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

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!