Ripples
Catawba
Riverkeeper
Catawba Riverkeeper Donna Lisenby
Court Backs Trout
In June 2004, the Catawba Riverkeeper
Foundation, along with American Rivers and Trout Unlimited, filed a petition
to designate the Catawba River below the Lake James dam as a trout stream.
The North Carolina Department of Environment and Natural Resources initially
agreed that the supplemental trout classification (and increased protections
that go with it) should be applied. Then Duke Power got involved. Soon
after Duke Power indicated they did not support the reclassification
the state officials reversed their position.
The Environmental Management
Commission subsequently denied the petition. But the Riverkeeper and
her allies appealed the decision to North Carolina Superior Court. An
important legal principle was at stake: the state’s
non-discretionary duty to comply with the Federal Clean Water Act. No one
disputed that the stretch of the Catawba was prime trout habitat. The state
agency’s reversal was based solely on placing the interests of a
power company over the interests of the public. Further, because the agency
has a history of bowing to the power company’s preferences, this
action set an important precedent.
The court agreed. On July 19, 2005, NC Superior Court Judge Beverly Beal decided the appeal in our favor and reversed the Environmental Management Commission’s decision.
Funds Study of Mobile-Tensaw Delta
Between 1999 and 2002 Mobile Area Water & Sewer Service released more than 2.5 million gallons of partially or fully untreated sewage into Mobile Bay each year. But thanks to a lawsuit brought by Mobile Baykeeper, the utility will now make a major investment to restore water quality in the bay. A portion of these funds will also be used for a new study focusing on the Delta.
The Mobile-Tensaw Delta is the terminus of the fourth largest watershed in the continental United States. Dams on its feeder streams, a large causeway, and multi-state water compacts threaten the health of the estuary. The study will establish a series of monitoring stations in the upper regions of the watershed that will record variations in temperature, salinity, dissolved oxygen and turbidity, and collect data on the Delta’s flora and fauna. This information will help define the degree to which the causeway and upstream hydrological changes have reduced ecosystem productivity and species diversity in the Delta. Ultimately, this information will help both the community and its entrusted resource managers make better policy decisions for the Delta, its fisheries and the people who depend upon it.
The U.S. Ninth Circuit Court of Appeals rejected the fifth attempt in one year by California cities to thwart a U.S. EPA rule requiring them to remove trash from the Los Angeles River. EPA issued the rule following a 2002 lawsuit initiated by Santa Monica Baykeeper, NRDC and Heal the Bay. The top source of pollution along the California coastline is trash-laden stormwater from municipal stormdrains. Discharge from these drains flows untreated into the L.A. River, polluting the Pacific coastline. The coalition of 22 cities in Los Angeles County has challenged the rule to avoid cleaning up their trash. It is time for cities to stop avoiding the Clean Water Act and to start coming up with solutions to protect public health, beaches and wildlife.
Farewell Bouty Balderidge, Cape Fear Riverkeeper
Any one who studies nature quickly learns that change
is constant and inevitable. Sometimes it is fast and chaotic, like a flood
or a forest fire. Sometimes it is slow, steady and predictable, like the
march of a glacier or the life cycle of the cicadae. With time you learn
to study natural change without judging it. Rapid and chaotic change is
not always bad and slow methodical change is not always beneficial. Life
is a work in progress.
Like a tree falling from the bank of a river,
Bouty Balderidge’s
retirement leaves a void that will be difficult to fill. However,
like a tree that leaves generations of seedlings and other plants
in the protection of its shadow and the soil held in the nooks and
crannies of its roots, Bouty has given Cape Fear River Watch a rich
and diverse legacy and a strong bank to build on.
One person can make a difference. The first Lower Cape Fear Riverkeeper has shown us this through his values, his learning, his teaching and his determination to understand and improve the environmental quality of the Lower Cape Fear River Basin. We will continue to build on the firm foundation of his stewardship.
Apalachicola Riverkeeper was recognized as the Florida Water Resource Organization of 2004 by the Florida Wildlife Federation in recognition of their efforts in the Apalachicola-Chattahoochee-Flint Water Wars and their work to stop a U.S. Army Corps of Engineers dredging project.
Water Wars
The state of Georgia and the U.S. Army Corps of Engineers have been seeking
to increase surface water withdrawals from the Apalachicola River to
meet rising demand fueled by the explosive growth of Atlanta. Riverkeeper
is working with Florida and Alabama to prevent such withdrawals from
compromising the water quality, health and productivity of the river
and bay.
Dredging for Dollars
In yet another battle involving the Army Corps, Apalachicola Riverkeeper
is helping the Florida Department of Environmental Protection head
off an economically and environmentally unacceptable dredging project
aimed at increasing the navigability of the river. Riverkeeper worked
with others to produce a study that found that a navigable channel
is available without dredging an average of 4 to 5 months of the
year. Dredging will increase the availability by only 30-45 days.
A decision to deny dredging now looks likely, but the issue is not
over with the Army Corps still defending the project.
Neuse Pollution Trade Defeated
The largest water pollution trade ever proposed in the U.S. was soundly
defeated! And this time it is final.
This is great news for Falls Lake, the Neuse River and the citizens of North Carolina who opposed the plan to allow a developer to increase pollution loading in Falls Lake through the purchase of pollution credits. Neuse River Foundation (home of the Upper and Lower Neuse Riverkeepers) was joined by the City of Raleigh in a lawsuit opposing the trading permit. The state Division of Water Quality, the municipality, local utility and developers supported the trading scheme. But the Attorney General’s office representing the state agency knew that this was a losing proposition. They had received more than 1000 public comments opposed the pollution trading plan. So they did a complete reversal and denied the developer the use of pollution credits they had already authorized. This decision avoided a legal battle that could have ended up in the courts for a year or more.
One of the most important outcomes is the considerable attention that this fight has brought to Falls Lake. This important natural resource is used by more than a million recreational users each year and is the drinking water source for eight municipalities serving 350,000-plus people. The water pollution trading scheme would have put these people and this resource at grave risk.
Georgia Dam Removal
Chattahoochee Riverkeeper has taken a leadership role in a project to remove
two dams and restore 2.3 miles of rare fall-line habitat. The dams are
located on the Chattahoochee River between Columbus, Georgia and Phoenix
City, Alabama. The removal of two dams on the main stem of a major southeastern
river is unprecedented. Chattahoochee Riverkeeper is investigating techniques
to minimize erosion along the newly exposed shoreline – a shoreline
that has been largely underwater for more than 170 years. This effort could
prove challenging because nine major dams will remain upstream of the project
area. The Army Corps of Engineers may start drawing down water in the impoundments
as early as Fall 2005 to allow engineering work and an assessment of culturally
significant objects. Removal of the dams could start in earnest by the
summer of 2006 and be completed by the summer of 2007.
Court Opens Access to Jersey Shore
The New Jersey Supreme Court has ruled in favor of
New York/New Jersey Baykeeper, ensuring public access to private
beaches along state shores. Baykeeper has been advocating the public's right
to access their waterways since its inception 15 years ago, and beach
access has always been a part of this advocacy. Along with two other
groups, Baykeeper filed a "friend
of the court" brief last year and was represented before the Court
by attorney Andrew Provence.
The decision upholds a previous appellate ruling that requires privately held beaches to be opened under the public trust doctrine - citing precedent dating as far back as Roman Law. Andrew Willner, the NY/NJ Baykeeper, calls this public right to beaches "unassailable," and plans to use this ruling as a basis for further litigation elsewhere in the state. "We are ready to challenge the exclusionary tactics of other private beach clubs, condominiums, and some municipalities and are turning our eye to the more urbanized north-eastern part of the state for appropriate cases," Willner said.
On June 29 the Chesapeake Area Waterkeeper Programs honored Maryland State Attorney General Joe Curran as the 2005 Chesapeake Champion. As Attorney General, Curran has consistently demonstrated his commitment to protecting our waters, our communities and our Chesapeake Bay. From the creation of the Environmental Crimes Unit to the steady defense of the Critical Areas Law in the courts, to challenging polluters and the Federal government when they fail to protect our environment, Attorney General Joe Curran and his staff are there, on the front lines and behind the scenes, enforcing the laws that protect our waters. Waterkeeper Alliance and the 12 Chesapeake Waterkeeper programs recognized him for those achievements and his ongoing commitment to protecting our environment.
Keith Campbell, whose Campbell Foundation supports many groups working in the Chesapeake region, reminded attendees that we’ve got to focus on getting the political will to clean up the Chesapeake Bay and all our Maryland waterways. We’ve got to build up the grassroots, talk to others, and get a movement going to make change for the better.
Making the Clean Water Act Work: The Oconee River Wins
“Our goal is to clean up the river and we believe that this agreement is a good example of a how a company can work with the community to achieve that goal.”
After a year of negotiation, Altamaha Riverkeeper and S P Newsprint reached an agreement this summer that will reduce discharges of plastic in the Oconee River. The recycled newsprint company, located in Dublin, Georgia has agreed to construct and install new technology to reduce the plastic in its effluent. The new equipment is expected by December 31, 2005.
S P Newsprint receives newspapers from 230 suppliers and more than 7,000 recycling receptacles, located at schools and businesses in 10 states. It shreds the old newsprint to produce recycled paper. Many of the newspapers in recycling receptacles are left in plastic sleeves and in S P’s manufacturing process the plastic is shredded and as much as six pounds can end up in the wastewater discharge in the river on any particular day.
In the summer of 2004, after following up on reports from
fishermen in the area who observed the plastic in the river, the Altamaha
Riverkeeper filed a sixty-day notice of intent to sue S P Newsprint under
the Clean Water Act. S P and the Altamaha Riverkeeper disagree over whether
the six pounds of plastic discharged daily in the river is legal under
state and federal law. However, instead of resolving the matter in court,
Riverkeeper and S P have agreed to concentrate their efforts on identifying
and implementing solutions to keep the plastic out of the river as soon
as possible.
In addition to installing new technologies to reduce plastic
in the discharge S P will continue evaluating its operating practices and
equipment for improvement and provide discharge information to the
public for four years. S P will also conduct two years of water quality
sampling in the river. Part of the agreement outlines a consumer education
effort by the company and Riverkeeper to inform the public about the
necessity for removing all plastic before discarding any paper for
recycling.