In response to a February 21 order by the Rhode Island Supreme Court, the Conservation Law Foundation (CLF) today filed a brief defending its legal standing in the Deepwater Wind case and issued the following statement:

Jerry Elmer, staff attorney at CLF Rhode Island, said, “If CLF and others are denied standing in this case, it will have the effect of shutting down the process for reviewing and appealing the PUC’s decisions on renewable energy contracts, not just in this case, but potentially on all future contracts as well.”

Tricia K. Jedele, director of CLF Rhode Island, said, “The need for a fair and open process to ensure that renewable energy development is done right in Rhode Island is at the heart of CLF’s case. That fair and open process begins with a finding by the Court that CLF has standing to pursue this appeal on behalf of its members and in the interest of Rhode Island’s clean energy future, which is in the public interest.”

It was thrilling to attend the meeting of the RI Coastal Resources Management Council (CRMC) last night, where the Council voted unanimously to reject the application of Champlin’s Marina to expand by several hundred feet into the Great Salt Pond of Block Island. The vote probably brings to a final conclusion a lawsuit that CLF has been fighting for the last seven years in the CRMC, in the Superior Court, and in the R.I. Supreme Court.

Champlin’s originally filed its application to expand in 2003. In February 2006, the CRMC voted (the first time) to deny the application. Champlin’s took an appeal (as they were legally allowed to do) to the Superior Court.  They won the appeal in Superior Court and were granted the permit. CLF and the Committee for the Great Salt Pond appealed to the Supreme Court, where we won – and the case was remanded (sent back) by the Supreme Court to the CRMC for a new vote.

It was that vote that was taken last night.

CRMC member Bruce Dawson made the motion to reject the Champlin’s application outright.  He cited the unique ecological value of the Great Salt Pond, and concluded by saying he could not support this expansion.

A vote was taken on the Dawson motion to deny the permit.  It was approved 7 to zero.

What about an appeal?  While Champlin’s could appeal, any such appeal would almost certainly fail. Not only is this a very old case, but legally, any new appeal would be severely limited to only what has happened since the Supreme Court remand. Such a narrow time period provides almost no basis for an appeal.

The meeting was well-attended. Despite the impending storm, the auditorium at the Narragansett Town Hall was almost full. Finally, I must say that there was an outpouring of warm feeling toward CLF and the Committee for the Great Salt Pond. After the meeting, a steady stream of well-wishers from the Island came up to thank the lawyers on our side. After a very long (and very difficult) litigation, this was enormously gratifying.

Ever wondered what your own carbon footprint looks like? Calculate it here.

Once you’ve done that, make plans to come see Carbon Nation on October 25 at 6:00 PM at the Metcalf Auditorium in the Chace Center at RISD. Carbon Nation stands on the side of pioneers who want to find Solutions…who want to stop complaining and Take Action. Carbon Nation is an optimistic, solutions-based, non-preachy, non-partisan film that shows tackling climate change boosts the economy, increases national & energy security and promotes health & a clean environment.

What more could you ask for? Come and see.

Buy your tickets online today! Time is running out!

Me neither. That’s why I’m going to see Carbon Nation on October 25, 2010 at the Metcalf Auditorium at RISD. Details are here on how to get your tickets.

Since its Premiere at The Washington Environmental Film Festival on March 28^th Carbon Nation has had over 70 screenings and is headed for a major NYC screening on January 14, 2011. This film offers a glimpse to solutions rather than focusing on the problem. But don’t just take my word for it. Steve Katona, Director of Ocean Health for Conservation International, just wrote after viewing the film:

“Carbon Nation is terrific!  It is positive, solutions-based and packed with information and uplifting examples.  It leaves the viewer with no doubt that we can stabilize atmospheric carbon levels, and that we already know how to do it.  The film celebrates the contributions of leaders, entrepreneurs, businesses and ordinary citizens of all kinds whose efforts point the way to success.  Equally important, the film demonstrates that such efforts not only benefit natural environments, but also improve human well-being, create jobs and build opportunities for a vibrant economic future. I think the film is going to make a huge improvement to public attitudes and, I hope, government attitudes also.”

See you there!

So the 100% biodegradable packaging that PepsiCo uses for its Sun Chips snacks is going away because … well, isn’t it obvious?!

PepsiCo is taking the no-waste, completely compostable, producer-finally-taking-responsibility-for-the- waste-it generates packaging off the shelves because WE complained that the packaging makes too much noise. It is hard to believe that we as consumers would make the conscious effort NOT to buy a product simply because the part of the product that we usually throw away is too loud. The trash trucks barreling down the side streets to pick up garbage (not too loud), the people living near landfills raising their voices to complain about rodents and odors and air quality (not too loud), citizen voices raised in anger to complain about higher taxes to pay for the higher costs associated with disposal of trash (not too loud), but a socially responsible package, designed to reduce our carbon footprint, our trash footprint, our costs …too loud?

It’s time to shut up and make some noise! Be Loud, Be Proud … and, p.s. buy a composter.

Do you care about trash (or lack thereof)? Join CLF’s Trash Talk campaign. Listen for us on  95.5 WBRU or become a fan of the  Trash Talk Landfill on Facebook.

Earlier today in Rhode Island, the Public Utilities Commission (PUC) approved the Deepwater Wind/National Grid Power Purchase Agreement (PPA) for the construction of an eight-turbine wind farm in Block Island Sound, denying CLF’s Motion to Dismiss.

Here’s what CLF’s Rhode Island Advocacy Center Director Tricia Jedele had to say about the decision:

Today’s ruling was inevitable, a result dictated by the legislature in a law defined so narrowly that it could have only one outcome. Unchallenged, this law and the accompanying PUC decision set precedent that will only undermine the efforts to build a future for renewable energy in Rhode Island. The failure to allow the PUC any discretion in its decision-making is the very basis of CLF’s Separation of Powers argument, which we are likely to appeal to the Supreme Court.

The Deepwater Wind project in Block Island Sound first met with problems in April 2010 when its Power Purchase Agreement (PPA) with National Grid was rejected by the PUC on the grounds that it was not commercially reasonable. Rather than appeal the decision, Deepwater, with the support of the Governor and the legislature, sought to do an end run around the review process and rewrite the rules to produce a different outcome the second time around. CLF, a longtime champion of renewable energy done right, was one of the first to challenge the moves as unlawful, unfair and a terrible precedent. CLF contended that the amended law was designed to favor one project and one developer, creating an unlevel playing field that would make it impossible for developers to compete successfully for future projects.

“Renewable energy is too important to this state to do it in a way that could threaten its chances for success,” Jedele said at the time.

In July, in advance of a second review of the PPA required under the amended law, CLF filed a Motion to Dismiss, arguing that the PUC should not review the amended Power Purchase Agreement because the law violates the Constitutional doctrine of separation of powers, and the provision which requires that “all laws be made for the good of the whole.” CLF also argued that even if the PUC were to proceed, it could not review the PPA because the doctrine of res judicata bars litigation of a claim that has already been litigated between the same parties.

Providence, RI February 18, 2010 – Affirming the need for proper procedure when deciding the fate of the State’s vulnerable coastal resources, the Rhode Island Supreme Court today overturned a Superior Court ruling that would have allowed the expansion of Champlin’s Marina into Block Island’s Great Salt Pond. The decision was hailed by Conservation Law Foundation (CLF) and others, who argued that the Superior Court exceeded its authority when it decided in February 2009 to circumvent the Coastal Resources Management Council’s (CRMC) permit review process and issue the Champlin’s Marina expansion permit itself.

“We are gratified that the Court agreed with our analysis and ruled in favor of good process,” said CLF staff attorney Jerry Elmer, who argued the case before the Supreme Court. “Today’s decision puts responsibility for determining what’s best for Great Salt Pond back where it belongs – in the hands of those who are charged with preserving our treasured coastal resources for future generations.”

With the Supreme Court’s decision, the case will be sent back to the Coastal Resources Management Council, which will be required to correct procedural errors that occurred in the permit review process and to vote again on the permit application.

Tricia Jedele, director of CLF’s Rhode Island Advocacy Center, stated, “Rhode Island needs cohesive, ethical and courageous management of its coastal resources if we are to adequately protect our state’s greatest assets. This decision underscores both the enormous challenge ahead of us and the mandate to get it right.”

Background

The Champlin’s Marina case dates back to 2003, when Champlin’s Marina applied to the CRMC for a permit to expand into the environmentally sensitive Great Salt Pont of Block Island. The CRMC held 23 hearings into Champlin’s application. In February 2006, by a 5-5 tie vote, the CRMC declined to approve Champlin’s permit application. Champlin’s appealed the permit denial to the Rhode Island Superior Court, which held a lengthy hearing into Champlin’s allegations of impropriety at the CRMC. In February 2009, the Superior Court issued a 91-page decision in which it ruled that there had, indeed, been improper procedures in the CRMC. At that point, the Superior Court should have sent the case back to the CRMC in order to correct the improper procedures and re-vote. Instead, the Superior Court exceeded its legal authority and itself simply granted the disputed permit to Champlin’s. That latter act – the granting of the disputed permit by the Superior Court – was reversed today by the Supreme Court.