On Wednesday, May 9, House Bill 7581 (the O’Grady Bill) will be heard in the House Finance Committee of the Rhode Island General Assembly. The O’Grady Bill is a key legislative priority of Rhode Island’s environmental movement. The hearing is at 1:00 PM in Room 35 of the State House (Room 35 is in the basement). The O’Grady Bill would provide vitally needed funding for public transit in Rhode Island.

CLF members and friends are invited to attend the May 9 hearing on the O’Grady bill in order to show support for it.

Here in Rhode Island, as in the rest of New England, the transportation sector is the largest source of greenhouse gas emissions – and the fastest growing. The simple fact is that the climate change emergency cannot (and will not) be addressed until and unless we address transportation emissions. By funding public transit in Rhode Island, the O’Grady Bill would provide an effective means of reducing vehicle miles traveled in private automobiles and an effective means of reducing overall carbon emissions.

That is why the Environment Council of Rhode Island, the coalition of over 80 Rhode Island environmental organizations has made the O’Grady Bill one of its top legislative priorities for 2012.

Another broad coalition, the Coalition for Transportation Choices (CTC) is also supporting the O’Grady Bill. CLF was instrumental in creating the CTC, and, in my capacity as a CLF Staff Attorney, I serve as CTC’s Co-Chair. At the May 9 hearing, I will be presenting to the House Finance Committee letters of support for the O’Grady Bill from a wide range of community organizations, ranging from the Providence Chamber of Commerce to the Transit Workers Union. We are hoping that this broad range of support will translate to legislative support.

Environmentalists in Rhode Island can take a concrete step to address carbon emissions in Rhode Island by coming to the May 9 House Finance Committee hearing (1:00 PM, Room 35) to testify in favor of the O’Grady Bill.

I’ll be there, and I’d be delighted to see you there, too.

Image courtesy girl_named_fred @ flickr. Creative Commons.

One of the most cherished natural resources Rhode Islanders have is miles and miles of coastline. Rhode Islanders take significant pride in the fact that while the State is small, people travel from all over the world to walk along our beaches. But, the beaches are in trouble.

One serious coastal erosion issue in Matunuck village in South Kingstown is leading the State’s coastal resources management agency down a slippery policy slope and it doesn’t bode well for the state’s coastline. Matunuck is essentially falling into the ocean, or the ocean is coming to take Matunuck. However you look at it, the rates of coastal erosion are accelerating.

The state road that provides the only evacuation route to our fellow Rhode Islanders that live in Matunuck is being undermined and will be lost to the sea without action from the coastal agency. Homes and businesses are also in jeopardy. The challenge, however, isn’t in identifying the problem. The challenge is in identifying a solution.

Climate change is causing more significant storm events and increasing wave energy along certain segments of our coastline. Irresponsible and short-sighted permitting decisions have allowed hardened structures to be placed on Matunuck’s coastal features, structures that only increase and accelerate erosion. The past five decades of science has allowed coastal managers to evolve in their thinking about the best beach management practices, and time and again, experienced coastal managers tell us that allowing hardended shoreline protection (like sheet pile walls) to be built on coastal features seriously undermines the ability of the beach to re-nourish and restore the sand, and exacerbates erosion. Indeed, the State of Rhode Island’s coastal plan strictly prohibits hardened structures or other shoreline protection devices to be used for the purpose of regaining what has been lost to historical erosion.

Despite this prohibition in the state’s plan, and despite what the science tells us, the state’s coastal agency is considering changes to the coastal program that will allow the long-term continued maintenance of hardened structures without a public dialogue about whether those structures should be removed. And, on April 24th the coastal agency will consider a petition to allow Matunuck and several private property owners to build a seawall around the village, wiping out what little there is left of the beach and the public’s right to access it.

This issue isn’t just about Matunuck. It’s about how we will manage our environment in the face of climate change. And, it’s about the coastline and the need to protect the policies that were established to protect it – for today and the future.

As climate change continues to advance, these are the kinds of issues that we will continue to be faced with, both in our coastal and river communities. We will have an opportunity to make the right policy choices, but they won’t be easy choices to make. Will we have the courage to base our choices on science?

RIPTA bus. Source: Wikimedia commons.

The Senate Study Commission on Sustainable Transportation Funding held its second meeting of the year today. I sit on the Commission, having been appointed to the position by Senate President Teresa Paiva-Weed (D-Newport). Other Commission members include three senators, RIDOT Director Michael Lewis, and RIPTA CEO Charles Odimgbe.

CLF is interested in public transit because of our concern about climate change. Here in Rhode Island, the transportation sector is the largest contributor to greenhouse gas emissions and the fastest growing sector. Thus, any serious effort to address climate change must include a focus on transportation.

I am afraid that the Study Commission members are getting bogged down in the minutiae of how RIPTA runs. There was plenty of discussion at today’s session about small matters, such as whether RIPTA made a mistake seven years ago in cancelling one run of the weekend route between Providence and Newport.

At the end of today’s session, I tried to bring Study Commission members back to what the main points are that we need to remember. There are five main points.

First, RIPTA has the highest fares of any comparable transit agency in the country.

Second, we live in a country in which every public transit service is heavily dependent on government subsidies. Every transit system in small cities gets subsidized. Every medium-sized transit system (like RIPTA) gets subsidies. Every big-city transit system (like New York and San Francisco) gets subsidies. But RIPTA gets the lowest subsidies of any peer transit system in the country.

Third, RIPTA has seen substantial ridership increases in every category of rider in every recent year. Part of the reason for this is that gas prices are going up; part of the reason is that RIPTA is getting better. The bottom line is that RIPTA is taking more passengers on more rides than ever before.

Fourth, RIPTA is heavily dependent on the proceeds of the gasoline tax. RIPTA gets about $40 million annually from this source, and this is the largest single source of RIPTA revenue. But gas tax revenue is declining – in fact, the yield per penny of the gas tax decreased by almost 13% in just four years recently.

The fifth point is the most important. The purpose of the Senate Study Commission is to devise new, additional ways to fund transportation in Rhode Island – including RIPTA – sustainably. Our purpose is not to second-guess the agency about the minutiae of internal agency decisions. The Senate leadership charged us with the task of developing new, sustainable funding sources for RIPTA.

That task is especially timely right now. Three years ago the General Assembly charged RIPTA with developing a Five-Year Strategic Plan for service expansions and improvements. RIPTA did a superb job developing that plan – the plan includes new bus rapid transit on RIPTA’s two busiest routes, the #11 (Broad Street) and the # 99 (North Main Street); increasing the number of park-and-rides; and adding new buses on busy routes.

The Senate Study Commission needs to keep in mind why it was created. We were not created to get lost in the weeds and tiny details of a complex agency. We were created to recommend to the General Assembly new, sustainable funding sources for transportation funding in Rhode Island, including RIPTA.

The rise of dedicated public fact checking services like PolitiFact, FactCheck.org and the Washington Post Fact Checker has been a generally good thing. However, these services can go astray when they decide that a statement which would be improved with clarification is “false” – a practice that weakens the “false” label when it is applied to an outright falsehood.

This unfortunate phenomena was on display when the Rhode Island edition of PolitiFact critiqued a comment by Senator Sheldon Whitehouse about the interplay between the deployment of renewable energy resources like solar panels and ending U.S. dependence on imported fossil fuels, like the oil that is refined into gasoline.

In their critique, the Providence Journal staff writing and editing the item examine comments that Senator Whitehouse made in support of federal tax incentives for renewable energy:

“Let me just bring it home,” Whitehouse said, as he referred to his notes. “In Rhode Island, this [grant program] has facilitated solar panel installations on three new bank branches. The TD Bank has opened up in Barrington, in East Providence and in Johnston, Rhode Island. Those projects created jobs, they put people to work, they lowered the cost for these banks of their electrical energy, and they get us off foreign oil and away, step by step, from these foreign entanglements that we have to get into to defend our oil supply.”

The Politi-Fact RI folks decide to look narrowly at the question of whether electricity production from solar panels always and consistently directly reduces use of oil.  This is definitely part of the story and, as I emphasized when I spoke to their reporter when he was working on the “piece, it is a direct relationship that used to be more present back in the days (not too many years ago) when more of our electricity came from oil. But is still a real relationship, especially during the days in the summer when air conditioning drives up electric demand to its highest levels of the year.  As ISO New England (the operator of the regional electric grid) told Politi-Fact RI “oil is used more on days when demand for power is high” although the reporters dismiss this reality (despite the fact that these peak hours are when air pollution is at its worst and the fact that the entire system is designed to meet that moment of peak demand) as “isolated.”

Senator Whitehouse was making three points, only one of which is addressed by the simple “displacement” analysis of what generation is pushed out by deployment of new renewable sources:

• Moving to cleaner electricity generation from renewable sources like wind and solar is an essential piece in an overall conversion of our economy and energy system (including energy used to move the wheels on our cars, trucks and buses round and round) away from dirty and imported fossil fuels. In places like East Providence RI where TD Bank (as highlighted by Senator Whitehouse) is installing solar panels on the roof of their branches in close proximity to a Chevrolet dealer selling the Chevy Volt you can seeing that future taking shape.

• Senator Whitehouse’s larger point about ending “foreign entanglements” is of particular significance, moving beyond the question of oil, to people in and around Rhode Island because the largest power plant in what is known in the wholesale electricity world as “Greater Rhode Island” (a geographical label of particular pride and amusement to native Rhode Islanders) is the Brayton Point Power Plant. That facility, just over the border in Somerset Massachusetts, has burnt coal imported from Indonesia and Colombia in recent years.

• And the direct displacement issue is real: while there is less oil used to generate electricity these days it is worth pondering the overlap between peak solar energy generation (do we really need a link to show that it makes more electricity when it is sunny?) and those peak hours of electricity demand during the summer when it is hottest and air conditioners across the region are roaring away.

All of this suggests that the specific comment by Senator Whitehouse that Politi-Fact Rhode Island evaluated are solidly grounded in facts and accurate observations.

On November 15, 2011, CLF led a coalition of 14 other environmental groups in sending a letter to the United States Environmental Protection Agency that called for swift implementation of permit controls at a Massachusetts facility that is discharging directly into the Blackstone River.

The coalition letter was written in response to a July 20, 2011 letter sent by the Massachusetts’s Department of Environmental Protection in which the MADEP asked EPA to consider delaying the installation of new permit controls at the Upper Blackstone Water Pollution Abatement District (UBWPAD). MADEP argued that the delay would allow for further study of the river before we ask the UBWPAD to install costly new controls. CLF and the other signatories to the letter argued that any additional delay will further degrade the water quality of the Blackstone, and will also be  contrary to the permit requirements established by the Clean Water Act. A copy of the letter can be found here.

Every day, the UBWPAD discharges as much as 56 million gallons of wastewater into the Blackstone River. This is not the time, or the place, for delay. We’ve studied the river to death.  Now we have to begin protecting it.

The litigation deciding where the permit limits for nitrogen and phosphorous discharges at the UPWPAD should be set will be decided by the United States Court of Appeals for the First Circuit before the summer of 2012.  Oral argument is set for this coming January. Stay tuned for an update – we’ll provide you one here on CLF Scoop.

Photo credit: Leslie Boudreau

CLF applauded today’s announcement of federal approval of Rhode Island’s Ocean Special Area Management Plan (SAMP). Developed by the Coastal Resources Management Council (CRMC) with extensive input from scientists and government, business and environmental stakeholders, including CLF, the plan aims to balance the protection of vulnerable marine habitats and wildlife with responsible ocean uses including the development of clean renewable energy. Read the full news release here.

This morning, CLF Rhode Island Director Tricia Jedele joined Governor Chafee and members of the National Oceanic and Atmospheric Administration (NOAA) at a press conference to celebrate the formal adoption of the SAMP, at which she reflected on this momentous achievement:

“Conservation Law Foundation is truly grateful to be included in today’s event – as grateful as we were to be a part of the transparent and inclusive SAMP planning exercise that produced this document.  It is a wonderful and amazing accomplishment that this comprehensive ocean use plan prepared by the smallest state in the country will now be used to help shape the future of sustainable ocean use in New England, including making the path straight for offshore wind energy and other important ocean uses.

So often referred to as merely “the SAMP,”  such a small name for such a massive undertaking, this document demonstrates that often the first step towards getting somewhere is simply deciding that you are not going to stay where you are any longer.

Rhode Island made the right decision. The State could no longer stay where it was.  It had to develop a response to the growing threat of climate change. It had to find new and sustainable ways to create economic growth. It had to protect its ocean resources for today and future generations. And, it had to develop a vision for the coordinated use of those shared resources. Because RI decided that it was time to move ahead, the State is now in a position to facilitate the speedy development of the renewable energy resources we need so badly, to foster the centuries old fisheries industry – an industry that makes us proud to call ourselves New Englanders, and to protect the critical and vulnerable habitat areas that keep our oceans healthy.

Not only is the SAMP a critical building block to the development of a regional comprehensive ocean management plan for New England and a milestone for Rhode Island’s ocean waters, but the SAMP is also a testament to the foresight and dedication of the people working for the State of Rhode Island.

CLF would like to share with you our sincere appreciation of the staff of the Coastal Resource Management Council, and the Coastal Resources Center of the University of Rhode Island, and the Council itself, for their enduring willingness to engage all of Rhode Island in this effort, to create a genuine sense of participation and a healthy and positive view of our ocean resources.  This team never backed down from a difficult question (even when the hour was late), never failed to receive and hear and learn from the many comments thrown their way (and CLF threw its fair share).  The State made a sincere effort to be responsive and to allow this ocean use tool to evolve in a way that reflected the science and the voices of all those organizations and individuals trying to shape it.

As a result of the State’s fearless approach to public engagement and science-driven planning, Rhode Island is now a national leader, with a plan that will serve as a model for the country.”

View the full transcript of Tricia’s remarks here.

Learn more about CLF’s ocean conservation work.

 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.

A package of three major new renewable energy bills has just passed both houses of the Rhode Island General Assembly unanimously.  Taken together, the bills will give Rhode Island one of the best and one of the most coherent sets of renewable energy laws in the country.  Over the past three months, CLF staff have worked extensively with the leadership of both the RI House and the RI Senate on drafting the actual language of these major bills.

One bill addresses what is called “net metering.”  Net metering occurs when an electric customer’s meter can run not only forward but also backward.  Net metering is important to individuals and companies that have small renewable projects (like solar panels on the roof of a home) because net metering often makes the difference between those projects being economically viable and being non-viable.  Until now, net metering law in Rhode Island was a shambles:  for example, some renewable energy technologies qualified for net metering but (for no apparent reason) other did not qualify; moreover, many portions of the law were so vague (or incoherent) that no one was sure what they meant, and there was even litigation challenging net metering by alleging that Rhode Island net metering law conflicts with federal law.  The newly passed statutes fix all those problems.  The new law makes clear that net metering is available to all renewable technologies, gives a generous price to renewable energy generators, and outlines exactly the boundaries between Rhode Island and federal law.

Another of these bills addresses “distributed generation.”  The DG Bill seeks to fix an unforeseen problem in an earlier renewable energy law, the Long-Term Contracting Statute (LTC Statute) that the General Assembly enacted in 2009.  Long-term contracts are especially important to renewable energy developers because such long-term contracts enable the developers to get financing for their projects.  The LTC Statute turned out to have one unexpected problem.  It worked very well for large companies, like Deepwater Wind, that wanted to develop and build utility-scale projects.  But the LTC Statute was not so good at helping smaller developers that were unable to afford an army of lawyers to negotiate individual contracts with the utility.  The  DG Bill solves this problem.  The DG bill carves out a portion of the long-term contracting obligation created in the 2009 LTC Statute and sets that portion aside just for small, local projects (like a town that wants to put up a single wind mill at its Town Hall).  In order to obviate the need for that (expensive) army of lawyers, the DG Bill creates a very simple, standard contract for developers of small, local renewable energy projects.  Basically, the law says:  If you have a small, local renewable energy project, you do not need to negotiate your own contract with Grid; instead you can automatically get a standard, short, easy-to-understand two-page contract.  The DG Bill also sets a standard price for such small renewable energy projects — the price is set by a board and is designed to be high enough so that such small projects are economically viable, but low enough so that the public is not forced to over-pay for renewable energy.  The big, utility-scale projects can still be built; but the DG bill will now make it easier for smaller projects also to be built.

The third bill in the set makes it easier for renewable energy developers to connect to the electricity grid by setting a timetable and prices for such interconnections.

CLF worked long and hard on this package of renewable energy legislation, and we are very gratified to see its success in the General Assembly.  We were also pleased to see the package of bills highlighted in the lead editorial of the Providence Journal on June 21.

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