Newsletter No. 276 November 11, 2007

1. THE WONDROUS CUMBERLANDS

1A. The Cumberlands Initiative comes to fruition -- a HUGE conservation victory

On November 8, at an afternoon celebration (hosted by The Nature Conservancy) in Knoxville's World's Fair Park, Governor Phil Bredesen signed documents that completed the deal for the largest Tennessee conservation project since the Great Smoky Mountains NP and the Big South Fork NRRA were designated. That project, originally called the Cumberland Initiative, is protection of 127,000 forested acres on the northern Cumberland Plateau through partnership of the State of Tennessee, The Nature Conservancy, and two conservation-oriented forest-investment companies (Lyme Timber Co. and Conservation Forestry LLC). (For some of the details, and for the effort involved in achieving this goal, see NL272 ¶1, NL273 ¶3A, NL274 ¶1).
At the November 8 ceremony, Scott Davis, director of the Tennessee Chapter of TNC, reminded us that the Cumberlands are among the most biologically rich regions of the world (designated a BioGem by NRDC), “the kind of place that once lost, we can never get back.“ Yet only two years ago most of the area was on the verge of being sold by large timber companies (e.g., Bowater) for tree farms or developments. Forests at the very entrance to Frozen Head State Park were about to be timbered.
Our Governor, who had the vision to protect the area, now calls the project “Connecting the Cumberlands,” because it links the acquired property with lands that were already in public ownership. Indeed, there will now be a continuous swath of protected lands stretching from the Emory River through a greatly enlarged Frozen Head State Park & Natural Area, the Sundquist WMA (Wildlife Management Area), and the Royal Blue WMA to the northeast. This creates a long natural corridor for wildlife and will help protect water quality in the New River and Emory watersheds. Lands will be managed by the Tennessee Wildlife Resources Agency (TWRA) and the Sate Parks Division of TDEC.
A mix of conservation methods is used for different parcels of the newly protected area. Love Mountain and Bird Mountain, contiguous with Frozen Head, were aquired in fee and have added ~10,000 acres to the Park and State Natural Area, almost doubling it in size. On the neighboring Emory and Brimstone tracts, 42,000 acres in all, conservation easements have been purchased, which will ban developments and will open these privately-owned forests to the public, though permitting sustainable forestry (and thus protecting local jobs). On the other side of Frozen Head, the 75,000-acre Sundquist WMA had previously been purchased by the state, but without the timber. Timber rights have now been acquired, permitting sustainable forestry to be practiced on limited portions of the area by the participating conservation-oriented forest-investment companies (see above).
The entire project has obligated $135 million, of which $82 million was appropiated by the state of Tennessee. The Nature Conservancy is raising $10 million, and the two forest investment companies are paying the rest. Now that the lands have been secured, it will be essential to increase staffing at TWRA and TDEC in order to prevent degradation through illegal or inappropriate use of these lands.

1B. TCWP Annual Meeting will feature the Cumberland Initiative

Speakers from The Nature Conservancy and the State of Tennessee will discuss the Cumberland Initiative – what has been accomplished and what still needs to be done (¶9A, this NL). Please be sure to attend, and to bring your friends. This Initiative is a huge step forward in Tennessee conservation.

1C. East Fork Obey: Opportunities and Challenges
[Contributed by Sandra Goss]

TCWP, in keeping with our policy to provide a voice for the places that have none, used a grant from the World Wildlife Fund to hold a meeting for stakeholders in the East Fork Obey Watershed. Situated in the western part of the Northern Cumberlands, East Fork Obey is one of the longest, most pristine river gorges in the Eastern United States. As has been the case on so much of the Cumberland Plateau, recent paper-company land divestitures have enabled developers to buy huge tracts of land and sell them for residential development. By state law, lots that are smaller than 5 acres must have an approved septic system. To avoid the sewage percolation problems that the Plateau's karst geology presents, most developers divide their large tracts into 5-acre lots.
A day-long meeting was organized for September 24 in Jamestown. The objectives of this meeting and of the planned follow-up were to heighten area residents' awareness of the development threats to the East Fork Obey River watershed, and to empower residents with information that would enable them to interact with the permitting and licensing agencies concerning water degradation.
The meeting featured, (a) a panel of area residents who discussed their heritage, (b) presentations on the history of area mining activities, the resulting water quality damage, and what the Division of Water Pollution Control has done and is doing to help the area recover from the damage, and (c) a description of state permitting processes that are designed to monitor and prevent water quality degradation from development activities.
TCWP has applied for additional grant support to continue our efforts in the area. Next year, we will prepare and send to area newspapers informative articles about the East Fork Obey in order to educate citizens about the high environmental, and ultimately economic, value the river gorge holds for the region. Additionally, TCWP will sponsor some informational week-night programs to echo our messages. For more information, or to get involved with this multi-pronged project, call Frank Hensley at 865-483-0849.

By every measure, the Cumberland Plateau is a treasure trove of biological wealth. But numerous species are critically in need of conservation action. In recent years more than 200 animal species have shown noticeable declines as a result of coal mining, oil & gas drilling, rock harvesting, timbering, and residential developments. Critical conservation needs have been identified for at least 54 animal species and an as yet uncounted number of plant species.
In 2005, both the Tennessee Wildlife Resources Agency (TWRA) and the Kentucky Dept. of Fish & Wildlife Resources (KDFWR) completed State Wildlife Action Plans. The Alliance for the Cumberlands (a coalition of over 50 member groups, originally initiated by TCWP in 2001 [NL242 ¶1; NL246 ¶5] and now supported by the Nature Conservancy) has coordinated efforts to merge these two plans across the state line. The joint plan suggests immediate action in two areas: (1) Protect key habitats through public land ownership or private conservation easements. (2) Conduct more intensive studies on the distribution and abundance of the threatened species and their habitats.
For more information, contact Katherine Medlock, Alliance for the Cumberlands, 865-546-5998, www.allianceforthecumberlands.org

2. Stop mountaintop-removal mining! Your comments urgently needed
[Contributed by Pat Mulholland]

As noted in our last newsletter (NL275 ¶2D), 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 mining (MRM). This is not specifically a Tennessee problem –- in fact West Virginia is the state most afflicted with MRM –- 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 titled “Excess Spoil Minimization – Stream Buffer Zone Rule.” Also on 8/24/07, OSM issued proposed new rules for “Excess spoil, coal mine waste, and buffers for waters of the U.S.” (Federal Register, pp. 48890-48926). The proposed rule changes are written in a confusing way, but section 816.57 (beginning on page 48924) effectively eliminates the stream buffer zone rule. The comment period for the draft EIS and proposed stream buffer zone rule change has been extended until Nov. 23, 2007 (see Action box below). A public hearing on this issue was held in Knoxville on October 24 and was attended by over 200 people, virtually all in opposition to this action. More than 80 people gave oral testimony, including TCWP's Sandra Goss and Patrick Mulholland who presented a summary of a letter submitted by 36 aquatic scientists from around the U.S. documenting the serious shortcomings of the Draft EIS. Similar hearings, held on the same date in Washington, PA, Charleston, WV, and Hazard, KY, were all well attended and dominated by those in opposition. There have been numerous articles on this issue and many editorials against it in newspapers across the east, including several in the Knoxville New Sentinel.
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.
As described in the last newsletter, the following are some of the problems of the Draft EIS.
• It fails to consider any alternatives that would enhance stream protection and strengthen the stream buffer rule (i.e., apply it more consistently). • Instead of any concrete prescription, there is only a vague requirement that applicants demonstrate that they have considered alternative disposal options and minimized excess spoil generation. Applicants can thus be exempted from maintaining stream buffer zones. • On the basis of this very soft, non-quantifiable requirement, the DEIS concludes, with flawed reasoning, that there will be less excess spoil. No data exist to support this conclusion. • The DEIS concedes that mountaintop removal mining has negative effects on headwater streams and aquatic systems downstream, and that buffer zones are the best technology currently available to minimize these impacts -- yet makes the amazing assumption that the vague requirement stated above will actually result in small net benefits to hydrology, water quality, and aquatic biota. • The DEIS's statements that 100-foot buffer zones may be unnecessarily wide and that grass buffer zones may be equally effective are based on erroneous readings of outdated literature.
The Clinton Administration started in 1998 to tighten enforcement of the stream buffer-zone rule, but time ran out before it could enact new regulations. From its beginning, the Bush Administration has worked to make regulations friendlier to the mining industry. Significantly, former Deputy Secretary of the Interior, J. Stephen Griles, was instrumental in working toward this rules change. As you may recall, Mr. Griles was later sentenced to prison for lying to a Senate committee over his ties to Jack Abramoff in a major corruption scandal.

3. PROTECTING TENNESSEE LANDS THROUGH PURCHASE

3A. Recent land acquisitions

• Near Scotts Gulf
About 2,000 acres of former Bowater land, traversed by part of the Caney Fork River and by a tributary, Gastens Branch, have become State lands administered by TWRA. Thus, another part of the corridor between Scotts Gulf and Fall Creek Falls State Park has been protected. The Scotts Gulf protection effort began with the 10,000-acre donation from Bridgestone-Firestone to the State, and other parcels have followed since. This latest acquisition was spearheaded by Friend's of Scott's Gulf, supported by Tennessee Parks and Greenways Foundation and others. Funding is 75% by the Forest Legacy Program and 25% by the Tennessee Heritage Conservation Trust Fund.
• Highlands of Roan
[From Southern Appalachian Highland Conservancy] (SAHC) has purchased a significant 432-acre property on Powdermill Creek in the Highlands of Roan. This property, which was threatened by development, lies on a long, prominent ridge that extends south from 6,200-foot Grassy Ridge and the Pisgah National Forest. The tract contains a wide range of elevations, from 3,000 ft up to 5,200 ft. SAHC will own this property for the long term, and manage it as a nature preserve. It is integral to the ecological network of the Highlands of Roan. This major acquisition was the result of partnerships among many individuals and agencies.
• Wolf River land
[Information from The Nature Conservancy, TNC] The Wolf River in West Tennessee flows through rich bottomland hardwood forest that is a priority area for the state wildlife action plan (NL266 ¶3D). A 722-acre tract surrounding both riverbanks, formerly a private hunting ground (about 30 miles east of Memphis), is now in state ownership, having been acquired through a partnership of the TWRA, the Tennessee Heritage Conservation Trust Fund, the Wolf River Conservancy, and TNC. The protected habitat is crucial for waterfowl, migratory songbirds, river otter, turtles, alligators, and many types of fish. The area will be open to the public for hiking, canoeing, fishing, and hunting.

3B. Rocky Fork needs funds from '08 LWCF
[Information from The Southern Appalachian Highland Conservancy ]

The good news, reported in our last Newsletter (NL275 ¶2B), was that a sales agreement had been signed for 10,000 acres in the outstanding Rocky Fork property, the largest unprotected tract in the southern Appalachian Mountains. Located along the Appalachian Trail corridor, it connects to the Pisgah and Cherokee National Forests (including more than 22,000 acres of wilderness and potential wilderness) and to State of Tennessee lands. The bad news is that the conservation partners may not be able to close on the deal if the anticipated funds fail to materialize. Among these is a $3.1 million FY '08 appropriation from the Land & Water Conservation Fund that Sen. Alexander managed to get into the conference on the Interior Appropriations Bill. Unfortunately, Pres. Bush has threatened to veto this bill if it exceeds his budget request, and the conference committee is therefore stripping away projects to avoid a veto of the whole bill.  

WHAT YOU CAN DO: Ask Senators Alexander and Corker, your US representative, and Rep. David Davis (see p. 2) to urge the Interior Appropriations conference committee to retain Rocky Fork in the LWCF funding package.

4. OTHER TENNESSEE NEWS

4A. A dangerous attack on Tennessee's water quality

Earlier this year, a very dangerous bill came before the General Assembly. SB.1253/HB.0865, sponsored by Sen. Burchett and Rep. Harrison, would exclude “narrow run-off ditches that are dry a majority of the year” (in other words, intermittent streams) from the definition of “waters” for purposes of the Water Quality Control Act (TCA Sec. 69-3-103). There was much public reaction (TCWP and individual members worked hard to defeat this dangerous bill -- NL273 ¶3B), pointing out to legislators that pollution dumped into such “dry ditches” will find its way into the river the next time it rains. As a result, Amendment 1-0 was added to the Senate bill, creating a joint study committee to hold hearings and to report its recommendations to the respective Senate and House committees by Feb. 1, 2008.
Well … no hearings were held all summer, and late in September, TCV (Tennessee Conservation Voters) learned that there would be NO official Study Committee formed to look at SB.1253. This is due to the fact that, while the Senate passed the bill with an amendment that created the study committee (see above), the House ultimately deferred the issue to summer study without formal passage of the bill. Hearings by the Senate Environment, Conservation and Tourism Committee are now scheduled for November 13, 2007 -- after this Newsletter goes to press. What is at issue is that, if this bill is passed, the state would no longer have the authority to regulate pollution of our waterways. The wet-weather conveyances that the bill would exempt from our Clean Water law provide the headwaters of our streams. What happens to them affects our entire water supply.
Unfortunately, this backward step has lots of support from business organizations, land developers, and large farm groups, several of which are scheduled to speak at the hearings. A number of environmental groups will also be represented. The Tennessee Department of Environment and Conservation strongly opposes the bill.

4B. TCV issues Legislative Scorecard

Tennessee Conservation Voters (TCV) has published its annual Legislative Scorecard on key environmental legislation considered during the 2007 session of the 105th General Assembly. This year's Scorecard is the fifth. TCV, the non-partisan political arm of the Tennessee environmental movement, has 17 member organizations (including TCWP) that are dedicated to the preservation of the state's natural resources through effective legislative and administrative advocacy. ''TCV focuses its resources on making envronmental protection a top priority for Tennessee's elected officials, political candidates, and voters,'' states the Scorecard, which provides a concise way to understand each legislator's voting record.
Because, in the Tennessee legislature, most bills never come up for a floor vote, the scorecard evaluates legislators' performance by giving positive and negative credit for (a) floor votes (if any), (b) committee votes, and (c) bill sponsorship. This year's top-ranked Senators are Rosalind Kurita, Beverly Marrero, Raymond Finney, and Doug Jackson. The top-ranked Representatives are Mike McDonald, Mike Turner, Brenda Gilmore, Frank Buck, and Gary Moore. To see all the scores and read about the issues on which legislators were rated, visit the TCV web site at www.tnconservationvoters.org.
We plan to distribute the printed scorecard to our members by enclosing it with NL277.

4C. Summit for a Sustainable Tennessee

Two state-wide, issue-wide environmental organizations, TCV (Tennesse Conservtion Voters) and TEC (Tennessee Environmental Council) have jointly organized a conference to be held November 15 and 16 in Nashville. Sandra Goss, TCWP's executive director, will attend.
Participants were asked to fill out a pre-conference survey on the conference web site http://www.sustainabletn.org. Data from this survey are distributed to three Working Groups (Healthy Communities, Natural Infrastructure, and Clean Energy), each of which will develop a draft Conservation Agenda and Action Plan. During the two-day summit, these drafts will be refined and approved. In the words of the organizers, “the Summit aims to produce a more integrated approach for focusing on and addressing [Tennessee's] most pressing issues. Rather than duplicating efforts and competing for limited resources, the vision of the Summit is to launch an effort working toward a shared agenda to better position our organizations, share expertise, replicate successful models, and pool resources, thus having a greater impact … “

4D. Bill Russell River Hero Award

On October 26, the fourth annual Bill Russell River Hero Award was presented to the memory of Wilma Dykeman. The French Broad was the first of her more than 16 books. Many of her writings, which included numerous newspaper columns, celebrated and championed rivers and the natural environment, and how it enriched the human environment. Sen. Alexander, who, when governor of Tennessee, had appointed Ms. Dykeman State Historian, presented the award posthumously to Ms. Dykeman's son, Jim Stokely.
The Bill Russell River Hero Awrd is an activity of the Tennessee Clean Water Network. Earlier awards have gone to Prof. David Etnier (of snail-darter fame), Chester McConnell (who has fought channelization in West Tennessee), and TCWP's own Frank Hensley. Numerous TCWP members (including three Board members) attended the October 26 ceremony, and Lee Russell made the Opening Remarks.

5. SMOKIES -- NORTH SHORE ROAD, mostly

5A. North Shore Road: the Final EIS is published
[Based on a summary by Ted Snyder]

The long-awaited Final Environmental Impact Statement (FEIS) for the North Shore Road was published in the Federal Register of October 2 (it may be found on the NPS website at http://www.northshoreroad.info/ or in several libraries across the state, including Knoxville's Lawson-McGee Library). The FEIS concludes that the NPS Preferred Alternative “is the Monetary Settlement Alternative. The Monetary Settlement Alternative would insure that resources of GSMNP and the Appalachian Trail would be unimpaired for the enjoyment of future generations. It would fulfill the project goals and objectives including the protection of natural, cultural, and recreational resources. The Monetary Settlement Alternative has been recommended by Swain County and supported by the state of North Carolina to satisfy the 1943 Agreement.”
The cost estimate for the “full build” is substantially higher in the FEIS than it was in the Draft (DEIS): more than $729 million versus $590 million.
Impacts of the “build” alternatives (“partial-build” and “full-build”) on various features and resources were analyzed, including visitor experience, geology and soils, floodplains, wetlands, heavy metals, aquatic ecology, vegetation communities, terrestrial wildlife, migratory birds, aesthetic & visual resources. In every one of these analyses, the impacts were found to be adverse and either permanent or long-term. Indirect as well as direct impacts were identified in some of the areas.
The FEIS has major implications for Wilderness designation in the Park. Starting in 1966, a number of Wilderness recommendations have been made by NPS, but all have run afoul of the North Shore Road issue and the 1943 Agreement. NPS now concludes that “any future consideration of wilderness designation should not take place until the North Shore Road issue is resolved. However, the Park currently manages all of the proposed area in accordance with NPS wilderness policies to preserve the characteristics that make it eligible as a designated wilderness.” A new wilderness suitability assessment and proposal will be required. The North Shore Road study area, along with a larger portions of Park land contiguous to that study area, constitute “one of the largest land tracts in the eastern United States that is not impacted by or easily accessible from modern roads.”
The North Shore Road controversy will not be over until Bryson City and Swain County are assured of their payment (NL275 ¶3A). We must now focus on getting the Congress to complete the payments for the Monetary Settlement in order to finalize the resolution of this controversy. The Action Box from the last NL still applies.

5B. Smokies capsules

• Elkmont
The Park Service preferred Alternative C of the Draft EIS, while TCWP supported Alternative A (NL266 ¶4C; NL270 ¶5C). Currently, NPS is working on a Memorandum of Understanding (MOU) with the state Historical Preservation Office, after which a FEIS can be generated. So, it's going to be a while.
• Cades Cove
Planning has essentially come to a standstill because of lack of funding for this project. There is a vague possibility that public meetings will be held in March.

6. TVA considering TCWP comments on Watts Bar Plan
[Based on a contribution by Sandra Goss]

As we noted in our analysis of TVA's Draft EIS for the Watts Bar Land Management Plan (NL275 ¶4A), most of the difference between Alternatives B and C resided in the area of the former Clinch River Breeder Reactor site on the Oak Ridge Reservation. Around that site, ~881 acres were allocated to Zone 4 (“Natural Resource Conservation”) in Alternative C, but to Zone 5 (“Industrial”) in B.
TCWP Board member Frank Hensley and Executive Director Sandra K. Goss worked hard to describe the benefits of an amalgamated approach to these zoning allocations (detailed in the insert to NL275). Among their efforts were a visit with TVA personnel who are working on the plan and letters to high ranking TVA officials. Subsequently, TCWP received a reply from TVA Senior Vice President Bridgette Ellis (Office of Environment and Research). She reported that TVA Director Susan Williams (to whom we had sent a detailed comment)* and staff had toured the site “in order to be fully apprised of your recommendations as well as those of others.” Our suggestions will be considered as TVA prepares the Final EIS.
It is increasingly clear that the environmental/conservation community must use every avenue to inform key people of its positions. TCWP's visit with TVA staff, as well as our extra letters, helped get our views across to the decision makers. This is important because our proposed allocation for the Breeder Reactor Site makes proper use of the already disturbed portion of the site, as well as providing environmentally sound buffers to existing wildlife habitat.
The Final EIS is scheduled to be released next month. Look for a follow-up article in our January TCWP newsletter.
*Susan Williams is the chief author of TVA's new Land Policy (NL271 ¶4A). Her term on the TVA Board has expired, but, to date, she has not been replaced and is staying on.

7. NATIONAL ISSUES

7A. Major wilderness bill for Virginia passes House

On October 23, the House passed HR.1011, The Virginia Ridge and Valley Act, which will permanently protect 55,000 acres of public land in Virginia's Jefferson National Forest -- 43,000 acres as Wilderness or Wilderness Study areas, and nearly 12,000 acres as National Scenic Area. This bill was introduced by Representatives Boucher, Tom Davis, Wolf, Scott, Moran, and the late Jo Ann Davis.
The bill still needs to pass the Senate, where it is sponsored by both of Virginia's senators -- John Warner (R) and Jim Webb (D). Supporters are optimistic, since House passage was considered the greater hurdle.

7B. Need Clean Water Restoration Act to protect upstream waters
[Based on a communication from American Rivers]

Attacks on small, “upstream” waters are occurring on numerous fronts these days. They form a common theme to other articles in this Newsletter: the dangerous state bill on “wet-weather conveyances” (¶4A); the proposed changes in the Stream Buffer Zone rule (¶2), and the harmful interpretations of confusing Supreme Court decisions (this article).
Recent splintered and confusing Supreme Court rulings (Rapanos and Carabell) are being used by developers and polluters as an excuse to roll back Clean Water Act safeguards for our small streams and wetlands. Lower courts and government agencies are beginning to misinterpret the Supreme Court ruling and are stripping safeguards from small streams. The streams that are at risk from recent Court decisions (namely, the upstream waters of our watersheds) are essential in providing drinking water supplies for more than 110 million Americans.

7C. Major powerlines could be anywhere – even in Parks
[Information from an article by Rep. Maurice Hinchey in National Parks, Fall '07]

The Energy Policy Act of 2005 directs the Department of Energy (DOE) to study electricity transmission and to designate National Interest Electric Transmission Corridors. In April of this year, DOE proposed two draft National Corridors, (the Mid-Atlantic and the Southwest). Once a National Corridor is approved, the Federal Energy Regulatory Commission (FERC) is able to overrule states and can allow the construction of powerlines in locations where states would consider them inappropriate, e.g., in national parks and other protected areas. More than 39 units of the National Park System are currently at risk. The Appalachian Trail is contained in a proposed national corridor area in northern Virginia, which would directly damage 13 miles of the Trail, to say nothing of 70,000 acres of scenic landscape visible from the Trail. The DOE has taken the position that a NEPA review is not necessary because the projects do not constitute a “major federal action.” DOE, further, has the power of eminent domain to acquire properties for the corridors. In addition to their direct and visual impacts, the new transmission lines are likely to perpetuate the lives of existing power plants. Most of these are dirty coal-fired plants that should be phased out instead of being hooked into new grids.

8. ENERGY LEGISLATION and GLOBAL WARMING

8A. Final energy bill is on its way: we must help make it a strong one!

In our last Newsletter, we summarized the good features of the different Senate and House energy bills and pointed out that these needed to be combined: each bill lacks the best features of the other (NL275 ¶6A). Congress now appears to be in the finalization stage for a bill, so the time has come to make our voices heard -- especially since automakers, utilities, and coal companies have lost no time lobbying energetically to undo the good features of each piece of legislation.
The bill passed June 21 by the Senate (NL274 ¶8A), raised the corporate average fuel economy (CAFE) standard to 35 mile per gallon by 2020 (Senators Alexander and Corker voted for the bill). This requirement could save as much gas as we now import from the Persian Gulf, significantly reduce greenhouse-gas emissions, and save consumers $24 billion nationally (according to the Union of Concerned Scientists, UCS). When the House passed its version of the Energy Bill in August, it did not raise the CAFE standard, but it included a requirement for utilities to produce at least 15% of their electricity from a combination of energy efficiency and clean, renewable sources (such as the wind and sun) by the year 2020. This very important provision -- which (by UCS calculations) would save U.S. consumers between $13 billion and $18 billion in energy costs, create jobs, and bring about major savings in greenhouse-gas emissions -- regrettably failed to be included in the Senate bill. Obviously, the good features of each bill must be protected in the final legislation.

8B. Climate-change legislation

The energy bill, under the best scenario for passage (¶8A, above), will achieve about one-quarter of the reductions necessary to put the country on a path that stabilizes greenhouse-gas concentrations in the atmosphere (NL275 ¶6A). We also need comprehensive climate-change legislation to chart a long-term path. Scientists have calculated (see A.L. Luers in Catalyst, Fall 2007) that the USA must reduce its greenhouse-gas emissions at least 80% below 2000 levels by 2050 in order to avoid truly catastrophic temperature rises (namely, greater than 2°C = 3.6°F above pre-industrial levels). (Note: the calculations assume that developing nations pursue the most aggressive reductions that can reasonably be expected of them, and that their share of the allowable emissions budget for the 2000-2050 period is ~60%).
Of 7 bills that have so far been introduced in either House, only two meet the above target. Last week, one of the 5 others, America's Climate Security Act (S.2191), sponsored by Senators Lieberman (I-CT) and Warner (R-VA), was passed by a key Senate subcommittee with bipartisan support. The bill would cap and cut America's global warming pollutions. It could be voted on by the full Senate Environment & Public Works Committee before Thanksgiving. In the House, two bills were introduced some time ago, including Waxman's stringent HR.1590. Currently Reps. John Dingell (D-MI) and Rick Boucher (D-VA) are working on a bill to bring before the Energy and Commerce Committee, which Dingell chairs.
While the Lieberman-Warner bill may be the best we can expect from this session of Congress (and therefore deserves our support), it may be insufficient to meet the needed target. For one thing, greenhouse gas emissions would be reduced to only 63% (instead of the minimum of 80%) over their 2005 (instead of the 2000) levels. Furthermore, the bill uses the “cap-and-trade” approach, instead of a carbon “tax,” i.e., a charge on the carbon content of various fuels (NL275 ¶6B). The cap-and-trade system creates a carbon-trading market that, according to many economists, provides irresistible opportunities for cheating and profiteering by clever polluters and traders (Los Angeles Times, October 25). Tax is a dirty word in American politics, and at this time it is probably unrealistic to hope for one. Eventually, the public may come to realize that a carbon tax, (which is really a use fee), by causing energy prices to rise (current prices totally fail to pay for damages inflicted by fossil fuels), would curb consumption and provide a powerful incentive (plus funding) to invest in alternatives. Part of the revenue from such a “tax” could also be used to subsidize the higher energy cost for low-income Americans.

8C. When warming becomes its own cause: destabilizing feedbacks
[Information from Prof. T. Homer-Dixon, NY Times, 10/4/07]

The very grim prospects for global warming could become very much grimmer as a result of feedbacks that create vicious cycles. Already, we are seeing a faster-than-predicted loss of Arctic ice because not all possible feedbacks have been fully figured into climate modeling. Here are just a few.
8 The ice-albedo feedback.
Open water has much lower reflectivity (albedo) than ice; it absorbs 80% more solar radiation than sea ice does. Thus, the sun warms the ocean, causing even more ice to melt. 8 The warm-water feedback
As the sun warms the ocean, the water absorbs less CO2, because (a) solubility decrease with rising temperature, and (b) mixing between deep and surface water is reduced, adversely impacting plankton that absorbs CO2.
8 The permafrost feedback.
As the permafrost melts, organic matter begins to rot, releasing CO2 and methane (which has an even greater greenhouse effect than CO2).
8 The fire feedback.
Warming has several ways of producing fuel: large peat bogs become desiccated; insect infestations kill forests; droughts create dead underbrush. Resulting wild fires can emit huge quantities of CO2 into the atmosphere.
And what's the conclusion? We need a much more aggressive global response to climate change. Even those proposals that many of our politicians consider too stringent now are probably not aggressive enough. Think about it – and do something about it!

8D. And what can YOU do about it all?

Exert your political muscle to do all we can do at the present time – even if it isn't yet all we should do (¶8A and ¶8B, above).
On the personal front, take the good advice that now comes from multiple sources about conserving energy and switching to alternative energy sources.
Switching light bulbs, driving a hybrid, etc. are great ideas. But, above all (as Thomas Friedman said, NY Times, 10/21), choose the right leaders -- Vote Smart!

8E. State actions vs. federal inaction

The California example receives judicial support
[Information from NY Times, 9/13/07]
About 40% of California's greenhouse-gas emissions come from cars and trucks. In 2002, California adopted the first state law requiring automobile manufacturers to cut greenhouse-gas emissions. Vermont was among 14 other states that followed suit. Subsequently, the auto manufacturers sued to block the laws in California and Vermont. On September 12, a federal court in Vermont, under Judge William K. Sessions, rejected the industry case, and while this ruling deals only with Vermont, it explicitly endorses the idea that California has the right, under the federal Clean Air Act, to set its own greenhouse-gas regulations, as have the other states that have followed California's lead.
The automakers had claimed that compliance with the law was not feasible, that it would limit consumer choice, create economic hardship for the industry, cause significant job loss, and undermine safety. Judge Sessions ruled that the automakers had not proved their claims. In questioning their pessimism, he wrote: “It is improbable that an industry that prides itself on its modernity, flexibility and innovativeness will be unable to meet the requirements of the regulation, especially with the range of technological possibilities and alternatives currently before it.”
The California standards now require a waiver from the EPA. California made the request for this waiver in December 2005. The Bush Administration's EPA has claimed that CO2 is not a pollutant and that the agency therefore does not have the authority to regulate it. In April of this year, the U.S. Supreme Court ruled against this position, but EPA has still not taken any action. The automakers are undoubtedly exerting their pressure on EPA, since none of the state laws will take effect unless a waiver is granted.
Florida will take major actions
[Information from Environmental Defense's Solutions, 11/07]
Florida is highly vulnerable to the effects of global warming. To start with, a 1-meter sea level rise would inundate not only the Everglades, but most of the highly populated parts of the state. In July, Florida's new governor, Charlie Crist, citing some of these vulnerabilities, signed a number of executive orders that aim to bring about an 80% reduction in state greenhouse-gas emissions below 1990 levels by 2050 (cf. ¶8B, above). Not only will Florida adopt California's auto-emission rules (see above, this article), it will also greatly reduce carbon emissions from power plants and use more renewable energy. While states act, the federal government does nothing
At the June meeting of the G8 nations, climate change was one of the chief subjects for discussion. But not for the USA, which reacted negatively to every substantive item in the draft proposal. The Bush Administration has, instead, set up a series of meetings with 14 other major nations for “aspirational talks” to set (by the end of 2008) “a long-term global goal” of reducing greenhouse gases. In September, at the first of these meeting, Pres. Bush again refused to accept the necessity of obligatory targets -- a position that makes it much easier for China and other big CO2 generators to refuse to act.

8F. Can coal power be made clean?
[Information from Environmental Defense Solutions of August, and the NY Times of 7/6/07]

To start with, you can't get the fuel out of the ground without seriously harming the environment and/or risking human lives. The USA is planning to build more than 150 new coal-fired power plants in the next few years. If all were to be built, they would increase CO2 pollution from electricity production by more than 25% above 2004 levels, a 10% increase in total U.S. CO2 emissions (see www.sierraclub.org/coal/dirtytruth/report). But the industry keeps holding out the hope of sequestering emissions in the ground (in old mines, aquifers, geologic faults). In a recent cartoon by Toles in the Washington Post, the question box asks: “Is there any method of carbon sequestration that we actually know would work?” The answer: “Leave it in the ground.”
But the coal industry wants to promote even greater coal use than that required for 150 new power plants; they are promoting the idea of liquefied coal as an “alternative fuel” that could replace gasoline in automobiles and become a jet fuel for planes. The coal-to-liquid (CTL) technology was employed by Nazi Germany when it was cut off from oil supplies during WW2. The problems: (a) CTL production generates greenhouse gases, and (b) the liquid, when fueling a vehicle, generates twice the quantity of heat-trapping emissions as does gasoline. Even under the best scenario (one that has to assume as yet unproven technologies at every step), the emissions would still exceed those of gasoline.

8G. Our continuing look at biofuels
[Based on information from Sierra, Sept./Oct. 2007]

Q: What's the common denominator of the various types of biofuels? A: They recycle carbon from living biomass instead of from organisms that lived in prehistoric times (and turned into coal or petroleum). The Sept./Oct. issue of Sierra has a very informative large table that asks 8 questions about each of 7 fuels. They include ethanol made from one of three sources: corn, sugarcane, or cellulose (from switchgrass, slash, or agricultural byproducts); biodiesel made from one of three sources; and conventional gasoline and diesel for comparison.
Here are a few answers (abbreviated) for two of the fuels: corn ethanol and cellulosic ethanol.
• What's good about it? Corn ethanol: homegrown, promotes energy independence, politically popular, some infrastructure already in place. Cellulosic: Major greenhouse-gas reductions; plus, some grasses actually remove CO2 from the atmosphere and store it in roots and surrounding ground. Switchgrass is a perennial that can thrive 20+ years without replanting. (Also, see ¶8H, below).
• What's bad about it? Corn ethanol: corn production can degrade soil and requires intensive fertilization. Cellulosic: Wide-scale utilization could displace native plants and wildlife habitat.
• How much land would it take (to replace 5% of U.S. gas consumption)? Corn ethanol: 117 million acres (size of OR and ID combined). Cellulosic: If switchgrass, 35 million acres (size of NY); if logging slash, 39 million acres (size of NY + CT).
• How much would it reduce global warming (% of greenhouse gases compared with petroleum)? Corn ethanol: depends on how the mill producing it is fueled. If by biomass, 54%; if by coal, there is a 4% increase; average reduction is about 15%. Cellulosic: 90.9% reduction.
Our thoughts on the above: Cellulosic ethanol clearly has the edge over corn ethanol. But for both biofuels there are several problems to ponder, and many fronts on which we need to be vigilant. Energy independence, a good objective, does not necessarily equate to greenhouse-gas reduction.
Biofuel production gobbles land (note that the above estimates are for a mere 5% reduction in U.S. gas consumption). If forests are cleared to produce biofuels, this counters our greenhouse-gas reduction goals, because forests are major absorbers of atmospheric CO2. If biofuel crops replace food crops, food prices will rise and some people will go hungry. If the ~40 million acres of U.S. farmland currently idled under the Conservation Reserve Program are used to grow corn for ethanol production, this will undo some of the objectives of the Program, which include increasing wildlife habitat and improving water quality. This would not necessarily be the case if switchgrass, or woody crops are grown.
Fuel-economy standards can go a long ways toward achieving global-warming goals. Thus, a mere 3% increase in such standards would save more gas than the entire 2006 production of corn ethanol. It would do us little good to replace our present gas guzzlers with an equal or larger number of biofuel guzzlers.

8H. Capsules

8 According to the Global Carbon Project, tropical deforestation annually releases almost 1.5 billion tons of CO2 into the atmosphere, accounting for about 1/5 of the world's carbon emissions. If it continues unchecked, it will add 87 billion - 130 billion tons of CO2 by 2100. This exceeds the amount released by 13 years of global fossil-fuel combustion.
8 The incidence of hypoxia-induced death of shellfish and shrimp in a 6,000-square mile area of the northern Gulf of Mexico may increase due to rise in corn-based ethanol production. This is a finding of the Hypoxia Panel of EPA's Science Advisory Board, chaired by Virginia Dale, Corporate Fellow in ORNL's Environmental Sciences Division. One of the major causes of the hypoxia zone is nutrient runoff brought in by the Mississippi River, which drains 41% of the U.S. land area. With heavy incentives, more farmland is now being used to grow corn for ethanol production, and corn requires more fertilizers than do other crops. The Hypoxia Advisory Panel encourages shifting ethanol subsidies from corn to switchgrass or other perennial cellulosic biocrops. This would lower nitrogen and phosphorus runoff by as much of 50%. (Information from Oak Ridge National Laboratory Reported, Sept. 2007)

9. TCWP NEWS

9A. TCWP Annual Meeting to celebrate Cumberland Initiative

Our Annual Meeting, to be held in Wartburg on December 1, is celebrating the success of the Cumberland Initiative (¶1A, this NL). This Initiative, the most significant state-directed conservation action in decades, will create conservation benefits on 127,000 acres in four Tennessee counties. Join in the meeting and help us make it a crowd!
We will meet in Wartburg, close to the newly protected lands, beginning at 9:30 a.m. (Eastern Time) with coffee and registration. Starting at 10 a.m., we will hear from our two distinguished speakers: (1) Scott Davis, executive director of the Tennessee Chapter of The Nature Conservancy, which has been an essential partner in the Initiative, and (2) Marie Stringer Yeagel, executive director of the Heritage Conservation Trust Fund, who was a key state liaison in the effort to pass the acquisition-appropriation for the Initiative.
After lunch (lunch will be included in the registration fee) and a short business session (including election of a Board for 2008), there will be a choice of several hikes in Frozen Head State Park & Natural Area. Put the date in your calendar today, and look for more details to come in a special mailing. This is one meeting you should not miss! Feel free to bring friends.

9B. Upcoming activities
[For additional information on any of the listed events, contact Sandra at 865-522-3809, or at sandra@sandrakgoss.com]

Cedar Barren work day – Saturday, Nov. 17
[Contributed by Tim Bigelow]
Once common in east Tennessee, the cedar-barren habitat and the prairie plants it supports have become rare. The Oak Ridge Cedar Barren will be the site of exotic invasive plant removal on November 17. Located next to Jefferson Middle School in Oak Ridge, this rare barren was saved from development in 1988 through efforts spearheaded by TCWP, and was subsequently registered as a Tennessee Natural Area. Its maintenance is a joint project of the City of Oak Ridge, State Natural Areas Division, and TCWP.
One of a few cedar barrens in East Tennessee, the area is subject to invasion by Chinese lespedeza, leather leaf viburnum, Chinese privet, autumn olive, mimosa, Nepal grass, multiflora rose, and woody plants that threaten the system's prairie vegetation.
Volunteers should arrive in the Jefferson Junior High Parking lot at 9:00, with sturdy shoes, loppers, gloves, and water. Our efforts will eliminate shade-producing plants, benefiting the prairie vegetation, which needs sun.
Reception to honor Tom Berg – Monday, Nov. 26
TCWP joins with Tennessee Parks and Greenways Foundation (TPGF) to sponsor a reception to honor TCWP member Tom Berg for his very generous gift of a conservation easement protecting 133 acres on a Clear Fork River tributary near Big South Fork.
The reception is scheduled for November 26 from 7:00-9:00 p.m. at the Oak Ridge Unitarian Church (Social Hall), 1500 Oak Ridge Turnpike. Please join us to celebrate Tom's wonderful gift that protects this land in perpetuity.
TPGF's Executive Director Kathleen Williams and TCWP's Executive Director Sandra Goss will talk about Tom Berg's gift and about recent land conservation successes in Tennessee, including TPGF's acquisition of the Head of the Sequatchie Spring and Devilstep Hollow Cave
To accept this invitation, contact TPGF at 615-386-3171, or Bizofficetpgf@earthlink.net.
TCWP Annual Meeting celebrates Cumberland Initiative – Saturday, December 1, Wartburg
See ¶9A, above
TCWP Holiday Party -- Thursday, December 13
[Contributed by Sandra Goss]
Save the date for what has become one of the most enjoyable holiday events of the year. Bill Allen and Jenny Freeman, long-time TCWP members and well-know community and environmental activists, are hosting the party at their home at 371 East Drive.
All members and friends are welcome to come. Special invitations will be sent to elected officials and administrative friends. The hours are 7:00—9:30. Please bring an hors-d'oeuvre or dessert to share. Beverages will be provided.
A day at Wilderness Wildlife Week – Saturday, Pigeon Forge -- Saturday, Jan. 12, 2008
[Contributed by Hal Smith]
TCWP is organizing a one-day trip to take in some of the lectures, workshops, and seminars by many outdoor experts willing to share their knowledge. Subjects and events include hiking, history, animal life, folklore, nature, and appreciation of the beauty of the Great Smoky Mountains. All of these activities are free.
Events are centered at the Music Road Hotel and Convention Center the week of Jan. 12-18. One of the lectures on Saturday morning (11:15-12:15) will be “Biodiversity of Tennessee's Cumberland Plateau” by Michael Hodge, a subject that TCWP and other organizations are actively engaged in.
We plan to form a carpool at the NOAA Building, 456 South Illinois Ave., and leave about 8:30 AM, in plenty of time to register (no charge), and look around before the Biodiversity lecture. For questions you may contact Sandra Goss at 865-522-3809 in Knoxville or Hal Smith at 865-483-5731 in Oak Ridge. For those wishing to stay over for activities late on Saturday and/or Sunday, the motel rates are very reasonable at this time of year.
Other January activities
[Contributed by Sandra Goss]
Mark your 2008 calendar now for these additional activities.
-- January 26 —Whites Creek SWA work day
-- February 23 —Alley Ford hike and work day
-- April 12 — Garlic Mustard Pull on the Wildflower Greenway

9C. Finances: Community Shares

TCWP is a member of Community Shares (CS), which is currently conducting its Fall 2007 workplace campaign. If your workplace is participating in CS, please designate your contribution to TCWP. During last year's (Fall 2006) workplace campaign, significant sums were designated to TCWP, which will be added to the regular proportional share we receive from CS.

9D. Special mentions of members

Virginia Dale, Corporate Fellow in ORNL's Environmental Sciences Division, is sharing in the Nobel Peace Prize for efforts to raise awareness of global warming. The Prize was awarded jointly to Vice President Al Gore and the U.N.'s Intergovernmental Panel on Climate Change (IPCC). For its 4 reports, the IPCC has received input from more than 2,500 researchers from over 130 nations. The IPCC share of the Peace prize is being awarded to lead authors of sections of these reports. Six of these lead authors, including Virginia, work at the Oak Ridge National Lab. (For another mention of Virginia, see ¶8H, this NL.)
Ray Payne ((long-time activist for wilderness), along with another volunteer, was awarded the National Park Service Secretarial Award for his work writing permits for, and offering safety and planning tips to, backpackers and hikers at NPS's Sugarlands permit office.

10. CALENDAR; RESOURCES

•• DEADLINE and Events calendar

(For details, check the referenced NL item; or contact Sandra K. Goss, 865-522-3809, sandra@sandrakgoss.com)