Apologies for Shameful Negect of the Blog

Boy, its been way too long since my last post. Things have just been so busy. Between family life, working, and my part-time graduate class load, I'm stretched kid of thin. Because I am such a glutton for punishment, I've taken on three classes instead of the normal two for the semester. I feel that by doing this just for the current semester, I can coast through my upcoming last semester of one class and after that I'll be working exclusively on my thesis paper.

I've been staying abreast the developments in environment, land use and government. Just haven't made time to blog on them. President-elect will be sworn in on Tuesday - really exciting. I think he has the opportunity and potential be one of the best Commander-in-Chiefs this country has seen in a long-time. It seems like the time is right for great changes in America. With things like the terrible economy, the war, global climate change, Obama has a lot of work ahead of him. I'm sure we will all be watching the inaugural address on Tuesday, its history in the making.

After the inaugural, I'll post some comments and insights on his speech. After that I'll try post more. But I've said that before, haven't I?

Pennsylvania: Lawmakers see opportunity to fix infrastructure

HARRISBURG - The tentative budget deal between Gov. Ed Rendell and state lawmakers calls for borrowing about $2.5 billion for water and sewer projects, bridge repairs and other infrastructure projects.

http://www.mcall.com/news/local/all-a3_5pain.6484550jul01,0,2291374.story

Virginia Gov. Timothy Kaine Promotes New Transportation Plan

Last week, Virginia Gov. Timothy M. Kaine unveiled the Commonwealth's transportation plan he will present to the legislature. This is what he says it will do, and how it would be financed:

Goals

• Cut the highway maintenance deficit.
• Increase local road construction funding and restore support for construction projects statewide.
• Invest in targeted projects to reduce traffic congestion in Northern Virginia and Hampton Roads, the state's two most congested regions.
• Create a Transportation Change Fund to increase investment in transit, rail, and innovations that would reduce traffic congestion. (He offers the example of expanding ridesharing.)
• Provide incentives for cities and towns to take responsibility for their road construction programs.
• Create incentives for localities to use their land more efficiently by providing dedicated funding for transportation improvements in urban development areas.
• Clarifies local government flexibility to use secondary and urban road funding for transit projects.

Financing

• Increase the statewide motor vehicles sales tax from 3 percent to 4 percent. Do it with a one-half percent increase in January 2009 and another half-percent percent in July 2009.
• Dedicate all motor vehicle sales tax funds to maintenance.
• Increase the statewide annual vehicle registration fee by $10 and dedicate that extra money to maintenance.
• Increase the retail sales tax in Northern Virginia and Hampton Roads by 1 percent, except for food and medicine. In our region, the money would go to the Northern Virginia Transportation Authority.
• Increase the statewide grantor's tax by 25 cents, and put the money into the Transportation Change Fund.
• Lock it up: Any of these tax increases would expire if used for any purpose other than transportation.

Canada, U.S. increasingly at odds over pollution issues

Border battles: Canada, U.S. increasingly at odds over pollution issues

After decades of relative cooperation between the nations on either side of the river, border battles over environmental issues are becoming increasingly contentious. DTE officials will appear in a Canadian court July 7 to answer charges concerning how its plants' mercury emissions have affected Canada's waters and soils downstream.

Some legal experts trace these changes to the Bush White House and what they see as the government's go-it-alone approach to dealing with the environment. And there are varying ideas about whether the trend is a good thing.

"The Bush administration has been less interested in solving trans-boundary issues through diplomacy and bilateral cooperation than previous administrations," said Noah Hall, an international law expert at Wayne State University. "They haven't taken the diplomatic bilateral approach, and people have been left with no other option than to go to court."

Previously, disputes have been resolved through groups like the International Joint Commission or the Center for Environmental Cooperation, which was established as part of the North American Free Trade Agreement.

http://detnews.com/apps/pbcs.dll/article?AID=/20080627/METRO/806270382

Spotlight on easements

Grand jury probe should lead to tougher penalties for lawbreaking
Rocky Mountain News
Friday, June 20, 2008
http://www.rockymountainnews.com/news/2008/jun/20/spotlight-on-easements/

Some real estate appraisers, property owners and land trusts have manipulated tax credits available from Colorado's conservation easement program in ways that seem downright criminal.
So we welcome Wednesday's decision by Attorney General John Suthers asking a statewide grand jury to look into the more questionable deals. An independent probe is essential.

A grand jury can subpoena witnesses and compel testimony; the AG would not have that authority for this investigation. Subpoena powers will help the grand jury unravel any scams.
The probe should publicly highlight the worst abuses. Exposing obvious loopholes should prod state lawmakers to close those gaps.

No single agency has direct oversight of easement credits, which have drained more than $274 million from state coffers since 2000. Articles in the Rocky have uncovered a host of dubious transactions, some involving what looks like excessive appraisals and multiple tax credits claimed from the same parcel of land.

For some people the temptation to game the system must have been irresistible. It was possible to collect millions in tax credits without drawing any attention. With little risk of getting caught, pushing the limits may have seemed a gamble worth taking.

Indeed, the penalties for illegally cashing in easements are little more than a slap on the wrist - low-level misdemeanors which carry modest fines and minimal jail time, if any.

To be sure, the grand jury might discover evidence of conspiracy, tax fraud or securities fraud - offenses that carry much stiffer penalties. And for months the IRS has conducted its own probe of easement deals that could violate federal tax laws.

If those wider offenses aren't prosecuted, don't count on stiff sentences for those who illegally manipulated easements. Another reason to welcome the grand jury's independence: Tax attorney Rodney Atherton, now under investigation by the Colorado Supreme Court for potential ethics violations related to the easement program, is likely to get a look.

A Rocky investigation of a land trust he organized found that Atherton got two open-space agreements on land he owned in Jefferson County and that these deals led to $360,000 in state tax credits for the attorney and his wife. Atherton may have attracted attention because the state Republican Party is a client of his law firm Zakhem Atherton. Suthers is Colorado's highest-ranking GOP official.

Michael Huttner of ProgressNowAction called for Suthers to recuse himself from the investigation, claiming Suthers had "a conflict of interest with one of his major contributors."
Atherton is hardly a "major contributor," since he did not give Suthers any money for his 2006 campaign. And while Atherton's law partner John Zakhem gave $900 to Suthers' campaign, Atherton did not join the firm until 2007. The most direct link Huttner can make is a contribution from Atherton to Gov. Bill Owens' 2002 re-election campaign.

Huttner's allegation is ludicrous. We have no reason to question Suthers' independence.
Besides, if Suthers wanted to protect Atherton, or any Republican, why wouldn't he take charge of the investigation, so he could cherry-pick who was scrutinized and who was left alone?
We trust the grand jury probe will be thorough, giving lawmakers plenty of ammunition to stiffen the penalties for looting public coffers and abusing a program meant to conserve valuable open space.

Jesse J. Richardson, Jr.
Associate Professor and Program Chair Urban Affairs and Planning
Virginia Tech

Farm bill and the Great Lakes

News release from the Great Lakes Commission

Contact: Tom Crane
E-mail: tcrane@glc.org
Phone: 734-971-9135
Fax: 734-971-9150
For immediate release May 28, 2008

2008 Farm Bill important for the Great Lakes

Ann Arbor, Mich. – Passage by Congress of the 2008 Farm Bill (H.R. 2419) means some good news for the Great Lakes. Provisions of the bill will help efforts to control soil erosion in the Great Lakes basin, and support research on a deadly fish virus in the lakes, among other priorities.

As a member of the Farm Bill Conference Committee and Senate Agriculture Committee, Michigan Senator Debbie Stabenow (D-Mich.) played a leading role in crafting the Food, Conservation and Energy Act, also known as the Farm Bill, which was approved by Congress this month. Sen. Stabenow was instrumental in reauthorizing the only Great Lakes-specific Farm Bill program, the Great Lakes Basin Program for Soil Erosion and Sediment Control, and adding language linking the program to the Great Lakes Regional Collaboration Strategy (GLRC) to restore and protect the Great Lakes. The GLRC strategy was adapted in 2005 by a partnership of federal, state, municipal and tribal interests following a year-long collaboration.

Beyond the Great Lakes-specific provisions of the Farm Bill, many national conservation measures included in the bill will benefit the Great Lakes region. The bill included increased funding and policy improvements for the Environmental Quality Incentives Program and the Conservation Stewardship Program to reward farmers for land and water conservation practices. It also boosted funding for Wetland Reserve and Grassland Reserve programs to protect water resources and expand wildlife habitat.

Created by the legislation were both a new conservation loan program to leverage additional funding for agriculture conservation and a new cooperative conservation program to more effectively address natural resource concerns.

“We are pleased that the 2008 Farm Bill includes important provisions to protect and restore the Great Lakes. We congratulate Sen. Stabenow and other members of the Great Lakes Congressional Delegation for their leadership and dedication to protecting the Great Lakes,” said Michigan Lt. Gov. John Cherry, chair of the Great Lakes Commission. “This is one piece of federal legislation that acknowledges the value of the Great Lakes and the wisdom of investing in their protection.”

The Commission also commends Rep. Collin Peterson (D-Minn., 7th District), chair of the House Agriculture Committee, for his leadership in guiding the bill through the legislative process.

The Great Lakes Basin Program – which gained renewed support in the Farm Bill – is administered by the Great Lakes Commission, with funding provided by the U.S. Department of Agriculture, Natural Resources Conservation Service. The Basin Program supports improved erosion and sediment control and sound land use practices through demonstration grants, technical assistance and information/education projects. Grant recipients include conservation districts and other non federal units of government, nonprofit organizations and academic institutions in all eight states of the Great Lakes basin. Over the past 17 years, the Basin Program has supported nearly 400 projects and invested almost $12 million in water quality improvement efforts. These projects have prevented an estimated 250,000 tons of sediment and 900,000 pounds of phosphorus from entering the Great Lakes and tributaries. Sediment pollution covers spawning beds, suffocates aquatic vegetation habitat, and increases the cost of treating potable water and maintaining drainage infrastructure. Phosphorus pollution can lead to excess growth of plants and algae and rob lakes and rivers of oxygen.

Another provision of the Farm Bill authorizes research grants for the study of viral hemorrhagic septicemia (VHS), a lethal fish virus that has been blamed for several large-scale fish die-offs in the Great Lakes since 2005.

The Great Lakes Commission, chaired by Lt. Gov. John Cherry (Mich.), is a nonpartisan, binational compact agency established under state and U.S. federal law and dedicated to promoting a strong economy, healthy environment and high quality of life for the Great Lakes-St. Lawrence region and its residents. The Commission consists of governors' appointees, state legislators, and agency officials from its eight member states. Associate membership for Ontario and Québec was established through the signing of a " Declaration of Partnership." The Commission maintains a formal Observer program involving U.S. and Canadian federal agencies, tribal authorities, binational agencies and other regional interests. The Commission offices are located in Ann Arbor, Michigan.

Legislative Victory for Land Conservation

Legislative Victory for Land ConservationCongress Passes Conservation Tax Incentive for Family Farms and Ranches

Following similar action in the House, the Senate last night voted to overturn the President's veto of the Farm Bill. Despite an earlier procedural glitch, the final bill emerged as expected with our conservation tax incentive now enacted for two more years. After an arduous uphill battle and the prospect of defeat only a few weeks ago, our national coalition now has a hard-earned reason to celebrate. This puts back in place the incentive that had expired January 1st with the exact same terms, that is, raising the deduction for donated conservation easements form 30 to 50% of adjusted gross income—and 100% for farmers and ranchers—and extending the time period for using the deduction from 6 to 16 years.

For more information, please visit www.lta.org

Appalling Vote on Great Lakes Waters

MICHIGAN

International water interests are using the Farm Bureau as their cover with state legislators. The proposed legislation in the House has basically excused agricultural operations from permitting and yet the Farm Bureau is carrying the water for those seeking to manipulate and export our cherished streams, rivers and groundwater. In the floor debate yesterday, private water interests stepped aside and let the Farm Bureau do their bidding outside the House chamber. Unfortunately, lawmakers are being duped by their arguments ... or, perhaps, their checks.

Fortunately, we still have an opportunity to make certain the House gets it right. Four bills were voted out yesterday and the three remaining bills will expected to be taken up next week.

Now is the time to contact lawmaker offices insisting they fight for our water and challenge the corporate interests desiring to seize control of our water. House members have to support the remaining three bills pending before the House.

Congress Urged To Restore Water Protection

News Release
Clean Water Action
For Immediate Release April 16, 2008

Contact:
Paul Schwartz 202-895-0420 ext. 105
David Holtz 313-300-4454

Congress Urged To Restore Water Protections Risk To Drinking Water Sources Cited In Testimony Seven Michigan U.S. House Members Back Proposed Clean Water Bill

Washington, DC – A leading public interest group in testimony today urged Congress to pass a new law safeguarding all of America’s waters, saying the public strongly supports returning measures protecting wetlands and streams across the country. “In our work with over a million members in more than twenty states, people tell us that passing the Clean Water Restoration Act is the right thing to do,” said Darrell Gerber, a Clean Water Action water specialist in testimony today before the U.S. House Transportation and Infrastructure Committee. “The critical question before Congress is: Do we want to throw out 35-years worth of progress in cleaning up our waters or do we want to continue working to make all our waters fishable, swimmable and drinkable? The people we talk to across the country, and independent polls, resoundingly say the clean-up must move forward.” Waters covering 59 percent of the nation’s waterways that are the drinking water source for more than 100 million people were put at risk when a series of court decisions followed by federal agency actions in 2003 and 2007 resulted in removal of many wetlands and streams from protections under the nation’s 35-year-old Clean Water Act. Forty-eight percent of Michigan's streams and drinking water sources serving nearly 300,000 Michigan residents have been put at risk. U.S. Rep. James Oberstar (D-MN), chair of the Transportation and Infrastructure Committee, responded by authoring the proposed Clean Water Restoration Act, the subject of Wednesday’s full committee hearing. The bill, first introduced in 2004, clarifies Congress’ original intent to prevent pollution and destruction in all water bodies, not just some, Gerber told committee members. Among the bill's 176 co-sponsors are Reps. Dingell, Ehlers, Kildee, Conyers, Kilpatrick,Levin and Stupak. In his testimony, Gerber noted intensified and more frequent flooding and deeper droughts, in part due to global warming. “Passing the Clean Water Restoration Act will protect the very resources which function to lessen the impact of these problems,” said Gerber. “Now more than ever we need federal water protections that meet the original goals of the Clean Water Act to ensure that our water is fishable, swimmable and drinkable.” Committee and floor votes on the Clean Water Restoration Act are expected in the near future. The U.S. Senate and Environment and Public Works Committee held a hearing on the Senate version of the bill (S.1870) last week. Passage of CWRA is a priority for Clean Water Action in 2008. Clean Water Action is the nation’s leading grassroots environmental campaign organization, with more than 1 million members nationwide. Clean Water Action has been a leader in protecting America’s waters, the public health and empowering people to take charge of their environmental future.

www.cleanwateraction.org

#30#--

David Holtz

Director of Communications

Clean Water Action

313-300-4454 (cell)

dholtz@cleanwater.orgwww.cleanwateraction.org
4455 Connecticut Ave NW, A300

Washington, DC 20008-2328
111 New Montgomery Street,

#600San Francisco, CA 94105

Blog Posts from Michigan League of Conservation Voters

Scoring our Lawmakers in D.C.

Michigan League of Conservation Voters teamed up with the National LCV to release the 2007 Environmental Scorecard. This scorecard is based on a scale of 0 to 100, and it was scored on the number of pro-environment votes cast out of the total number votes during 2007. Absences are counted as a negative vote. The 2007 scorecard includes fifteen Senate Votes and twenty House votes on a range of issues, including energy, global warming, environmental funding, mining reform and the farm bill.

Let's get down to business…how did the Michigan delegation score?

Our two U.S. Senators – Carl Levin and Debbie Stabenow each scored 67 percent with a lifetime score of 77 percent for Levin and 81 percent for Stabenow. Their no votes on one set of the CAFE and Energy Efficiency legislation as well as no votes on subsidy reform for the Farm Bill brought their scores down significantly.

A few more highlights include Representatives Dingell and Sandy Levin scoring 90 percent with lifetime scores of 72 percent for Dingell and 87 percent for Levin. On the other end of the spectrum Congressman Camp has clearly decided he is against protecting the environment with a score of 0 and lifetime score of 10 percent. Hoekstra, Walberg and Rogers all scored 5 percent. Mr. Knollenberg who is number 2 on National LCV's dirty dozen list scored 20 percent with a lifetime score of 8 percent.

For more scores and details visit – http://www.michiganlcv.org/


Dow, Nestle Should Be Held Accountable, Not Praised
Last month, U.N. Secretary General Ban Ki-moon praised Dow Chemical and Nestle for being part of global water solution. The headlines broke just a few days after thousands of Michiganders filed a class action lawsuit against Dow Chemical Company for their massive contamination of the Tittabawassee River.

Dow and Nestle aren't part of the global water solution: they are part of the Michigan water crisis.

Dow Chemical Company should not be praised for causing the largest dioxin contamination in the country! Nestle shouldn't be praised for bottling our water and taking it away from the Great Lakes region! These companies should not be praised for their misdeeds; they need to be held accountable for their actions.

Great Lakes Pact

Important article by Tom Henry of the Toledo Blade on the Great Lake pact and Republican efforts in Ohio and Wisconsin to stall it by amendment.

http://toledoblade.com/apps/pbcs.dll/article?AID=/20080217/NEWS06/802170304/-1/NEWS

Maryland: Global Warming Solutions Act

Smart Growth Measures Part of Strategy Endorsed in Maryland's Global Warming Solutions Act
Source: Baltimore Sun 1/30/2008

With 3,100 miles of shoreline making Maryland ''the fourth-most-vulnerable state to the effects of global warming,'' the lead sponsors of its Global Warming Solutions Act, Senate Environment Subcommittee Democratic Chairman Paul. G. Pinsky and House of Delegates Democratic Majority Leader Kumar Barve, urge the General Assembly ''to take real action on global warming'' this session and pass the act that would cut greenhouse gas emissions 25 percent by 2020 and 90 percent by 2050, through new statewide efficiency and resource-management programs, including Smart Growth measures.

''Why now? Because we can't continue to wait and debate,'' they write in a Baltimore Sun oped column, warning that delay would damage Maryland's economy and environment, particularly the Chesapeake Bay.

In contrast, they stress, ''the Global Warming Solutions Act would mean significant investment in renewable energy, energy efficiency and green buildings, creating 'green collar' jobs for Marylanders and saving taxpayers money in the long run, while reversing an environmentally destructive trend.''

With the White House failing to join international accords on climate change, ''(w)e no longer can wait for the federal government to act,'' they write. ''Even if voters elect a pro-environment president in November, there is still a long battle ahead in Congress.''

But if Maryland ''joins other states -- California, New Jersey and Hawaii -- that have adopted legislation to fight global warming,'' they point out, ''it can only hasten Congress, and the White House, to approve a national policy.''

Georgia: Lawmakers in Georgia are looking to loosen water restrictions for swimming pools

Lawmakers in Georgia are looking to loosen water restrictions, enabling people to fill their swimming pools and water their plants despite a statewide drought.

Perdue wants to relax water rules
Source: The Atlanta Journal-Constitution, Feb 06, 2008

Ohio: Clean Water Fund

Governor Strickland’s State of the State address called of $400 million for the Clean Ohio Fund.

$400 million for the Clean Ohio Fund, to advance efforts to reclaim brownfields
and other damaged lands and preserve farm land and open spaces.

http://www.dispatchpolitics.com/live/content/local_news/stories/2008/02/06/state.html?adsec=politics&sid=101

Commission urging reauthorization of GL Legacy Act

The Great Lakes Commission is beginning the 2008 legislative season by renewing its call on Congress to pass legislation to halt the introduction and spread of AIS, and is calling upon Congress to reauthorize the Great Lakes Legacy Act. The Legacy Act, passed into law in 2002, authorizes funding to remediate contaminated sediments in the 30 remaining U.S. and binational Great Lakes Areas of Concern (AOCS) designated under the Great Lakes Water Quality Agreement and is a cornerstone of Great Lakes restoration efforts. To date, five cleanup projects and seven projects to monitor and evaluate contaminated sediments have been implemented under the Legacy Act, with eight additional projects now under review. To better reflect the long-term costs of remediation efforts, the Commission is urging that the annual authorization under the Legacy Act be increased from $54 million to $150 million annually. The Commission is also recommending that the Act be amended to allow the use of funds to support pilot projects demonstrating innovative remediation technologies and techniques, and for habitat restoration. Contact: Matt Doss, mdoss@glc.org.

Nestlé's water pumping harmful to Michigan

Saturday, January 05, 2008
By Terry Swier
Special To The Press

I am writing to set the record straight on the harm done to Michigan's waters by Nestlé water mining operations. When the guest column, "Nestlé success in Michigan in spotlight" by Nestlé Vice President of Corporate Affairs Heidi Paul in The Grand Rapids Press was being read Dec. 12, I was testifying in front of the U.S. Congress.

I am the president of Michigan Citizens for Water Conservation (MCWC). I was on the same panel as Ms. Paul, testifying before the U.S. House of Representatives Domestic Policy Subcommittee Oversight and Government Reform Committee, and was asked many of the same questions. Ms. Paul stated that Nestlé's pumping is good for Michigan, and the company has caused no harm.

Courts have determined otherwise. Michigan Citizens for Water Conservation won on this point in all three courts in the case MCWC v Nestlé.
The finding of fact that Nestle would cause substantial harm at levels lower than they are pumping now, was made by the Mecosta County Circuit Court and the Michigan Court of Appeals, and affirmed by the Michigan Supreme Court when it rejected Nestlé's argument that the findings were in error.

A picture of the mudflat at Dead Stream was projected on the walls at the hearing. As stated in my written testimony, before pumping, there was water in the stream, even during natural low flows and levels. Sound science, considered and argued over during 19 days of trial in MCWC's case, found Nestlé's pumping at 400 gallons per minute would reduce stream flow by 24 percent, drop levels by 2 to 4 inches, and drop the levels of two lakes by 4 inches to 6 inches.
The findings can be found in Judge Lawrence Root's opinion following the bench trial. The stream has narrowed and wetland edges and bottomlands have been invaded by plant species. Nestlé did not halt pumping. Where is Nestlé's "good neighbor" policy?

At the hearing, Congressman Dennis Kucinich asked witness Dr. David Hyndman about the picture, and asked if beaver dams had anything to do with the harm of Dead Stream. Dr. Hyndman testified, as the courts agreed, that the beaver dams had nothing to do with low levels on Dead Stream. He testified that the low levels were caused by Nestlé's pumping during low flow or growing season when the stream is most vulnerable.
Nestle continues to claim there is no harm. Nestle continues to present itself as just another business using a little water. Instead, this is water mining, pure and simple -- at the expense of the public and at enormous profit to Nestlé. No amount of Nestlé bubbly talk can obscure that fact.

Nestlé also recently argued to the Michigan Supreme Court that citizens have no right to bring a lawsuit to protect wetlands or lakes on Nestlé's own property, even though it has been undisputed that their water resources are protected by state laws.

MCWC believes much of what it has done and stands for is supported by a majority of citizens in Michigan and the Great Lakes. Many citizens oppose the removal of water for export and sale as water, because this converts water under public control to private control and profit without adequate consideration of the public trust, the environment or an accounting for a substantial subsidy of a private exporter without public purpose.

Every gallon extracted as "spring water" as it appears on the label of Nestlé's Ice Mountain bottles, extracts a gallon of water that would otherwise feed a wetland, stream or lake. The diminishment of flow and level causes significant adverse impacts to these water bodies and their habitat and wildlife.

Water grabbers, like Nestlé, undermine the interest of our sixth-generation residents who live in Mecosta, on its lakes and streams; the public that fishes, boats, swims and enjoys our lakes and streams; farmers who rely on our groundwater; industry and our economy that are so dependent on our water, and the environment and public trust.
Our water is our heritage and our culture. It must be protected for our future generations. Let the water stay where it flows, not where it goes.

-- Terry Swier is President of the grassroots group Michigan Citizens for Water Conservation in Mecosta.

©2008 Grand Rapids Press
© 2008 Michigan Live. All Rights Reserved.

Video: Lack of Global Warming Talk in 2008 Pres Campaigns

Hats off to the League of Conservation Voters who made this great video

A VISIT TO THE REAL WORLD OF THE KELO DECISION

Interesting blurb from NJ Lawyer

In Kelo v. City of New London, the U.S. Supreme Court said that if a government thought it was a good idea to condemn private property through eminent domain and hand it over to a private developer - if public officials thought that would forward the public purpose of economic development -well, the nine justices would defer to those local officials' informed judgment. That was in June 2005. So how are things going in New London,Conn, two and a half years later? According to reports in the New London Day, not so well. The private company chosen to redevelop the Fort Trumbull area, Corcoran Jennison, has missed several deadlines for securing financing and hasn't built a single one of the luxury apartments and townhouses that are supposed to begin to revivify the area. The city has given them another six-month extension to get their financing together. Meanwhile, the first condemnation notices for the homes and businesses that once stood in the neighborhood went out a full seven years ago. Oops! 12-20-07

Southeast governors to discuss ACF river basin allocation

Source:
Daniel Cusick
Greenwire
December 17, 2007

The governors of Florida, Georgia and Alabama today hope to lay the groundwork for a long-term, water-sharing agreement for the Apalachicola-Chattahoochee-Flint River Basin, which has emerged in recent months as the prize in a water war spurred by the Southeast's record drought.

In meetings scheduled in Tallahassee, Fla., Gov. Charlie Crist will try to convince fellow Republican Govs. Sonny Perdue of Georgia and Bob Riley of Alabama that Florida cannot abide by an ACF flow regime that would essentially rob the state's Apalachicola Bay of necessary fresh water.

Georgia, meanwhile, will stress the growing water supply needs of burgeoning Atlanta, which draws water from an major upstate reservoir on the Chattahoochee River, while Alabama will maintain that the ACF basin must provide enough water to support that state's industrial and municipal users.

Interior Secretary Dirk Kempthorne, who hosted the three governors for negotiations on Nov. 1 in Washington, D.C., also will attend today's meeting, as will representatives of the Army Corps of Engineers and the Fish and Wildlife Service, which is responsible for managing three federally protected species in the Apalachicola River.

The Army Corps is responsible for managing flows along 900 miles of river corridor that drain 19,300 square miles of watershed from the north Georgia mountains to the Florida Panhandle. Disputes over water rights in the basin date back nearly 20 years, as the three states began to realize their water needs exceeded what the ACF basin could provide, particularly in drought years.

This year's drought has been among the worst ever in the Southeast, with rainfall across north Alabama, north and central Georgia, east Tennessee and the western Carolinas measuring half or less than half of normal accumulations.

Under an emergency operations plan implemented in November for the ACF basin, the Army Corps reduced water flows at a hydrodam on the Georgia-Florida border from 5,000 to 4,750 cubic feet per second, in part to allow for greater rainfall accumulation in upstate reservoirs.
The plan, approved by the Fish and Wildlife Service, could allow for even greater flow reductions at Woodruff Dam, but Florida has resisted the cuts, saying its commercial and recreational fishery in Apalachicola Bay is being harmed by the curtailment of fresh water. The bay already is suffering spikes in salinity because of the encroachment of seawater from the Gulf of Mexico, resulting in oyster die-offs and the loss of aquatic vegetation that provide critical habitat for fisheries.

The Fish and Wildlife Service last week signed off on a corps request to cut flows by another 250 cubic feet per second, prompting a protest letter from Florida Environmental Protection Secretary Michael Sole, who said the current and proposed cuts had "wrought compelling damage on Florida's highly sensitive aquatic resources."

Pat Robbins, a spokesman for the corps' district office in Mobile, Ala., said this morning that no further reductions in flow were made over the weekend and that the agency was assessing the positive effect of a 1.75-inch rain that fell over the southern reaches of the ACF basin on Saturday.

Sarah Williams, a spokeswoman for the Florida Department of Environmental Protection, said this morning that Crist will steer the conversation to address both the short- and long-term issues facing the river basin.

"We realize this is a unique situation, but we want to come up with a long-term plan so this doesn't happen again," Williams said.

The governors are scheduled to meet today from 10 a.m. to 3 p.m. EST and will hold an afternoon press conference immediately afterward to share details of the talks.

Opponents vow to fight DEQ approval of UP sulfide mining permit

Disappointment over decision to allow dangerous mining linked with acid mine drainage leads groups to plan next steps

Community and environmental leaders united today in their opposition to the Michigan Department of Environmental Quality’s issuance of a permit for a dangerous sulfide mine on the Upper Peninsula’s Yellow Dog Plains.

Some opponents are now poised to legally challenge the flawed decision that would allow the mine to operate beneath a critical Lake Superior tributary.

The nickel mine would generate hundreds of thousands of tons of acid-leaching waste rock from underneath the Salmon Trout River near Marquette, putting the region’s water at risk, including Lake Superior.

"We are extremely disappointed that after all the work which went into crafting the law governing non-ferrous mining in Michigan that the DEQ has chosen to simply ignore key components of that law. They’ve granted Kennecott a permit which clearly doesn’t even meet the intent, let alone the letter of the law," stated Anne Woiwode, state director of the Sierra Club Michigan Chapter.

National Wildlife Federation attorney Michelle Halley said she and other opponents are currently considering a variety of administrative and court actions. “We need time to review the final permit conditions and will proceed after that,” she explained.

Opponents of the permit include: Huron Mountain Club, Keweenaw Bay Indian Community, Landowners Opposed to Sulfide Mining, Michigan Environmental Council, Michigan League of Conservation Voters, National Wildlife Federation, Sierra Club, Students Against Sulfide Mining, Yellow Dog Watershed Preserve, Save the Wild UP, and a host of other ad hoc groups throughout the region.

Less than two months after receiving more than 4,000 public comments, including a technical analysis that numbered more than 700 pages, the MDEQ upheld its preliminary decision to allow Kennecott Eagle Minerals Co. to blast a mine beneath a blue-ribbon trout stream.

“NWF and key allies that share our concerns are prepared to challenge these permits because they do not meet legal standards,” Halley said. “We cannot stand idly by while the DEQ permits fatally flawed projects.”

Halley questioned whether the MDEQ adequately considered the expert testimony that concluded the mine posed an unacceptable risk to the state’s water resources and the safety of mine workers.

“The MDEQ has always said they would make the decision based on science and yet they have ignored the technical information submitted by leading mining industry experts,” she explained. “Technical analysis was submitted by people who specialize in groundwater, subsidence, air pollution and a myriad of other specialties and all pointed to egregious errors in the permit application. For the MDEQ to turn a blind eye indicates that something other than science is prevailing in Lansing,” Halley continued.

Speaking on behalf of the Huron Mountain Club, Paul Townsend questioned whether the MDEQ ever seriously considered the risks.

“On October 17, we filed comprehensive comments in opposition to the proposed permits, including reports of scientific and engineering consultants, all well-respected experts in their fields. The complete filing was more than 700 pages,” Townsend recalled.

“Now the DEQ has approved the mining permits. While disappointing, this is not surprising, given the past performance of DEQ. We are even more disappointed in Governor Granholm’s lack of leadership on this critical issue. Had the technical comments been properly evaluated, she and her DEQ would have found repeated instances where Kennecott had submitted false or incomplete information which experts believe show that this mine will cause significant environmental damage to the Upper Peninsula,” Townsend said.

Cynthia Pryor, executive director of the Yellow Dog Watershed Preserve, said she believes fear is what is motivating the state agency.

“Unfortunately, Kennecott is holding the State of Michigan hostage to the notion that they will sue them for takings if this mine is not permitted. Why else would our government - who is bound to protect us - sell our lands, our waters and our natural resources to this company from England, despite the will of the people and the scientific realities of the project?” Pryor asked.

Save the Wild UP, the grassroots group that has vocally opposed the project, believes the state has sold out the people of the Upper Peninsula.

“DEQ has made a charade of listening to the public. Governor Granholm seems willing to hold her nose and allow the inevitable nasty pollution of the U.P. and the Great Lakes,” said Dick Huey, co-founder of Save the Wild UP.

While the mining company gained MDEQ approval today, opponents say the project still has several hurdles to clear, including at least one federal permit required by the U.S. Environmental Protection Agency and permission from the Michigan Department of Natural Resources to utilize 120 acres of state lands for the mine’s surface facilities via a 40-year land lease. One week ago, Kennecott was notified by MDNR of seven areas of concern related to the company’s plans for the property after the mine’s closure.