Baykeeper Victory Halts Ballast Water Discharges Nationwide
This spring a federal court ordered U.S. EPA to stop allowing ships to dump ballast waters in U.S. ports. The decision came in response to a suit brought by Baykeeper and other environmental groups concerned about invasive species arriving through unregulated discharges from ships. The ruling requires that ships arriving in all U.S. ports obtain a pollution permit before dumping their ballast – water which ships use for stabilization that can carry live, invasive species from other countries.
“This is a stunning victory for the environment and San Francisco Bay,” said Leo O’Brien, Executive Director of Baykeeper. “The Bay-Delta estuary is a poster child for the harm caused by invasive species carried by ballast water. It is the most invaded estuary in North America and possibly the world. Invaders like the Asian clam and the Chinese mitten crab now dominate the native species and it is getting worse: on average a new species establishes itself in the bay every 14 weeks. Hopefully, the tide is now turning.”
More than 21 billion gallons of ballast water from international ports is discharged into U.S. waters each year. Estimates of the cost of invasive species to the U.S. economy are in the billions of dollars annually.
Along with Baykeeper, plaintiffs in the lawsuit were Northwest Environmental Advocates and The Ocean Conservancy. The Earthjustice Environmental Law Clinic at Stanford University and Pacific Environmental Advocacy Center at Lewis and Clark Law School in Portland, Oregon, represented the three organizations.
BaykeeperIn the courtroom and on the water: Baykeeper patrol vessel with cargo ship in San Francisco Bay.
Waterkeeper Nuptials
Casi Calloway, renowned Mobile Baykeeper, was wed to
Mr. Jarrett Grover in Mobile, Alabama on November 5th.
Speaks Truth To Wal-Mart
For the past two years Donna Lisenby, Catawba Riverkeeper, has been investigating Wal-Mart stores north, south, east and west of a proposed Wal-Mart sight in Belmont, North Carolina. Filmmaker Robert Greenwald has documented Donna’s battle with the retail giant in his new critically acclaimed film Wal-Mart: The High Cost of Low Price.
In 2004, the Catawba Riverkeeper testified as an expert witness in a permit hearing for the possible construction of a Wal-Mart store in Belmont. Before the hearing, Donna Lisenby traveled to Wal-Mart sites throughout the Carolinas, only to find parking lots full of birth defect and cancer-causing pesticides stored in the open. Many of the bags containing the pesticides were torn and spilling onto the ground, not far from storm drains that empty out into the Catawba River.
In Wal-Mart: The High Cost of Low Price, Greenwald interviews Donna, along with church leaders, local residents, family business owners and former employees, about their experience with the mega-corporation. While commenting on the “heart breaking stories” he found from people across the country, Greenwald notes, “Many of them were just too frightened to appear on camera. I hadn’t counted the incredible culture of fear that Wal-Mart has created.”
You can find the film at www.walmartmovie.com
The Apalachicola Riverkeeper led a coalition of local, state and national environmental groups in a fight to stop the unnecessary dredging of the Apalachicola River bottom. The Florida Department of Environmental Protection has denied the U.S. Army Corps of Engineers a permit for dredging, siting irrepairable harm to the river, its tributaries and the wildlife within the Apalachicola River and its floodplain.
The DEP denied the permit on the basis that the Corps had failed to remove piles of dredged sand from creeks and sloughs as required under its previous permit. The Corps also had not offered new solutions on where dredged sand should go, state officials said.
The Apalachicola Riverkeeper, in cooperation with Damayan Water Project, the Corps Reform Network and American Rivers, funded a report solidifying the scientific case against dredging. Apalachicola Riverkeeper Dan Tonsmeire says, “This historic decision sends a clear message to Congress that Florida will no longer stand for the significant adverse environmental impacts of a project with minimal, if any, economic benefit.”
Wins N.Y. Conservationist of the Year
The Adirondack Council is the lead voice preserving Adirondack Park’s six million acres of forests, lakes and fresh air. This year, the Council named Lake George Waterkeeper Christopher Navitsky as its 2005 Conservationist of the Year at the Council’s annual dinner in Lake Placid, NY.
Adirondack Council’s Executive Director Brian L. Houseal notes, “Chris Navitsky has been an important force for environmental protection since he first began his work on Lake George. He has worked alongside Adirondack Council staff members on projects such as the Ft. William Henry Hotel reconstruction and in preventing chemical contamination in Lake George. Through it all, he has been a tireless advocate for the lake’s health and for the sound planning and the well-enforced zoning needed to protect it.”
Chris Navitsky became the Lake George Waterkeeper three and half years ago, after deciding to apply his engineering expertise to educate people on the importance of water quality and to help defend the resources of Lake George. Navitsky says, “It is the greatest achievement that I’ve ever received and has inspired me to work harder.”
Past recipients of the Conservationist of the Year Award include Gov. George E. Pataki, Gov. Mario M. Cuomo and New York Times Editor John Oakes. Navitsky received an exquisite hand-carved loon for his accomplishment.
Fighting Pollution By Day, Crime By Night
It was almost midnight when Upper Neuse Riverkeeper
Dean Naujoks heard the sound of his Honda Accord being totaled outside
of his house in Raleigh, North Carolina earlier last year. His car
and two others were left in shatters when two men, fleeing from the
police, raced through Dean’s neighborhood
at 80 mph and then lost control of the SUV they were using for a drug deal.
The two tried to run from the wreckage before police could reach the scene.
But Dean, who is as intolerant of car thieves as he is of polluters, was
determined to catch them. He chased the men for a block until he dove and
pinned down one of the men.
Dennis Poteat of the Raleigh City Police presented Naujoks with an award
for his “willingness to step forward to make his community a better
place to live.” The Mayor of Raleigh, Charles Meeker, Councilman
Thomas Crowder and Police Chief Jane Perlov all attended the ceremony.
Perlov, who grew up along the Hudson, said that she appreciated the work
of all Riverkeepers, seeing parallels between the police who enforce
civic laws and Waterkeepers, who enforce environmental laws.
Waterkeeper Eats
Puget Soundkeeper Clean Water Ale
Puget Soundkeeper Clean Water Ale is a light-bodied and beautifully balanced Northwest style pale ale. Using the artesian waters of the Northwest with the finest Northwest organic hops and malt, Puget Soundkeeper and Fish Brewing Co. have produced an ale with a gentle sweetness, matched by a late addition of Cascade and Northwest Brewer hops. Order some Ale from Fish Brewing; a portion of all proceeds go towards Puget Soundkeeper.
Waterkeepers Australia’s Adopt-A-Mug Campaign
Through Waterkeepers Australia and local coffee shop Red Capsicum’s new Adopt-A-Mug campaign, coffee lovers can indulge in their morning latte without the waste. For a $1 deposit, customers can drink from a ceramic mug and then can pick up their dollar upon returning the mug. As program coordinator Greg Hunt says, “Good coffee is important and to drink from a proper mug is part of it.”
NY/NJ Baykeeper Oyster Stew
With chilly, winter winds and crisp, cold, snowy nights, ‘tis the season to enjoy a steamy bowl of NY/ NJ Baykeeper Oyster Stew, a joint project between NY/NJ Baykeeper and Bahr’s Landing Restaurant. The stew is made from fresh domestic oysters, rich cream, subtle spices, and laced with cherry wine. Enjoy a bowl at Bahr’s Restaurant in Sandy Hook, NJ, order it online, or pick up a can from your nearby Shop Rite, A&P or Gristedes. Ten percent of the proceeds are donated to Baykeeper’s Oyster Restoration Program.
Lake Champlain Lakekeeper and Ben and Jerry’s
Without a doubt, Phish Food is one of Ben and Jerry’s most popular flavors, but did you know with each lick you help protect Lake Champlain’s watershed? Established by the band Phish, WaterWheel Foundation donates royalties from the sale of Phish Food towards Conservation Law Foundation’s Lake Champlain Lakekeeper program. Over the past five years, WaterWheel has provided about $500,000 to Lakekeeper through their Lake Champlain Initiative.
Keeper Springs
In 1998 Robert F. Kennedy, Jr., Chris Bartle and John Hoving created a bottled water company that not only sells high-quality, refreshing water but also benefits the environment by donating all of its profits to clean water organizations. Keeper Springs is bottled in Randolph, Vermont from true sustainable springs; you can buy Keeper Springs in supermarkets throughout the New York Metro area and parts of New England.
Russian Riverkeeper Coffee
Within shouting distance of the Russian River, Sunshine Organic Coffee Roasters brews the best coffee in Sonoma County, California. The special Russian Riverkeeper Blend is a dark, full-bodied French Roast. It is shade grown, fair trade and organic, a socially responsible coffee on every front! Stop by Roaster Coffee Shop in Forestville, CA or buy some on their website at www.sunshinecoffeeroasters.com. A quarter of the royalties are donated to Russian Riverkeeper.
Chesapeake Waterkeepers
The Maryland League of Conservation Voters honored the state’s 10 Waterkeepers at its annual event on Tuesday, November 29. The John V. Kabler Memorial Award, one of the highest honors in the Maryland environmental community, recognizes outstanding leadership and commitment.
The Maryland Waterkeepers are Anacostia Riverkeeper, Assateague Coastkeeper, Chester Riverkeeper, Patapsco Riverkeeper, Lower Susquehanna Riverkeeper, Patuxent Riverkeeper, Potomac Riverkeeper, Severn Riverkeeper, South Riverkeeper and the West/Rhode Riverkeeper. Steve Fleischli, Executive Director of Waterkeeper Alliance, was on hand to accept the award on behalf of the Chesapeake Waterkeepers.
In addition, Maryland gubernatorial candidates Douglas Duncan and Martin O’Malley addressed critical environmental issues facing the state before 250 conservationists at the award event. Maryland Governor Robert Ehrlich was invited to attend but declined.
After being sued in federal court by St. Johns Riverkeeper and the Clean Water Network of Florida, U.S. EPA has reversed its approval of a state rule that would legalize excessive amounts of pollution in the river.
In July, the Mid-Atlantic Environmental Law Center filed a motion for summary judgment in a lawsuit against EPA on behalf of the plaintiffs. The suit alleged EPA had approved a plan for Florida’s St. Johns River that would not resolve pollution problems that have plagued the river for years. EPA sought permission from the court to allow them to reconsider their earlier approval of the state’s plan.
EPA determined that their initial approval of the pollution reduction plan developed by the Florida Department of Environmental Protection was a mistake and that Florida’s plan for correcting low dissolved oxygen levels and reducing nutrient loads in the St. Johns would not adequately protect the health of the river.
In recent months, the St. Johns River has suffered from unprecedented amounts of toxic algae and low dissolved oxygen that has caused fish kills, resulting in a health alert that warned against human contact with the river.
“We made a promise two years ago to fight for meaningful nutrient reduction in the St. Johns River, and thanks to this ruling, we have been able to fulfill our commitment to the community and our river,” says Neil Armingeon, St. Johns Riverkeeper.
New Blue Movement Guide
The Ocean and Coastal Conservation Guide is a new comprehensive
reference guide to the growing “Blue Movement” – thousands of groups,
including many Waterkeepers, combating threats to America’s oceans
and coasts. The guide details more than 2,000 organizations and institutions
with state-by-state listings of groups, relevant government agencies, academic
marine and science programs, and marine and coastal parks.
The Ocean and Coastal Conservation Guide is a vital new resource for anyone
interested in the growing community of people working to protect and restore
our coastal lands and waters. Editor David Helvarg is a journalist turned
activist and founder of the Blue Frontier Campaign, a broad-based effort
to educate and mobilize people around a common vision of healthy, bountiful
seas. You can find the guide at www.bluefront.org.
On Friday, November 25, 2005, Neuse Air Force pilot Ron Smith and a member of his family lifted off on a pleasure flight from the New Bern airfield in the ultralight floatplane that was featured in the fall issue of Waterkeeper. Conditions were good and Ron easily piloted Quicksilver to about 1,000 feet.
The first sign of trouble came as Ron observed that the engine was slightly overheating. A simple adjustment to the cooling system would easily fix the problem and the safest way to handle it was to land the aircraft.
Within minutes, Ron landed the plane on the Neuse River. The plane was about 300 yards offshore in water approximately 8 feet deep. Then, according to Ron, “All hell broke loose. As I stepped out on the pontoon to adjust my cooling intake, there was a mild chop on the River. I had the aircraft’s nose aligned towards the waves. As I moved towards the back of the plane, a gust of wind, interacting with the waves and my movement all came together to cause the plane’s tail to touch the water. As the water gripped the tail, the plane’s nose went straight up exposing the underside of the wings to the full force of the wind. That flipped the plane, and passengers, into the water. Thankfully, our situation was observed by a couple on the shore and a rescue team had us out of the water in about 20 minutes.”
The next day, the plane was extracted from the River and moved to the beach of a fellow Neuse River pilot, Phil Bowie. Now, you would think that this situation would have an expensive ending. Not so! On Saturday, a complete inspection of the plane revealed only minor damage. On Sunday, the engine was fired up and ran without problem for two hours. Ron, with a broad smile on his face, said: “I’ll have her flying by Friday, you watch.”
On October 24, 2005, Waterkeeper Alliance delivered 55,000 petitions to U.S. EPA headquarters in Washington, D.C. demanding that the agency protect American communities, waterways and health from industrial livestock facilities. Over the past five years, Waterkeeper Alliance has forged a nationwide campaign to end the enormous adverse water quality impacts associated with Concentrated Animal Feed Operations (CAFOs). Earlier this year Waterkeeper Alliance successfully compelled EPA to improve public participation, ensure CAFO operator transparency and accountability and develop meaningful measures to control pathogen discharges from CAFOs. Still discouraged by the agency’s unwillingness to examine proven alternative technologies for reducing or eliminating dangerous pollutants, the petitions are an expression of outrage over EPA’s efforts to accommodate the CAFO industry’s worst practices.
$300K Fine For Great Lakes Spill
Michigan-based Doug Martz, St. Clair Channelkeeper,
was instrumental in holding Imperial Oil Limited, one of Canada’s
largest petroleum conglomerates, accountable for an illegal spill in
the St. Clair River. Imperial Oil Limited was fined $300,000 for discharging
toxic solvents into the St. Clair from their refinery in Sarnia, Ontario,
in violation of the Canadian Fisheries Act.
Industrial spills into waterways around the Canadian and U.S. border have
been escalating since 1997. Between 2002 and 2003 alone, the environmental
advocacy group Sierra Legal documented more than 2,000 water pollution
violations and 102 legal spills in the province of Ontario.
So, in 2004 when Doug Martz heard from Donna Day, a member of the Walpole
Island First Nation, that another major spill had occurred, he acted. Doug
immediately sent a letter to Imperial Oil Limited requesting that meaningful
action be taken to protect the health of the citizens of Canada, U.S. and
the Walpole Island First Nation.
The Investigation and Enforcement Branch of Canada’s Ministry of
the Environment concluded that 85,700 kilograms (almost 100 tons) of ketones
(a toxic family of industrial chemicals that includes acetone) had been
discharged into the St. Clair River. Imperial Oil Limited was found guilty
of violating the Canadian Fisheries Act. Under Canada’s law the
spilling of any substance found toxic to fish is considered illegal,
whether or not the spill results in fish kills.
Lake Ontario Waterkeeper Mark Matteson notes, “This case testifies
to the strength of the Waterkeeper movement, because it demonstrates how
American Waterkeepers can work with Canadian Waterkeepers and use Canadian
laws to protect their waterways. We’re not bound to a set of boundaries
like our government agencies.”
NAFTA Secretariat recommends investigation of U.S. mercury emissions
Complaint links power plant emissions with widespread mercury contamination
For only the second time in its 11-year history,
the NAFTA Commission for Environmental Cooperation announced on December
13 that it intends to launch an investigation into the U.S. government’s
failure to enforce its environmental laws. Following a complaint submitted
by a coalition of Canadian and American environmental groups late last
year, the C.E.C. Secretariat formally recommended that an investigation
be launched into allegations that the U.S. government is failing to
uphold provisions of the Clean Water Act concerning emissions of mercury
from coal-fired power plants, and thus is in violation of both United
States and international law.
Canada’s Sierra Legal Defence Fund and Waterkeeper Alliance filed the
complaint with the C.E.C., demanding an investigation into the dramatic increase
in mercury contamination of thousands of lakes and rivers across the U.S.
in the past decade, including shared waterbodies like the Great Lakes. The
groups allege that the U.S. Environmental Protection Agency’s failure
to enforce provisions of the Clean Water Act has led to degradation of
these water bodies and caused widespread fish consumption restrictions.
“Under President Bush, EPA has become simply a taxpayer funded industry
lobbyist group, working hard everyday to strip environmental protections
from the American people,” said Scott Edwards, Legal Director of Waterkeeper
Alliance. “The C.E.C. Secretariat’s decision is a welcome
step towards ensuring that the U.S. government acts to protect the health
of our waterways and at-risk mothers and children in the U.S. and Canada.”
After mercury is released into the air by coal-fired power plants, it
finds its way into lakes, rivers and coastal waters where it is converted
to methylmercury, its most toxic form. Mercury has been linked to neurological
damage in children and may contribute to heart disease and autoimmune
deficiencies in adults. Pregnant women and their fetuses are particularly
vulnerable. A recent EPA analysis estimated that one in six women of
childbearing age has mercury levels in her blood — high enough
to put over half a million babies at risk.
“U.S. coal-fired power plants are the largest source of mercury emissions
in North America, spewing 48 tons each year,” said Dr. Elaine MacDonald
with Sierra Legal in Toronto. “And the C.E.C.’s investigation
will highlight the connection between mercury emissions from power plants
and the thousands of mercury contaminated water bodies.”
Recently, the EPA enacted a regulation that places minimal restrictions
on power plant mercury emissions at the expense of public health and
in violation of the Clean Air Act. Several environmental groups, including
Waterkeeper Alliance, are currently challenging EPA’s illegal actions
in a U.S. federal court. In the past decade, the number of U.S. states
issuing warnings against eating fish because of mercury poisoning jumped
from 27 to 45. One third of all U.S. lakes and hundreds of thousands
of river miles are affected by these advisories today.
The C.E.C. was formed under a side agreement to NAFTA and acts as a watchdog
to ensure that each of the member countries enforces its environmental
laws. The C.E.C. Council, composed of the Environment Ministers of Canada,
U.S. and Mexico, must now decide if it will accept the Secretariat’s
recommendation for an investigation.
The coalition of petitioners includes: Friends of the Earth Canada, Friends
of the Earth-U.S., Earthroots, Centre for Environmentally Sustainable
Development, Great Lakes United, Pollution Probe, Waterkeeper Alliance
and Sierra Club (U.S. and Canada).