The longstanding legal battle over maintaining dams and salmon in the Columbia River is back in court this week. On Tuesday, a new judge will hear arguments on the Obama administration’s latest salmon plan.
Conservation groups along with the state of Oregon and the Nez Perce Tribe have challenged the 2014 biological opinion, or BiOp, that guides dam operations. They’ll argue their case before Oregon U.S. District Court Judge Michael Simon, who took over the case when Judge James Redden retired.
The question behind the case: how to offset the impacts of Columbia River dams on threatened and endangered salmon and steelhead. That question has been subject to more than 20 years of legal conflict. Tuesday’s hearing is a continuation of a lawsuit that was filed in 2001.
Federal agencies that run the Columbia River hydropower system have submitted several salmon protection plans under the Clinton, Bush and Obama administrations, but they’ve all been challenged and ultimately rejected in court. The U.S. Army Corps of Engineers, National Oceanic and Atmospheric Administration, U.S. Bureau of Reclamation and Bonneville Power Administration will defend their 2014 plan on Tuesday.
Supporters of the plan say strong salmon returns in recent years prove the latest plan is working. But opponents say it doesn’t do much more to protect salmon than previous plans already struck down by the courts.
Before retiring, Redden rejected the Obama administration’s 2011 salmon plan. After announcing he would step down from presiding over the case, he said in an interview that the four dams on the lower Snake River should be removed as a way to help struggling salmon runs. He also supported spilling more water over dams and increasing water flows to help young salmon and steelhead migrate to the ocean.
Joseph Bogaard, executive director of the plaintiff group Save Our Wild Salmon, said the administration’s new plan doesn’t consider Redden’s recommendations, and it actually allows the government to reduce the amount of water spilled over dams to help fish.
“So, they’re moving in the wrong direction,” he said. “In many ways this plan is simply just a recycled version of the plan that was invalidated by the court in 2011. Though, this plan actually allows for a reduction in spill. So, in that regard the new pan is actually weaker than the plan it seeks to replace.”
Terry Flores of Northwest RiverPartners represents commerce and industry groups that defend dams on the Columbia and lower Snake rivers. She said the current salmon plan does a lot to help salmon, including investing around $100 million a year in habitat restoration. High rates of salmon survival show that the plan is working, she said, including the amount of water being spilled over dams to help fish.
“We’re seeing incredible results,” she said. “The federal agencies did look at the spill program and reached the conclusion that it’s working very well. It wasn’t like they didn’t look at it. They looked at it and said it is absolutely working.”
Flores said only Congress can address the removal of the lower Snake River dams.
This seems counterintuitive. Why would we kill wild salmon if we are hoping to save them? The fact is, salmon are big business and consumers wield tremendous power through their purchasing decisions. When you buy and eat wild salmon, you are investing your dollars in our nation’s sustainable wild-salmon fisheries.
On June 4, U.S. District Court Judge H. Russel Holland released a ruling in a lawsuit filed by the Pebble Partnership against the U.S. Environmental Protection Agency. Pebble has plans to build North America’s largest open-pit copper mine in the headwaters of Bristol Bay in Alaska — home to North America’s largest remaining wild-salmon runs. The EPA’s involvement in Bristol Bay came at the request of tribes, commercial fishermen, sportsmen and business owners, but the court ruling earlier this month temporarily keeps efforts to protect Bristol Bay through the Clean Water Act on hold.
So what can be done in the meantime to protect this world-class resource?
First, educate your family and friends about wild salmon.
This spring, in partnership with commercial and sport fishermen, Alaska Native residents, chefs and conservationists, we completed a national tour of “The Breach,” a documentary film about the history and future of our last great wild-salmon runs. As a filmmaker and former Alaska salmon fishing guide, and a chef who serves wild salmon, we are both motivated by wild salmon economically. But it’s more than that.
We, like most people living in this part of the world, revere salmon as the iconic keystone species they are. They’re not simply a product to be pumped out of a factory — they are the very lifeblood for 137 different creatures when they return to our rivers and streams with the ocean’s nutrients inside them. They are an irreplaceable part of our Northwest landscape — they’re even inside the trees. And yet their future here remains uncertain.
As “King of Fish” author David R. Montgomery says in the documentary film, “We haven’t done a particularly good job of protecting the resource when it comes to wild salmon.” That’s true.
Historically, European and American settlers overfished wild salmon until their numbers crashed. Worse, salmon spawning rivers were destroyed when they were dammed, polluted and scoured by rapacious logging and mining practices. Hatcheries and open-net-pen fish farms designed to mitigate this damage have in the long run actually caused more.
Thankfully, there are some healthy runs of wild salmon left — and great strides under way — such as the removal of the two Elwha River dams, which provide real hope for seeing wild salmon return. But of all the fully sustainable wild-salmon runs remaining in North America, none are as strong or as vital as the runs in Bristol Bay in Alaska.
Unfortunately, instead of listening to science and the opinions of 65 percent of Alaskans, the Pebble Limited Partnership decided to sue the EPA and delay the protection process that millions of Americans have asked for.
Within weeks, more than 50 million wild sockeye salmon will return to Bristol Bay — the most in decades. Alaskan salmon are protected by the most stringent management practices in the world. In fact, protection of salmon was mandated by law in Alaska’s constitution in 1959.
When we purchase wild salmon, we’re purchasing a food source that is the same as it’s been for millennia — fed by the krill and currents of the open ocean. It’s nutritious and sustainable — and in Bristol Bay alone, provides 14,000 jobs on the West Coast, to the tune of $1.5 billion to the American economy. That simply can’t be said about other non-wild salmon options in the marketplace.
The choices we make with our forks and our dollars will affect what remains for future generations. If we demand wild salmon on our plates, we are demanding healthy habitat where wild salmon can thrive in perpetuity. And wild Bristol Bay sockeye can be purchased year-round, flash frozen or canned, with the same nutrients, quality and flavor as the day it was pulled out of the water — for a price affordable to most.
At the end of “The Breach,” Montgomery finishes his statement about human interaction with wild salmon by telling us, “If we don’t get Alaska right, we may have a clean sweep of getting it wrong.”
So what can else can we do?
Telling the Obama administration how we feel about wild salmon in Bristol Bay is the next best thing. But fundamentally, if we revere wild salmon — as 90 percent of us say we do here in the Pacific Northwest — we need to pick up our fork and insist they remain, by eating them.
A writer and director, Mark Titus recently directed “The Breach,” an award-winning documentary about wild Pacific salmon. Tom Douglas, a chef and owner of a diverse group of Seattle restaurants, co-produced “The Breach.”
Source: Press Release, United States Department of Agriculture
WASHINGTON, June 22, 2015 – Agriculture Secretary Tom Vilsack today announced the availability of $17.5 million in financial and technical assistance to help eligible conservation partners voluntarily protect, restore and enhance critical wetlands on private and tribal agricultural lands.
“USDA has leveraged partnerships to accomplish a great deal on America’s wetlands over the past two decades, Vilsack said. “This year’s funding will help strengthen these partnerships and achieve greater wetland acreage throughout the nation.”
Funding will be provided through the Wetland Reserve Enhancement Partnership (WREP), a special enrollment option under the Agricultural Conservation Easement Program’s Wetland Reserve Easement component. It is administered by the Natural Resources Conservation Service (NRCS). Under WREP, states, local units of governments, non-governmental organizations and American Indian tribes collaborate with USDA through cooperative and partnership agreements. These partners work with willing tribal and private landowners who voluntarily enroll eligible land into easements to protect, restore and enhance wetlands on their properties. WREP was created through the 2014 Farm Bill and was formerly known as the Wetlands Reserve Enhancement Program.
Wetland reserve easements allow landowners to successfully enhance and protect habitat for wildlife on their lands, reduce impacts from flooding, recharge groundwater and provide outdoor recreational and educational opportunities. The voluntary nature of NRCS’ easement programs allows effective integration of wetland restoration on working landscapes, providing benefits to farmers and ranchers who enroll in the program, as well as benefits to the local and rural communities where the wetlands exist.
Proposals must be submitted to NRCS state offices by July 31, 2015. Projects can range from individual to watershed-wide to ecosystem-wide. Under a similar program in the 2008 Farm Bill, NRCS and its partners entered into 272 easements that enrolled more than 44,020 acres of wetlands from 2009 through 2013. Most of these agreements occurred through the Mississippi River Basin Healthy Watersheds Initiative (MRBI). Through partnerships, MRBI identifies high-priority watersheds where focused conservation on agricultural land can make the most gains in improving local, state and regional water quality. The new collaborative WREP will build on those successes by providing the financial and technical assistance necessary for states, non-governmental organizations and tribes to leverage resources to restore and protect wetlands and wildlife habitat.
Through WREP, NRCS will sign multi-year agreements with partners to leverage resources, including funding, to achieve maximum wetland restoration, protection and enhancement and to create optimum wildlife habitat on enrolled acres. WREP partners are required to contribute a funding match for financial or technical assistance. These partners work directly with eligible landowners interested in enrolling their agricultural land into conservation wetland easements.
Today’s announcement builds on the roughly $332 million USDA has announced this year to protect and restore agricultural working lands, grasslands and wetlands. Collectively, NRCS’s easement programs help productive farm, ranch and tribal lands remain in agriculture and protect the nation’s critical wetlands and grasslands, home to diverse wildlife and plant species. Under the former Wetlands Reserve Program, private landowners, tribes and entities such as land trusts and conservation organizations enrolled 2.7 million acres through 14,500 agreements for a total NRCS and partner investment of $4.3 billion in financial and technical assistance.
The funding announced today was authorized by the 2014 Farm Bill, which builds on historic economic gains in rural America over the past six years, while achieving meaningful reform and billions of dollars in savings for taxpayers. Since enactment, USDA has made significant progress to implement each provision of this critical legislation, including providing disaster relief to farmers and ranchers; strengthening risk management tools; expanding access to rural credit; funding critical research; establishing innovative public-private conservation partnerships; developing new markets for rural-made products; and investing in infrastructure, housing, and community facilities to help improve quality of life in rural America. For more information, visit www.usda.gov/farmbill.
Visit NRCS’s ACEP webpage to learn more about NRCS’s wetland conservation options.
HOQUIAM, WA (6/11/15)– Presenters at a Wednesday night public forum here, which focused on the probable economic and environmental impacts of increased storage and transport of oil in Grays Harbor County, concurred that the results could catastrophic, said Quinault Indian Nation President Fawn Sharp, who added, “the impacts on tribal culture would be beyond measure.”
“Coastal Washington, The Oil Industry’s Sacrifice Zone,” was held at the Little Theater at Hoquiam High School, organized by a coalition of local organizations rallying against the three proposed oil storage facilities at the Port of Grays Harbor and others along the Washington coast. The facilities, proposed by Westway Terminals, Imperium Renewables and U.S. Development, are currently undergoing environmental impact statements under supervision by the state Department of Ecology. Presenters included Ocean Shores Mayor Crystal Dingler, Washington Dungeness Crab Fisherman Association Vice President Larry Thevik and President Sharp. Numerous other local officials attended to demonstrate their opposition to planned oil expansion and the forum was moderated by Eric de Place, of Seattle-based think tank Sightline Institute.
President Sharp pointed out that tribal members have fished and gathered in the Grays Harbor region for hundreds of years and that increased oil traffic will make that more difficult.
“An oil spill would devastate the fish, shellfish and plants that sustain the QIN identity and culture, and would decimate the Grays Harbor economy,” she said.
To achieve a direct and accurate analysis of the potential impacts to Quinault rights and interests, the tribe hired an economist firm, Resource Dimension (RD) of Gig Harbor to do a comprehensive economic analysis of potential impacts the three proposed terminal projects would have on tribal treaty rights and economic interests. RD researched economic data, interviewed several tribal fishers and gatherers, and considered various oil spill scenarios to evaluate economic impacts to QIN from these facilities.
“One thing was clear from the beginning. It is impossible to assign an economic value to the cultural and spiritual aspects of our treaty-protected rights,” said President Sharp. “We will always fight to protect those rights, because they define us as a people. It’s who we are. But measureable economics are also important. In this case, the quantified economics clearly point out the folly of further expanding oil transportation and storage in Grays Harbor County,” she said.
The RD study found that in 2013 668.5 direct jobs were generated by Treaty fishery-based activities and select fishery-related QIN-owned businesses. Purchases made by these entities supported an additional 132.2 induced jobs in the region. The study also found that 107 indirect jobs supported $32.1 million of local purchases made by businesses supplying services to these firms. Direct wages and salaries amounting to $27.6 million were received by the 668.5 directly employed. Re-spending of this income created an additional $5.0 million of income and consumption expenditures in Washington, principally in Grays Harbor County. Those holding induced jobs received $4.3 million in indirect income. Businesses providing services to these firms received $84.7 million of revenues.
Also, in 2013, other QIN businesses contributed 907 jobs, $36.8 million in direct/indirect income, $84.6 million in business revenue, representing $32 million in local spending.
“These figures, which will continue to increase as we invest more in sustainable businesses, training and cooperative efforts with our neighboring communities, clearly demonstrate the profound importance of tourism and a healthy environment in the Grays Harbor area,” said President Sharp.
RD modeled three oil spill scenarios: one on the lower Chehalis River, one in Grays Harbor and one just outside the entrance to Grays Harbor to demonstrate potential economic losses from an oil spill. Among numerous other findings, it was determined that due to minimal containment due to limited spill response capability and tidal and climactic conditions, a spill in Grays Harbor would spread throughout the entire harbor and seaward in a matter of hours. Oil would not be able to be stopped before reaching sensitive areas in the harbor, and the oil would persist. It would kill salmon and other life forms, from the time it spills, for years to come. Shellfish would be particularly vulnerable and acute mortality would be expected. The crab and clam populations in and around Grays Harbor would be devastated, as would the economies based on them. At the minimum, modeled spill scenarios indicate that over the three years of the worst economic impact from a spill, between 105 and 151 tribal fishing jobs would be reduced. Tribal fishing incomes would be slashed from between $12.8 million and $17.1 million, and overall fishing incomes could reduce from between $24 million to $40 million.
Impacts to QIN businesses, such as the hotels, casino and QMARTS over a three-year period following a major spill could result in a loss of 118 to 229 jobs, along with personal income losses of $14.7 million to $28 million, QIN business losses of $29million to $70 million, and local purchasing losses of $10.3 million to $23.4 million.
“It’s important to remember that these are non-Indian as well as Indian jobs, and that ultimately the oil industry proposals result in just a handful of jobs. How much clearer can this decision be? The risk the oil industry is asking us to take is not worth it,” said President Sharp.
De Place first talked about the large number of proposed and active oil storage sites that have popped up in the Pacific Northwest since 2012, saying the amount of carbon in those projects is roughly equivalent to five and half Keystone XL Pipelines. He estimated the three terminals would result in 300 to 400 additional loaded oil vessels per year taking loaded crude oil out of the Harbor, with about 800 to 900 extra oil trains annually, or two and a half to three dangerous oil trains coming through Grays Harbor daily. He said the federally estimated cost to recover from a worst-case scenario derailment is about $5 billion, or at least ten times the amount of insurance most railways carry.
“If there were an accident, the local community would be left to pick up the tab,” he said.
Thevik, a commercial fisherman for 45 years, said the oil proposals could have severely damaging effects on the Grays Harbor economy. He cited a recent report that said more than 2,000 jobs and more than $200 million in revenue come from commercial fishing activity in Westport, adding that a National Oceanic & Atmospheric Administration study stated 67,000 jobs in Washington State were based on seafood-related activity. In Grays Harbor County 31 percent of the local workforce depends on marine resources. Yet the oil that would move through proposed Grays Harbor and Vancouver sites would equal half of the oil moved by rail throughout the entire country in 2014. He noted that the Exxon Valdez spill in 1989 spilled 11 million gallons of oil, affecting 1,300 miles of Alaskan coastline. On Grays Harbor, proposed oil transport would see tankers carrying upwards of 15 million gallons each.
“Our members have witnessed first-hand the difficult task of recovery of oil on water and on shorelines. Many have also witnessed the promise to pay for damages and the reality of payment,” he said, adding that Exxon was appealing judgments for payment 19 years after the Alaska spill. A quarter of a century later, the company still owed $92 million and much of the oil is still there, the cleanup job apparently long since abandoned.
Dingler talked about the “Nestucca” oil spill that occurred in 1988 on the Washington coast. She, too, talked of the severe economic effects a spill would have on the region’s economically.
“Ocean Shores is known for our beach,” she said, adding “oil spills can easily change that.”
A new oil refinery is the last thing you might expect Washington Gov. Jay Inslee’s administration to be courting. After all, Inslee has developed a national reputation as a champion of curbing the use of fossil fuels.
And yet, Inslee’s administration has worked for months to facilitate such a project along the Columbia River. A Texas-based energy company wants to site a combined crude oil and biofuel refinery in Longview, Washington. The company’s goal is to capitalize on low carbon fuel standards championed by West Coast political leaders, including Inslee.
The refinery is a project Inslee could have the final say in approving.
Inslee is a politician on a tightrope: He’s cultivating the reputation of a national leader on climate change policy. And he’s also the head of a government that is working with businessmen whose project calls for three trainloads of North Dakota crude oil to be hauled into his state each week by way of the Columbia River Gorge.
Since then, Inslee has said publicly that he knows next to nothing about the project.
“Have not heard much about it other than what you have reported in the media,” Inslee told reporters when asked about it at a May 28 news conference.
Emails obtained through a public records request by OPB and EarthFix tell a different story when it comes to Inslee’s administration. They document how Inslee’s cabinet and staff have been in discussions with Riverside Energy CEO Lou Soumas for nearly a year.
In February, Soumas wrote to the Port of Longview that the Governor’s office had asked for updates on the project and when it could be announced, according to an email obtained by Columbia Riverkeeper and shared with news organizations.
“They are anxious to tie us in with their just issued draft Clean Fuels Standard process and other activities important to the (state’s) energy and commerce plans,” Soumas wrote. “I’m meeting with several of Inslee’s direct reports on Wednesday in Olympia and they hope for a positive update on concrete progress on the project.”
A week later, Brian Bonlender, the state’s director of commerce, and Matt Steurwalt, Inslee’s executive director of policy, held a meeting with Soumas in Steurwalt’s office, documents show.
When asked about the emails during an appearance on The Seattle Channel earlier this week, Inslee said he expects his staff to have such discussions.
“So I think I’d probably categorize these as: we’re trying to figure out what they have in mind,” Inslee said. “This does not presage any agreement whatsoever or opposition whatsoever because you have to know what you’re doing.”
Environmental groups, including the Columbia Riverkeeper and the Seattle-based think tank Sightline Institute, say such discussions should be happening in public view to ensure an honest process.
“It’s very concerning, it’s very worrisome that this kind of communication, this kind of lobbying would be happening with the governor’s office outside the view of the public, on an issue of this magnitude,” Sightline Policy Director Eric de Place said. “We’re talking about a very environmentally risky project in a key part of the region.”
Energy projects on the scale of Riverside’s proposal must undergo a review by the Energy Facility Site Evaluation Council. It’s designed to assess whether projects comply with state statute.
Jim Luce, an attorney who chaired the council between 2001 and 2011, said he always cautioned the governor not to comment on proposed projects.
“When I was EFSEC chair, working with the governor’s staff, I encouraged — in fact, the staff encouraged — the governor to say nothing regarding a potential application because the public might conclude that there had been a predetermination or a predisposition toward a specific outcome on a project, which the governor would then have to finally decide,” Luce said.
But, he said, staff in the governor’s administration must toe a fine line. They advise on and promote the governor’s energy policies, yet the governor ultimately must make an independent decision on projects that might benefit those policies.
The refinery outlined in Soumas’ pitches to the Port of Longview and state officials aligns with Inslee’s push for cleaner fuels. With California, Oregon and British Columbia having passed low carbon fuels regulations, Soumas has said he sees Washington’s adoption of those rules as a matter of time.
Soumas has pitched his project to economic leaders in Longview as “the U.S. largest advanced renewable fuels facility” having “the lowest carbon footprint of any U.S. refinery” and capable of meeting the state’s proposed low carbon fuel standards.
Two thirds of the facility’s production would handle crude oil shipped by train from the Bakken shale of North Dakota. The other third would handle used cooking, seed and vegetable oils.
The refinery would rely on new technologies to create a mix of low carbon jet fuel, gasoline and other petroleum products for use in Portland and Southwest Washington.
Soumas has also estimated the refinery would generate 400 construction jobs and $8 million in tax revenue.
Inslee’s office told the Longview Daily News it sees opportunity in the project.
Keith Phillips, Inslee’s special assistant on climate and energy, said Riverside’s proposal is intriguing.
“The idea that they’re bringing biofuels and green jet fuels and cleaner gasoline — that’s all intriguing, and we’re very interested in it,” Phillips said. “But we haven’t made any explicit link to the clean fuels standards in part because we are working respectfully with the Legislature on ‘can we reach agreement on how to move forward.’”
Phillips said he and other staff have intentionally limited Inslee’s involvement in such discussions.
“We have been very careful with him and he has insisted on that,” he said. “He knows there have been clean refineries proposed. But has not met with the proponents, and has not been briefed by staff on the details. He’s waiting to see whether he has to perform a former legal role on the project.
de Place of the Sightline Institute said the track record of Northwest biofuel ventures is “one of failure.”
Two projects initially built as biofuel refineries in the Pacific Northwest now handle fossil fuels. Facilities in Clatskanie, Oregon, and in Hoquiam, Washington, failed as biofuel projects and now handle crude oil.
“The prospects of adding a third such site in the same region strikes me as one that’s really just a stalking horse for the conventional oil industry,” de Place said. “And as such I don’t really see why the governor’s office would be participating in the way they are alleged to be participating.”
KUOW/EarthFix reporter Ashley Ahearn and Northwest News Network reporter Austin Jenkins contributed to this report.
The Obama Administration Wednesday announced a new clean water rule. The Environmental Protection Agency says it will help limit pollution in streams and wetlands.
The rule is meant to clarify uncertainty about who can regulate these smaller waterways and water bodies.
Environmentalists say the new rule will keep drinking water clean. Lauren Goldberg is the staff attorney with Columbia Riverkeeper. She says this new rule will provide critical protection for clean drinking water and fish habitat.
“This decision is a really important step in restoring protections that were in place for a number of decades that helped to keep water sources in the Northwest — and throughout the country — clean for consumers,” Goldberg said.
Property rights and agriculture groups say the rule is too vague and burdensome. They say it could create unnecessary permits and lead to lawsuits.
“Farmers are very concerned that they may need to get federal permits for simple things like ordinary field work, or fence construction, or seeding,” said Evan Sheffels, associate director of government relations with the Washington Farm Bureau.
One half of people in Oregon and one third of people in Washington get drinking water from sources that rely on these types of small streams and water bodies.
On Thursday, May 14, the students of Heritage High School received a special in-person recognition by Inez Bill, Rediscovery Coordinator, for their efforts in cleaning up the natural history preserve located behind the Hibulb Cultural Center on Earth Day. All the Heritage students assembled in the main hall of the high school, received a traditional refreshment (nettle tea), and were recognized by a deeply appreciative tribal elder.
“You’re investing in your own future. It’s you young people that will come up after me and will take care of the museum and take care of the natural history preserve for the future generations, for your children’s children’s children,” said Bill to the Heritage students as they stood attentively around her. “That’s what our ancestors said when they signed the treaties. We wanted to preserve the rights of our people for their children’s children’s children. Today, this is where we are. You’re the ones that our ancestors talked about, they talked about this. It’s up to you to take care of this land, to carry on the teachings and values of our people. You will be the caretaker of our culture and our land….the beliefs, the respect, the honor.
“In doing what you did, you made a contribution to your own future. And so I wanted to acknowledge all those who came to Hibulb and invested in their future because I wasn’t there at the time and that’s the reason why I’m here today. Because I do need to acknowledge that because we can’t let something like that go by and not say thank you, take time and say thank you. I wanted to acknowledge that because you are important to your teachers and your teachers are important to you. That’s the way of our people. All of this is going to mean a lot to you later. I am a person who has had many teachers in my life and have teachers even today who continue to teach me. I am nothing without my teachers. I am nothing without having them people in my life. I appreciate the people who take the time; who teach me how to be a good person and live in a good way. Remember to honor your teachers because in our way of life we will have many teachers.
“Remember to take care of our environment. We’re at a critical time in our lives where our water is polluted, where there are a lot of things going on that are taking up the land, things are happening to our Mother Earth. It’s going to be up to you to help save our environment, to help save the purity of our water. Water is sacred. Everything that is living requires clean water, whether it’s salt water or fresh water, for the salmon and the fish and all Mother Earth.
“I just wanted to come here and share that with you today. Thank you. Try to be good stewards of the Earth 365 days of the year, like our ancestors were. Try to think about it and keep it in your prayers. Thank you.”
WASHINGTON — Seven environmental groups filed a lawsuit on Thursday challenging safety rules issued this month for trains carrying oil, arguing that the regulations are too weak to protect the public.
The groups, including the Sierra Club and the Center for Biological Diversity, said the rules, issued on May 1, would allow the industry to continue to use “unsafe tank cars” for up to 10 years. They also said the rules failed to set adequate speed limits for oil trains.
“We’re suing the administration because these rules won’t protect the 25 million Americans living in the oil train blast zone,” said Todd Paglia, executive director of ForestEthics, one of the groups filing the lawsuit.
The United States and Canada issued the safety standards in response to a string of explosive accidents that have accompanied a surge in crude-by-rail shipments.
Under the rules, tank cars built before October 2011 known as DOT-111 are to be phased out within three years. DOT-111 tank cars are considered prone to puncture during accidents, increasing the risk of fire and explosions.
Tank cars without reinforced hulls built after October 2011 and known as CPC-1232 will be phased out by 2020.
In their filing, the groups asked the United States Court of Appeals for the Ninth Circuit to force the Transportation Department to reconsider the “unduly long phaseout period” for these tank cars, as well as the speed limit and public notification requirements in the rule.
While environmentalists have said the phaseout for the tank cars is too long, energy and rail groups have raised concerns that it would not be feasible to switch over the tank cars in the time allotted.
The American Petroleum Institute filed a lawsuit on Monday in the United States Court of Appeals for the District of Columbia Circuit that challenges the timetable for retrofitting rail cars and the requirements for electronically controlled pneumatic brakes.
The new regulations are expected to cost an estimated $2.5 billion to adopt over the next two decades, according to estimates contained in the rules. Two-thirds of that amount would go to retrofit or retire existing tank cars.
The Nisqually National Wildlife Refuge could soon be renamed the Billy Frank Jr. Nisqually National Wildlife Refuge if a measure introduced by Congressman Denny Heck (D-Wash) is approved.
House Resolution 2270 would also create a national historic site where the 1854 Medicine Creek Treaty, which established reservations and fishing rights for Puget Sound tribes, was signed.
“When Billy Frank Jr. told his story, he was a fisherman trying to do what was right,” Heck said in a press release. “But in the story of our state, he is a leader who inspired a movement for justice, and dedicated his life to collaborating with others in order to safeguard our environment for everyone.”
Co-sponsors of the bill include Washington’s entire congressional delegation, Native American Caucus co-chairs Tom Cole (R-Okla.) and Betty McCollum (D-Minn.), Subcommittee on Indian, Insular and Alaska Native Affairs Chair Don Young (R-Ala.), and Congressman Raúl Grijalva (D-Ariz.), ranking member of the National Resources Committee.
Read more here: http://www.theolympian.com/2015/05/14/3727232_heck-introduces-bill-to-honor.html?rh=1#storylink=cpy
Two Southern Arizonan non-profit organizations, Native Seeds/SEARCH and Tohono O’odham Community Action, are promoting wild food sources and desert-tolerant crops.
Before Arizona became known for its cotton and citrus, before farmers moved West, before Spanish explorers first set their eyes on the Grand Canyon, the Tohono O’odham were cultivating the land and using the Southwest’s natural food sources to survive.
For hundreds of years, their diet consisted of wild foods straight from the Sonoran Desert such as mesquite bean pods, cholla buds and prickly pear fruit. The Tohono O’odham were also adept farmers, growing enough desert-hardy crops, like tepary beans and 60-day corn, that they were completely food self-sufficient up until the mid-20th century.
International turmoil and government programs in the mid-1900s pulled many Native Americans away from their homes and introduced processed foods to the reservations, which in turn led to the near disappearance of their traditional food sources.
The loss of their native foods also resulted in a startling rise of obesity, and consequently diabetes, among Native American tribes, including the Tohono O’odham.
According to the U.S. Department of Health and Human Services, American Indian adults are twice as likely to be diagnosed with Type 2 diabetes when compared to non-Hispanic Whites.
However, the real victims are young Native Americans, specifically those between the ages of 10 and 19, who are nine times more likely to be diagnosed with the disease. From 1990 to 2009, diabetes diagnoses rose 110 percent for that age group.
Recognizing the need for a community program in the Tohono O’odham Reservation to promote a healthy and culturally rich lifestyle, Terrol Dew Johnson founded Tohono O’odham Community Action, in 1992.
“Our whole intent was to have some kind of structured, positive program for youth and the community,” Johnson said. “I just wanted to have some sort organization that everybody could be a part of, regardless of age.”
Employing the community’s elders as teachers, TOCA began teaching about the traditional Tohono O’odham food system, which includes wild-plant harvesting and dry-land farming.
Initially, TOCA was more of an after-school or summer program for students on the reservation. The community elders would take children out to the desert where they would teach them how to harvest wild plants, such as saguaro cactus fruit and cholla buds.
Over the years, Johnson’s non-profit has rapidly grown in both popularity and size. TOCA is now a multifaceted operation that includes the Desert Rain Cafe, a restaurant that specializes in native foods, Native Foodways Magazine, which highlights aspects of Native American cuisine and various comprehensive community initiatives that seek to make the Tohono O’odham more food self-sufficient.
“Food sovereignty is our buzz word right now,” Johnson said. “Our goal now is to make this tribe more self-sufficient with their food.”
These initiatives include theNew Generation of O’odham Farmers program, introduced in 2009, that provides young adults with the training and skills necessary to pursue a career in sustainable agriculture.
TOCA also works with teachers and students to develop and maintain school gardens. The gardens are meant to help the children develop a work ethic and an appreciation for healthy food said Johnson, who is trying to make the food they grow part of the school lunch program.
TOCA isn’t alone in its quest to revitalize crops that thrive in an arid climate.
Native Seeds/SEARCH, a Tucson-based seed conservation non-profit, has almost 2,000 varieties adapted to dry weather, many of which came from Southwest tribes such as the Tohono O’odham.
“We’re trying to take seeds that have been gathered over the years, many of which were used for centuries but are in danger of being lost, and grow them to increase their supply,” said Larrie Warren, Native Seeds’ executive director.
On the non-profit’s 60-acre farm near Patagonia, a rotating variety of plants are grown and their seeds harvested. Some of these harvested seeds make it back to the refrigerators and freezers at the non-profit’s headquarters. They are used to preserve much of the organization’s stock and are handedout through a free seed grant program.
Most of the distributed seeds go to schools or communities struggling with food-security issues, Warrensaid.
While some may question why food-insecure communities would seek out rarer, less-established crops as a potential food source, there are notable benefits to what Native Seeds/SEARCH provides.
“We try to promote diversity,” Warren said. “If you’re growing one crop in an area, you’re going to begin having pest problems, pollination issues and other complications.”
Native Seeds/SEARCH has roughly 500 varieties of corn, nearly 200 types of beans, and 1,300 other types of seeds, many of which are available to the public, stored in its facilities
All of these seeds, and those used by TOCA, come from desert-adapted plants that thrive with minimal water.
“Our core mission is to preserve these seeds for a sustainable future,” Warren said. “Now we’re trying to broaden that out and educate the community so more people understand the health and environmental benefits of these seeds.”
Native Seeds/SEARCH offers classes and training to students, teachers, Spanish-speakers and backyard gardeners through its website. It also has a store on Campbell Avenue south of East Fort Lowell Road where it sells a selection of hard-to-find seeds.