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Newsletter No. 275 September 9, 2007 |

1. OBED and BIG SOUTH FORK
1A. Efforts to secure Obed lands against degradation
More than 20% of the acreage of the Obed National Wild & Scenic River (WSR) is still potentially subject to degradation, thus endangering the entire resource. This privately owned land is distributed among over 30 tracts, scattered up and down the gorges, that the government has, to date, failed to acquire, even though 31 years have elapsed since this unit of the National Park System was authorized. The land has no protection of any kind, even though it is located within the authorized boundaries of the park. The Cumberlands have become a booming real-estate market; additionally, resource extraction (oil, gas, coal) is a real threat in the region.
As reported earlier, TCWP is arranging meetings with key legislators to acquaint them with the urgent need to complete Obed WSR land acquisition and to ask for their assistance in obtaining the needed federal funds. To summarize the problem, we have produced an attractively and informatively illustrated booklet (NL274 ¶3A). Representatives of other organizations are invited to accompany us. Near the end of June, we met with Sen. Corker's local aide, and on August 22, Congressman Lincoln Davis gave us a valuable half hour of his time. We feel that both meetings were productive, although follow-through is still needed. We are working on future get-togethers with Sen. Alexander and Rep. Wamp or their staffs.
| WHAT YOU CAN DO: Contact Senators Alexander and Corker, as well as Representatives Wamp and Lincoln Davis (addresses on p.2) and tell them of the grave danger posed by unacquired inholdings. Urge them to secure funding for acquisition of inholdings in the Obed WSR. It's about time this park was completed – 31 years after it was authorized! |
1B. A big Clear Creek dam is proposed
The Crab Orchard Utility District (COUD), one of 5 utility districts in Cumberland County, is circulating a proposal for a large dam on Clear Creek. Their multi-colored map shows creation of a 5,798-acre lake (an area larger than the acreage authorized for the Obed Wild & Scenic River, WSR). On the originally circulated map, the proposed dam was actually located within the WSR boundaries, a legally impossible situation; we have been told that COUD has now moved the dam to just upstream of the boundary.
Crossville is experiencing major population growth and has been concerned about its water supply because the city is located essentially on top of a mountain and thus does not receive major water flows from elsewhere. Dam proposals surface repeatedly. In the 1990s TCWP (with NPCA) was heavily involved in fighting an earlier proposal for a dam on Clear Creek. (We found that a major driving force behind that dam was a real-estate development that had plans to sell lots on the shoreline lands.) Growing out of our earlier efforts, a Corps of Engineers study was conducted that analyzed several water-supply alternatives for the area. Among water sources identified in the Corps' 1998 report were pipelines from nearby existing large reservoirs. There is strong local opposition to Watts Bar, which is perceived as having contaminated water. However, other nearby large reservoirs (Center Hill, Great Falls Lake) are feasible water sources, and there are numerous smaller impoundments scattered throughout the county. Also identified by the Corps were improvements to existing storage impoundments. Furthermore, the need for water could be dramatically reduced through elimination of waste from the existing infrastructure and through water conservation. The Corps was in the midst of conducting a water-conservation study, initiated in 2005, but it recently ran out of money.
COUD is working to sell their idea of a new dam as a regional effort to provide water to utility districts not only in Cumberland but in additional nearby counties. As with all dam proposals on the Plateau, there is a strong possibility that a major motivating force is real-estate profit-making.
Other interested organizations have joined us in watching the Clear Creek dam proposal very carefully indeed. A bit more fact finding is needed before we will jointly decide on a course of action.
1C. Obed WSR in the news: a botanical paradise (invaded by Hydrilla)
Two sections of the Sunday, August 5, Knoxville News Sentinel featured profusely illustrated articles (both by Morgan Simmons) about different features of the Obed WSR. The article in the “Local” Section (B) focused on the gorges as a “botanical paradise,” with dramatic biological diversity facilitated by the great variety of habitats. The National Park Service already knows of 21 species of federal and state “listed” plants (threatened, endangered, or otherwise of special note), and a team is currently at work making further botanical surveys. Many of the plant species are fond of disturbed, sandy soil, and rely on the scouring effect caused by periodic flooding. One of the researchers called the Obed WSR “botanically, one of the most interesting sites in the Southeast.” The bad news is that the current study team (which includes TCWP Vice President Frank Hensley's grandson) is also finding exotic invasive plants in the gorges, the most significant being hydrilla, which is blanketing the river bottom in some sections. The other article, in the “Go” Section (F), featured sport climbing, for which the Obed WSR has become one of the premier destinations. Because of this rapid growth in activity, a moratorium on the bolting of new routes was imposed in 2000. The final climbing management plan, issued in July 2002 (NL245 ¶1C; NL247 ¶2E) maintains the moratorium pending further environmental impact studies.
1D. Students organize a Big South Fork workday, 10/27/07CHS SPEAK (Cookeville High School Students Promoting Environmental Action and Knowledge) is organizing and sponsoring a “Big South Fork NRRA Volunteer Day” for October 27. More than 150 middle schools, high schools, and universities in the region (Tennessee and Kentucky) are being invited to participate, as well as some outdoor clubs. “There are so many of us in Kentucky and Tennessee who love the Big South Fork. … We (CHS SPEAK members) were looking for a way to give back, and this seemed perfect,” said Chance Finegan, President of CHS SPEAK and a local high school senior.
Volunteers will be split into groups, each with at least one National Park Service ranger acting as a group leader and supervisor. Middle school students will be doing light maintenance such as litter pick-up, trail cleaning, etc. High school and collegiate groups can expect to rebuild eroded trails, resurface campground sites, and do other such work. Tools will be provided. The Volunteer Day will begin at 10 a.m. at designated worksites, and will conclude at Bandy Creek Visitor Center with a free picnic dinner for all participants starting at 5 p.m.
| WHAT YOU CAN DO: All volunteers are welcome, as are donations of goods or money to help provide volunteers' dinner. For more information, log onto http://bigsouthforkvolunteer.blogspot.com, or e-mail Chance Finegan chance.finegan@gmail.com. |
1E. Obed Watershed Community Association
The Obed Watershed Community Association (OWCA), headquartered in Crossville (185 Hood Drive, Crossville, TN 38555), energetically deals with water quality and other issues in the upper watershed of the Obed (see, for example, NL270 ¶6A; NL273 ¶11 [Resources]). The organization has a new website at www.ObedRiverWatershed.org.

2. TENNESSEE ISSUES
2A. State denies proposal for commercial development in Norris Dam State Park
Some fights end well, especially if an enlightened state administration with sound environmental values steps into the picture. For some time now, the proposal by the Campbell County Commission and others to fund construction of the $14M “Lighthouse” convention center and hotel complex in the forests of Norris Dam SP had been engaging our energy and that of other groups and of numerous individuals (NL NL272 ¶3D; NL273 ¶4C; NL274 ¶5D). TCWP submitted written comments strongly opposing the proposal (which included a hotel, restaurant, wedding chapel, ice rink, fake waterfall, 70' lighthouse, and tram to the marina). The vast majority of an overflow crowd at the public hearing of June 25 were of like mind (NL274 ¶5D), and many wore T-shirts saying “State Parks not for Sale!”
In mid-August, Commissioner of Environment and Conservation, James Fyke, wrote to Campbell County Mayor Jerry Cross, rejecting the proposal. “At best, it would be a stretch to describe the proposed lodge as a component of the state park system,” he said. He made the point that a third-party commercial operation within a state park would be a bad precedent for other parks in the system, and noted that there was an abundance of existing hotels in the area surrounding the park.
| WHAT YOU CAN DO: Contact Commissioner Fyke (see Political Guide) to express your appreciation for his action |
2B. Rocky Fork is protected
[Information from The Appalachian Trail Conference, ATC]
A purchase and sales agreement has been signed between the owners of the 10,000-acre Rocky Fork tract (located near Erwin, TN) and the Conservation Fund (TCF). ATC and the Southern Appalachian Highlands Conservancy have been integral partners in the conservation of this outstanding area and have raised significant sums toward the land acquisition. Major funding is being provided by the Tennessee Heritage Conservation Trust Fund ($6M), by a Land & Water Conservation Fund (LWCF) appropriation to the US Forest Service ($7M -- hopefully), and by a very generous private donor.
The LWCF money (NL273 ¶4A) won't be final until the Interior Appropriations bill is passed and signed (Pres. Bush has threatened to veto it). Sen. Alexander (R-TN) worked toward getting the Rocky Fork money included in the Senate version and NC Reps. Shuler (D-NC,11) and Price (D-NC,4) are helping secure the House funding.
Unicoi County, TN, County Commissioners prefer development of Rocky Fork over its preservation. In order to accommodate some of their concerns about the need for more tax revenues, the plan is to open some segments of the 10,000-acre tract to limited development, while conserving the most important parts.
The Rocky Fork property (30 miles from both Johnson City, TN, and Asheville, NC) is the largest unprotected tract in the southern Appalachian Mountains. Located along the Appalachian Trail corridor (~1.2 miles of the A.T. cross the property) and the TN-NC state line, it is adjacent to more than 22,000 acres of wilderness and potential wilderness lands protected by the US Forest Service. It also connects to hundreds of thousands of contiguous acres of the Pisgah and Cherokee National Forests and of State of Tennessee lands.
2C. Additional land at Rugby protected; adjoins BSFNRRA
[Information from The Rugbeian, vol.B-XXXXI]
In addition to the Rugby State Natural Area, which recently grew to 450 acres (NL273 ¶4B), another large area has been protected. This 186-acre tract on the North end of Rugby Village directly adjoins the Big South Fork NRRA (around Clear Fork) and was acquired from Bowater, Inc. with a $425,500 grant from the Heritage Conservation Trust Fund (Gov. Bredesen's great brain child). The land must be managed solely for conservation and can never be developed. The area is currently a loblolly pine plantation, but after that “crop” is harvested, it will revert to a native mixed hardwood forest.
2D. New rule would encourage mountaintop removal
The Bush Administration is preparing a parting gift to the coal industry: a new regulation that would legalize the dumping of mine spoil into streams, thus making possible the super-destructive practice of mountaintop removal (MTR). This is not specifically a Tennessee problem – in fact West Virginia is the state most afflicted with MTR – but our coal regions in the Cumberlands, and particularly in the watershed of the New River (a major stem of the Big South Fork) have experienced it and are increasingly threatened by it.
The Office of Surface Mining (OSM) has issued a draft EIS (published in the Federal Register of 8/24/07) innocently entitled “Excess Spoil Minimization – Stream Buffer Zone Rule.” The comment deadline is October 15 (see Action Box, below). A public hearing will be held “only if there is sufficient interest.”
The current stream buffer zone rule, first adopted in 1983 and increasingly violated, forbids virtually all mining activities within 100 feet of a river or stream. Subsequently, loose interpretation has led to ever more mountaintop removal. According to the present Draft EIS, 724 miles of stream were buried under mining waste between 1985 and 2001. Other estimates put the figure at 1,200 miles. Whatever the correct figure, it will grow materially if the proposed regulation goes into effect, because the regulation would explicitly exempt hundreds of miles of streams and valleys from the buffer-zone rule.
The following are some of the problems of the Draft EIS (we thank Dr. Patrick Mulholland for this analysis).
| WHAT YOU CAN DO: By October 15, submit at least brief comments on the Draft EIS to the address below (identify your comment as pertaining to OSM-EIS-34). You may want to use some of the talking points listed above; or state your thoughts about, or experience with, the burying of headwater streams. Address: David Hartos, OSMRE, Appalachian Region, 3 Parkway Center, Pittsburgh, PA 15220. Or, go to http://www.regulations.gov and click on Office of Surface Mining Reclamation and Enforcement. |
2E. Pine plantations no longer welcome in Tennessee
In recent decades, pine plantations have become established all over the Cumberland Plateau. According to a University of the South study, for example, they cover 80,000 acres — or about 13% of the land -- in five southern Cumberland Plateau counties between the Alabama border and Sewanee.
Gov. Bredesen believes that now is a good time to decrease the number of pine plantations. Bowater is selling their holdings. Furthermore, under the Governor's recently enacted North Cumberland initiative, 124,000 acres of forestland will be managed for conservation (NL274 ¶1). “This is not a pine state, it's a hardwood state,” Bredesen said, as quoted in The Knoxville News Sentinel of 8/7/07. “I think any time you have monoculture you have enormous disease potential. I'd like to see some of these areas move back to native Tennessee forest, which is a mixed hardwood forest.” On any of the lands acquired by the state from Bowater (NL271 ¶1A) or others, Gov. Bredesen would like to have the state plant native forests after the pines are harvested.
Even Bowater had expressed concerns about growing pine plantations and had agreed in 2005 to stop growing them. Just a few months later, the company announced its intention to sell all of its Tennessee timberlands and to use timber grown by others. The Bowater paper mill at Calhoun will not, in the future, use pines grown on plantations.
| WHAT YOU CAN DO: Express your thanks to Gov. Bredesen (address on p.2) for his intentions and actions concerning Tennessee forests. This is just the latest of so much he has done – the Heritage Conservation Trust Fund, the state purchase of Bowater lands, and, most recently, the North Cumberland initiative, which represents one of the most significant state-directed conservation actions ever. |
2F. TDoT to study interstate corridors
The Tennessee Department of Transportation is undertaking a study on the I-40, I-81 corridors. The first round of the Regional Stakeholder meetings is intended to provide a project overview, a listing of corridor deficiencies, and an initial array of potential solutions.
The dates for Round 1 are as follows:
September 4 - Nashville
September 13 - Kingsport
September 17 - Memphis
September 18 - Jackson
September 24 - Cookeville
September 25 - Knoxville
The afternoon meetings with staff and technical coordination committee members, are expected to run between 1:30 and 3:30 PM local time. Evening meetings, with stakeholders and the public, will be held from 5:00 to 7:00 PM local time. For further details, visit http://www.tdot.state.tn.us/public/2007/I40_81meeting.pdf

3. THE SMOKIES and NEARBY
3A. Further support needed for North Shore Road settlement to Swain County
[With thanks for information contributed by Ted Snyder]
Though things look very good for getting a monetory settlement in lieu of the North Shore Road (NSR) (NL274 ¶2A), it ain't over till it's over. The National Park Service's Final EIS will indeed call for a monetary settlement to Swain County as the Agency Preferred Alternative, and it's still expected to be issued during the first week of September. Almost the entire Tennessee Congressional delegation and more than half of North Carolina's (including Sen. Dole) were on record supporting that decision (NL273 ¶5A).
Now, the political will and know-how are required to bring about appropriations for the monetary settlement. On July 13, the Senate Appropriations Committee unanimously approved an amendment offered by Sen. Alexander that would allow about $6 M to be used as down payment to Swain County. This is the amount left over (after EIS preparation costs) from the $16 M that was appropriated for the NSR in 2001 via a backdoor maneuver by former Rep. Charles Taylor (NL240 ¶3C; NL241 ¶5). Rep. Heath Shuler (D-NC), who defeated Rep. Taylor in 2006, and who has been a major driving force behind the monetary settlement, has received assurance from House conferees that the Alexander amendment to the Senate bill will be accepted.
The remainder of the money must still be appropriated. Senators Alexander and Dole are said to be drafting a bill for the full settlement. Recently, Senator Dole has been receiving a flow of passionate letters from NSR advocates asking her to reverse her position. She needs to be supported in her original stand, which benefits the people of Swain County as well as preserving the Park unimpaired for future generations. You may also wish to support Sen. Dole's concern about safeguarding the settlement money (placing the principal in trust and spending only the interest). Sen. Alexander and Rep. Heath Shuler, who made good on his campaign pledge and led the effort to stop the the NSR, deserve our thanks for working toward the first installment of the settlement money.
| WHAT YOU CAN DO: Thank Sen. Dole (address below) for supporting the monetary settlement to Swain County in lieu of construction of the North Shore Road and urge her to continue co-authoring a full settlement bill with provisions for safekeeping of the money. Express your gratitude to Rep. Heath Shuler (address below) and to Sen. Alexander (address on p. 2) for their help in getting the first installment of the settlement money. Addresses: Sen. Elizabeth Dole, c/o Graham R. Fields, 401 N. Main Street, Suite 200, Hendersonville, NC 28792. Rep. Heath Shuler, 356 Biltmore Ave. Suite 400, Asheville, NC 28801. |
3B. Proposed power plant unit threatens Smokies air
As if air quality in the Smokies weren't under enough assault already, there is now a proposal for adding capacity to an existing coal-fired power plant. Duke Power is proposing to add a new 800-megawatt unit at its Cliffside power plant near Shelby, NC. This unit, which would have a 50-year lifespan, would use conventional coal-burning technology and no provisions for carbon capture or adequate control of other pollutants (SO2, NOx, and mercury). The Southern Environmental Law Center (SELC) believes that the permit does not meet federal Clean Air Act requirements that new units be built with the cleanest technology available.
The deadline for commenting on the draft permit is October 31, but only one public hearing has been scheduled (Sept. 18 in Forest City, NC). Since the effects of the pollutants are clearly not just local, multiple hearings need to be held.
| WHAT YOU CAN DO: Urge NC Governor Easley to ask Air Quality Director Keith Overcash to schedule additional public hearings on the Cliffside Power Plant, which would affect the Gt. Smoky Mtns. National Park. An e-mail form is available at www.governor.state.nc.us/email.asp?to=1. Director Overcash can be contacted at keith.overcash@ncmail.net. |

4. TVA NEWS
4A. Analysis of Watts Bar Plan
The Watts Bar Reservoir Land Management Plan was released in early August and has a comment deadline of September 24. This Plan, which would supersede the 1988 Plan now in effect, was originally issued in May 2005, but had to be revised to conform with TVA's new Land Policy (NL271 ¶4A), adopted in November 2006.
The Plan defines 7 Zones, as follows:
1 Non-TVA Shoreland (this include flowage easement land, on which TVA has the right to flood and/or limit structures). Land in this zone is not assigned to a use allocation.
2 Project Operations (needed for navigation, dams power plants, etc.).
3 Sensitive Resource Management. This includes Small Wild Areas, Habitat Protection Areas, Ecological Study Areas.
4 Natural Resource Conservation (for “enhancement of natural resources for human use and appreciation,” including wildlife or forest management).
5 Industrial (for economic development). Preference is given to businesses requiring water access.
6 Developed Recreation. Includes both public recreation (that may be operated by private concessionaires) and commercial recreation; also launching ramps, parking areas, and greenways.
7 Shoreline Access includes developments that might require TVA approval (e.g., private docks and boathouses, pathways, wooden steps, riprap and retaining walls, etc.).
The alternatives
Three alternatives are considered -- A, B, and C. The first of these designates the continued use of the 1988 Plan, while the other two are new. (Note that the 1988 Plan used 19 allocations, which, for Alternative A, have been variously combined to conform to the present 7 zones). While the 1988 Plan covered 10,387 acres, the new Alternatives include an additional ~6,000 acres that were not planned in 1988 (primarily, the present Zones 2 and 7). The Alternatives are designated as follows:
• Alternative A: No Action
• Alternative B: Development and Recreation
• Alternative C: Conservation and Recreation
The DEIS identifies B as the agency's ”preferred alternative,” and C as the “environmentally preferred alternative.”
Because, for TCWP members, Zones 3 and 4, versus Zones 5 and 6, are of greatest interest, the Table below has been constructed from the information in Table 2.2-1 of the DEIS.
| WHAT YOU CAN DO: If you want to view the Draft EIS and Plan, including maps, visit http://www.tva.gov/environment/reports/wattsbar/index.htm. A separate page enclosed with this NL details our recommendations for the area of the former Breeder Reactor site (with the aid of maps) as well as for selected parcels elsewhere. For your convenience, you can use this page to submit your comments. Add your signature and your address at the bottom, and put it in an envelope addressed as shown at the top of the page. Mail it in time to be received by Sept. 24. If you wish to send different comments, mail them to the same address, or use the online comment form provided at the above website. You can also e-mail them to rltoennisson@tva.gov. |
4B. Court finds TVA violated air pollution rules
A US District Court ruled on August 27 that TVA's coal-fired Colbert power plant in northwestern Alabama has violated air-quality standards more than 3,000 times in the past two years. The suit was brought by the Alabama Environmental Council and the Sierra Club. Unless TVA appeals the ruling to the 11th US Circuit Court, it will have to file a remediation plan to which plaintiffs can respond.

5. NATIONAL CAPSULES
5A. LWCF prospects
The Land & Water Conservation Fund (LWCF), virtually eliminated by the Administration, may get a partial rescue by Congress. The President's budget had requested only $59 M for the total of all six components of the LWCF, which is the main source of money for land acquisitions by the various natural-resource agencies. The House bill nearly quadrupled the Bush sum to $205.6M, and the Senate Appropriations committee included $182.2M for the LWCF in its Interior Appropriation. An upcoming conference committee will reconcile the difference between the House and Senate versions.
5B. It's time the 1872 Mining Law got changed
[Information from National Environmental Trust, 8/31/07, and NY Times, 8/20/07]
The Mining Law of 1872 still governs the mining of “hard-rock” minerals (gold, copper, uranium, etc) on public land. Now -- 135 years old – it is urgently in need of drastic change. The 1872 law gives mining companies virtually free access to rich mineral deposits on public lands with no requirement to pay royalties. Further, the law allows claimholders -- including companies wholly owned by foreign corporations -- to buy public land outright for no more than $5 per acre, with mining given precedence over all other uses for the land.
In mid-August, the Environmental Working Group and the Pew Campaign for Responsible Mining issued a report documenting a dramatic jump in mining claims throughout the West: from 207,540 at the beginning of 2003 to 376,500 by mid-August 2007. Alarmingly, many of these claims have been staked within 5 miles of 11 national parks and monuments (including Grand Canyon and Death Valley). Hard-rock mining in 2007 is very different from mining in 1872; modern mining operations can cover hundreds of acres, involve large volumes of toxic materials, and create huge amounts of waste.
Rep. Nick Rahall (D-WV) has, for more than a dozen years tried to reform the 1872 law. This year, he became chairman of the House Committee on Natural Resources, so there may be a chance, but we must show our support.
| WHAT YOU CAN DO: Contact Nick J. Rahall, II, ?Chairman, House Committee on Natural Resources (U.S. House of Representatives, Washington, DC 20515), to express your support for drastic reform of the 1872 Mining Law. You can also leave an e-mail on the committee web site, http://resourcescommittee.house.gov |
5C. Forest and Open Space Conservation Program is proposed
An amendment to the 2007 Farm Bill would establish this program under which federal matching grants are available to local governments and non-profit organizations for acquisition of threatened private forests and for technical assistance to aid wise management. The program would be administered by the US Forest Service in cooperation with appropriate state and local governmental entities. There would be active community engagement in forest planning for these parcels.
The threat to forests are great: by the year 2030, over 40,000,000 acres are expected to be converted from private forestlands to developments, with most of this happening in the eastern US. These forests have important values: many are essential to community water supplies, some support a timber-based economy, and almost all enhance recreational opportunities and quality of life.
A few weeks ago, TCWP co-signed a letter to members of the House Agriculture Committee urging their support of an amendment offered by Congresswoman Gillibrand (D-NY,20) establishing this program.
5D. Northwest's ancient forests again under attack
[Based on information from The Wilderness Society]
The 1994 Northwest Forest Plan was developed under the Clinton Administration to create forest reserves within national forests of the Pacific Northwest that would protect the unique old-growth forests while accommodating the needs of rural communities of the region. Job growth has, in fact, turned out to have been the greatest in counties with larger proportions of land devoted to biodiversity protection. The Bush Administration, however, embarked on a systematic campaign to weaken the framework of the 1994 Northwest Forest Plan.
The most recent strategy is to diminish habitat protection for the Northern Spotted Owl. This bird is an indicator species for a healthy old-growth ecosystem in the Northwest. The fact that the species has been in decline indicates that more, not less, of its habitat needs to be protected -- at a minimum, as much as in the 1994 Northwest Forest Plan. But, though it may be hard to believe, the U.S. Fish and Wildlife Service's (USFWS's) recent Draft Recovery Plan not only decreases the habitat range but makes it vulnerable to further decreases at the discretion of forest managers. The Draft Recovery Plan's assertion that Barred Owls pose a greater threat to Spotted Owls than does timber harvesting is almost laughable, and it clearly shows that the authors of the recovery plan were not independent scientists but government officials. The USFWS has an obligation to generate plans based on sound science, and it must do so in this instance. TCWP recently submitted testimony to the USFWS voicing the above thoughts.
| WHAT YOU CAN DO: Contact Undersecretary Mark Rey, US Department of the Interior (1849 C Street, NW, Washington, DC 20240) and ask him to withdraw his fatally-flawed Northern Spotted Owl Recovery Plan. The Plan is clearly based on politics rather than on science. We need to do more, not less, to protect this species and the old growth forests it inhabits. |
5E. Oil & gas development on sensitive lands
[Information from NY Times, 8/21/07 and from the Wilderness Soc. Wild Alert, Sept.]
The Bush Administration has pursued a relentless policy of oil & gas exploration/development on public lands (primarily those under Bureau of Land Management, BLM, jurisdiction) in some of the most environmentally sensitive parts of our Western mountains. While Gale Norton was Secretary of the Interior, numerous leases were issued in scenic and fragile areas of Utah, Montana, Idaho, and elsewhere in the region.
There was some hope that Norton's successor, Dirk Kempthorne, might moderate this aggressive policy, but this has not been the case. Now, even hunters and fishermen – groups that have traditionally been more tolerant of this Administration's policies than have other outdoor organizations – have lost patience. In mid-August, the Theodore Roosevelt Conservation Partnership sued the Dept. of the Interior over the authorization of 2.000 new oil & gas wells (along with 1,000 miles of road and 1,000 miles of pipeline) in the Atlantic Rim region of south-central Wyoming. The suit charges that BLM is guilty of numerous violations of federal law, including failure to fully assess less destructive alternatives.
The Partnership, the bulk of whose members are hunters and anglers, has never before conducted a lawsuit against the government. It does not object to responsible development, undertaken with due regard for other values, including the protection of wildlife. But it was driven over the edge by the Administration's reckless disregard for the law.
Another suit against BLM has recently had an encouraging outcome. On August 6, Judge Marcia S. Krieger ruled that the BLM must stop all leasing and prevent any lease from taking effect on South Shale Ridge, a proposed 32,000-acre Wilderness area in Colorado. The Court found that the agency violated both the National Environmental Policy Act and the Endangered Species Act by neglecting to fully consider, (a) an option allowing energy companies to drill from outside the area without harming the surface of the wild land, and (b) the effect of drilling on threatened wildlife. The judge called the BLM's decision to lease South Shale Ridge arbitrary and capricious. In the past, BLM had acknowledged that South Shale Ridge met the statutory criteria for Wilderness, but Bush Administration's policies forbade BLM from designating new Wilderness Study Areas and required the agency to prioritize oil and gas development over all other values.
5F. Environmental costs of bottled water
Just in case you haven't heard this before.
Tap water is a safer, cheaper, and environmentally more benign way to quench your thirst than bottled water. The environmental costs of bottled water accrue from the energy used in making the plastic container, in filling it, shipping it to market, and shipping it to its final destination after use (landfill or recycle center). According to one study, just getting one bottle to a consumer uses energy generated by two ounces of oil. It has been revealed that much of the bottled water that is stated, or implied, to be spring water, is in fact tap water. That's actually a good thing because water not bottled from the tap has been robbed from a number of our most pristine streams – including some in Tennessee.

6. ENERGY LEGISLATION and GLOBAL WARMING
6A. The good features of Senate and House energy bills need to be married
In reporting on the Energy Bill passed June 21 by the Senate (NL274 ¶8A), we rejoiced in the raising of the corporate average fuel economy (CAFE) standard (which could save as much gas as we now import from the Persian Gulf), but we regretted the bill's failure to include a requirement for utilities to produce at least 15% of their electricity from clean, renewable sources by the year 2020. Subsequently, in early August, the House passed its version of the Energy Bill, which is the opposite of the Senate bill with regard to these two items.
The energy package passed by the House does not include fuel economy targets for automobiles. On the other hand, it includes a national renewable electricity standard (passed by a vote of 220-190) requiring electric utilities to obtain at least 15% of their power from a combination of energy efficiency and renewable sources, such as the wind and sun. If passed into law, this standard would not only be a significant step forward in combating global warming, but would also create jobs and save consumers money on their electric bills.
The House bill has additional important features. It provides tax incentives for clean, renewable energy. It imposes some modest environmental safeguards on oil & gas drilling in fragile Western lands (see ¶5E, this NL); and it repeals some of the generous tax breaks that were bestowed on the oil industry by the 2005 energy bill, using the proceeds to fund development of alternative fuels
Congress now has the job of reconciling the House and Senate Energy Bills in a conference committee. Unfortunately, while Congress was taking its August recess, the auto industry was busy trying to undermine the Senate-passed 35 miles-per-gallon fuel economy standard. According to the Union of Concerned Scientists (UCS), they hired PR firms to scare consumers about this regulation. But recent UCS studies show that the provision would create over 170,000 new jobs, would not limit consumers' vehicle options, and would save consumers over $24 billion at the pump each year.
The Senate-House conference has the opportunity to marry the best features of each bill – the strong fuel economy provision of the Senate bill AND the renewable electricity standard of the House bill. If this comes to pass, NRDC estimates that the final bill would achieve about one-quarter of the reductions necessary to put the country on a path that stabilizes greenhouse-gas concentrations in the atmosphere. (At least it's a start!) We still need comprehensive climate-change legislation to be passed later in this Congress.
But, even for this first step, there is still the danger of a veto that has been threatened by President Bush. He has complained that the bill does not encourage oil exploration and that it repeals tax breaks to the oil industry.
| WHAT YOU CAN DO: Tell your Representative and Senators (addresses on p. 2) how very important it is to pass a bill that contains BOTH strong fuel economy provisions (CAFE standards) and a renewable electricity standard. Even with both of these items included, we'll be only just on our way toward stabilizing CO2 concentrations in the atmosphere. |
6B. The true cost of carbon emissions
[Information from Environmental Defense Solutions of August, and the NY Times of 7/6/07]
We are using the atmosphere as a free dumping ground for carbon emissions. Energy is underpriced because its cost does not reflect the damage caused by fossil fuels. Americans will have to be made to understand that to stop global warming, we'll have to pay more for energy now. Unless we do so, the future costs (from droughts, sea-level rises, famines, extreme weather, etc.) will be hugely greater. Can people be made to think beyond the present?
Two remedies have been suggested:
(a) A charge on the carbon content of various fuels.
This is really a use fee. Because it would cause energy costs to rise, consumption would be curbed; plus, there would be a powerful incentive to invest in alternatives. (Note that part of the revenue from such a “tax” could be used to subsidize the higher energy cost for low-income Americans.)
(b) A cap-and-trade system.
Early this year, 10 Fortune-500 companies joined with environmental groups (Environmental Defense and NRDC) to form an alliance – the United States Climate Action Partnership (USCAP) that called for strong national legislation to cut global warming pollution (NL272 ¶8C). Subsequently, several additional large automobile companies, and a number of major institutional investors joined USCAP (NL273 ¶8D).
USCAP's major objectives is a mandatory cap on CO2 emissions and a cap-and-trade program that sets a nationwide firm limit on emissions, while freeing businesses to find the lowest-cost ways to make the cuts. The coalition has called for reducing emissions 60-80% by 2050, a level that is needed to avoid the most dangerous climate changes. Senators Lieberman (I-CT) and Warner (R-VA), and Rep. Dingell (D-MI), have promised bills to embody these objectives.
6C. Yet more thoughts on biofuels
Growing public and Congressional awareness of the need to combat global warming is a very good thing, but it also sets the stage for special interests eager to use the global warming threat to push their “solutions.” These must not be accepted blindly; policy must be firmly based on science and on factual considerations in all areas.
It should already be abundantly clear that the substitution of corn-based ethanol for gasoline will not reduce the generation of greenhouse gases and is likely to have socially and ecologically deleterious effects (NL273 ¶8F; NL274 ¶8C). Certain other sources of biofuels that in themselves are more energy-efficient than corn could lead to massive deforestation, either because the source is a tree, or because the crop used (e.g., Brazilian sugarcane) is grown on large acreages that were formerly forests. Forests are major CO2 sinks, so their destruction works counter the benefit achieved through burning of the biofuel.
Hopefully, biofuel solutions (switch grass? algae?) will be found that result in a net reduction in greenhouse gases. It is essential that research into such technologies be strongly supported. Senator Bingaman had an amendment to the Senate Energy Committee bill that required production of biofuels with at least 20% less greenhouse-gas pollution than emitted by gasoline. The conferees for the energy bill (¶6A, above) should make sure that biofuel development does not result in significant environmental harm, such as loss of forests, habitat destruction, or water pollution.
Until such fuels are found, it seems wise to continue, and to enhance, our efforts toward sure-fire solutions. For instance, as shown by an Earth Policy Institute analysis (NL274 ¶8C), increasing automobile fuel efficiency by just 20% would be equivalent to converting the entire US grain harvest into ethanol.
6D. Coal liquid to fuel automobiles??? – no way!!!
As in the case of biofuels, the ground for this “solution” has been prepared by the widely perceived need for energy independence. But most people would very quickly reject the coal-liquid idea if they knew the following.
6E. Capsules
• According to researchers at the University of Alaska (www.iser.uaa.alaska.edu), global warming will increasingly damage Alaska's infrastructure in places where there is thawing of permafrost, increased flooding, or worsening coastal erosion. It is estimated to lead to a $6.1 billion increase (20%) between now and 2030 in the cost of building and maintaining infrastructure in the state.

7. TCWP NEWS
7A. Political Guide Reminder
Have you lost or mislaid the Political Guide? Be not discouraged -- you can still contact all the key people suggested in the Action Summary and in the individual Action Boxes. Visit the TCWP web site (http://www.tcwp.org), which contains the complete and up-to-date Political Guide.
7B. Upcoming activities
[For additional information on any of the listed events, contact Sandra at 865-522-3809, or at sandra@sandrakgoss.com]
“Opportunities for the East Fork Obey” -- Tuesday, September 25, Jamestown
TCWP will host this meeting from 10am – 3pm CDT at the Jamestown First United Methodist Church. The East Fork Obey is a spectacular treasure that provides 30% of the waters of Dale Hollow Reservoir. Designed to foster increased awareness of this river valley, the meeting will feature presentations on cultural heritage, water-quality recovery efforts, and development trends in the North Cumberlands. Admission is free, but space is limited. To RSVP, or for additional information, contact Rachel Craig at 865-579-6048 or at hagerman@usit.net. The project is partially supported by a grant from the World Wildlife Fund
Exotics extirpation on National Public Lands Day – Saturday, September 29, Oak Ridge
Over the years, working with TVA staff, TCWP volunteers have replaced exotic invasives with native plants in the Worthington Cemetery Ecological Study Area near Elza Gate. This year, again, we will celebrate National Public Lands Day with our traditional removal of exotic plants. Assemble at 9:00 a.m. in the parking lot/picnic area south of the Turnpike (Hiway 95) just east of the Melton Lake traffic light. Some tools will be available, but bring gloves, and loppers if you have them. After your morning's work, you may enjoy a complementary pizza lunch at noon in the picnic area.
TCWP Annual Meeting – Saturday, Oct. 27, Wartburg
Our Annual Meeting this year will celebrate the successful initiation of the North Cumberlands Conservation Plan, which will create conservation benefits on more than 120,000 acres in four Tennessee counties, and which represents one of the most significant state-directed conservation actions in the past decade.
Our meeting, to be held at the Wartburg Senior Center, will start at 9:30 a.m. (Eastern Time) with coffee and registration. At 10 a.m., we will hear from our keynote speaker, Scott Davis, executive director of the Tennessee Chapter of The Nature Conservancy, which has been an essential partner in the Plan. The meeting will also include a short business session and election of officers for 2008 and will run through lunchtime (lunch will be included in the registration fee). A choice of several hikes in Frozen Head State Park and Natural Area will be offered in the afternoon. Put the date in your calendar today, and look for more details to come in a special mailing.
Volunteers needed for work session at OR Cedar Barren – Saturday, Nov. 17
Once common in east Tennessee, the cedar-barren habitat and the prairie plants it supports have become rare. The Oak Ridge Cedar Barren, located adjacent to Jefferson Middle School, has long served as a public and educational resource. This barren, saved from development by TCWP, has been protected by designation as a state natural area and by a 19-year partnership between the state, the City of Oak Ridge, and TCWP.
Volunteers are needed for a work session on Saturday, Nov. 10, to remove encroaching and shade-producing plants that threaten the barren's rare species. Volunteer steward and TCWP Board member Tim Bigelow appeals for student and adult volunteers to assist with this biannual task. Volunteers are asked to meet at the southwest parking lot of Jefferson Middle School at 9 a.m., wear sturdy shoes, and bring gloves, water, and loppers, although some tools will be available. The work session will conclude at noon. For more information, contact Tim (865-607-6781 or bigelowt2@mindspring.com).
7C. North Ridge Trail signs installed July 18
Finally it came to pass: the North Ridge Trail signs we had spent several years composing, pricing, and collecting money for were all installed – one at each of 11 trail-access points strung out between the eastern end of the Trail at Endicott Lane and the western end at Mississippi Avenue. TCWP had collected $900 for the signs from its members, and was helped over the top by a $1,100 contribution from U.T.-Battelle (which manages Oak Ridge National Lab). The City of Oak Ridge's maintenance crew chief Jon Hetrick was immensely helpful in arranging for the ordering and fabrication of the signs and for their installation. Each sign is headed “North Ridge Trail,” followed by the name of the particular access, and, in large letters (very important) “Foot Traffic Only.” Finally, in smaller letters, “Made possible by a partnership between Tennessee Citizens for Wilderness Planning, City of Oak Ridge Department of Parks and Recreation, UT-Battelle.”
The sign-installation ceremony was greatly enhanced by the presence of a group from the Children's Museum – staff members, counselors, and 7 young summer campers. Also in attendance were Oak Ridge Mayor Tom Beehan, UT-Battelle's Brenda Hackworth, Jon Hetrick, TCWP's Trail Steward Susan Donnelly, and three other TCWP members.
This is an extraordinary foot trail that TCWP developed about 40 years ago! Over 10 miles (counting access and side trails) within city limits, but hardly anywhere within sight of a house, wandering through the mixed deciduous forest of Black Oak Ridge, into and out of ravines, and past rock outcroppings. It well deserves its dual designation as both a National and State Recreation trail. We are proud of having developed it and having maintained it for all these decades, and we thank all the many who participated in this effort!
7D. Report of a past TCWP activity
The Creek Adventure of July 21 was hugely successful. About 40-50 people of all ages (it was wonderful to see so many kids!) were clambering over rocks in the shaded waters of Clifty Creek, turning over stones to find larvae of aquatic insects, and looking for crayfish. They got to view and actually touch several species of fish. For some, it was the first time to see darters. Many species of these small colorful fish are found in only one or two streams in East Tennessee. The excitement and joy of discovery were palpable – and the place was beautiful! Just downstream, the creek skirted a vertical sandstone bluff, and, beyond that, the group was introduced to a clump of the federally threatened (and state endangered) Virginia spiraea. Bright scarlet fungi enlivened the moss- and fern-covered logs on the banks.
We are most grateful to the TVA people who were so helpful with the “critter” identification: Greg Shaffer manned the fish station (assisted by TCWP's Jimmy Groton) and Michael Jones worked with the aquatic insects. Tiffany Lynn Foster was in overall charge. And our own Larry Pounds contributed his botanical expertise.
7E. Special mentions
Virginia Dale, Corporate Fellow in ORNL's Environmental Sciences Division, was one of the first researchers to study environmental recovery after the 1980 Mount St. Helens eruption, which obliterated life for miles. Now, a book by a writing team she headed has won an award of merit in the Society for Technical Communication's international competition.
Mark Peterson, a former member of the TCWP Board, received a Certificate of Appreciation from DOE's Office of Environmental Management at a recognition ceremony on May 11. The certificate recognized Mark's contributions towards avoiding, minimizing, and mitigating the environmental impacts associated with construction of the Haul Road in the heart of the Oak Ridge Reservation. Innovative environmentally-friendly practices adopted by the project included the use of sunlit culverts for enhanced fish passage, creative bridge design that avoided disturbance of a unique swamp community, and a special type of wetland mitigation.
7F. Erratum
Please correct your copy of NL274. On p.7 (left), in ¶5C, second paragraph, the number should have been 60, instead of 600.

8. JOB OPPORTUNITIES; CALENDAR; RESOURCES
•• JOB OPPENINGS
National Park Service Conservation Internships
Southeast Exotic Plant Management Team (SE-EPMT).
Hiring now for 6-month positions (start and end dates throughout the year can be negotiated) that include fieldwork in 18 NPS units in the southeast (parts of 7 states). Duties include implementing and documenting invasive, exotic plant-management-control methods. Many training/educational opportunities. Benefits: weekly stipend, insurance, all accommodations and travel expenses on the job, and other benefits. For additional information, please contact Nancy Fraley at 828-296-0850 ext. 100, or Nancy_Fraley@nps.gov .
•• DEADLINE and Events calendar
(For details, check the referenced NL item; or contact Sandra K. Goss, 865-522-3809, sandra@sandrakgoss.com)
•• Resources



