American Indians were mobilizing this week to help more than 4,000 Natives who are among the 300,000 people without potable water in the wake of a January 9 chemical spill that rendered tap water undrinkable in several counties.
The no-use advisory was lifted on Tuesday January 14 for at least 100,000 of those affected, but problems remained.
“My sister has good water at their house, so they have been carrying water to those who don’t, making arrangements for water delivery to shut-ins and friends with disabilities and traveling extensively in the problem areas,” said Chief Wayne Gray Owl Appleton of the state-recognized Appalachian American Indians of West Virginia. As a senior chemist and emergency response specialist, he was among those working to resolve the issue.
The clear, colorless liquid known as 4-Methylcyclohexanol methanol seeped from a tank at Freedom Industries, which manufactures chemicals for the mining, steel and cement industries. The compound, which reportedly smells like black-licorice or cherry cough syrup, is a foaming agent used in the coal industry, according to CBS News. About 5,000 gallons of it escaped from a 40,000-gallon tank, state Department of Environmental Protection spokesman Tom Aluise said.
The affected members of the Appalachian American Indians of West Virginia live in all or parts of the counties of Kanawha, Boone, Cabell, Clay, Jackson, Lincoln, Logan, Putnam and Roane. State Department of Education spokeswoman Liza Cordeiro said schools in at least five of the counties would be closed.
A good 2,000 more indigenous people who belong to the 6,000-member Native American Indian Federation Inc. of Huntington, West Virginia, were also affected, said Chief David Cremeans.
Immediately after the spill, the federal government and the state of West Virginia declared nine counties as disaster areas, sparking a run on stores for bottled water. Shelves were stripped bare, and many West Virginians had no access to water. Residents who did not learn of the warnings in time and thus drank or bathed in the water suffered rashes and nausea. Others went to local with symptoms they said came from the water contamination.
Tension was palpable outside the contaminated area, with reports of price gouging and even fistfights.
“Nobody could find water,” said LaVerna Vickers, the tribal secretary of the Appalachian American Indians of West Virginia. “My husband and I looked to see if we were affected by the spill, and thankfully we live in Jackson County just outside of the West Virginia Water System Supply District.”
Vickers said it wasn’t until she got into the affected areas that she saw just how bad it was.
“We stopped outside of a store and a truck had already come and had cleared it out. We also heard from our friends that people were charging large amounts of money for water—people were selling five-gallon water bottles for one hundred dollars,” she said.
“Places like Wal-Mart weren’t putting the water on sale either. We couldn’t even find jugs to fill in the stores,” said Vickers. “You can also really feel the tension in Charleston. There have been fistfights and other altercations over water. Everyone is really tense.”
Vickers, who lives about 50 miles from the spill, said the past few days have been devastating. Further, she added, although officials said the spill occurred on Thursday, a reputable member of her community who lives just a few miles from the spill smelled the black licorice odor as early as Tuesday January 7. The effects were immediate, and visceral, Vickers said in describing the plight of a friend whom she was helping supply with water.
“I also have another friend who is deaf and lives a few miles from the spill,” Vickers said. “She had no water and couldn’t even go outside her door. When she tried to go outside she vomited.”
Move aside, Canadian federal fisheries and oceans officials. Prime Minister Stephen Harper’s administration has decided that the nation’s fossil-fuel-friendly energy regulators would do a better job of protecting fish in streams and lakes that cross paths with gas and oil pipelines. Northwest Coast Energy News has the scoop:
The Department of Fisheries and Oceans has handed responsibility for fish and fish habitat along pipeline routes over to the National Energy Board. …
DFO and NEB quietly announced a memorandum of agreement on December 16, 2013, that went largely unnoticed with the release three days later of the Joint Review Panel decision on Northern Gateway and the slow down in news coverage over the Christmas holidays. …
Enbridge no longer has to apply to DFO for permits to alter fish habitat along the Northern Gateway route. …
Fish and fish habitat along [that] pipeline is now the responsibility of the Alberta-based, energy friendly National Energy Board.
This looks to be another horrifying step in Harper’s efforts to quash any science (or common sense) that might slow down the extraction and transportation of gas and oil in Canada.
Read more here: http://www.theolympian.com/2014/01/09/2921922/sardine-crash-raising-alarms-experts.html#storylink=cpy
LOS ANGELES — The sardine fishing boat Eileen motored slowly through moonlit waters from San Pedro to Santa Catalina Island, its weary-eyed captain growing more desperate as the night wore on. After 12 hours and $1,000 worth of fuel, Corbin Hanson and his crew returned to port without a single fish.
“Tonight’s pretty reflective of how things have been going,” Hanson said. “Not very well.”
To blame is the biggest sardine crash in generations, which has made schools of the small, silvery fish a rarity on the West Coast. The decline has prompted steep cuts in the amount fishermen are allowed to catch, and scientists say the effects are probably radiating throughout the ecosystem, starving brown pelicans, sea lions and other predators that rely on the oily, energy-rich fish for food.
If sardines don’t recover soon, experts warn, the West Coast’s marine mammals, seabirds and fishermen could suffer for years.
The reason for the drop is unclear. Sardine populations are famously volatile, but the decline is the steepest since the collapse of the sardine fishery in the mid-20th century. And their numbers are projected to keep sliding.
One factor is a naturally occurring climate cycle known as the Pacific Decadal Oscillation, which in recent years has brought cold, nutrient-rich water to the West Coast. While those conditions have brought a boom in some species, such as market squid, they have repelled sardines.
If nature is responsible for the decline, history shows the fish will bounce back when ocean conditions improve. But without a full understanding of the causes, the crash is raising alarm.
An assessment last fall found the population had dropped 72 percent since its last peak in 2006. Spawning has taken a dive too.
In November, federal fishery managers slashed harvest limits by more than two-thirds, but some environmental groups have argued the catch should be halted outright.
“We shouldn’t be harvesting sardines any time the population is this low,” said Geoff Shester, California program director for the conservation group Oceana, which contends that continuing to fish for them could speed their decline and arrest any recovery.
The Pacific sardine is the ocean’s quintessential boom-bust fish. It is short-lived and prolific, and its numbers are wildly unpredictable, surging up and down in decades-long cycles in response to natural shifts in the ocean environment. When conditions are poor, sardine populations plunge. When seas are favorable, they flourish in massive schools.
It was one of those seemingly inexhaustible swells that propelled California’s sardine fishery to a zenith in the 1940s. Aggressive pursuit of the species transformed Monterey into one of the world’s top fishing ports.
And then it collapsed.
By mid-century sardines had practically vanished, and in the 1960s California established a moratorium on sardine fishing that lasted 18 years. The population rebounded in the 1980s and fishing resumed, but never at the level of its heyday.
Since the 1940s scientists have debated how much of the collapse was caused by ocean conditions and how much by overfishing. Now, researchers are posing the same question.
“It’s a terribly difficult scientific problem,” said Russ Vetter, director of the Fisheries Resources Division at NOAA’s Southwest Fisheries Science Center.
Separate sardine populations off Japan, Peru and Chile fluctuate in the same 50- to 70-year climate cycle but have been more heavily exploited, Vetter said. West Coast sardines are considered one of the most cautiously fished stocks in the world, a practice that could explain why their latest rebound lasted as long as it did. The West Coast’s last sardine decline began in 1999, but the population shot back up by the mid-2000s.
In recent years scientists have gained a deeper understanding of sardines’ value as “forage fish,” small but nutrition-packed species such as herring and market squid that form the core of the ocean food web, funneling energy upward by eating tiny plankton and being preyed on by big fish, seabirds, seals and whales.
Now, they say, there is evidence some ocean predators are starving without sardines. Scarcity of prey is the leading theory behind the 1,600 malnourished sea lion pups that washed up along beaches from Santa Barbara to San Diego in early 2013, said Sharon Melin, a wildlife biologist at the National Marine Fisheries Service.
Melin’s research indicates that nursing sea lion mothers could not find fatty sardines, so they fed on less nutritious market squid, rockfish and hake and produced less milk for their young in 2012. The following year their pups showed up on the coast in overwhelming numbers, stranded and emaciated.
“We are likely to see more local events like this if sardines disappear or redistribute along the coast and into deeper water,” said Selina Heppell, a fisheries ecologist at Oregon State University.
Biologists also suspect the drop is hurting brown pelicans that breed on California’s northern Channel Islands. The seabirds, which scoop up sardines close to the ocean surface, have shown signs of starvation and have largely failed to breed or rear chicks there since 2010.
Brown pelicans were listed as endangered in 1970 after they were pushed nearly to extinction by DDT, which thinned their eggshells. They were taken off the list in 2009 and now number about 150,000 along the West Coast.
Though pelicans have had more success recently in Mexico, where about 90 percent of the population breeds, environmental groups think the lack of food at the northern end of their range could threaten the species’ recovery.
Normally, pelicans and sea lions would adapt by instead gobbling up anchovies. But aside from an unusual boom in Monterey Bay, anchovy numbers are depressed too.
“That does not bode well for everything in the ocean that relies on sardines to get big and fat and healthy,” said Steve Marx, policy analyst for the Pew Charitable Trusts, a nonprofit that advocates for ecosystem-based management of fisheries.
Fishermen also attest to the scarcity.
The West Coast sardine catch oscillates with the market and was valued at $14.5 million in 2013, according to the National Marine Fisheries Service. But California fishermen pulled in just $1.5 million worth of sardines last year, preliminary data from state Department of Fish and Wildlife show.
Just a few years ago, Hanson, the sardine captain, didn’t have to travel far from port to pull in nets bulging with sardines.
Not anymore. If his crew catches sardines these days, they are larger, older fish that are mostly shipped overseas and ground up for pet or fish food. Largely absent are the small and valuable young fish that can be sold for bait or canned and eaten.
Still, when he embarked for Catalina Island on a December evening, Hanson tried to stay optimistic. “We’re going to get a lot of fish tonight,” he told a fellow sardine boat over the radio.
After hours of cruising the island’s shallow waters, the voice of another boat captain lamented over the radio, “I haven’t seen a scratch.”
So the Eileen and other boats made an about-face for the Orange County coast, hoping to net sardines in their usual hideouts.
No such luck.
By daybreak, Hanson was piloting the hulking boat back to the docks with nothing in its holds.
Read more here: http://www.theolympian.com/2014/01/09/2921922/sardine-crash-raising-alarms-experts.html#storylink=cpy
VANCOUVER, Wash. (AP) – A Clark County judge has given a partial victory to the Port of Vancouver in a lawsuit over a proposed oil terminal.
The Columbian reports Superior Court Judge David Gregerson has dismissed a claim by three environmental groups.
The decision means the lease – worth at least $45 million over 10 years – has been approved. The judge’s ruling could be appealed, but the environmental impact study will go forward.
At the same time, Gregerson said there’s a “public benefit” in allowing Columbia Riverkeeper, the Sierra Club and Northwest Environmental Defense Center to pursue their separate complaint that the port violated the state Open Public Meetings Act by holding an illegal secret meeting to discuss the lease.
Tesoro Corp. and Savage Cos. want to build a $110 million oil terminal capable of handling as much as 380,000 barrels of crude per day, a proposal that’s attracted strong public opposition.
Outside the courtroom Friday, Brett VandenHeuvel, executive director of Columbia Riverkeeper, said the decision was a victory, allowing the groups to gather facts, including what port commissioners discussed during a July 22 executive session.
VandenHeuvel declined to comment on whether the groups would appeal Gregerson’s decision involving the state environmental law.
“We are pleased with the result of the judge’s ruling,” port Executive Director Todd Coleman said in a news release. “We look forward to continuing our efforts to create a prosperous Clark County in a responsible and sustainable manner. The port will continue to work collaboratively with the environmental community and other stakeholders as the Tesoro-Savage project is reviewed” by the state Energy Facility Site Evaluation Council and Gov. Jay Inslee.
Tesoro and Savage submitted their permit application for the oil terminal on Aug. 29 to the state Energy Facility Site Evaluation Council. The council will eventually make a recommendation to Inslee, who has the final say over whether the oil terminal gets built.
Washington State’s recommended fish consumption rates boil down to just 6.7 grams per day per resident, or one eight-ounce fillet per month.In contrast, Oregon’s rate to determine how much contamination is allowable in its waters assumes a 175-gram-per-day consumption rate, or about 24 eight-ounce fillets per month.
The problems associated with contamination in Northwestern waters are mounting.
For years the many contaminants in Washington State waterways have prompted the state’s Department of Health to issue official warnings against eating Washington fish too frequently. Washington currently has fish consumption advisories issued throughout the state.
“The tribes are not only interested in protecting all the species of fish they eat, but they’re also concerned about protecting their economic interests,” said Ann Seiter, fish consumption rate coordinator for the Northwest Indian Fisheries Commission.
Tribes are calling for major changes in pollution policy. When health officials from Washington and Oregon issued advisories for mid-Columbia River’s resident fish last September due to elevated mercury and PCB levels, tribal leaders were outraged.
“The focus should not be ‘Do not eat’–it should be ‘Clean up’–the Columbia River,” said Yakama Nation Chairman Harry Smiskin in a statement at the time.
The Umatilla, Yakama, Nez Perce and Warm Springs tribes urged the governors of Washington and Idaho to update water quality standards and fish consumption rates.
“The tribes believe that the long-term solution to this problem isn’t keeping people from eating contaminated fish—it’s keeping fish from being contaminated in the first place,” Columbia River Inter-Tribal Fish Commission Chairman Joel Moffett said in a statement. “Armed with higher fish consumption rates and water quality standards, we hope there will be a greater motivation to remove pollutants from the Columbia River and its tributaries.”
Washington has also issued a lower Columbia advisory that warns of PCBs, DDT and Dioxin as well as other compounds. To the state’s east, an advisory has been issued for the Spokane River, which is contaminated with PCBs, lead and other harmful materials. There is also a statewide mercury advisory.
Washington and Idaho are reevaluating their fish consumption rates, which are used to calculate water quality standards that protect human health. The four Oregon tribes urged Washington and Idaho to adopt at least the same rate that Oregon uses to establish water quality standards protective of all fish consumers in the region, according to the White Salmon Enterprise.
Oregon’s 175-grams-per-day suggested consumption is a more accurate representation of how much fish most of Oregon’s residents actually eat. But even that does not go far enough, tribal leaders say. State and federal governments must act to clean the polluted sections of the Columbia River contaminating fish, Smiskin said.
“The fish advisories confirm what the Yakama Nation has known for decades,” Smiskin said. “State and federal governments can no longer ignore the inadequacy of their regulatory efforts and the failure to clean up the Columbia River.”
The Yakama Nation repeatedly identified contaminated sites along the Columbia, expressing concerns for the health and culture of the Yakama people and calling upon the state and federal agencies for cleanup actions that would protect the tribe’s resources, retained by them in the Treaty of 1855.
“The new advisories once again pass the burden of responsibility from industry and government to tribes and people in the region,” Smiskin said. “Rather then addressing the contamination, we are being told to reduce our reliance on the Columbia River’s fish. This is unacceptable.”
Four disasters in the past six months have demonstrated the risks of crude-oil trains, which carry 11 percent of the nation’s oil, up 40-fold in five years.
MINNEAPOLIS — Oil-train explosions like the one last week near Casselton, N.D., or the one in Canada late Tuesday have revived longstanding worries that older railroad tank cars aren’t sturdy enough.
Four derailments in the past six months have demonstrated the risks of crude-oil trains, which carry 11 percent of the nation’s oil, up 40-fold in five years, according to the Association of American Railroads.
“There is an increased interest … to look at tank cars and whether we can do more to remove the risk,” said Thomas Simpson, president of the Railway Supply Institute, a trade group for tank-car builders and owners.
North Dakota, lacking sufficient pipelines, sends more than two-thirds of its crude down the tracks, typically on 100-car unit trains. Many travel on BNSF Railway and Canadian Pacific tracks through Minnesota. Minnesota’s 20 ethanol plants also rely heavily on tank cars because current pipelines are unsuitable for that fuel.
Yet most of the nation’s 94,000 rail tankers carrying oil, ethanol and other flammable liquids don’t meet puncture-resistance and other standards that apply to new tank cars. Railcar and shipping-industry officials say it could take a decade and cost billions to retrofit up to 64,000 older tankers that carry flammable liquids.
Federal regulators are considering whether to require it.
“It is a challenge, but it is doable,” said Larry Mann, a Washington-based rail-safety attorney.
In 2011, railroads and shippers voluntarily established tougher standards for new tank cars, and more than 14,000 are on the rails today. That’s about 15 percent of the tankers carrying oil, ethanol and other flammable liquids. Most of the remainder are older models with a record of tank failures in accidents since 1991, according to the National Transportation Safety Board (NTSB).
The safety of railcars, among other things, is playing a role in the continuing debate about the proposal to build more oil terminals in Washington state.
Railroad groups said in November they support upgrading the old tanker fleet, but the cost would fall on shippers because they own or lease the tank cars. Oil and ethanol shippers haven’t warmed to that idea, and say railroads need to do more to prevent derailments.
“The ethanol industry takes safety very seriously, but we don’t re-engineer vehicles already on the road with new, expensive suspension systems to combat any potential damage from hitting a pothole on the interstate. No, we fix the pothole. The same should be true with rail transportation,” Bob Dinneen, chief executive of the Renewable Fuels Association, an ethanol-trade group, said via email.
The American Petroleum Institute, an oil-industry trade group, told regulators in December that the retrofits only would be costly and take years, and would add weight to trains. It urged regulators to study the costs and benefits before imposing a regulation and to order railroads to improve tracks and take other steps to reduce derailments.
BNSF Railway, whose train crashed Dec. 30 in North Dakota, declined to comment for this article. Canadian Pacific, a crude-oil hauler whose U.S. headquarters is in Minneapolis, said it is always working with federal regulators and others to promote safety, but would not comment in detail.
Bruce Crummy / The Associated Press, 2013 A train carrying crude oil derailed and exploded in Casselton, N.D., on Dec. 30 and sent a great fireball and plumes of black smoke skyward. The fire continued to burn the next day.
Logistics of retrofitting
Even if federal regulators order tank-car upgrades or other measures, the new rules likely wouldn’t take effect for at least a year. “It is just a complicated issue that has taken time,” said Gordon Delcambre Jr., a spokesman for the U.S. Pipeline and Hazardous Materials Safety Administration, which is considering new regulations.
Train-car repair shops probably would need 10 years to retrofit every tank car. “There’s a finite number of facilities that can do the work,” said Simpson, of the Railway Supply Institute, which supports improving older tank cars, but questions whether all proposed modifications are feasible.
Some tank cars might be retired or shifted to carry nonflammable products. So the potential cost of upgrading the nation’s tanker fleet could range from $1.7 billion to more than $5 billion.
After the recent oil-train wrecks, more people are demanding action in the United States and Canada.
In July, 47 people died in Lac-Mégantic, Quebec, in the first disaster involving a North Dakota oil train. Four months later, in Aliceville, Ala., another oil train exploded and burned, but nobody was hurt. In 2009, a deadly ethanol-train derailment and fire in Cherry Valley, Ill., prompted the NTSB to issue specific recommendations to upgrade the nation’s tanker fleet.
Mann, who represents unions and others on rail-safety issues, said all the recent oil-train explosions involved tank cars built before 2011, a model known in the industry as the DOT-111.
In Coon Rapids, Minn., which is crossed by two rail lines, city leaders in December petitioned federal regulators to get started on the tank-car upgrades. The city’s resolution stemmed from a National League of Cities conference last year in which cities, especially Chicago suburbs, discussed railcar safety.
“The concern is the integrity of the tank cars — are they inspected and structurally sound?” said Coon Rapids City Manager Steve Gatlin.
The older DOT-111 cars have a steel shell that is too thin to resist punctures in accidents, and the ends of the car are vulnerable to ruptures. Valves used for unloading and other exposed fittings on the tops of the tankers can also break during rollovers, the NTSB said.
Tank cars built since Oct. 1, 2011, are required to comply with tougher standards, including shells with thicker steel.
U.S. Sen. Chuck Schumer, D-N.Y., has called for retrofitting the nation’s tanker fleet. In Minnesota, Rep. Tim Walz, a member of the House Transportation Committee, said he hopes the committee will examine the issue.
“It was incredibly lucky that no one was harmed in the accident in Casselton,” Walz said in an email. “It is clear there is still more we can and should do to enhance safety when shipping hazardous materials to market.”
Emergency measures
A Web-based petition last fall by the progressive group Credo Action collected 58,000 supporters of banning the “dangerous DOT-111 tanker cars in our communities.”
“They are basically bombs running through the middle of cities,” said Elijah Zarlin, of the San Francisco-based group. “Each one of these accidents … shows that this isn’t just a potential threat, it is an actual, real threat.”
Railroad towns are re-examining emergency plans. Last summer, the Minnesota hazmat teams got extra training on crude oil.
Soon after the Quebec disaster, Canadian and U.S. regulators ordered rail carriers not to leave trains unattended, a key factor in that accident. Regulators in both countries also have told North Dakota shippers to accurately classify their crude oil’s hazard level, which partly hinges on the amount of potentially explosive dissolved gas it contains.
U.S. agencies announced a “Bakken blitz” to test crude-oil shipments in August. Based on preliminary results of that effort, regulators warned shippers last week that light crude from that region may be more flammable than heavy oil. But regulators stopped short of saying that Bakken crude poses a special danger and said sample testing is still under way.
Mark Winfield, an associate professor at York University in Toronto, has called on Canadian authorities to begin a judicial inquiry into regulatory lapses before the Lac-Mégantic disaster. Among the questions to arise after the disaster is whether Bakken oil is more explosive.
“It is hard to believe that nobody on the inside, among the regulators, didn’t realize there was a potential problem here,” Winfield said.
In Perham, Minn., which is also on the BNSF line and has witnessed two minor derailments in the past 21 years, Mayor Tim Meehl questions whether regulators can limit the number of oil tankers going through towns or make rail cars safer.
“I guess we just pray it doesn’t happen in our town,” he said. “It’s a very scary situation.”
Material from the Chicago Tribune is included in this report.
BLAINE, Wash. – Washington State Fish and Wildlife officers and Lummi Tribal police teamed up this week to bust an alleged illegal seafood ring that involves distributors, commercial outlets and fishermen in three counties.
Officers simultaneously swooped in on 16 commercial fishermen, two wholesale fish companies and 10 retail establishments in Whatcom, Snohomish and King Counties. Investigators said the fishermen captured undocumented and undersized crab and sold them through the back doors of businesses that included some restaurants and nail salons.
The crab were taken before they could mature enough to spawn, stealing a future generation from a delicate and wild population.
Undercover video shows illegal crab being sold through the back doors of businesses.
“If you’re buying your shellfish from a nail salon, chances are it’s illegal,” said WDF&W Deputy Chief Mike Cenci who joined in the arrest of two fishermen at the Blaine Marina.
In that case, officers watched as the fishermen loaded two, 55-gallon buckets into the back of a pickup truck. They surrounded the vehicle and counted 60 undersized crab in large 55-gallon cans.
Officers spent several months recording illegal crab sales in back alleys and behind businesses involving tens of thousands of dollars worth of crab.
Lummi Tribal Police assisted in the arrests of tribal fishermen and the seizure of boats and vehicles used to carry out the alleged illegal transactions.
Some of those arrested face crimes ranging from civil charges to class ‘C’ felonies that carry fines and possible jail time
A multinational banking giant is backing away from a proposal to build the West Coast’s biggest coal export project near Bellingham, Washington.
New York-based Goldman Sachs has sold its stock back to the companies proposing to build the Gateway Pacific Terminal. If built it would transfer 48 million tons of Wyoming coal each year from trains to ocean-going vessels bound for Asia.
Before the stock transfer, Goldman Sachs had a 49 percent stake in the Gateway Pacific project. The company proposing the project is SSA Marine. Its parent company is Carrix, Inc.
SSA Marine President Bob Watters said in a statement that after Goldman Sachs sold back its stock, a Mexican businessman named Fernando Chico Pardo made an investment in SSA’s parent company that gives him a 49 percent ownership.
Coal-export opponents said the departure of Goldman Sachs as an investor is the latest sign that Wall Street no longer sees a profitable future in mining, shipping and burning coal – considered the dirtiest sources of energy and one of the biggest sources of greenhouse gases that contribute to global climate change.
“Goldman Sachs’ stepping away from coal export is yet another sign from Wall Street that coal export is a losing investment,” said anti-coal activist Crina Hoyer, the executive director of Bellingham-based RE Sources for Sustainable Communities.
SSA Marine and Carrix, Inc., sought to cast the departure of Goldman Sachs in a more positive light. According to their press release, Chico Pardo and the project’s original investors had stepped in with a “substantial capital injection” and remained committed to the coal export project.
Overall, the push to export Montana and Wyoming coal through the Pacific Northwest’s has struggled. Of the six coal export terminal originally proposed in Washington and Oregon, three have been dropped. In addition to the Gateway Pacific terminal on the northern shore of Puget Sound, the two other terminals still being considered are proposed for ports on the Columbia River in Washington and Oregon.
Seattle-based SSA Marine wants to build a terminal within the Cherry Point Aquatic Reserve. It would ship millions of tons of coal from Montana and Wyoming to Asia. The company says it would create thousands of jobs and generate millions in tax and other revenues.
Players: SSA Marine, Peabody Energy, Gateway Pacific, Korea East-West Power
Full Capacity: To be reached in 2026
Export Plans: 48 million tons/year
Train: 18 trains/day (9 full and 9 empty)
Train Cars: 1,370/day
Vessels: 487/year
What’s Next: Environmental review of the project is expected to take two years. In July 2013, Washington Department of Ecology, the U.S. Army Corps of Engineers and Whatcom County, Wash. announced they will consider climate change, human health and the environment. They will also look at the entire route from Western mines to coal-burning plants in Asia. The public’s input was a factor in the decision for a broad review. Government agencies took in public comments from close to 125,000 people from September, 2012 to January, 2013. As part of the public-input process, 9,000 people attended seven meetings in Washington in 2012. The government agencies are required to solicit public input before they issue an environmental impact statement and from there, approve development permits. A summary of the public comment can be found here.
BELLINGHAM, Wash. — Dozens upon dozens of crab pot buoys dot the waters around Jay Julius’ fishing boat as he points the bow towards Cherry Point. The spit of land juts into northern Puget Sound.
SSA Marine says Cherry Point is an excellent location to build a terminal because it’s surrounded by deep water with quick access to the Strait of Juan de Fuca and the Pacific Ocean. If the company has its way, up to 48 million tons of coal could move through these waters each year aboard more than 450 large ships bound for the Asian market.
But if the Lummi and other tribes exercise their treaty fishing rights, there may not be any coal ships servicing American terminals in these waters.
Watch: Tribal members talk about coal exports and their fishing rights:
‘People of the Sea’
One out of every ten members of the Lummi Nation has a fishing license. Ancestors of the Lummi, or “People of the Sea” as they are known, and other Salish Sea peoples have fished the waters surrounding Cherry Point for more than 3,000 years. Today Lummi tribal officials are sounding the alarm about the impacts the Gateway Pacific Terminal could have on the tribe’s halibut, shrimp, shellfish and salmon fishery, which is worth a combined copy5 million annually.
“You have numerous fishermen up here right now,” says Julius, a member of the Lummi tribal council. He’s gesturing at the nearby crab pots as his boat idles a little more than 50 yards from the proposed site of the Gateway Pacific Terminal, one of three coal export facilities under consideration in Oregon and Washington. “What does that mean to our treaty right to fish? This would be no more.”
Tribal treaty fishing rights could play a major role in the review process for the Gateway Pacific Terminal. According to the Northwest Indian Fisheries Commission, nine tribes’ treaty fishing grounds would be impacted by the Gateway Pacific Terminal and the vessel traffic it would draw.
‘Usual and Accustomed’ Fishing Areas
In the mid-1800s tribes in this region signed treaties with the federal government, ceding millions of acres of their land. Native American populations plummeted and the survivors were relegated to reservations. But the tribal leaders of the time did a very smart thing, says Tim Brewer, a lawyer with the Tulalip tribe in northwestern Washington.
“They insisted on reserving the right to continue to fish in their usual and accustomed fishing areas. It is an extremely important part of the treaty,” Brewer says.
Lummi tribal fishermen at the end of a day on the water. (Ashley Ahearn)
Those treaty rights weren’t enforced in Washington until a landmark court decision in 1974 known as the Boldt Decision. It forced the state to follow up on the treaty promise of fishing rights that were made to the tribes more than a century before.
Brewer says the phrase: “usual and accustomed”—language that appears in the treaties signed by the Lummi and many other Northwest tribes—has implications for development projects, like coal terminals.
“If a project is going to impair access to a fishing ground and that impairment is significant that project can not move forward without violating the treaty right,” he says.
Since the mid-‘70s, tribes have begun to flex those treaty muscles.
In 1992 the Lummi stopped a net pen fish farm that was proposed for the waters off of Lummi Island by a company called Northwest Sea Farms.
The Lummi demonstrated that constructing the floating net pens would block tribal access to their usual and accustomed fishing grounds. “In that case the (U.S. Army) Corps of Engineers denied that permit on that basis,” Brewer says. “There was no agreement that was able to be worked out there.”
But, in other situations, agreements have been made.
Dwight Jones, general manager of Elliott Bay Marina. (Ashley Ahearn)
Though it’s a ways away, the iconic Seattle Space Needle peeks out amongst the masts of hundreds of sailboats neatly tucked into their berths at the Elliott Bay Marina, just north of downtown. It’s the largest privately-owned marina on the West Coast. And it was built within the usual and accustomed fishing area of the Muckleshoot tribe, back in 1991.
It took 10 years of environmental review. The Muckleshoot fought the project.
“It was contentious, I guess would be the right word,” says Dwight Jones, the general manager of Elliott Bay Marina. The Muckleshoot “could have stopped the marina from being built.”
But instead the tribe came to an agreement with the backers of the Elliott Bay Marina.
Muckleshoot tribal members contacted for comment on this story did not respond.
Jones says the owners of Elliott Bay Marina paid the Muckleshoot more than copy million up front and for the next 100 years they will give the tribe 8 percent of their gross annual revenue.
“Anyone who’s in business can tell you that 8 percent of your gross revenues is a huge number,” he says. “It really affects your viability as a business.”
When asked if he had any advice for companies that want to build coal terminals in the Northwest, Jones laughed.
“I’d say good luck. There will be a lot of costs and chances are the tribes will probably negotiate a settlement that works well for them and it will not be cheap,” he responded.
Deal or No Deal?
SSA Marine and Pacific International Terminals—the companies that want to build the terminal at Cherry Point—have lawyers and staff members working to make a deal with the Lummi to get the terminal built. The companies declined repeated requests to be interviewed on the subject.
“I think they’re quite disgusting,” says Lummi council member Julius when asked how he feels about the terminal backers’ efforts to make inroads with the Lummi. “It’s nothing new, the way they’re trying to infiltrate our nation, contaminate it, use people.”
This past summer Julius and the Lummi tribal council sent a letter to the Army Corps of Engineers. The federal agency will have final say over the key permits for the coal terminal.
In the letter the Lummi assert their “unconditional and unequivocal” opposition to the project, and lay out the reasoning behind their position, which centers around threats to treaty fishing rights and the tribe’s cultural and spiritual heritage at Cherry Point.
But there’s a line at the end of the letter, which legal experts and the Army Corps of Engineers say leaves the door open for continuing negotiation on the Gateway Pacific Terminal. It reads:
“These comments in no way waive any future opportunity to participate in government-to-government consultation regarding the proposed projects.”
Diana Bob, the Lummi tribal attorney who was involved in drafting the letter, declined to be interviewed for this series.
This is the second of a two-part series originally published at Earthfix.opb.org. ICTMN posted Part I last week.
A person walks in frigid temperatures near Constitution Avenue, Tuesday, Jan. 7, 2014, in Washington. The National Weather Service said the mercury bottomed out at 3 degrees before sunrise at Baltimore-Washington Thurgood Marshall International Airport, with a wind chill of minus 16. (AP Photo/Luis M. Alvarez)
As temperatures plummet, a reminder: ‘Every weather event in the modern world is attributable to climate change.’
Weather isn’t climate and the climate isn’t weather, but if someone asks whether the ‘polar vortex’ now being experience by tens of millions of people across the country is driven by climate change, you don’t have to wait for the next wave of scientific research to come out. The answer is ‘Yes.’
Sadly and predictably, however—as much of the nation faces the coldest temperatures seen in nearly two decades on Monday and into Tuesday— the push of bone-chilling arctic air into southern Canada and much of the United States has the climate change denialists pushing their familiar falsehoods about how near-record lows nationwide somehow disproves global warming.
In just one example, multi-millionaire and political pundit Donald Trump took to Fox News on Monday morning to say that the freezing temperatures help prove that there is a great “hoax” around climate change. “You know,” Tump said when asked to explain, “I think the scientists are having a lot of fun.”
On Monday, federal and state agencies issued dire warnings about freezing temperatures that have blanketed the midwest, saying that millions of Americans are under threat by windchill temperatures today and tomorrow that could be life-threatening. Temperature readings, factoring in windchill effect, were reported as low as -63°F in Montana and -50°F in places in North Dakota and Minnesota.
But the effort by Trump and others to portray the phenomenon known as the “arctic vortex” as some an event that discredits the international scientific consensus on the relationship between industrial society’s relationship to planetary climate change, however, is being met with a firm rebuke of its own by climate activists, weather experts, and scientists.
As climate justice campaigner Jamie Henn of 350.org tweeted Monday:
No, the cold snap doesn’t mean global warming is over, the Arctic is just drunk: http://bit.ly/1cwuOOP
The article referenced by Henn, wrriten by Greg Landen at ScienceBlogs.com, says that the “apparent contrast between extreme cold and global warming is actually an illusion.”
In what way? Landen continues:
The Polar Vortex, a huge system of moving swirling air that normally contains the polar cold air, has shifted so it is not sitting right on the pole as it usually does. We are not seeing an expansion of cold, an ice age, or an anti-global warming phenomenon. We are seeing the usual cold polar air taking an excursion.
So, this cold weather we are having does not disprove global warming.
In fact, it may be because of global warming. The Polar Vortex can go off center any given winter, but we have been having some strange large scale weather activity over the last few years that is thought to be related to global warming that may have contributed to this particular weather event (explained here). This may be an effect of this strangeness, though the jury is still probably out on this particular weather event.
According to Dr. Dim Coumou, a senior scientist at the Potsdam Institute for Climate Impact Research (PIK) near Berlin, who spoke to Agence France-Presse, what drives the polar vortex is the difference in temperature between the Arctic region and those in the mid-latitudes closer to the equator.
“The reason why we see these strong meanderings is still not fully settled,” Coumou told AFP, “but it’s clear that the Arctic has been warming very rapidly. We have good data on this. Arctic temperatures have risen much more than other parts of the globe.”
The idea that any particular “weather event” is or is not climate change, however, belies the deeper fact that all weather events are complex results of underlying climate conditions. As Jim Naureckas, a journalist at the media watchdog group FAIR, explained to his readers in the aftermath of Typhoon Haiyan in the Philippines last year, “attributing particular weather events to climate change is ridiculously easy.”
The reason for that, he continues, is because (emphasis his):
“Every weather event in the modern world is attributable to climate change. This is because weather is a chaotic system, which is to say it varies wildly based on initial conditions. Once we raised global temperature by a degree Celsius—which is an enormous intervention in the physical world—we irrevocably changed all weather, producing an entirely different set of events than the ones that would have otherwise occurred.”
In other words, the whole debate about whether this hurricane, that tornado, or the current ‘polar vortex’ is or isn’t climate change misses the point.
Writing about the climate dynamics that are driving the current ‘polar vortex’ event Jeff Masters, meteorologist and founder of the popular Wunderground blog, explains:
In the winter, the 24-hour darkness over the snow and ice-covered polar regions allows a huge dome of cold air to form. This cold air increases the difference in temperature between the pole and the Equator, and leads to an intensification of the strong upper-level winds of the jet stream. The strong jet stream winds act to isolate the polar regions from intrusions of warmer air, creating a “polar vortex” of frigid counter-clockwise swirling air over the Arctic. The chaotic flow of the air in the polar vortex sometimes allows a large dip (a sharp trough of low pressure) to form in the jet stream over North America, allowing the Arctic air that had been steadily cooling in the northern reaches of Canada in areas with 24-hour darkness to spill southwards deep into the United States. In theory, the 1.5°F increase in global surface temperatures that Earth has experienced since 1880 due to global warming should reduce the frequency of 1-in-20 year extreme cold weather events like the current one. However, it is possible that climate change could alter jet stream circulation patterns in a way that could increase the incidence of unusual jet stream “kinks” that allow cold air to spill southwards over the Eastern U.S., a topic I have blogged about extensively, and plan to say more about later this week.
Lastly, this video posted at the Mother Nature Network and featuring Masters as well as Rutgers University professor Jennifer Francis, helps explain the dynamics by which a warming planet can result in freezing cold weather patterns and extremes of all kinds:
