March 15, 2009
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Newsletter No. 284 March 15, 2009 |
1. THE TENNESSEE LEGISLATURE: VERY BAD AND VERY GOOD BILLS
[Information from Tenn. Conservation Voters]
1A. Two dangerous “Limited Resource Waters” bills must be stopped.
[Additional information from TCWN]
SB.0633(Southerland)/HB.1617(McCord) and SB.0632(Southerland)/HB.1615(McCord) are reincarnations of a bill (previously nicknamed the “ditch bill”) that surfaced in 2007 (NL273 ¶3B) and again in 2008 (NL277 ¶3A). They seriously threaten our supply of clean water by excluding small or intermittent streams from the definition of “waters,” and thus from the protection of Tennessee's Water Quality Control Act (TCA Sec. 69-3-103). They do this by using a number of criteria to define a new class called “limited resource waters.” These small, intermittent streams are, of course, the headwaters of our rivers (wet-weather conveyances), and whatever is dumped into them will find its way into our rivers the next time it rains. What happens to them affects our entire water supply.
These dangerous bills are coming up for discussion in committee this week. They are being pushed by a powerful group of interests – chambers of commerce, construction companies, coal interests, farm bureaus, and others. It will require our strong effort to defeat them. A few more details follow.
SB.0633/HB.1617 creates the definition of "limited resource waters" as those not attaining their designated uses due to natural occurrences or modifications. Their exclusion from the definition of "waters" would affect ~30,000 miles of streams -- that's almost half the streams in Tennessee. In addition, the bill gives up on protecting those waters that are already impaired.
SB.0632/HB.1615 narrows the types of water bodies protected under our laws; among other things, it allows for stream determinations to be made by an expert outside of TDEC. Since the changes are based upon water flow, this would specifically lift protection from smaller streams during times of drought, when water protection is of the utmost importance.
| WHAT YOU CAN DO: Without delay, contact (preferably, call) your own state legislators, and members of the Senate and House Environment Committees (see Political Guide) to voice your strong opposition to these two bills. Tennessee needs to have its water protection strengthened, NOT weakened. For more details visit the Tenn. Clean Water Network website, www.tcwn.org |
1B. Additional bad bills related to water/p>
In addition to the “Limited Resource Waters” bills (¶1A, above), there are at least a dozen other bills relating to streams and to water quality that are quite dangerous and need to be opposed. Below is a summary of the more egregious ones.
• SB.1112/HB.1622 prevents Tennessee from protecting water and air quality when the federal government doesn't do so.
• SB.1312/HB.1619, pertaining to CAFOs (Concentrated Animal Feeding Operations), prevents Tennessee from exceeding the stringency of federal CAFO regulations.
• SB.0634/HB.0973 takes away whistleblower protection for reporting water-quality infringements.
• SB.1738/HB.2009 allows private companies to remove water from our streams without public involvement in the decision.
• SB.0198/HB.0425 creates serious delays in the rule-making process by requiring legislative approval before an administrative rule van become effective; this would prevent emergency rulings, among others.
• SB.1331/HB.1204 would make it possible for the coal industry to pollute our waters with selenium (a frequent by-product of coal mining).
• SB.0631/HB.1616 would prevent polluted rivers (e.g., Pigeon R., Caney Fork, Harpeth, Clinch, Hiwassee) from being classified Exceptional, thus stripping protection from ~1,000 miles of our streams. In addition, the bill would remove the requirement that social and economic necessity of a project (e.g., a polluting industry) must be proved before Exceptional Waters can be impacted by the project.
| WHAT YOU CAN DO: Contact your state senator and representative and members of the Senate and House Environment Committees (see Political Guide) to oppose these dangerous water bills. Our legislature must protect Tennessee's precious waters – not impair them! |
1C. The Scenic Vistas Protection bill would end mountain-top removal. Please help get it passed!
Last year's Scenic Vista's Protection Act is back. SB.1406(Ketron)/HB.0899(Dunn) prohibits the TDEC from issuing or renewing a permit that would allow surface coal operations, or resulting waste, fill, or in-stream treatment within 100 feet of any waters of the state. It also prohibits issuance or renewal of a permit that allows surface mining above elevations of 2,000 feet. The bills have been referred to the Senate Environment, Conservation & Tourism Committee and to the House Environment Subcommittee. The Senate committee vote (which is expected to be positive) has been deferred a couple of times and will not take place until the House Subcommittee has acted. Last year, this subcommittee (with slightly different membership) defeated the bill by two votes. This year's vote is presently scheduled for March 17 (before you receive this Newsletter), but may come later. If the House subcommittee vote is positive, you'll be able to help with the additional steps the bill has to go through before becoming law.
| WHAT YOU CAN DO:If you are on our e-mail alert list, you'll receive an e-mailed action call when the time is right. If not, please keep checking the TCWP website (www.tcwp.org) where the alert will be posted. Getting this bill passed will take all our efforts. |
1D. Revised “bottle bill” is even better
The 2009 "Tennessee Beverage Container Recycling Act" (SB.1404/HB.1167) is now in the pipeline. Prime sponsors are again Sen. Doug Jackson and Rep. Mike Turner; and co-sponsors include Sen. Randy McNally. SB.1404 has been referred to the Senate Environment, Conservation & Tourism Committee, and HB.1167 to the State Government Subcommittee of the House State & Local Government Committee.
Marge Davis, the Coordinator of Pride of Place (POP)/Tennessee Bottle Bill Project, points to a number of significant changes that have been made in the bill, making it what she considers the best bottle bill ever. This year's bill:
• Places no new cost on beverage distributors
• Will generate hundreds of small businesses ("redemption centers")
• Will create as many as 2,000 new jobs
• Has the support of major industries and industry trade groups
• Will eventually recover 85% of 4.5 billion containers a year, compared to 10% now
• Will create access to recycling even in rural areas
• Will dramatically reduce litter while preserving the existing litter grants program
• Will keep 200,000+ tons of valuable container material out of landfills
• Will save local governments millions of $$ in waste-hauling and landfill tipping costs
• Will avoid the equivalent of 150,000 metric tons of greenhouse gases
• Will save enough energy to power 85,000 homes for a year
• Will create job training, jobs and income opportunity for nonprofits and their clients
• Has bipartisan legislative support
• Has 80% public support (UT survey)
For a more extensive explanation of these statements, visit the website www.tnbottlebill.org, or contact Marge at margedavis@comcast.net or 615-758-8647. To read the full text of the bill, visit http://www.legislature.state.tn.us/ and type either of the bill numbers into the search box called "Find Legislation.”
| WHAT YOU CAN DO: Contact Gov. Bredesen and your own state senator and representative (see Political Guide) to point out why we need this bill (to save resources, reduce litter, reduce landfill waste, or any of the points in the above bulleted list). Point out that this revised bill addresses every concern that has been raised in the past by legislators, retailers, manufacturers, consumers, etc. |
2. THE CUMBERLANDS
2A. 5,500 Acres Preserved at Savage Gulf and Fiery Gizzard
[Contributed by Cindy Kendrick]
The Conservation Fund and the Land Trust for Tennessee recently announced the protection of over 3,000 acres of land at Savage Gulf and about 2,400 acres of the Fiery Gizzard Trail at the South Cumberland State Park and Natural Area. Nearly 4,800 acres were acquired in fee, and over 700 additional acres will be preserved by a conservation easement. The land was formerly in the hands of a timber company and private owners.
The deals protect dramatic views from the Savage Gulf's sheer and rugged sandstone bluffs, which were previously vulnerable to development and logging. The 3,000-acre purchase is “…the meat of the Savage Gulf," according to Chris Roberts, of the Land Trust for Tennessee. “Twenty-four hundred acres protected at Fiery Gizzard raises the amount of trail protected there from 10% to 33%.” Some of the trail's private land was recently cleared for building. Backpacker magazine placed the trail among the top 25 backpacking experiences in the Country.
These spectacular acres include some easily accessible areas. From the Beersheba Springs ranger station, Savage Gulf's Stone Door, a 10ft-wide and 100ft-deep split in the cliff face, can be reached via a one-mile level trail, and part of the one-mile trail to Laurel Bluff Overlook is paved and handicapped-accessible. Wild Fiery Gizzard Trail provides easy access to spectacular areas near the trailheads at Foster Falls and Grundy Forest.
According to Rex Boner, Vice-President of The Conservation Fund, the Fund floated the state at the end of the fiscal year but didn't actually spend its own money. The state's land acquisition fund and the Tennessee Heritage Conservation Trust Fund provided $5.5 million of the Savage Gulf's $6 million purchase, and a private donor contributed the remainder. This spring, the land will be added to the South Cumberland Park, which draws over one million visitors annually.
Protection of the Fiery Gizzard's parcels carried a price tag of more than $3 million, including, (a) a $1-million easement donated by an anonymous private owner; (b) contributions from the Friends of the South Cumberland; and (c) federal highways funds intended to protect scenic routes, directed with support from U.S. Sen. Lamar Alexander.
Both state funds are now depleted, and with the state budget stretched tight, no new funds are expected this year. More land between the Foster Falls and Grundy Forest trailheads is for sale, and Roberts said that the Land Trust would continue to pursue the possibilities.
References: http://www.landtrusttn.org/news-savagegulf.html (includes photo) and http://www.timesfreepress.com/news/2009/feb/12/tennessee-protecting-plateau/
2B. Changes in high-level staff at BSF and Obed
Only three weeks after he started his job as new superintendent for the Big South Fork National River and Recreation Area on January 19, Stennis Young (formerly Asst. Superintendent at Natchez Trace) joined TCWP staff and Board members (Sandra Goss, Frank Hensley, Charlie Klabunde) for a companionable lunch in Wartburg. Sandra reports that Mr. Young has had a good start learning about the area and its residents and getting to know the excellent staff at BSFNRRA and OWSR. He arrives at a time of considerable budget limitations but also some budget opportunities (the stimulus bill).
At the Obed WSR, April 1 will see the departure of unit manager Phil Campbell, who is retiring. Phil will continue to live in Oak Ridge and we look forward to his associations with TCWP. Phil's staff is giving him a retirement party on Friday, April 17, 6:30 p.m. at the Sagebrush in Oak Ridge, to which TCWP friends are invited (Dutch-treat).
2C. Alliance for the Cumberlands in transition
[Contributed by Sandra Goss]
The Alliance is on its way to becoming an independent organization. Current Executive Director Katherine Medlock has taken a position with the Nature Conservancy in a new, expanded role. The Board of Directors, on which TCWP Executive Director Sandra Goss serves as Secretary/Treasurer, has appointed Katherine to serve a four-year term as a Board member.
In other developments, the Office of the Alliance for the Cumberlands is moving to the Tennessee Tech Campus in Cookeville, Tennessee. The Alliance is seeking candidates for the Executive Director position. Interested persons should send their resume and three references (preferably in electronic form) to kmedlock@tnc.org no later than March 31.
2D. Activities and news from Frozen Head
[Contributed by Cindy Kendrick]
A contract has recently been awarded to survey the acreage added to the north side of the Park by the “Connecting the Cumberlands” initiative in 2007. Boundary definition should facilitate protection of Park resources and features.
Volunteers are helping to maintain and improve backcountry trails. Park Manager David Engebretson reports that the volunteers “did a great job cleaning and repairing water bars in Feb. on the Emory Gap Trail.” Volunteer Trail Days are generally, but not always, scheduled on third Saturdays. Upcoming work days are March 21 and May 16. (None in April.)
Frozen Head State Park and Natural Area continues to offer special events and monthly programs.
• The 41st Annual Spring Wildflower Pilgrimage is scheduled for the 2nd and 3rd weekends in April, with guided walks, as detailed below.
April 11
10 a.m. Wildflowers, trees, insects, and other “critters” – led by Kris Light, Teacher and Naturalist
2 p.m. Wildflowers and natural history – Ranger Michael Hodge
April 12
2 p.m. Wildflower identification and appreciation – TBD
April 18
10 a.m. Natural surroundings of Frozen Head – David Lincicome, State Natural Areas Program
2 p.m. Wildflowers, ferns, and birds – Park Manager David Engebretson
April 19
10 a.m. Panther Branch wildflowers, etc. – Lisa Huff, State Natural Areas Program
2 p.m. Wildflower and fern identification – TBD
• International Migratory Bird Day will be recognized at the Park on May 9 with a bird walk, beginning at 8 a.m.
For more information, call the office at 423-346-3318, or visit the Frozen Head website at http://www.tennessee.gov/environment/parks/FrozenHead/. Information on Park programs and
events is also posted at http://www.tcwp.org/frozenhead.shtml
2E. Friends group seeks funding for Cumberland Trail biodiversity project with UT
[Contributed by Cindy Kendrick]
If the Friends of the Cumberland Trail can obtain $25,000 to complement generous support by the University of Tennessee, a prototype project to conserve and restore biodiversity along the Cumberland Trail State Park could be launched. Areas along the Trail have suffered severe ecological damage from non-native pests or from management as commercial forests. The project, “Seeding the Cumberlands,” would mobilize, organize, train, and support volunteers from the regions surrounding the Trail to tackle a challenge too big for state and federal resources acting alone.
UT's Tree Improvement Program (UT-TIP), in conjunction with the Park, private groups, and others, would develop a plan that both anticipates and responds to non-native forest and plant pests in Tennessee's state parks. The strategy involves gathering and assessing available information on pests (insects, diseases, and plants), native plants, and the volunteer base; selecting species for conservation focus; developing field guides for volunteers; conducting conservation and preservation initiatives; and training (pest and native identification, seed/material collection for storage or propagation, record-keeping and equipment use). Restoration efforts would then be implemented for targeted areas along the Cumberland Trail. The protocols could serve as a template for other Tennessee State Parks.
IOn Saturday, April 18, 2009 the Emory River Watershed Association will host Discovery Fest on the square in Wartburg. The purpose of Discovery Fest is for participants to discover and celebrate the unique natural resources of Morgan County. Planned morning activities include hikes at Frozen Head and on the Cumberland Trail, a kayak clinic at Nemo, and rock climbing at Lilly. Other activities on the square include live music, a climbing wall, arts and crafts vendors and demonstrations, and children's activities. The event is free to the public, with food and drinks available for purchase. The Emory River Watershed Association was formed to educate and foster appreciation and protection of the Emory/Obed River watershed. For more information, please contact Gigi Schooler with the Morgan County Chamber of Commerce at 423-223-0980 or chamber@morgancountygov.com.
2G. Upcoming Cumberland Trail volunteer opportunitiesFor more information on the activities listed
below, go to http://www.cumberlandtrail.org/act.html, contact Tony Hook at tony.hook@frontiernet.net, or call CTC at 931-456-6259. Volunteers are needed to work with students. RSVP is required.
• February 22 - March 28: BreakAway 2009, Hamilton County. This 5-week trail-building program includes environmental education, history, culture, and musical sessions for student across the US.
• April 19–26: Frozen Head Outing, Wartburg. Students from Wartburg College, Waverly, Iowa will work to re-open the closed North Boundary Trail.
• May 21 - June 21: Little Possum FPR Bridge Construction, Soddy Daisy. This bridge construction project will take the place of the traditional Big Dig program in 2009.
• May 31 - June 6: AHS Week, Scott County. American Hiking Society vacation participants will be constructing trail in the Smoky Mountain (New River) segment in Scott County, TN.
3. OTHER TENNESSEE NEWS
3A. Change in leadership at TWRA
After 31 years with Gary Myers as its head, the Tennessee Wildlife Resources Agency (TWRA) has a new director. On February 19, the Tennessee Wildlife Resources Commission (TWRC, which oversees TWRA), by a 9 : 4 vote selected Ed Carter from a field of 5 finalists (NL283 ¶3A). He assumed his new role on March 1. Carter joined the agency in 1972 (when it was called the Game & Fish Commission) and has held a number of high positions, the most recent being with TWRA's Boating Division, which he headed from the time it was formed in 1991.
Gary Myers, during his many years of service, was a faithful champion for wildlife of all sorts (and not only the huntable or fishable kinds). In addition, he was tireless in finding and using the means (including land acquisition) for protecting areas that constitute threatened habitats. In this endeavor, he had frequent, mutually productive contact with the Tennessee Parks & Greenways Foundation. The fact that Ed Carter has also been in touch with TPGF bodes well for his interest in habitat protection. TCWP looks forward to getting to know Mr. Carter.
3B. Victory for clean stream and caves near Fall Creek Falls
[Information from TSRA's February Watershed]
A battle that began more than 8 year ago is finally over. It started with a May 2000 decision by the Tenn. Water Quality Control Board (WQCB) to permit the city of Spencer's new sewage-treatment plant to discharge into a clear mountain stream, Dry Fork. Not only is Dry Fork classified as a high-quality (Tier II) stream, but it runs through an extensive and ecologically significant cave system into Fall Creek Falls State Park. The battle against the WQCB's decision was taken up by caving and environmental groups and proceeded along a convoluted course, with interim victories and frequent reversals (NL242 ¶5A).
A major issue was an alternative treatment for the sewage. The groups concerned with protecting Dry Creek and the caves (the National Speleological Society, TSRA, TEC, and PEER) suggested that Spencer use land application for the discharge. EPA sponsored and funded a study to identify land suitable for application, and such land was indeed identified. Spencer, however, rejected the proposal. The groups went to court and eventually won their case. Last October, the Spencer Land Application Sewer Outfall was officially opened and dedicated.
The case set a precedent, and we owe thanks to the groups that fought it. TDEC's permitting procedures for sewage plant outfalls have been changed. The agency no longer designates streams without looking first to alternative methods, such as land application.
4. TVA NEWS
4A. Watts Bar Reservoir Land Management Plan: the Final EIS
The revision to TVA's 1988 Plan has been a long time in the making. It was originally issued in 2005, but put on the shelf because TVA was about to develop a new Land Policy, to which the Plan needed to conform. This Policy was adopted in November 2006 (NL271 ¶4A), and the Plan revision, altered to conform to it, was published as a Draft EIS (DEIS) in August 2007 (NL275 ¶4A and insert). TVA received about 250 comments and released its Final EIS (FEIS) about a month ago. The Plan is expected to be approved at the April meeting of the TVA Board.
As in the 2007 DEIS, the alternatives were: A (No Action, i.e., retain the 1988 Plan), B (Development and Recreation, and C (Conservation and Recreation); both B and C have been somewhat modified from the 2007 draft. Although a very large number of comments had cited environmental concerns and voiced a preference for Alternative C, TVA has stuck with its Preferred Alternative, Modified B, “which provides suitable opportunities for economic development and the conservation of natural resources.” TVA concedes, however, that “The environmentally preferred alternative is Alternative C, which has the least adverse impact on the environment … .” Several important TCWP suggestions for changes have been accepted for the revision, and features of the Draft that we commended have been retained in the Final EIS (see below).
In our original analysis ((NL275 ¶4A), we provided a tabular comparison of A, B, and C with regard to the acreages in different Zones. The most protected is Zone 3, Sensitive Resource Management (Small Wild Areas, Habitat Protection Areas, Ecological Study Areas). Other green space, but less protected, is Zone 4, Natural Resource Conservation (for “enhancement of natural resources for human use and appreciation,” including wildlife or forest management). Developments can occur in Zone 5 (Industrial), Zone 6 (Developed Recreation, e.g., marinas, parking areas), and Zone 2 (Project Operations (e.g., TVA power plants, dam operations). The acreage numbers in these various categories have changed somewhat from the 2007 DEIS. They are summarized in the Table below, derived from the FEIS's Table 2-2-1. In the last column, we show the acreages by which Alternatives B and C differ.
4B. New TVA Board Chairman is former chair of Republican Party
[Information from Southern Alliance for Clean Energy]
On February 4, the TVA Board, by a vote of 4 : 3, elected Mike Duncan as their new chair. Duncan is the former chairman of the Republican Party, and his election has been widely criticized as an overly partisan move that could politicize the TVA Board, a body that is expected to determine the direction of TVA for the next five years.
Near the end of February, 10 Southeastern environmental organizations sent a resolution to Pres. Obama and the Congress, requesting that environmental interests be represented on the TVA Board of Directors. This resolution reads, in part:
“We the undersigned hereby call on President Obama to appoint, and for the U.S. Senate to approve, individuals with the experience and knowledge necessary to understand TVA's impact on our natural environment and recognize the opportunities that energy efficiency and renewable energy present to improve the quality of air, land and water in the Southeast and reduce the nation's contribution to worsening global climate change. A demonstrated track record of environmental leadership and support for the application of innovative technology to quickly improve and expand TVA's energy conservation, efficiency and renewable energy programs should be a necessary qualification for future appointees to the TVA Board.
“Given TVA's critical role in our nation's energy future and global warming impact, we ask that there be prompt action on filling the current vacancies on the TVA Board with individuals with the above-mentioned qualifications. Such appointments will represent a first step towards TVA once again fulfilling its mandate to act as steward to the environment while continuing to provide affordable electricity and navigable waters to the citizens of the Tennessee Valley.”
5. CHEROKEE NATIONAL FORESTS
5A. Tennessee Wild will work for additional Wilderness designations
The new coalition, Tennessee Wild, is working to get additional areas of the Cherokee National Forest (CNF) included in the National Wilderness Protection System. Initial focus is on the southern portion of the CNF and on adding acreage to existing designated Wilderness (NL283 ¶5B). Representatives of the coalition, which includes Cherokee Forest Voices, the Smoky Mountains Hiking Club, the Sierra Club, TCWP, and other groups, met in Chattanooga on January 22 and discussed strategies for various actions, including a campaign to add the Upper Bald River roadless area to the existing Bald River Gorge Wilderness. The southern Cherokee NF lies in the districts of Congressmen Duncan and Wamp.
5B. Wilderness Workshop
Tennessee Wild will sponsor a Wilderness Workshop on June 27, 10am – 5pm, at the Tennessee Valley Unitarian Church, Knoxville. It's a good way to learn more about how to protect Tennessee's remaining National Forest wildlands. Events will include hands-on workshops and several esteemed and nationally known guest speakers. Sunday, June 28, will feature an optional outing to the Upper Bald River Wilderness Study Area. Registration is required. Contact Jeff Hunter, 423-322-7866, or Jeff@safc.org.
5C. Will a major new road traverse the Southern Cherokee NF?
[Contributed by Sandra Goss]
Last month, TCWP Executive Director Sandra K. Goss was invited by the Tennessee Department of Transportation (TDoT), to serve as a member of the Citizens Resource Team (CRT) being assembled for the development of the US 64 (Corridor K) improvement project from west of the Ocoee River to Ducktown. Some of the construction alternatives previously proposed would traverse presently unspoiled portions of the Cherokee National Forest and would impact steep forested terrain.
The CRT is part of TDOT's Context Sensitive Solutions process to ensure a collaborative, interdisciplinary approach that involves all stakeholders to develop a transportation facility that fits with the natural, cultural, and physical environment.
Throughout the planning and environmental review for US 64 (Corridor K) project, the CRT will address many challenging and important issues. TDOT plans to issue a new Environmental Impact Statement (EIS) for the project with the usual public meetings and comment periods.
As early as the 1960s, the Appalachian Regional Commission proposed Corridor K, which is part of the 127 miles between I-75 in Bradley County, Tennessee (Cleveland area) and the Appalachian Development Highway System (ADHS) Corridor near Dillsworth NC.
About 5 years ago, TCWP attended public meetings and provided comments on an EIS for Corridor K. At that time one of the alternatives involved serious impacts on the Cherokee National Forest. That EIS has been officially rescinded. The CRT is projected to work on the project for the next 12 to 18 months.
5D. National forests could store more greenhouse gases
[Information from Forest Service Employees for Environmental Ethics]
Our 192 million acres of public forests have the potential to increase their photosynthesis storage of CO2 by 43% -- an effect equal to removing 13-24 million cars per year from our nation's roads. To achieve this potential, it would be necessary to modernize the 1960 Multiple-Use Sustained-Yield Act so as to provide a legal basis for the Forest Service (USFS) to manage forests in a manner that reduces global warming, and to make this a priority. USFS scientists need to be mobilized to make the case for change. It will also be necessary to explain to Congress the important role National Forests can play in the global climate.
A particular case is the Northwest Forest Plan, which protects >8 million acres of ancient forests in three states – forests that store more carbon per acre than anywhere else on Earth. This Plan would benefit by the addition of carbon sequestration to its directive
6. SMOKIES ISSUES
6A. Bush Administration failed to resolve the North Shore Road monetary settlement
The outgoing Bush Administration made no effort to provide the funds required for the monetary settlement that was due Swain County, NC, in return for not having the North Shore Road constructed. There have been rumors that Dirk Kempthorne, Bush's Secretary of the Interior, held back the money (usually agreed upon to be $52 million) in a deliberate move designed to do political harm to Rep. Heath Shuler (D-NC11) in his 2010 re-election bid.
Now that a new Administration is in place, Rep. Shuler will need to convince Interior Secretary Salazar and President Obama's Chief of Staff, Rahm Emanuel, a former colleague of his in the House of Representatives, of the need for the monetary settlement. It is not clear yet what role the National Park Service will play. We are waiting to find out whether, and how, we can help.
6B. North Carolina's success in court should improve Smokies' air
Because the Bush Administration was systematically weakening regulations designed to clean up smokestack emissions, North Carolina's attorney general Roy Cooper, in 2006, sued TVA on the grounds that pollution from TVA coal-fired steam plants in other states constituted a “public nuisance” to citizens of North Carolina. In January of this year, Lacy Thornburg, a federal district judge in NC, ordered TVA to reduce emissions from four of its power plants (including Kingston, Bull Run, and John Sevier in East Tennessee) that were polluting his state. Judge Thornburg found that the TVA had failed to install pollution controls in a timely manner, and ordered that this be done, on a schedule that varies from plant to plant but beats TVA's own target of 2015 or later.
7. NATIONAL NEWS
7A. Big public lands/wilderness bill fails by 2 votes, but will be back
The Omnibus Public Lands Management Act, which has been several years in the making (NL282 ¶9A), is an amalgam of ~160 public-lands bills. It adds nearly two million acres of wilderness in 8 states to the 107M-acre national wilderness system, the biggest addition since 1994. The bill also protects hundreds of miles of river, prevents new oil and gas leasing along the Wyoming Range, and makes permanent the 26M-acre National Landscape Conservation System of unspoiled lands in the West. The bill was finally passed by the Senate in January of this year, thanks to the efforts of Majority Leader Harry Reid to bring it up early (NL283 ¶7A).
All that remained was for the House to accept the Senate bill as passed. Because even minor amendments would greatly delay this important and already long-delayed measure, the bill was brought up under suspension of the rules, a procedural maneuver that bars amendments but requires a two-thirds majority for passage.
On March 11, despite strong, bipartisan support, this historic wilderness bill fell just 2 votes shy of a two-thirds House majority. The final vote was 282-144 in favor. 248 Democrats (including all 5 Tenn. Democrats) voted with 34 Republicans (including Rep. Wamp [TN-3]) in favor; 144 Republicans (including Tennessee's Roe, Duncan, and Blackburn), joined by 3 Democrats, voted against. Six (3R and 3D) did not vote.
This is by no means the end of this legislative effort. There are a number of ways in which the bill can pass and it is expected to re-emerge very soon. The bottom line is that there is strong support in the Congress for this legislation.
| WHAT YOU CAN DO: If your House Member voted for this bill, express your thanks (see p. 2). If he/she voted against it, let them know you are disappointed and hope they'll do better next time. |
7B. Mountain-top removal: a bad court ruling
In March 2007, US District Judge Robert C. Chambers ruled that the Army Corps of Engineers was violating the federal Clean Water Act by not properly considering environmental impacts before issuing Clean Water Act §404 (“Dredge and Fill”) permits for mountaintop removal mines to bury streams (NL274 ¶5C). The Corps had not conducted adequate environmental reviews or mandated sufficient measures to minimize stream destruction.
About a month ago, however, the 4th U.S. Circuit Court of Appeals in VA, by a 2 : 1 vote, rejected Judge Chambers' decision. The appeals court panel ruled, among other things, that the Corps had sufficient expertise and discretion to conclude that the mining operations in question would cause no significant environmental degradation. Almost ridiculously, part of the ruling was based on OSM'S reliance on a 1996 biological opinion that basically says that no surface mining anywhere in the country will harm threatened or endangered species or critical habitat provided the SMCRA law and regulations are followed. This majority opinion was written by two judges. The third one, Judge M. Blane Michael, wrote a detailed dissent.
The panel's ruling could open the floodgates, unleashing a backlog of 80 or 90 permits that have been on hold. This huge number of new mountain-top removals could destroy major sections of the Appalachian mountains. A number of environmental groups, led by EarthJustice, may request that the case be re-heard by the full 4th Circuit (something called a rehearing en banc), and could even file an appeal with the U.S. Supreme Court.
In the meantime, there may be some action on the Administrative front concerning the Stream Buffer Zone (SBZ) rule (see ¶8A, this NL).
7C. Is “Clean Coal” an oxymoron?
Coal is in plentiful supply in this country, and is the cheapest source of power for electricity production. It fuels half of all electricity generated but contributes more than two-thirds of all CO2 emissions from the electric-power sector (Energy Information Administration). The recent stimulus bill includes $3.3 billion in coal money (wvgazette.com, 2/14/09):
– $1 billion for fossil energy research and development
– $800 million for the “Clean Coal” power initiative, round-III funding (that's a $200 million cut from the Senate version)
– $1.5 billion for “a competitive solicitation for industrial carbon capture and energy efficiency improvement projects.”
The coal industry has recently been spending heavily on a TV advertising campaign touting Clean Coal. But people familiar with coal-generated electricity have long had doubts whether there is such a thing. Even the general public has recently begun to feel some doubts, partly as a result of the news coverage of the December spill of large quantities of toxic coal ash stored at the Kingston Steam Plant, and the information that, across the country, there are about 300 such storage ponds and landfills at power plants. Coal combustion in this country produces 130 million tons of coal ash annually, enough to fill a train of box cars stretching from Washington, DC, to Australia. EPA is launching a review of coal-ash storage facilities and will propose regulation by the end of the year.
But there are many serious problems with coal, in addition to coal-ash disposal. At this time, no good technology has been developed for capturing and safely storing large quantities of CO2 emissions. And, worst of all, there is no “clean” way of getting the coal out of the ground. Even if mountaintop removal were barred, the facts are that surface-mining of coal devastates huge areas of land and water, and that underground mining endangers human survival and health.
7D. Park money increased; land-acquisition funds, hopefully, also
1) The stimulus bill (ARRA), signed on Feb. 17, contains almost $1 billion for national parks, as follows:
$ (millions)
589 Construction
170 Roads
146 Operations
15 Historic Preservation
This investment, which should help to restore the infrastructure of our parks, will create jobs in rural and urban communities.
(2) Unlike Park operating funds, money to acquire land for parks and other open space comes from the Land and Water Conservation Fund (LWCF), created in 1965. This Fund, fed by offshore oil drilling revenues, is authorized at $900 million annually, to be spent federally or granted to the states. But the amounts actually appropriated have been dramatically below the authorized level, especially during the latest decade (despite Bush's campaign promise to “fully fund” the program). The Bush budgets routinely asked for only paltry sums, and compliant Congresses routinely diverted the balance of the authorized money to the general treasury for deficit reduction. For the present fiscal year, only $155 million were appropriated, and the state side of the program was totally zeroed out.
President Obama's budget, by contrast, requests $420 million for the next fiscal year, and the full funding of $900 million by 2014. Now, we must be sure that the corresponding appropriations are made by the Congress.
7E. Clean-energy $$ in the stimulus bill
[Information from SACE]
The stimulus bill contains up to $78.6 billion of investments and incentives for clean energy, including the following (in billions of dollars, unless otherwise stated).
• $5 for the Weatherization Assistance Program
• $3.2 for Energy Efficiency Block Grants
• $3.1 for the State Energy Program
• $4.5 to improve energy efficiency in federal buildings
• $500 million for green jobs
• $8 billion for inter-city, high-speed rail
• Over $2 billion in tax credits for plug-in hybrid electric vehicles
Many local and state governments have already begun to look at how to acquire funding from the economic recovery package. Interested citizens are advised to check with their state energy office or city manager's office to see what money for clean energy is expected for their community and what projects the investments will support.
8. REVERSING SOME BUSH ASSAULTS ON THE ENVIRONMENT
In its last two months, the Bush Administration rushed through a series of regulatory changes, sometimes referred to as the “midnight rules” (NL282 ¶8B). Immediately after President Obama's inauguration (on the same day), all agencies and departments were asked to conduct a “Regulatory Review” to identify options for suspending or stopping any undesirable rules.
Those for which the effective date had already passed can be undone in three ways: (1) undertake a new rule-making process, which can take months or even years; (2) ask Congress to revoke the rule under the rarely used Congressional Review Act which is subject to short deadlines; (3) if a suit has been brought against the rule, step aside and not defend the rule in court. Below, we provide brief summaries of the progress in undoing some of the harmful Bush Administration actions against the environment. (In addition to the ones covered here, there have been good actions by Sec. Salazar with regard to offshore drilling and oil-shale development.)
8A. Stream buffer zone (mountain-top removal)
The effective date for the Bush rules change that essentially eliminated the requirement for a 100ft stream buffer zone (NL282 ¶4 and ¶8B) had already passed. However, law suits have been filed against the government by NPCA on January 16, and by other groups in December. The remedy is thus expected to come through alternative (3) in the above paragraph.
8B. Endangered Species Act (ESA)
IThe Bush Administration eliminated the requirement that the probable impacts of a proposed federal project (such as a dam or highway) on at-risk species must be studied by scientists at the US Fish & Wildlife Service or the National Marine Fisheries Service. Instead, the Bush rule allowed the agency proposing an action to determine on its own whether any species would be harmed by the action (NL282 ¶8B). The rules change also specifically prohibited endangered-species determinations to be based on effects of climate change.
Early in March, Pres. Obama, on a visit to the Interior Department, announced that he had signed a memorandum directing the Interior and Commerce Departments to review the Bush administration rules change. Until this review is complete, agencies must return to the former practice of seeking and acting on scientific advice. The U.S. Chamber of Commerce, condemned Pres. Obama's directive as an unreasonable interference with needed projects; and Republicans in Congress said the President's action could lead to needless delays in projects financed by the stimulus package.
Congressional actions in both directions may be forthcoming: undoing the Bush rules change or reinforcing it. In addition, an EarthJustice lawsuit is pending against the Bush rule.
8C. GHG emissions from automobiles: two important directives
During his first week in office, Pres. Obama did more to reduce oil dependency and fight global warming than had been done in the preceding 8 years. He signed two directives that address automobile fuel efficiency.
(1) States have long had the right to set stronger air-pollution standards than the rest of the nation, and their requests for federal permission to do so were routinely approved in the past. California's proposal to do so with regard to green-house-gas emissions from cars and trucks was, however, rejected by the Bush Administration, which cited a number of non-supported arguments. This rejection affected an additional 13+ states that had followed California in requiring stronger limitations for transportation-caused GHG emissions.
Just 6 days after his inauguration, Pres. Obama directed the EPA to immediately consider California's application. If approval is given, as expected, new cars sold in that state and at least 13 others will have to reduce their global warming pollution by 30% between 2009 and 2016. In addition to the 13 states and the District of Columbia that have already adopted the California standards, at least 4 others have pledged to do so. Granting the California waiver to regulate tailpipe emissions would thus affect about half the U.S. auto market, and this should force automakers into a faster timetable for producing cars and trucks that are considerably more fuel-efficient than current models.
(2) Another directive, signed along with the one pertaining to the California waiver, orders the Transportation Department to publish the new national fuel efficiency guidelines (beginning with the 2011 model year) by March 30. The 2007 energy bill required that the current average fuel efficiency of 27.5 mpg be increased to ~35 mpg by 2020 at the latest, but the Bush Administration never issued near-term guidelines for tighter fuel-efficiency standards.
The California standards (if the waiver is granted) will require this target to be reached 4 years earlier, and this could result in more efficient new cars being on the road starting in 2010. “Our goal is not to further burden an already struggling [auto] industry” (as has been asserted by congressional Republicans), but to help American automakers “prepare for the future” and “thrive by building the cars of tomorrow.”
8D. Oil/gas leases on scenic Utah lands
[Information from SUWA ]
In December 2008, the Bush Administration sold large numbers of oil & gas leases on 110,000 acres of Utah's Redrock wilderness near Arches and Canyonlands National Parks, Dinosaur National Monument, in Desolation Canyon, and elsewhere (NL282 ¶8B). These lease sales were made possible because of six seriously flawed, unbalanced Resource Management Plans that the Bush administration had promulgated for these BLM lands -- plans that open large swaths of Utah's wilderness-quality lands not only to oil and gas leasing, but to destructive off-road vehicle use. Following a suit brought by NRDC, SUWA, and other groups, a federal judge in January granted a temporary restraining order that prevented the Bureau of Land Management from finalizing the lease sale (NL283 ¶7E).
On February 4, Obama's Interior Secretary Ken Salazar canceled the sale of 77 oil and gas leases. This is a great beginning, which must now be followed up by major revisions of the BLM Resource Management Plans so as to prevent destructive drilling and ORV use, and to include designations of Wilderness Study Areas and Wild & Scenic Rivers.
| WHAT YOU CAN DO: Thank Sec. Salazar (see Political Guide) for canceling the lease sales in Utah's scenic red-rock country. Urge him to follow up by revising the flawed BLM Resource Management Plans. |
8E. One blot on the record: Salazar fails on wolf protection
[Information from NRDC]
Another one of the Bush Administration's disastrous midnight rules stripped wolves in the Northern Rockies of their “endangered species” protection -- leaving them vulnerable to mass killing under deadly state management plans. These wolves have formidable enemies. Idaho has declared that it wants no wolves in the state whatsoever -- and has a plan that could kill more than half of its approximately 700 wolves, even wolf pups. (The governor wants to bag the first wolf.) The wolves of Wyoming and Montana face similar adversaries. And the shooting could start right during the breeding season. In the meantime, the wolf populations in Yellowstone National Park are plummeting as pups die of a yet-to-be identified disease.
Pres. Obama put a freeze on the Bush rule, pending review by the new Interior Secretary, Ken Salazar. Sadly, on March 6, Sec. Salazar announced that he would follow the discredited path of the Bush Administration and de-list wolves in the Northern Rockies and Greater Yellowstone region.
| WHAT YOU CAN DO: Contact Sec. Salazar (see Political Guide) and remind him of his pledge to rely on sound science when managing wildlife. Scientific evidence clearly supports continuing protection for the wolves in the Rockies. |
9. OAK RIDGE NEWS
Greening Oak Ridge: A Community Forum for Shaping a Green Future
[Contributed by Jimmy Groton*]
On January 17, EQAB sponsored an event at the Oak Ridge Civic Center that provided an opportunity for Oak Ridge citizens to come together and express their ideas for creating an economically viable green future for Oak Ridge. The public workshop was one component of EQAB's efforts to present recommendations to City Council on how to make Oak Ridge a sustainable community -- a community that addresses current needs without threatening the ability of future residents, businesses, or organizations to meet their own. An announcement of the event stated: "The thoughts and suggestions of Oak Ridge citizens will help define EQAB's proposal of ways to reduce energy use and costs, improve air quality, protect the natural environment, maintain a vibrant economy, and enrich the quality of life." EQAB used the Chattanooga
Green Climate Action Plan (http://www.chattanooga.gov/ChattanoogaGreen_ChattanoogaGreen.htm) as a model for discussion issues. Community leaders from Chattanooga and ICLEI spoke and participated at the Oak Ridge forum.
More than 100 people attended the meeting. Participants rotated through a series of six roundtable discussions to provide their thoughts on ideas to achieve sustainability in the city. Subject areas included the Built Environment (e.g., Smart Growth, Zoning, Building Codes, and Brownfields), Air Quality and Transportation, Water Quality and Quantity, Business Opportunities (e.g., potential responsibilities for businesses, green collar jobs, and impact of other ideas on businesses), the Green Environment (e.g., open space, urban forest, and biodiversity), and Governmental Policies. Each forum participant had the opportunity to speak on each topic, and facilitators ensured that conversations were balanced and all ideas recorded. In all, participants provided nearly 500 individual suggestions.
For the past several weeks EQAB has been working diligently to consolidate the comments and to rank them according to the ease of their implementation, effectiveness, and rough magnitude of cost. EQAB will utilize this information as they develop a draft sustainability plan for the city. The draft plan will be presented to council later this spring.
*[Jimmy Groton is Chairman of EQAB]
10. TCWP NEWS
10A. Political Guide
The Political Guide for 2009 is enclosed with this Newsletter. Please keep it in an easily accessible place and use it often for contacting federal and state administration members and elected officials at all levels.
10B. Upcoming activities
[Contributed by Carol Grametbauer]
Oak Ridge Greenway Exotics Removal and Wildflower Walk – Saturday, April 11
The Greenway behind Oak Ridge's Rolling Hills Apartments (formerly called the Garden Apartments) is one of the best wildflower trails in Anderson County, but is threatened by garlic mustard, a very invasive exotic that pushes out native plants. Volunteers can help TCWP and Greenways Oak Ridge remove this harmful plant and also enjoy a wildflower walk with TCWP board member and plant ecologist Larry Pounds.
We will meet at 10 a.m. at the rear parking lot (near the woods) behind 101-135 West Vanderbilt Drive. Wear sturdy shoes and weather-appropriate clothes, and bring water, food/snacks, and a digging spike or similar tool if you own one.
Bird-watching hike at Frozen Head – Saturday, May 2
Again this year, Chuck Estes will lead a ~4-mile hike with plenty of bird-watching opportunities. Meet at 8 a.m. at the gate for the jeep trail, located at the end of the Frozen Head State Park campground. We will hike the jeep trail for about 2 miles to the first gap (gaining about 1,000 feet), looking for warblers and especially the Cerulean warbler. Frozen Head is prime nesting territory for the Cerulean warbler, which loves the canopy of the high-elevation mountains of the Cumberland Plateau. Our hike will provide an excellent opportunity to see this bird. We will return down the jeep trail. Bring plenty of water and a lunch snack, and wear sturdy shoes. Total trip time will be 5-6 hours.
North Ridge Trail workday – Saturday, June 6
The North Ridge Trail was developed by TCWP about 40 years ago and subsequently designated both a State and federal Recreation Trail. Over the decades, we've had a major role in its maintenance, overseen by dedicated trail stewards.
Our North Ridge Trail steward, Susan Donnelly, is again this year organizing a work session for National Trails Day. See the May newsletter for time and exact location.
In NL281 ¶8A, we described an Adopt-A-Segment Program developed by TCWP's Trail Steward, Susan Donnelly, to encourage a broader effort for maintaining our great North Ridge Trail. To volunteer for this program, contact Sandra Goss at sandra@sandrakgoss.com or 865-522-3809.
Additional information on all TCWP activities may be obtained from TCWP Executive Director Sandra K. Goss at Sandra@sandrakgoss.com or at 865-522-3809.
10C. Volunteers
The Political Guide that is enclosed with this Newsletter was produced by Carol Grametbauer. This year presented an extra challenge for Carol because so many positions had changed, requiring a great deal of research and verification. She deserves our deepest gratitude.
Several people (Carol Grametbauer, Jimmy Groton, Sandra Goss, Cindy Kendrick) contributed articles for this Newsletter, and we thank them all.
Many thanks, also to the following who assembled NL283 for mailing on January 22: Carol Grametbauer, Frank Hensley, Charlie Klabunde, Lee Russell, Hal Smith.
TCWP cannot function without people volunteering for numerous tasks, some small and easy, others large. In addition to the numerous services that need performing (stuffing a mailing, helping to set up a meeting, leading a hike, etc., etc.), there are the issues, which may seem daunting to you. If you wish you could do more about any of the issues mentioned in this or other Newsletters, don't feel you are too ignorant or powerless. Contact Sandra (Sandra@sandrakgoss.com, or 865-522-3809) and she'll get you in touch with the right person who can help you get started.
10D. Report on recent events
Whites Creek workday – January 24
[Contributed by Carol Grametbauer]
TCWP coordinated with TVA's Heritage Resources and Water Stewardship staff for a trail maintenance workday at TVA's Whites Creek Small Wild Area on Watts Bar Lake in Rhea County. The work group was composed of more than 20 volunteers, including seven TCWP members, two non-members who formerly hunted on the adjacent Bowater land, and nearly a dozen members of Boy Scout Troop 153 from Westel. Volunteers helped clear downed trees and remove brush from the trail. This was the second year we were able to work with the scouts at Whites Creek. TCWP has partnered with TVA since 1984 to enhance and protect natural resources at Whites Creek SWA and other places throughout East Tennessee as part of our ongoing stewardship efforts. ]
Program by Margie Hunter, TN Exotic Pest Plant Council – February 26
[Contributed by Carol Grametbauer]]
More than 60 people came to hear Margie Hunter describe the benefits of gardening with native plants, and the issues to consider when planting non-natives. In her talk, presented during Invasive Weed Awareness Week in Tennessee, she set forth three general guidelines: Be respectful of rare plants; be wary of wild-collected native plants sold by nurseries (plants should be nursery-propagated, not just nursery-grown), and be ruthless in removing exotic invasive plants. Margie showed us photos of many native plants and described their culture in our home landscapes. Her program was cosponsored by TCWP, the University of Tennessee Arboretum Society, and the Oak Ridge Garden Club.]
Cumberland Trail Workday – February 28
[Contributed by Jimmy Groton]]
Five volunteers braved the threat of cold, wet weather to help with routine trail maintenance on TCWP's adopted section of the Cumberland Trail between Nemo Picnic Area and Alley Ford at the Obed Wild and Scenic River. The weather cooperated a little and volunteers removed brushy vegetation from the 2.5-mile section of trail. Participants included a post-doc at ORNL from the Basque country of Spain and an AP Environmental Studies student from Carter High School in East Knoxville. TCWP adopted the Alley Ford segment of the Cumberland Trail in 1998 and has been a proud supporter of the Trail ever since.
11. CALENDAR; RESOURCES
[Contributed by Carol Grametbauer]
•• RESOURCES