Environmental Protection | Olympic Peninsula Environmental News

Public meeting set for carbon sequestration program -PDN

Posted on November 14, 2022 by Al Bergstein

This is behind a paywall.
Jefferson County commissioners have questions about how inclusion in a proposed state carbon sequestration program would affect beneficiaries of state trust lands, among other concerns.

A public meeting is planned from 5 p.m. to 7 p.m. Nov. 30 to allow county commissioners gather more information about the potential impacts of the program. It will be conducted at Jefferson County Library, 620 Cedar Ave., Port Hadlock. Peter Segall reports. (Peninsula Daily News)

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Congress Authorizes PFAS Testing at Military Facilities Throughout US -Whidbey Naval Base Included- MartenLaw.com

Posted on January 5, 2022 by Al Bergstein

This has been an known ongoing issue with the Navy base, poisoning water supplies on Whidbey Island. The $500 million should help identify where this is happening and what can be done about it. The hidden costs of our “sound of freedom” as some promoters of the base would like to call it, creates poisoned ecosystems, ear splitting noise even inside insulated classrooms for children, and many other costs. Another sound of freedom is also the roll call in Congress to fund this activity.

By Jonah Brown

The National Defense Authorization Act for Fiscal Year 2022 (“FY22 NDAA”),
signed by the President on December 27, 2021, directs the Department of
Defense (“DoD”) to test for per- and polyfluoroalkyl substances (also
known as “PFAS”) at military sites throughout the country. A map of
formerly used defense sites can be found here: Former Sites
https://www.usace.army.mil/Missions/Environmental/Formerly-Used-Defense-Sites/FUDS-GIS/.
A map of current military installations can be found here: Active Sites
https://militarybases.com/. DoD must begin its assessment with a report to
Congress on the status of 50 priority current and former sites within 60 days
of the effective date, meaning the end of February. A map showing the
locations of these sites can be viewed at the end of this article.

Groundwater contamination from use of PFAS-containing aqueous film-forming
foam (“AFFF”) has already been discovered at hundreds of current and
former DoD facilities, including military airports, National Guard bases, and
installations controlled by the Army, Navy, Air Force, and Marine Corps. The
FY22 NDAA provides $500 million in funding to DoD to fulfill Congress’
direction to test for PFAS.
Read More
https://www.martenlaw.com/news-and-insights/congress-authorizes-pfas-testing-at-military-facilities-throughout-us

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Groups Again Sue Army Corps to Protect Washington’s Coastal Areas and Endangered Species from Industrial Shellfish Operations

Posted on December 20, 2021 by Al Bergstein

Back to the battle lines in the courthouse to make the Army Corps. of Engineers live up to the law. They were found guilty of not doing diligence in the last year, and yet they reissued the same permits in the last days of the Trump administration with no changes by sending out “Letters of Permission” to get around the ruling. A truly cynical move. What can you do about this? Donate to either CFS or the Coalition to Protect Puget Sound Habitat. From the press release today:

SEATTLE—Today, Center for Food Safety (CFS) and Coalition to Protect Puget Sound Habitat filed a lawsuit in federal court to stop the U.S. Army Corps of Engineers (Corps) from continuing the excessive expansion of industrial shellfish operations without considering the cumulative impacts to Washington’s rich and diverse coastal waters. Industrial shellfish operations adversely affect Washington’s shorelines and estuaries by destroying critical habitat for numerous species, including endangered and threatened salmon and killer whales. These operations harm Washington’s aquatic and nearshore areas by increasing plastic netting and debris, micro-plastics, pesticides, and disturbances in the environment.

“Despite clear statutory mandates and a previous court decision requiring the government to fully consider the potential impacts of proposed shellfish operations, the Corps continues to ignore its duties by allowing industrial shellfish operations to degrade important aquatic habitats, including through the use of plastics and pesticides, endangering Washington’s shorelines, biodiversity, and surrounding communities,” said Amy van Saun, senior attorney at CFS.

In the complaint filed today in the U.S. District Court for the Western District of Washington, plaintiffs argue that the nationwide permit (NWP 48 of 2021) authorizing commercial shellfish operations in Washington violates several federal environmental protection laws, including the Clean Water Act (CWA), National Environmental Policy Act (NEPA), Endangered Species Act, and Administrative Procedure Act. The complaint also challenges the Corps’ unlawful use of “Letters of Permission” (LOP) to approve industrial shellfish operations without public notice or comment and without considering their overall cumulative impacts.

The new lawsuit comes on the heels of a previous lawsuit against the Corps, where CFS and allies successfully sued the Trump administration for issuing a similar nationwide permit (NWP 48 of 2017). The court found the previous 2017 permit unlawful under CWA and NEPA, stating that the Corps had failed to adequately consider the impacts on Washington’s shorelines and wildlife habitat, including the cumulative effects of expanding or continuing operations in sensitive areas. In a victory for plaintiffs, the Ninth Circuit Court of Appeals subsequently affirmed the lower court’s decision.

In January 2021, during the last few days of the Trump administration, the Corps finalized the new nationwide permit for commercial shellfish aquaculture activities. In rushing to issue the permit, the Corps ignored comments from plaintiffs and stakeholders urging the agency to fix problems with its impact analysis before issuing the new permit. For example, neither the 2017 permit nor the 2021 reissuance include any restrictions on pesticide or plastic use. Much like the unlawful 2017 permit, the 2021 permit authorizes commercial shellfish aquaculture activities in Washington without full consideration of the potential adverse effects to aquatic ecosystems and wildlife, prompting CFS and allies to launch another lawsuit to vacate the permit.

“The Coalition is outraged that the Corps would try to avoid doing what is necessary as a bare minimum under the law to protect orcas, salmon, and marine life in Washington from the toxic and physical impacts of the massive number of industrial-scale aquaculture operations that have been proposed,” said Laura Hendricks, director of the Coalition to Protect Puget Sound Habitat. “This is precisely the sort of agency action that gives ‘government’ a bad name.”

The Corps has already relied on the 2021 NWP 48 to approve thousands of acres of industrial shellfish activities in Washington’s coastal areas, and the LOPs to approve thousands more without public input. Many of the acres authorized for shellfish aquaculture are located near critical spawning, breeding, and feeding habitats for forage fish, threatened and endangered species of salmon and green sturgeon, birds, whales, and other wildlife species. Additionally, operations authorized under the new permit destroy eelgrass and other aquatic plants that provide habitat to wildlife and other essential ecosystem services, such as carbon sequestration, sediment stabilization, and nutrient balancing, which help mitigate the effects of climate change.

The plaintiffs in the lawsuit are CFS and Coalition to Protect Puget Sound. CFS is represented by counsel from CFS and Coalition to Protect Puget Sound is represented by the Law Office of Karl G. Anuta and Law Office of Mike Sargetakis.

Filed under: Aquaculture, Around the Sound, Environmental Law, Government, legislation | Tagged: Army Corps of Engineers, CFS, Environmental Protection, Puget Sound | Comments Off on Groups Again Sue Army Corps to Protect Washington’s Coastal Areas and Endangered Species from Industrial Shellfish Operations

Jolene Unsoeld dead at 89 – Post Alley

Posted on December 2, 2021 by Al Bergstein

A Tribute to Congresswoman Jolene Unsoeld, Dead at 89, and her ‘Life of Wild Adventure’ by Joel Connely

One of the true heros for many. She stood for her principles. Something most politicians on the left seem unwilling to do anymore. We live in a world that attempts to placate everyone, while the environment dies and the homeless fill our streets and parks. Thank you Jolene for all you did and all you stood for in a full life.

Former U.S. Rep. Jolene Unsoeld, who died at home Monday at the age of 89, was an individual of boundless energy and enthusiasm. My visual image, from covering her, was of Unsoeld running down the halls in Congress, usually late for a meeting, with a big bag of working papers slung over her shoulder. A poster in the Unsoeld Olympia home summed up a life forever on the move: “A ship in a harbor is safe. But that’s not what ships are for.”
Post Alley

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Company drops plan for $2.3B methanol plant in southwest Washington – AP

Posted on June 14, 2021 by Al Bergstein

Thanks to those who stood up, used lawsuits and pressure on our legislators to end this debacle. If we are going to get to a clean energy future, we need to end the continued expansion of products and jobs that rely on them. Then there were the possible effects of shipping disasters. We are going to end up paying for this choice in higher costs of plastics we continue to use, but there is no free lunch.

A company backed by the Chinese government on Friday ended its seven-year effort to build one of the world’s largest methanol plants along the Columbia River in southwestern Washington, following a series of regulatory setbacks and a long debate over its environmental footprint. Northwest Innovation Works proposed a $2.3 billion project to take fracked natural gas from Canada and convert it into methanol, which it would then ship to China to make ingredients for plastics used in everything from iPhones to clothing to medical devices. The state Department of Ecology denied a key permit for the project in January, saying it would create too much pollution and have negative effects on the shoreline. On Friday, the company notified the Port of Kalama it was terminating its lease, saying the regulatory environment had become “unclear and unpredictable.” Gene Johnson reports. (Associated Press)

https://www.knkx.org/post/company-drops-plan-23b-methanol-plant-southwest-washington

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Conservationists sue to save spotted owl logging protections -AP

Posted on March 25, 2021 by Al Bergstein

So we are back in court again. The never ending battle by the timber industry to cut the last of the old growth on the Olympic Peninsula continues. Got news for the industry, overturning the protection of the Spotted Owl, which was impacted by rampant clear cutting of the Peninsula for raw logs to send to Japan and China is not going to save your jobs. The last “one log truck” left a mill in the early 70s, long before the Spotted Owl issue was decided.

Environmental groups have filed a lawsuit seeking to preserve protections for 3.4 million acres (1.4 million hectares) of northern spotted owl habitat from the US-Canada border to northern California, the latest salvo in a legal battle over logging in federal old-growth forests that are key nesting grounds for the imperiled species. The U.S. Fish and Wildlife Service cut the amount of protected federal old-growth forest by one-third in the final days of President Donald Trump’s administration, a move that was cheered by the timber industry. Gillian Flaccus reports. (Associated Press)

https://www.opb.org/article/2021/03/24/conservationists-sue-to-save-spotted-owl-logging-protections/

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Conservation and Food Safety Groups Winning Over Washington’s Shellfish Industry and Army Corps of Engineers

Posted on July 24, 2020 by Al Bergstein

The Coalition to Protect Puget Sound Habitat and the Center for Food Safety won another step in their case to stop a flawed nation-wide permit for the shellfish industry in Washington’s waters. The 9^th Circuit Court of Appeals rejected the shellfish industry’s attempt to stop a lower court decision from taking effect while the Circuit considers an appeal of a lower court decision.

As discussed in this blog in 2016, this case is one of the most serious attempts to slow the growth of the shellfish (and primarily the geoduck) industry from converting almost all our remaining beaches that can grow geoduck into industrial farms forever. This reporter reached out to Taylor Shellfish for comment, but they did not get back to me before publication.

What is at stake: NWP 48 – the 2017 “nation-wide permit” granted by the U.S. Army Corps of Engineers to commercial shellfish aquaculture to intensify operations including authorizing “discharges, structures and works” in Washington’s coastal marine habitat. The NWP 48 was issued in 2017, and in just two years, 898 shellfish industry projects impacting 35,800 acres of marine habitats were greenlighted in Washington State.

The Court’s decision in October 2019 was a scathing rebuke of the U.S. Amy Corps Engineers process issuing NWP 48 without “adequate” (or any) scientific review of impacts. The Court found that the U.S. Army Corps had no basis to determine that NWP 48 would have “minimal impact” to marine habitat.

The Court rejected the Corps conclusion that the shellfish industry impacts are “no more than minimal, however, (a) when considered on a landscape rather than a site-by-site scale, (b) because the relevant ecosystems are resilient, and (c) because the impacts are “relatively mild” in comparison “to the disturbances and degradation caused by coastal development, pollution, and other human activities in coastal areas.” The Corps argued that when you make the landscape big enough, the operations would have ‘minimal’ impact, that the waters are so resilient that they would fix themselves, and that there is already pollution by other human activities and these additional impacts are minimal by comparison. The Court bluntly stated that “Noting that a particular environmental resource is degraded is not an excuse or justification for further degradation…The record is devoid of any indication [emphasis added] 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.”

The Court also did not agree with the shellfish industry and the U.S. Corps argument that because the impacts of the various types of waters, habitats, and operations were so disparate across the country, that a nation-wide permit should stand based on allowing local district engineers to evaluate the impacts on a case by case basis. At face value that may seem reasonable and even desirable – that local offices would know more and be able to evaluate impacts and operations: “Faced with incredible diversity, the Corps effectively threw up its hands and turned over impacts analysis to district engineers.” The Court said the agency violated both the Clean Water Act and the National Environmental Protection Act (NEPA) by its action issuing NWP 48. The Court then could vacate the permit, which would essentially revoke Washington shellfish industry permits that were granted as a result of NWP 48. Interesting, the Swinomish Indian Tribal Community, having made extensive efforts to ensure its shellfish operations were carried out in an environmentally sound manner unlike other operations, had also challenged NWP 48 but asked the Court to consider not completely vacating NWP 48.

In June 2020, the Court vacated the NWP 48, but stayed the effect of its decision and gave the Corps and the shellfish industry 60 days to appeal to the 9^th Circuit. Noting how serious the action to vacate NWP 48 is – affecting the 898 projects in Washington State alone permitted under NWP 48, impacting 35,800 acres of Washington’s marine waters, the Court looked carefully at the district engineers impacts analysis. In one instance, the Court found that “the Corps’ failure to take a hard look at the environmental impacts of shellfish aquaculture (other than, arguably, the potential impacts to endangered or threatened species under the ESA) was not corrected at the District level. In fact, the District declined to require any mitigation for the expected loss of eelgrass because the Corps permitted, on a nationwide basis, operations affecting submerged aquatic vegetation as long as the area had previously been used for commercial shellfish aquaculture.” The Corps allowed operations where shellfish activity had occurred at any time in the previous 100 years. The shellfish industry asked that the Court not take any action, and to allow NWP 48 to stay in place and not disrupt business until the Corps could correct its errors. The Corps said it could not correct its errors until 2022, which is the next time when the Corps would issue a new NWP in any course. The Court said no but allowed some activities to continue while the case is under appeal. The shellfish industry tried to stop even the limited effects of the Court’s decision. The 9^th Circuit rejected their motion while it considers the appeal. The case is not over – one could ask what has been the role of the Washington Dept. of Ecology? The Court was equally not impressed with Ecology’s role in remedying the defects of NWP 48. The parties have until October 2020 to submit briefs on the appeal.

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Local Supporters Cheer House Passage of Wild Olympics Bill as part of NDAA

Posted on July 22, 2020 by Al Bergstein

Olympic Peninsula Tribes, Sportsmen groups, business leaders, and local officials cite benefits to local economy, clean water, and salmon recovery

QUILCENE, Wash. (July 22, 2020) –The Wild Olympics Coalition cheered a major bipartisan vote in Congress yesterday that helped advance important public lands and rivers legislation forward, including the Wild Olympics Wilderness and Wild and Scenic Rivers Act sponsored by Senator Patty Murray and Representative Derek Kilmer (D-WA-06), which passed with a number of other public land bills as an amendment to the National Defense Authorization Act. The Wild Olympics legislation would permanently protect more than 126,500 acres of Olympic National Forest as wilderness and 19 rivers and their major tributaries – a total of 464 river miles – as Wild and Scenic Rivers. Designed through extensive community input to protect ancient forests and clean water and enhance outdoor recreation, the legislation would designate the first new wilderness in the Olympic National Forest in nearly three decades and the first-ever protected wild and scenic rivers on the Olympic Peninsula.

The bipartisan vote in favor of the legislation included strong support from Washington and California representatives Pramila Jayapal and Adam Smith who supported the amendment to the NDAA. The Wild Olympics legislation was passed by the House earlier this February. Given the few legislative days left in this legislative session, the NDAA offers an opportunity to advance the bill in both Houses of congress. A similar legislative strategy was used in 2014 by Senators Murray and Cantwell and Representatives Reichert and DelBene to attach legislation to expand Wilderness and Wild and Scenic Rivers in the Alpine Lakes and Ilabott Creek, the last major wilderness & wild and scenic bills for WA, which were passed in the 2014 NDAA.

“As someone who grew up on the Olympic Peninsula, I learned first-hand that economic growth and environmental protection go hand-in-hand,” said Representative Kilmer.“Adding this practical, balanced strategy to today’s bill will help us protect some of the most environmentally sensitive places on the Peninsula. It will also ensure we can keep and grow jobs in our natural resource industries and other sectors. I am grateful for the years-long collaboration to create a proposal that works for folks across the community – including Tribes, sportsmen, conservation groups, timber communities, business leaders, shellfish growers, and everyone in-between.”

Senator Murray and Representative Kilmer spent years gathering extensive community input on the Olympic Peninsula to craft the carefully balanced legislation. It would permanently preserve ancient and mature forests, critical salmon habitat, and sources of clean drinking water for local communities, while also protecting and expanding world-class outdoor recreation opportunities like hiking, camping, boating, hunting, and fishing. No roads would be closed, and trailhead access would not be affected.

Senator Murray and Representative Kilmer worked extensively with local and regional timber interests to remove any currently viable timber base from the proposal to ensure the legislation would have no impact on existing timber jobs, as confirmed in a 2012 Timber Impact Study by the respected independent Forester Derek Churchill.

Aberdeen Forest Products Consultant and Former Timber CEO Roy Nott said in his July 10th testimony before the House Natural Resources Committee, “My own experience as a CEO and Entrepreneur is that our area’s natural treasures- which provide world-class outdoor recreation, clean water and our area’s high quality of living- are what give us a competitive edge over other regions in attracting and retaining the talented people new companies require. Wilderness and wild and scenic river protections would help protect and grow the local jobs that depend on our ability to compete for talent against other regions, and they would enhance our recruitment efforts as we work to grow new businesses in the future. And as a former Timber Industry Executive, I appreciate that Senator Murray and Rep Kilmer’s final compromise proposal was scaled-back to ensure it would not impact current timber jobs.”

The House passage comes on a wave of support from over 100 new endorsements rallying behind the Wild Olympics Wilderness and Wild & Scenic Rivers Act. The new additions bring the total number of local Olympic Peninsula & Hood Canal region endorsements to more than”800” endorsers, including the Quinault, Quileute, Elwha and Jamestowns’ Klallam Tribes; over 30 local “sportsmen” organizations and fishing guides; the mayors of Port Angeles, Port Townsend, Ocean Shores and Elma; businesses and CEOs; farms and faith leaders; conservation and outdoor recreation groups; and many others. Additionally, more than 12,000 local residents have signed petitions in support.

TESTIMONIALS

Lower Elwha Klallam Tribe Chairwoman, Frances Charles: “The Lower Elwha Klallam Tribe (“Lower Elwha”) strongly supports the proposed Wild Olympics Wilderness and Wild and Scenic Rivers Act, and appreciates Sen. Murray’s and Rep. Kilmer’s sponsorship of this important legislation. We believe that it represents a fair compromise between potentially competing interests of preservation, economic use, and recreation. This legislation creates 126,600 acres of new wilderness and nineteen new wild and scenic rivers designations in the Olympic National Forest, the Olympic National Park and Washington State Department of Natural Resource-managed land. For Lower Elwha, the most important aspect of these new designations is the increased protection for salmon habitat. And we appreciate that it expressly acknowledges the fundamental interests and expertise of all treaty tribes in the restoration of fish habitat. This is an important complement to our ongoing successes, along with our federal and State partners, in restoring Elwha River fisheries in the aftermath of dam removal.”

Quinault Indian Nation President Fawn Sharp: Our Tribe urges swift passage of the Wild Olympics Wilderness & Wild and Scenic Rivers Act. As stated in the Northwest Indian Fisheries Commission’s “Treaty Rights at Risk” report, “Salmon recovery is based on the crucial premise that we can protect what habitat remains while we restore previously degraded habitat conditions. Unfortunately, significant investments in recovery may not be realized because the rate of habitat loss continues to outpace restoration. The resulting net decline in habitat demonstrates the federal government’s failure to protect the Tribes’ treaty-reserved rights.” In an era where we are witnessing unprecedented rollbacks of environmental safeguards on federal public lands, the Wild Olympics legislation would permanently protect some of the healthiest, intact salmon habitat left on the Peninsula.

Quileute Tribal Council Chairman Douglas Woodruff Jr. “The Quileute Tribe supports passage of the Wild Olympics Wilderness & Wild and Scenic Rivers Act. It represents a well-crafted compromise that provides critical protections for fish and wildlife habitat and water quality, while also respecting the treaty rights and management prerogatives of the Quileute Tribe. Protecting the best remaining habitat is imperative as tribal, state and federal governments and citizens throughout the Olympic region commit millions of dollars and incalculable volunteer hours to restoration activities in the face of declining salmon populations, fishing closures, threats to Orcas, and the impacts of climate change. The current version of the Wild Olympics Wilderness & Wild and Scenic Rivers Act is a significant and vital step forward to “protect the best,” and the Quileute Tribe urges swift passage of this legislation.”

Jamestown S’Klallam Tribe Chairman Ron Allen: “As stated in the Northwest Indian Fisheries Commission’s “Treaty Rights at Risk” report, “Salmon recovery is based on the crucial premise that we can protect what habitat remains while we restore previously degraded habitat conditions. Unfortunately, significant investments in recovery may not be realized because the rate of habitat loss continues to outpace restoration. “The resulting net decline in habitat demonstrates the federal government’s failure to protect the Tribes’ treaty-reserved rights. ”In an era where we are witnessing unprecedented rollbacks of environmental safeguards on federal public lands, the Wild Olympics legislation would permanently protect some of the healthiest, intact salmon habitat left on the Peninsula. It is our heritage and cultural principles to protect the lands and waters Nature provides, as well as the natural resources she sustains. Therefore, we do continue to support and urge swift passage of the Wild Olympics Wilderness & Wild and Scenic Rivers Act.”

Aberdeen Forest Products Consultant & Former Timber CEO Roy Nott: “My own experience as a CEO and Entrepreneur is that our area’s natural treasures – which provide world-class outdoor recreation, clean water and our area’s high quality of living – are what give us a competitive edge over other regions in attracting and retaining the talented people new companies require. Wilderness and wild and scenic river protections would help protect and grow the local jobs that depend on our ability to compete for talent against other regions, and they would enhance our recruitment efforts as we work to grow new businesses in the future. And as a former Timber Industry Executive, I appreciate that Senator Murray and Rep Kilmer’s final compromise proposal was scaled-back to ensure it would not impact current timber jobs.”

Dave Bailey, Past President of the Grey Wolf Fly Fishing Club in Sequim, WA & co-founder of Sportsmen for Wild Olympics: “People think that because our salmon streams on Olympic National Forest appear as they’ve always been, that they are safe. Unfortunately, that’s the furthest thing from the truth.” There are determined threats underway by Congress and the Administration to roll back current safeguards and open these sensitive spawning streams to small hydropower development, industrial clear-cutting and more road building once more.”That’s bad for fish, game, and sportsmen. This legislation is critical to preserve what we have.”

Casey Weigel, Owner & Head Guide of Waters West Guide Service (Montesano) and member, of Sportsmen for Wild Olympics: “Through hard work and our passion for our rivers and fishing, my wife and I have grown our small business enough to be able to help 3 other year-round and seasonal local guides support families, who love fishing just as much as we do. I support the Wild Olympics Wilderness & Wild & Scenic Rivers Act because our rivers and our salmon are our lifeblood and, without them, businesses like ours, the local jobs they support, and the dollars they bring into our local economy would dry up. The Wild Olympics proposal would simply make the current safeguards protecting our rivers on Olympic National Forest permanent. That’s all it does. It doesn’t change access or cost timber jobs. And if it did, I wouldn’t support it, because my family works in the timber industry. There are many challenges facing our rivers and salmon, with lots of debate and millions of dollars spent trying to help restore clean water and habitat downstream. But one basic, simple piece of the foundation we can put in place now that won’t cost any of us anything, is to permanently protect the healthy habitat on the federal lands upstream against any misguided attempts to develop them in the future. That’s why I am a proud supporter of the Wild Olympics Wilderness and Wild & Scenic Rivers Act. For Our Future.”

Ashley Nichole Lewis, Bad Ash Fishing Guide Service (Tahola) and member, Sportsmen For Wild Olympics: “Conservation for me on the Olympic Peninsula means that the next generation and generations to come can come out here and experience the way that I experience it and the way my grandpa experienced it when he fished out here and that forever we always have this – what is wild and what is the Olympic Peninsula and our culture today.”

Bill Taylor, President of Taylor Shellfish Farms (Shelton): “Senator Murray and Representative Kilmer’s Wild Olympics legislation will help protect our state’s shellfish industry, including hundreds of shellfishing jobs in Hood Canal alone – and many more in related industries like processing, shipping and sales. It protects the rivers and streams vital to the health of our hatcheries and to the health and restoration of Puget Sound. Our oyster beds depend on the clean, cold, silt-free water that drains off Olympic National Forest into Hood Canal. Protecting these watersheds allows our industry to grow, expand and continue to benefit the economy and ecology of Washington State. We are grateful for their leadership.”

James Thomas, President & CEO Thermedia Corp/MasQs (Shelton): “The Wild Olympics legislation would help protect the outstanding way of life that is an important reason people choose to live, work and play here in Mason County with the stunning backdrop of the Olympic Mountains in our backyard. The ancient forests, wild rivers and scenic beauty of the Olympics are the foundation of our high “Quality of Life” that attracts visitors, entrepreneurs, new residents and investment in our communities, strengthening our local economy. In fact, these spectacular public lands were the final determinant when I chose the Olympic Peninsula as the new home for my medical device manufacturing company. Ten years later my heart still sings when I round a corner or top a hill and the Olympics come into view. I applaud Senator Murray and Representative Kilmer for working to protect the Peninsula’s economic future.”

Fred Rakevich, Retired logger and 49- year veteran of the timber industry (Elma): “I am a retired logger who worked for fifty years in the timber industry. I have also fished and kayaked most of the major rivers in the Olympics. I was born and raised in Grays Harbor, but have traveled half way around the world. In all my travels, nothing impressed me more than the natural beauty of the Olympic Mountain Range and the clear running waters that begin their journey flowing toward the lands below. Timber is and always will be part of the Olympic Peninsula’s proud heritage. But our ancient forests and wild rivers are the natural legacy we will leave to our children and grandchildren. Senator Murray and Representative Kilmer’s bill protects our natural heritage while respecting our timber heritage. I thank them for their thoughtful leadership, and future generations will thank them too.”

State Representative Mike Chapman, 24th Legislative District (Port Angeles): “I have been very excited about the economic & recreational opportunities Wild Olympics will bring to the Olympic Peninsula. With REI and Patagonia’s support our corner of the world is now attracting visitors from all over. Wild Olympics is our future, for fresh air, clean water, pristine forests and future generations!”

Sarah Muszynski, Owner, Blue Horizons Paddlesports (Lake Cushman): “As an outdoor recreation business owner and an avid outdoorsman, my livelihood and lifestyle depend on clean, free-flowing rivers. Visitors to Olympic National Park and businesses like mine annually contribute $220 million in local economic benefits and support 2,708 jobs. This economic benefit depends on access to the high quality natural resources the Olympic Peninsula is known for and protection of those resources. Visitors from around the world come to experience the place we call home. Protecting these resources is an investment in our region’s economic future, and the smart thing to do.”

Michelle Sandoval, Port Townsend Mayor (Port Townsend): “This legislation will help permanently protect clean drinking water for local Peninsula communities. For example, one of the places proposed for Wilderness protection is in the Big Quilcene watershed, which filters the clean, cold drinking water for the city of Port Townsend. Protecting forests and rivers on federal lands upstream protects our investments in salmon habitat and water quality downstream. We are grateful for Representative Kilmer’s and Senator Murray’s help in protecting Port Townsend’s clean water.”

Harriet Reyenga, Independent realtor for Windermere Real Estate (Port Angeles): “The Wild Olympics Wilderness & Wild & Scenic Rivers Act will protect and promote the same spectacular public lands and high quality of life that are helping to drive growth and create local jobs in real estate, construction and many other sectors of our economy today. Our ancient forests, salmon, rivers and amazing landscapes are the north Olympic Peninsula’s competitive economic advantage over other regions. We should do all we can to protect and promote these natural treasures. The Wild Olympics legislation will do both.”

State Representative Steve Tharinger, 24th Legislative District (Sequim): “It is easy to see and understand the ecological value of the Wild Olympics idea, conserving clean and free flowing rivers, but what is sometimes missed is the economic value that maintaining places like Wild Olympics brings by attracting people to the special outdoors of the Olympic region. I want to thank REI and Patagonia for engaging local community leaders like myself to help design the map, and for recognizing that encouraging people to get out and enjoy the special places in the Wild Olympics proposal brings economic benefits to the communities I represent.”

Mark and Desiree’ Dodson, Owners Westport Marina Cottages (Westport): “We’re one of the hundreds of local Peninsula businesses backing Wild Olympics because it would protect & promote the same priceless natural treasures that are cornerstones of our economy. Our ancient temperate rainforests & wild rivers are iconic one-of-kind outdoor recreation destinations that draw visitors & new residents from around the world.”

Douglas Scott, Owner of Exotic Hikes and The Outdoor Society (Hood Canal): “Outside my door, the river, forests and mountains of the Olympic Peninsula beckon me to hike and climb. In the Northwest corner of the contiguous United States, far from the hustle and bustle of the big cities, our glacial-fed rivers, full of salmon and surrounded by majestic eagles constantly inspire millions of locals and visitors to the region. Each year, over four million outdoor recreation enthusiasts head to the region, hoping to find a slice of natural beauty in pristine forests and impossibly gorgeous river valleys. As an author, tour guide and advocate for the Olympic Peninsula, I have witnessed the importance of nature and outdoor recreation in the Pacific Northwest. Thanks to the support outdoor enthusiasts from all walks of life, passing the Wild Olympics Wilderness & Wild and Scenic Rivers Act will help ensure that even more of the stunning scenery will be protected and accessible for all. I am proud to Support the Wild Olympics. Come visit and fall in love with the beauty of rainforests, wild rivers and breathtaking adventures and you will too.”

Contact: Connie Gallant, Chair, Wild Olympics Campaign / connie@wildolympics.org

Wild Olympics Campaign / PO Box 214, Quilcene, WA 98376

Filed under: Environmental Law, Environmental Protection, Olympic Peninsula | Tagged: environment, Environmental Protection, goverment, Jefferson County, legislation, Olympic Peninsula | 1 Comment »

The Profoundly Radical Message of Earth Day’s First Organizer – NY Times

Posted on April 21, 2020 by Al Bergstein

We are fortunate to have Denis in Seattle. His message now?

“Covid-19 robbed us of Earth Day this year. So let’s make Election Day Earth Day.” He urged his readers to get involved in politics and set aside national division. “This November 3,” he wrote, “vote for the Earth.”

Denis Hayes, Earth Day, climate change, renewable energy and the challenges ahead. John Schwartz reports. (NY Times)

The ‘Profoundly Radical’ Message of Earth Day’s First Organizer

Filed under: Environmental Activism, environmental education, Environmental Law, Environmental Protection, Puget Sound | Tagged: Denis Hayes, earth day, Environmental Protection, Puget Sound | 1 Comment »

New investments save dynamic coastal wetland habitat – Washington DOE

Posted on April 16, 2020 by Al Bergstein

And more good news. State and local partners secure $5 million in federal conservation grants.

The Department of Ecology is delighted to announce we have secured seven National Coastal Wetlands Conservation grants worth more than $5 million. The 2020 federal grants will help our local partners restore and enhance nearly 500 acres of coastal wetlands and 17,500 feet of marine shoreline in Jefferson, Kitsap, Snohomish, Thurston, and Whatcom counties.

Discovery Bay Acquisitions ($713,268) —working in partnership with Jefferson Land Trust to acquire and conserve 9 acres of critical wetlands and nearshore habitat in Discovery Bay in Jefferson County, including nearly 2,173 feet of Puget Sound shoreline. The project will conserve degraded and filled estuary and nearshore habitat and preserve a rare intact pocket estuary that provides high-functioning salt marsh habitat in the Discovery Bay area.

Tarboo Creek Wetlands Acquisition and Restoration ($508,000) — in close coordination with the Northwest Watershed Institute we will help permanently protect and restore 14.5 acres of wetlands on three adjoining parcels along Tarboo Creek in Jefferson County that drain directly to Tarboo-Dabob Bay and Puget Sound.

Misery Point Habitat Acquisition ($1 million) — this collaborative project with the Great Peninsula Conservancy will preserve 20.7 acres and approximately 3,500 feet of Hood Canal and barrier lagoon shoreline in Kitsap County. The property contains a 1,600-foot sand spit that shelters a 3-acre tidal lagoon, important refuge habitat for juvenile salmon and waterfowl.

https://ecology.wa.gov/Blog/Posts/April-2020/New-investments-save-dynamic-coastal-wetland-habit

Filed under: Environmental Protection, Government, Jefferson County, Jefferson County, Puget Sound | Tagged: Discovery Bay, Environmental Protection, grants, Hood Canal, hood canal, Jefferson County, Puget Sound, tarboo creek, wetlands | 1 Comment »

More abandoning of environmental protection by Trump’s Administration

Posted on January 31, 2020 by Al Bergstein

This radical right wing administration is continuing it’s push to destroy all environmental laws. Call your Congresspeople. Take action. Do something now. But my long range hope is after we get rid of these destructive morally bankrupt right wing politicians, we will rewrite the laws better than before. Hope springs eternal!

Trump’s new water rule: What it means for mines and pollution
Less federal oversight often means more local jobs. But it could also mean more water pollution. Whether that’s progress may depend on whether you live upstream or downstream from a project. Patrik Jonsson reports. (Christian Science Monitor)

and

Trump Administration Moves to Ease Rules Against Killing Birds
The Trump administration will move as early as Thursday to weaken a century-old law protecting migratory birds by dropping the threat of punishment to oil and gas companies, construction crews and other organizations that kill birds “incidentally” in the course of their operations. The proposed regulation, if finalized, would cement a legal opinion that the Department of Interior issued in 2017. The agency’s top lawyer argued that previous administrations had interpreted the Migratory Bird Treaty Act of 1918 too broadly, and that only actions explicitly intended to kill birds should be forbidden under the federal law. The death of a bird from an oil slick, the blade of a wind turbine or the spraying of illegal pesticides would no longer trigger penalties. Lisa Friedman reports. (BY Times)

Filed under: Puget Sound | Tagged: Environmental Protection, Federal Laws, government, Puget Sound | Comments Off on More abandoning of environmental protection by Trump’s Administration

Lobby Day (again!)

Posted on January 27, 2020 by Al Bergstein

After our snow canceled the Environmental Lobby Day events last month, it’s been rescheduled this week. (ironic, isn’t it?) This is an excellent way to meet your legislators on their ground and let them know what is important environmentally. Mad about the net pens? Oyster farms in our National Wildlife Refuge? Believe me,the folks from Seattle aren’t fighting that.

Or want to support one of the great bills being promoted by the Coalition for Environmental Priorities?

So get out from behind Facebook and Next Door and get a group together to car pool to Olympia and participate! You get to schmooze with the best of them while you watch high paid and well dressed lobbyists argue that environmental rules are too expensive! What could be funnier than that!

And while you are there, just to show that I’m not a total bummer of a date, where does one eat? My favorite place for lunch or dinner is Chelsea Farms Oyster Bar They have superb clam chowder and lots of other great eats. You can pretend you are one of them being plucked by a walrus and carpenter. But no, I’m serious, this is one of the finest restaurants in the state IMHO. Just go. You are on a field trip.

Also try Wagner’s European Bakery And Cafe for great lunches. More budget oriented. Or pack your own bag of goodies! Actually if you sign up you get a healthy lunch.

What bills are being supported? Take a look at my right hand top tab, where I’ve conveniently cut and pasted the Coalition Priorities. Or go to the URL listed a few paragraphs up above.

So sign up, read up on the bills being promoted, and learn how to effectively lobby your elected officials! It’s fun and is far better than watching an impeachment any day!

Date: Thursday, January 30, 2020 Time: 8:30 am – 5:00 pm Location: Temple Beth Hatfiloh, 201 8th Ave. SE, Olympia, WA 98501

Join the Environmental Priorities Coalition and hundreds of activists to push for key environmental legislation in Olympia on January 30th!

During lobby day, you will team up with other activists to speak up for the environment and gain the skills to be a persuasive constituent. You’ll have the opportunity to attend issue briefings, learn how to lobby, hear from environmental champions, attend breakout sessions, and meet face-to-face with your elected officials to advance the Environmental Priorities Coalition’s 2020 priorities.

For the 2020 legislative session, we have adopted four priorities essential for healthy communities and a thriving environment: Clean Fuels Now, Healthy Habitat Healthy Orcas, Climate Pollution Limits, and Reduce Plastic Pollution.

Registration required. Schedule TBA.

Check out the video from 2019 Environmental Lobby Day!

Filed under: Around the Salish Sea, Environmental Activism, environmental education, Environmental Law, Environmental Protection, legislation | Tagged: Environmental Protection, Government Legislation | 2 Comments »

Congress increases funding for Puget Sound Geographic Program to $33 million

Posted on December 30, 2019 by Al Bergstein

More good news. Thanks to all who worked to push this forward, including Olympic Peninsula House of Representatives Derek Kilmer.This continues to show how expensive it is to recover the vast resources that we have mismanaged for more than a century. This money is all about ‘green’ jobs, as important as our military budget and other supposedly ‘sacrosanct’ parts of the budget that never seem to be questioned at all. We will need billions more as climate change kicks in, in ever larger ways. Luckily, our state and federal representatives seem to get it and are fighting for the money we need.

Attached are two announcements regarding funding for Puget Sound protection and recovery efforts, including:

Congress increases funding for Puget Sound Geographic Program to $33 million; and
FFY2019 Strategic Initiative Advisory Team (SIAT) Funding Recommendations and LIO-selected NTAs for National Estuary Program (NEP) Geographic Funds.

OLYMPIA— The U.S. House of Representatives and Senate passed a funding bill that will provide $33 million in FY2020 for the Environmental Protection Agency’s Puget Sound Geographic Program, which is an increase of $5 million over FY2019 funding levels. The President is signing the bill into law on Friday.

The Puget Sound Geographic Program funds implementation of the Puget Sound Action Agenda, the long- term plan for Puget Sound recovery developed by the Puget Sound Partnership.

“We know what we need to do to recover Puget Sound, our salmon, and our endangered orcas,” said Laura Blackmore, executive director of the Puget Sound Partnership. “This very welcome funding increase will help accelerate action on the ground to protect and restore this very special place.”

“We are excited to learn of the increase in federal funding for Puget Sound restoration,” said Bill Dewey, director of public affairs for Taylor Shellfish Farms and one of the business representatives on the Puget Sound Partnership’s Ecosystem Coordination Board. “The support from Congress has been instrumental in achieving water quality upgrades in shellfish growing areas all around the Sound.”

The Puget Sound Geographic Program provides funding to state, local, and tribal governments to implement projects to improve water quality, enhance fish passage, increase salmon habitat, and protect shorelines. Several Washington State agencies manage programs to address the three Strategic Initiatives for Puget Sound preservation and recovery: storm-water, habitat, and shellfish.

“It is incredibly rewarding to have the federal government support the amazing work our region is doing to restore Puget Sound,” said Heather Bartlett, water quality program manager at the Washington State Department of Ecology, which leads the Stormwater Strategic Initiative. “Our state has dedicated millions of dollars to restore this critical ecosystem and protect our iconic orca, salmon, and natural resource economy. With this additional federal funding, we will continue to make progress towards a healthy and resilient Puget Sound.”

“The Puget Sound Geographic Program has played an integral role filling a critical funding niche in our regional recovery effort,” said Kelly Susewind, director of the Washington State Department of Fish and Wildlife. “Through the program’s Habitat Strategic Initiative, the Washington Department of Fish and Wildlife, in partnership with Department of Natural Resources, have slowly bridged gaps across institutional silos to achieve on-the-ground change. There is still much to be done, and this funding comes at a critical juncture for the ecosystem that supports our region’s imperiled salmon populations and Southern Resident Killer Whales. The program’s broad support really reinforces its significance to the health of our region, and this investment will continue to move the needle towards a healthier Puget Sound.”

“Many of Washington’s communities were built on our trademark salmon runs. Unfortunately, we’re seeing salmon runs decline, which is hurting our culture, our economy, and our iconic orcas,” said Commissioner of Public Lands Hilary Franz, the director of the Washington State Department of Natural Resources. “I’m heartened to see increased federal investments in Puget Sound, and thankful that our state has such strong congressional leadership fighting on its behalf.”
Additional recovery initiatives receive funding

Filed under: Around the Sound, Environmental Law, Environmental Protection, Government, legislation, Puget Sound | Tagged: Environmental Protection, Government Legislation, Puget Sound, Salmon Recovery | Comments Off on Congress increases funding for Puget Sound Geographic Program to $33 million

Tarboo Ridge Coalition asks county to open process on Fort Discovery

Posted on October 14, 2019 by Al Bergstein

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.

Filed under: Environmental Protection, Jefferson County, Puget Sound | Tagged: Environmental Protection, Puget Sound | 2 Comments »

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

Posted on October 12, 2019 by Al Bergstein

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.

Filed under: Aquaculture, Environmental Activism, Environmental Law, Environmental Protection, Environmental Science, First Nations, Puget Sound | Tagged: Environmental Protection, Puget Sound, Swinomish Tribe, Taylor Shellfish | 5 Comments »

Feds seek expanded habitat protection as salmon, orcas battle climate change, habitat degradation – Seattle Times

Posted on September 19, 2019 by Al Bergstein

While this is very welcome and overdue, it does, of course, exempt the military from this designation. So the Orcas can be protected against everything, except our military running secret experimental bombing, which by their own admission in their environmental review documents, will lead to death of wildlife. We consistently do not hold the military to the same environmental standards that we hold all other citizens. Without doing that, this is just more of the same, fiddling while nature burns.

The designation requires review of federal actions within the areas that could affect southern resident killer whales, providing additional oversight by the National Oceanic and Atmospheric Administration (NOAA).

https://www.seattletimes.com/seattle-news/environment/feds-seek-expanded-habitat-protection-as-salmon-orcas-battle-climate-change-habitat-degradation/?utm_source=referral&utm_medium=mobile-app&utm_campaign=ios

Filed under: Environmental Law, Environmental Protection, fishing, Puget Sound | Tagged: Clallam County, Environmental Protection, Puget Sound | Comments Off on Feds seek expanded habitat protection as salmon, orcas battle climate change, habitat degradation – Seattle Times

Proposed EPA Rules Could Limit State And Tribal Power To Block Infrastructure Projects -OPB

Posted on September 3, 2019 by Al Bergstein

Over the last few years, since Trump came to power, I have been hearing about companies, some here in the NW engaged in shellfish farming, that have been quietly spending tens of thousands of dollars lobbying the Federal government to strip away the capability of local jurisdictions, such as county, state and tribal governments, to create local rules that could stymie the businesses operations or licensing by the federal government, under the Clean Water Act. A goal of theirs has been to take away the ability of local environmentally concerned organizations to sue, other than at the federal level. Now, it appears the Trump administration is acting on their lobbying efforts. Think about fish farming, pulp mills, or any other activity covered under the Clean Water Act.

The rules specifically would restrict these non-federal governments’ authority to review the water quality impacts of projects that require a federal permit or license. These projects range from pipelines to hydropower facilities to dredging — any development that result in “discharge” into U.S. waters.

DATES: Comments must be received on or before October 21, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OW–2019–0405, at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lauren Kasparek, Oceans, Wetlands, and Communities Division, Office of Water (4504–T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: (202) 564–3351; email address: cwa401@epa.gov.

Read the whole legal document (very long, very difficult to follow if not a environmental lawyer) at

Click to access cwa401certification_2060-af86_nprm_20190807_prepublication_version.pdf

https://www.opb.org/news/article/federal-water-quality-rules-energy-infrastructure/

Filed under: Aquaculture, Environmental Law, Environmental Protection, Government, legislation, Puget Sound | Tagged: Air Pollution, Environmental Protection, Government Legislation, Puget Sound | 3 Comments »

Fish and Wildlife Commission lists pinto abalone as endangered;

Posted on June 3, 2019 by Al Bergstein

WDFW advances plans to save valuable and splendid sea snail. The Washington State Dept of Fish and Wildlife have decided, with urging from a number of stakeholders including the Skagit and Jefferson Marine Resource Committees, to list the Pinto as endangered.

Here’s the Press Release:

Date

May. 31, 2019

Contact

Henry Carson, (360) 888-8494; Jason Wettstein (360) 902-2254

OLYMPIA – The Washington Department of Fish and Wildlife (WDFW) is working with federal and state

Juvenile abalone — Pinto abaloneJosh Bouma/Puget Sound Restoration Fund

partners to protect and conserve a species of large sea snail with a shell, a taste, and lifestyle that led to its wide-scale destruction.

The pinto abalone — the only abalone species native to Washington — has experienced a drastic reduction in population in recent decades. From 1992-2017, the population fell by an estimated 97 percent, putting the species at risk of local extinction.

Historically prized as food and for its contrasting red and green shell with an iridescent interior, pinto abalone is a species too popular for its own good.

Overfishing over decades starting in the 1960s led to population declines. While the agency and partners acted to protect the snails, including closing the fishery in 1994, significant levels of poaching and the abalone’s distinctive reproductive cycle meant a cycle of continuing declines despite action.

“Males and females spawn directly into the water, and without sufficient population density, fertilization does not occur, and the animals fail to reproduce,” said Hank Carson, WDFW research scientist.

Now partners are expanding the pinto abalone recovery effort at conservation hatchery facilities at the Kenneth K. Chew Center for Shellfish Research and Restoration (https://www.nwfsc.noaa.gov/news/features/hatchery) in Kitsap County.

“Our abalone captive-breeding and reintroduction program is a promising recovery strategy, but much work remains to achieve self-sustaining populations in the state,” said Carson.

With the listing determination in hand after the commission decision today, the agency is set to conduct this work with long-time partners such as NOAA and the Puget Sound Restoration Fund.

Next steps include writing a formal recovery plan to reduce threats and build the species population, establishing additional satellite growing facilities to increase production, a conservation genetics and disease-risk assessment, and expansion of field work to determine the best places to out-plant these rare and distinctive creatures.

The 2019 legislature has supported funding to recover pinto abalone, including $900,000 for work through June 2021.

“When it comes to recovery of the Puget Sound ecosystem, everything is connected and attention to detail is important,” said Senator Christine Rolfes from Washington’s 23rd district. “Recovery of lesser-known species like the nearly depleted pinto abalone is critical for a healthy and more resilient Puget Sound and the salmon and orca whales we all love. I’m glad the legislature agreed to support this effort,” she added.

Carson said he is grateful for the partners and people who support pinto abalone work. “This species is far too interesting and valuable to disappear from Washington’s waters,” he said.

For more information about the pinto abalone in Washington, see WDFW’s website at https://wdfw.wa.gov/species-habitats/species/haliotis-kamtschatkana.

Also from the Skagit Valley News:
The marine snails that have been the focus of restoration efforts in Skagit County and surrounding areas for years are officially endangered. The state Department of Fish & Wildlife Commission made the decision Friday to officially list the pinto abalone as a state endangered species. Fish & Wildlife Research scientist Hank Carson said during the commission meeting that the listing has support from Skagit, Jefferson, Island and San Juan county officials as well as area conservation organizations. The state-level determination means illegally harvesting the species — prized for its meat and shiny shell — will be a gross misdemeanor for first-time offenders and a felony for repeat offenders. Kimberly Cauvel reports. (Skagit Valley Herald) See also: Skagit County at center of restoration effort for marine snail Kimberly Cauvel reports. (Skagit Valley Herald)

Marine snail gains state endangered species listing

Filed under: Endangered Species, Environmental Protection, Puget Sound | Tagged: Environmental Protection, pinto abalone, Puget Sound | Comments Off on Fish and Wildlife Commission lists pinto abalone as endangered;

Legislation to help endangered orcas keeps moving toward approval – Watching Our Waterways

Posted on March 25, 2019 by Al Bergstein

Chris Dunagan on the handful of environmental bills moving through the Olympia sausage making machine.

Members of the governor’s orca task force this week expressed hope and a bit of surprise as they discussed their recommendations to help the orcas —recommendations that were shaped into legislation and now have a fairly good chance of passage. Over the years, some of their ideas have been proposed and discussed — and ultimately killed — by lawmakers, but now the plight of the critically endangered southern resident killer whales has increased the urgency of these environmental measures — including bills dealing with habitat, oil-spill prevention and the orcas themselves. Chris Dunagan reports. (Watching Our Water Ways)

Legislation to help endangered orcas keeps moving toward approval

Filed under: Environmental Law, Environmental Protection, legislation, Puget Sound | Tagged: Environmental Protection, Government Legislation, Puget Sound | 1 Comment »

Tidal forests offer hope for salmon – Puget Sound Institute

Posted on January 23, 2019 by Al Bergstein

Wonderful short article that highlights a goal we can (and actually are in many places) work towards, which is estuary restoration. Small fish hang out in these places. There are just these kind of places on the Dungeness and other rivers here on the Peninsula. Not so much on the Elwha. Give it a read.

https://www.eopugetsound.org/magazine/is/tidal-forests

Filed under: Around the Salish Sea, Around the Sound, Environmental Protection | Tagged: Environmental Protection | Comments Off on Tidal forests offer hope for salmon – Puget Sound Institute

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