stocks and strengthen coastal economies,” by Talking Fish

June 1: “Seafood fraud is bad news, but there are good (and delicious) ways to avoid it,” by Talking Fish

Like what you see? Read more at TalkingFish.org >

Hands Across the Sands 2010, Salisbury Beach, MA. (Photo credit: William Scofield)

With the arrival of summer, many New Englanders’ thoughts turn to the ocean. Whether you enjoy surfing the waves at Hampton beach, sailing the Narragansett Bay, camping on Cape Cod’s National Seashore, picnicking with your family at Revere Beach or simply enjoying the ocean’s bounty in the form of a Maine lobster roll, our ocean gives us so much to be thankful for.

But the ocean means so much more to New Englanders then a day at the beach, it plays a critical role in growing our economy and supporting jobs and businesses.  In fact, healthy oceans bring tens of billions of dollars to our economy every year and support thousands of jobs and businesses in our region—fishermen, surf-shop owners, shipping companies and dock workers, bed and breakfast owners, restaurants and ice-cream shacks all depend on a healthy ocean.

Yet while we enjoy some sun at the beach after a long winter, New England’s ocean is at risk.

34 years ago oil companies drilled several test wells off New England’s coast and were preparing to launch full scale drilling operations when CLF, along with our allies in the fishing and tourism industry, stepped in to protect our coast. Despite the small amount of oil estimated to lie beneath our waters, the oil companies haven’t forgotten about that day, and now they, and their allies in Congress, are making a big push to re-open our coast to new drilling—and they’re closer than ever before.

Last month, less than a year after BP’s Deepwater Horizon oil disaster unleashed our nation’s worst environmental disaster, the US House of Representatives passed legislation that would expand drilling in New England and across the country. Thankfully that legislation was defeated in the Senate, but we know the oil companies and their allies will be back.

While most of New England’s congressional delegation—Republicans and Democrats alike—joined together to protect our coast, a few sided with the oil industry.  Congressmen Charlie Bass and Frank Guinta of New Hampshire and Senators Brown of Massachusetts and Ayotte of New Hampshire all voted with big oil to expand drilling off our coast, while limiting environmental review.

New England’s ocean is far too valuable to drill, and it is important that all of us from local business owners, to fishermen, to the casual beachgoer, send that message to our representatives in Congress.

That is why I hope you can join CLF and our allies in supporting a wonderful event called Hands Across the Sands.  On Saturday, June 25^th people from around the world will meet at their local beach to join hands and issue a simple call to governments around the world—Stop offshore drilling and promote the development of clean renewable energy.

So join us (and bring your kids, friends, neighbors, and anyone else you can think of ) at a Hands Across the Sands event near you. Then stick around afterwards and enjoy a day at the beach with the people you love. Click here to find an event near you.

There will be hundreds of events around the world, but if there is no event scheduled near you, it is very easy to organize your own event (and a great way to meet new people who share your love of the ocean). Click here to learn how, or call Winston Vaughan at (617) 850-1750 and he’ll walk you through it.

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.

Thanks to all of the CLF members and allies who called and e-mailed their US Senators about the oil drilling vote today. The nasty McConnell bill needed 60 votes to pass and was defeated by a final tally of 42 ayes to 57 nays. Most of New England’s delegation voted the right way but Sen. Scott Brown and Sen. Kelly Ayotte voted in favor of the drilling bill today and last night in favor of retaining taxpayer subsidies for the five biggest oil companies. Clearly some education is needed. Maine’s senators both voted correctly yesterday on oil subsidies but today Sen. Snowe kept her record clean on oil drilling with a no vote while Sen. Susan Collins unfortunately decided to support oil drilling.

Besides the attempts to increase oil drilling, the McConnell bill included a section that would have greatly limited the ability of citizens to access the courts and get a fair hearing in front of a judge. It would have denied the award of legal fees to organizations bringing successful lawsuits against oil companies. With tens of billions of dollars in taxpayer subsidies aiding oil companies to spend hundreds of millions of dollars each year on lobbying, do oil companies really need to skew citizen access to the courts and put their greasy paws on the scales of justice? Are there limits to their greed and attempts to manipulate the law?

Legislated requirements to drill off the coast of Virginia or mandate certain oil sales in Alaska creates a slippery slope to drilling in New England. We don’t need oil rigs on Georges Bank or massive petro-chemical infrastructure in our coastal communities. That’s why this vote was important for New England. Thanks for taking action today and thanks for your continued support for CLF.