How Guilty Should You Feel About Flying? NY Times

This helps clarify things. The status quo is unacceptable.

Our climate just can’t tolerate widespread frequent flying,” said Dan Rutherford, who directs the council’s aviation program. “At some level we need to figure out, collectively, which flights are necessary, and which are luxuries.”

www.nytimes.com/interactive/2019/10/17/climate/flying-shame-emissions.html

Judge tosses federal permit for Washington shellfish industry, saying it doesn’t do enough to protect environment – Seattle Times

Another perspective on the ruling from last week.

https://www.seattletimes.com/seattle-news/environment/judge-throws-out-federal-permit-for-washington-shellfish-industry-cites-lack-of-full-environmental-review/?utm_source=referral&utm_medium=mobile-app&utm_campaign=ios

Plaintiffs comment on the lawsuit against Army Corp of Engineers & Taylor Shellfish

From the plaintiffs in the lawsuit against the Army Corps and Taylor Shellfish.

FOR IMMEDIATE RELEASE–October 15, 2019

CONTACT: Laura Hendricks  (253) 509-4987

Maradel Gale (206) 842-5133

The Coalition To Protect Puget Sound Habitat (Coalition) and Center For Food Safety welcomes the following attached Federal decision: “The Corps’ issuance of a nationwide permit, at least with respect to activities in the waters of the State of Washington, was arbitrary and capricious and not in accordance with NEPA or the CWA. Pursuant to 5 U.S.C. § 706(2), the Court holds unlawful and sets aside NWP 48 insofar as it authorizes activities in Washington.”

For over two decades, citizens have been ignored by Washington State Agencies and most Counties as shellfish aquaculture lobbying paved the way for the unlimited proliferation of this  industrial conversion of our shorelines. Judge Lasnik stated “The Court finds that the Corps has failed to adequately consider the impacts of commercial shellfish aquaculture activities authorized by NWP 48, that its conclusory findings of minimal individual and cumulative impacts are not supported by substantial evidence in the record, and that its EA does not satisfy the requirements of NEPA and the governing regulations.”

While citizens have been pointing out the limited scientific findings that the Corps and the shellfish industry have used to gain permitting, the Judge noted: “There is no discussion of the impacts on other types of aquatic vegetation, on the benthic community, on fish, on birds, on water quality/chemistry/structures, or on substrate characteristics. There is no discussion of the subtidal zone. There is no discussion regarding the impacts of plastic use in shellfish aquaculture and only a passing reference to a possible side effect of pesticide use.”

As the decision reinforces:”In this case, the Corps acknowledged that reissuance of NWP 48 would have foreseeable environmental impacts on the biotic and abiotic components of coastal waters, the intertidal and subtidal habitats of fish, eelgass, and birds, the marine substrate, the balance between native and non-native species, pollution, and water quality, chemistry, and structure, but failed to describe, much less quantify, these consequences.”

Laura Hendricks, the Director of the Coalition “hopes that Judge Lasnik will choose a remedy  for the Corps permitting that will finally focus on the unlimited aquaculture expansion adverse impacts that threatens the very existence of our marine life and Washington State iconic species that we all treasure.”

 

 

Yakama, Lummi tribal leaders call for removal of three lower Columbia River dams | The Seattle Times

If the governor thought he had problems with the issue of removing the Snake river dams, now an even bigger problem looms.We conveniently forget that the people that were living here 70 or so years ago decided to destroy the most productive salmon fishing spot in all of North America. But the people whose mothers and fathers fished that spot have not forgotten.

There is a very important quote in this article,read it and let it sink in.This is the cost we were not even asked to choose from when the dams were built.

Jay Julius, chairman of the Lummi Nation, and JoDe Goudy, chairman of the Yakama Nation, gathered — on Indigenous Peoples Day — at Celilo Village, all that is left of the fishing and cultural center at Celilo Falls, the most productive salmon fishery in the world for some 11,000 years. The falls were drowned beneath the reservoir of The Dalles Dam in 1957 .(emphasis mine)

While calls for removal of the four dams on the Lower Snake River have been heard for decades, the demand to knock out some of the region’s larger main-stem dams…
— Read on www.seattletimes.com/seattle-news/environment/yakama-lummi-tribal-leaders-call-for-removal-of-three-lower-columbia-river-dams/

Tarboo Ridge Coalition asks county to open process on Fort Discovery

The Tarboo Ridge Coalition, in a letter signed by Peter Newland, their legal and government affairs chairman, has asked the Jefferson County Commissioners to end it’s mediation agreement with the Fort Discovery Corporation and open all documents related to it’s previous negotiations.

It is clear at this point, with the determination of the Growth Management Board that the County ordinance that was the outcome of this secret negotiations was a failure on behalf of the Commissioners, that something must change. While they may have gone along with their legal guidance in doing this, it’s time to call it what it is and take a different tactic. The county, instead of simply assuming that Fort Discovery would sue, forced the citizens of this county who are fighting the proposal, Tarboo Ridge, to sue. This contributed to an appearance of favoring the proposal by Fort Discovery, who, as the letter below states, “The fact that the corporation is continuing its practice of building without permits while the County fails to restrain the illegal construction or issue stop work orders works an impossible hardship on the public’s trust and confidence in the fairness of its government.”

I have included the letter in it’s entirety below. The Olympic Peninsula Environmental News supports the ideas conveyed in this letter. It’s time to change tactics at the Commissioners meetings, and accept that there is no easy way out of this mess. Stop putting the opponents of this project at a disadvantage. It won’t help resolve this. The goals of this corporation appear to be at odds with the goals of the County  and the majority of it’s citizens, given the actions that have taken place.  Hard decisions must be made, regardless of the consequences.

 


October 8, 2019

Jefferson County Board of Commissioners The Honorable Kate Dean, Chair

RE: Preparations to comply with GMHB Final Decision and Order Dear Commissioners,

On January 16, 2018, prior to any hearings or officially adopting a moratorium on shooting range permit applications, the BoCC entered into a mediation agreement with Fort Discovery Inc., ostensibly to discuss how the moratorium might affect the corporation’s nascent concept to build a shooting compound near Tarboo Lake.

As Jefferson County prepares to draft a new shooting range ordinance, TRC respectively requests that the BoCC terminate Jefferson County’s mediation agreement with Fort Discovery Corporation and release all the documents and records related to it.

You’ll recall that, as allowed by law, TRC asked to observe but not participate in, the mediation. Our request was summarily denied and thus began 20 months of secret discussions between Fort Discovery officials, the county Deputy Civil Prosecutor, and occasionally other county representatives. In nearly two years of mediation meetings the parties have yet to appear before the mediator.

Numerous meetings between the parties were held behind closed doors throughout 2018 while the (now invalid) ordinances were being written and while the BoCC was holding public hearings and receiving testimony. Public Records Requests for minutes and other records of those private meetings have yielded hundreds of pages of documents, nearly all with redactions-many pages are almost totally blacked out. The County claims the documents are the work product of ”preparing for mediation” and thus eligible to be shielded from public review.

However well-meaning the County’s intentions were, the goal of avoiding litigation was not successful and the secret meetings have tainted the process with the stigma of favoritism.

The stigma is exacerbated by Fort Discovery’s history with Jefferson County. The fact that the corporation is continuing its practice of building without permits while the County fails to restrain the illegal construction or issue stop work orders works an impossible hardship on the public’s trust and confidence in the fairness of its government.

As we begin anew, the public interest is best served by a full understanding of the facts. Closed­ door meetings with Fort Discovery officials should not be allowed to taint the redrafting of Title 8 and 18. The GMHB has given our community a second chance. We urge the BoCC to clear the air and start the redrafting process on an open, trustworthy, positive path.

Federal judge rules Army Corps aquaculture permit is unlawful in Washington State.

In a surprise ruling with wide ranging consequences, a federal judge has ruled that the Army Corp of Engineers issuance of Nationwide Permits in the lower 48 (NWP48) authorizing commercial shellfish aquaculture is illegal. The suit, brought by The Coalition to Protect Puget Sound Habitat, a group that has been fighting large-scale shellfish aquaculture for years, and joined by the Swinomish Tribe, was focused against the Army Corp and Taylor Shellfish, along with the industry group, The Pacific Coast Shellfish Growers Association.

The plaintiffs argued that the Corps failed to comply with the Clean Water Act (“CWA”), the National Environmental Policy Act (“NEPA”), and the Endangered Species Act (“ESA”) when it reissued NWP 48 in 2017. They requested that the decision to adopt NWP 48 in Washington be overturned and that the Corps be required to comply with the environmental statutes before issuing any new permits  for commercial shellfish aquaculture in this State.

The court found in it’s blistering conclusions, “…that the Corps has failed to adequately consider the impacts of commercial shellfish aquaculture activities authorized by NWP 48, that its conclusory findings of minimal individual and cumulative impacts are not supported by substantial evidence in the record, and that its EA does not satisfy the requirements of NEPA and the governing regulations…the Court holds unlawful and sets aside NWP 48 insofar as it authorizes activities in Washington.” (emphasis mine)

Going beyond just the issue of the environmental consequences the judge stated that “The federal defendants state that additional …remedy should be permitted once the seriousness of the agency’s error is determined. The intervenors (the Corps and Taylor Shellfish) assert that (throwing out the permits and the Corps previous rulings) would cause disruption in the Washington shellfish farms and industry, including significant impacts to employees and the communities in which they live.Neither tact is compelling. The substantive defects in the agency’s analysis when adopting the 2017 NWP are significant.” (emphasis mine)

The case centers around whether or not the large scale conversion of natural shorelines to commercial aquaculture, happening now all around lower Puget Sound and in the Strait of Juan de Fuca, is more than “minimal” damage to the environment. Siting case law in relevant lawsuits in the Yellowstone Park area, the environmental group managed to persuade the judge that the Army was allowing something much more than minimal damage.

As stated by the plaintiffs, “Federal agencies are required to do an environmental assessment (“EA”) of their proposed action, providing a brief discussion of the
anticipated environmental impacts and enough evidence and analysis to justify a no-significant impact determination.  If the agency, after conducting an EA, is unable to
state that the proposed action “will not have a significant effect on the human environment,” a more detailed and comprehensive environmental impact statement (“EIS”) must be prepared. They also argued that the case law stated that if the Corps’ ruling was found to be “arbitrary, capricious, an abuse of discretion” and lacking in a scientific basis, that it must be thrown out.

The court found that , “… there is insufficient evidence in the record to
support the agency’s conclusion that the re-issuance of NWP 48 in 2017 would have minimal individual and cumulative adverse impacts on the aquatic environment for purposes of the CWA and that the Corps’ environmental assessment does not satisfy NEPA’s requirements.”

They judge then went on to point out that “the Corps acknowledges that commercial shellfish aquaculture activities can have adverse environmental impacts…marine debris is a serious impact on the marine environment…and that commercial shellfish aquaculture activities can result in conversion of substrates (e.g. mudflats to gravel bars), impacts to submerged aquatic vegetation, alteration in aquatic communities from native to non-native shellfish species, and water quality impacts from harvest activities.”

Given those findings, the judge went on to say, “Ignoring or diluting site specific,
individual impacts by focusing solely on a cumulative, landscape-scale analysis is not
consistent with the governing regulations.”

The scientific documents that the Corps presented as justification for it’s actions came under blistering criticism from the judge. “According to the Corps’ own summary of the paper, the authors evaluated only the effects of oyster aquaculture activities on submerged aquatic vegetation. The paper itself shows that Dumbauld and McCoy (a supposed scientific study that the Corps and Taylor were using) were studying the effects of intertidal oyster aquaculture on the seagrass Zostera marina. There is no discussion of the impacts on other types of aquatic vegetation, on the benthic community, on fish, on birds, on water quality/chemistry/structures, or on substrate characteristics. There is no discussion of the subtidal zone. There is no discussion regarding the impacts of plastic use in shellfish aquaculture and only a passing reference to a possible side effect of pesticide use. The Corps itself does not remedy these deficiencies: although it identifies various resources that will be adversely impacted by issuance of the national permit (along with resources that may benefit from shellfish production), it makes virtually no effort to characterize the nature or degree of those impacts. The Decision Document’s “Impact Analysis” consists of little more than an assurance that district engineers will consider the direct and indirect effects caused by the permitted activity on a regional or case-by-case basis.”

The judge went on to say, “In this case, the Corps acknowledged that reissuance of NWP 48 would have foreseeable environmental impacts on the biotic and abiotic components of coastal waters, the intertidal and subtidal habitats of fish, eelgass, and birds, the marine substrate, the balance between native and non-native species, pollution, and water quality, chemistry, and structure, but failed to describe, much less quantify, these.  The Corps cites the two Dumbauld papers for general statements regarding the positive or negative effects of shellfish aquaculture on certain aquatic resources or characteristics (focusing on seagrass), but it makes no attempt to quantify the effects or to support its conclusion that the effects are no more than minimal.”(emphasis mine).

As reported on some months ago in this blog, a draft cumulative impact statement, which only surfaced due to a discovery in this case,  “…generated in February 2017 dedicated twenty-five pages to discussing the wide range of work and activities covered by NWP 48 and noting the species dependent variability in cultivation techniques, gear, and timing. These variations gave rise to a wide array of effects on the aquatic habitat, none of which is acknowledged or evaluated in the national Decision Document.” (emphasis is mine).

The judge goes on, in plain language, “A reasonable mind reviewing the record as a whole would not accept Dumbauld and McCoy’s limited findings regarding the
landscape-level impact of oyster cultivation on a species of seagrass in the intertidal zone as support for the conclusion that entire ecosystems are resilient to the disturbances caused by shellfish aquaculture or that the impacts of those operations were either individually or cumulatively minimal.” The judge sites decisions back in coal country where the cumulative impacts of mountain top removal are similar and long lasting. “The governing regulations expressly impose upon the Corps the obligation to consider the ongoing effects of past actions when conducting a cumulative impacts analysis.”

The “NEPA and the CWA were enacted because humans were adversely affecting the environment to a noticeable and detrimental extent…Noting that a particular environmental resource is degraded is not an excuse or justification for further degradation. The Corps must analyze the individual and cumulative impacts of the proposed activity against the environmental baseline, not as a percentage of the decades or centuries of degrading activities that came before.

As to the use of pesticides by the industry, the judge has additional harsh criticism,”The Corps makes a similarly untenable argument whenever the use of pesticides in a
shellfish operation permitted under NWP 48 is discussed. While acknowledging that these substances are used and released into the environment during permitted activities, the Corps declines to consider the environmental impacts of pesticides because they are regulated by some other entity… Even if the Corps does not have jurisdiction to permit or prohibit the use of pesticides, it is obligated to consider “other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions.” The Corps’ decision to ignore the
foreseeable uses and impacts of pesticides in the activities it permitted on a nationwide basis does not comport with the mandate of NEPA or with its obligations under the CWA. Having eschewed any attempt to describe the uses of pesticides in commercial shellfish aquaculture or to analyze their likely environmental impacts, the decision to permit such activities through NWP 48 cannot stand.” (emphasis mine)

“The record is devoid of any indication that the Corps considered regional data,
catalogued the species in and characteristics of the aquatic environments in which commercial shellfish aquaculture activities occur, considered the myriad techniques, equipment, and materials used in shellfish aquaculture, attempted to quantify the impacts the permitted activity would likely have on the identified species and characteristics, or evaluated the impacts of the as-yet-unknown regional conditions…Faced with incredible diversity in both the environment and the activities permitted under NWP 48, the Corps effectively threw up its hands and turned the impact analyses over to the district engineers.”

In looking at the problem of plastic pollution in aquaculture the judge was additionally critical.”The Corps’ analysis with regards to plastic debris discharged into the marine environment is even more problematic. The Corps acknowledges the many public comments raising concerns about the introduction of plastics into the marine food web, but relies on the fact that “[d]ivision engineers can impose regional conditions to address the use of plastics” in response to these concerns. The Seattle District, for its part, declined to quantify the impact of plastics, instead noting that “it would not be a practicable solution to regionally condition NWP 48 to not allow the use of PVC and HDPE gear as there are no current practicable alternatives to use of the materials…The CWA requires the Corps to make minimal adverse effect findings before issuing a general permit. If, as appears to be the case with regards to the discharge of plastics from the permitted operations, the Corps is unable to make such a finding, a general permit cannot (be) issue(d). The Corps has essentially acknowledged that it needs to individually evaluate the impacts of a particular operation, including the species grown,
the cultivation techniques/gear used, and the specific location, before it can determine the extent of the impacts the operation will have.”

The decision is not trivial. It rips apart industry arguments made over the last decade that eelgrass recovery in aquaculture farms is a minor issue. The aquaculture industry and Taylor Shellfish in particular has put itself at the head of county agencies supposedly in the business to protect the nearshore from harm and then used these faulty scientific studies to promote their position.  The Jefferson County Marine Resources Committee, which claims on it’s web page to have the mission, “to protect and restore the marine environments of East Jefferson County by raising community awareness of issues…” has been chaired by an aquaculture industry spokesperson who routinely has used these same discredited arguments to suppress any discussion of negative impacts on the nearshore the MRC claims to protect.  The Committee has meekly gone along with the bullying tactics of the Taylor representative at public meetings, unwilling to push back on what the spokesperson has claimed to be ‘scientific  studies’.  The Committee in fact sponsored a ‘aquaculture educational day” to promote these same, now discredited scientific studies, offering no substantial criticism to the statements of the industry. The lack of any counter balance to the industry’s PR blitz angered many in the environmental community on the Olympic Peninsula toward this committee that had a long history of standing to protect the nearshore. The decision to not include substantial criticism of the industry led the long time environmental representative on the committee to resign.

The outcome of this case is unclear at the time of this writing. However, it will likely have a substantial effect on future shellfish farm permits, and may force the closure of some larger farms that were recently permitted, until such time as adequate scientific study on their effects is done. The ruling ends with the judge throwing out the Army’s ability to issue permits in Washington. However, the judge does say to Taylor and others that they can apply for individual permits. The Court has the ability to allow a “period of time in which growers can avail themselves of the process before the existing permits would be invalidated or to fashion some other equitable remedy to minimize both the risks of environmental harm  and any disruptive consequences.” So there is some wiggle room for the growers to get some activities going to mitigate the effects of this ruling.

This case also fully vindicates the environmentalists’ concerns over the ever expanding industry, it’s conversion of pristine shorelines to monoculture farming and the allies of this industry in city, county and state government. The industry is not down and out yet. It’s worth noting that Taylor has apparently spent tens of thousands of dollars lobbying back in Washington D.C. and is likely to support Republican efforts to roll back the Clean Water Act to eliminate the local nature of permitting to favor national ones. Given this ruling, that likely is a losing tactic.

This blog will continue to follow this breaking story with further updates as we receive them.

 

 

 

 

 

 

Revealed: Google made large contributions to climate change deniers | Environment | The Guardian

It is clear, that it is time to put significant pressure on Google to end this backing of radical rightwing anti-science think tanks. Please use Duck Duck Go, Bing or any of the other search engines out there. Deny Google it’s revenues that it is making from you. Switch away from Chrome, uninstall it from your machines, and use any of a dozen good browsers out there. I recommend Firefox, though there are times when it has a few minor incompatibilities. Microsoft’s new Edge browser is now pretty mature, and there are many others.

Additionally, switch out of Google Docs and use any of a variety of good third party freeware for your word processing and spreadsheet needs.

Move to either OneDrive from Microsoft or Dropbox. I use both and find One Drive to be extremely useful especially on Windows computers.

Please, Google is out of control and needs reigning in by the people who fuel it’s money machine.

Firm’s public calls for climate action contrast with backing for conservative thinktanks
— Read on www.theguardian.com/environment/2019/oct/11/google-contributions-climate-change-deniers

%d bloggers like this: