The grinch that stole the coal industry’s Christmas

By Todd Woody, Grist

coal
Shutterstock

Coal industry executives can only wish Santa will leave them a lump of the black stuff in their stockings this Christmas. But as 2013 draws to a close, those stockings are likely to be empty as the pace of coal-fired power plant closures accelerates.

Market research firm SNL Energy estimates that coal-fired plants generating as much as 64,002 megawatts of electricity will be shuttered by 2021. That’s 5,000 megawatts more than SNL predicted in May. Just since that earlier projection, however, several energy companies and utilities announced they would close some big coal plants, including the Tennessee Valley Authority’s decision in November to take out of service coal-fired power stations generating 3,100 megawatts. That would leave the government-owned utility in the heart of coal country reliant on nuclear and natural gas to generate the bulk of the region’s electricity.

That’s certainly good for the planet, given that coal is responsible for 42 percent of global greenhouse gas emissions.

Click to embiggen.
The Atlantic

In the United States, the death of coal is being driven by low natural-gas prices and the imposition of stricter environmental regulations that could make operating a coal-fired power plant a money-losing proposition.

Thanks to the shale gas fracking boom, natural-gas prices remain at rock bottom. That means utilities and power producers are finding it cheaper to switch to that much cleaner-burning fuel than to undertake expensive retrofits of decades-old coal plants to meet new federal emissions regulations. Shale gas now provides nearly a quarter of the U.S.’s natural gas supply and low prices are likely to persist over the next decade, according to SNL.

“Since SNL Energy’s spring analysis, market conditions have shown little improvement, keeping pressure on coal generators,” states the report issued Tuesday. “Natural gas prices remain stubbornly low, which has depressed wholesale electricity prices and spurred competition for coal units from the competing natural gas.”

SNL predicts coal closures could add $5 a megawatt-hour to the wholesale price of electricity in coal-dependent regions of the U.S. Depending on their electricity use, some utility customers would pay $5 more a month on their bill, SNL spokeswoman Christine Twomey told The Atlantic.

In more bad news for the coal industry, on Thursday the U.S. Export-Import Bank approved restrictions on the financing of overseas coal-fired power plant projects. And on Tuesday, the European Bank for Reconstruction and Development in London announced that it would cease financing most coal-fired power plants in Eastern Europe and central Asia. The World Bank and the Obama administration have adopted similar policies.

“We cannot use carbon without having a thought about what the impact of climate change is going to be,” Riccardo Puliti, an executive with the European bank, told Bloomberg. “There is a climate-change problem, and there are actions to be undertaken in order to solve it.”

This story was produced by The Atlantic as part of the Climate Desk collaboration.

Geoduck industry fighting China’s shellfish-import ban

Washington geoduck farmers and harvesters have turned to politicians to help overturn a Chinese shellfish-import ban that’s all but shut down the local industry.

By Jay Greene, December 14, 2013 the Seattle Times

Washington geoduck harvesters and government officials, including Gov. Jay Inslee, are scrambling to overturn China’s decision to ban some shellfish exports from the Pacific Northwest.

The ban has brought the geoduck industry here to a virtual halt.

Fish inspectors in China notified the U.S. Embassy on Dec. 3 that China was tentatively suspending imports of geoduck and other “double-shell aquatic animals,” such as oysters, because they found high levels of paralytic shellfish poisoning, or PSP, in a Nov. 21 shipment of geoducks.

PSP is a biotoxin produced by algae that shellfish eat and, in humans, in high levels it can lead to severe illness and even death.

KUOW first reported news of the ban.

The ban is a particularly nettlesome problem in Washington because China accounts for about 90 percent of geoduck exports from the state. And fisheries in the state harvest and farm 5.5 million to 7 million pounds of geoduck annually, according to Taylor Shellfish Farms, one of the state’s largest geoduck providers. Those companies generally sell geoduck, which is a burrowing clam, for between $7 and $25 a pound.

The ban also affects Alaskan shellfish.

Local fish companies, though, are struggling to understand the ban because testing by the Washington State Department of Health in the area where the geoduck shipments originated found PSP levels well below internationally accepted limits.

“We’ve gone back and looked at all records — they show results way below any human-health concern,” Donn Moyer, a health-department spokesman, said Saturday. “We don’t have any evidence or information whatsoever about any high levels of PSP in any shellfish.”

Geoduck harvesters believe the Chinese inspectors applied a standard for the level of toxicity that is well below what is considered safe for humans.

“The numbers I saw (that Chinese inspectors used) are just plain ridiculous,” said Tony Forsman, general manager of Suquamish Seafoods, a business run by the Suquamish Tribe.

To compound the challenge, communication from the Chinese government has been scant. State regulators and fishery executives say they have heard nothing more from the Chinese since the Dec. 3 notification. Press officials from the Chinese embassy in Washington didn’t respond to an email query Saturday.

That’s led the industry to turn to political leaders to resolve the issue. On Friday, the governor and Commissioner of Public Lands Peter Goldmark sent a letter to the heads of the Food and Drug Administration and the National Oceanic and Atmospheric Administration asking them to engage in “direct interaction with the Chinese government” to determine the status of the ban and to gather information about the Chinese inspection.

In the meantime, local geoduck harvesters and farmers are curtailing operations. Suquamish Seafoods, which sends all of its geoduck, between $2 million and $3 million a year, to China, has idled its 24 divers.

“This is unprecedented,” Forsman. “The tribe really depends on it.”

Taylor Shellfish Farms, which sells some geoduck domestically, has had to reduce hours for its workers. And if the Chinese ban continues much longer, prices for geoduck sold domestically will drop because of a market glut.

“That may have an impact on domestic prices,” said Bill Dewey, Taylor’s director of public policy and communications.

Staff reporter Carol M. Ostrom contributed to this report. Jay Greene: 206-464-2231 or jgreene@seattletimes.com. Twitter: iamjaygreene

China Imposes First-Ever West Coast Shellfish Ban

A geoduck farm near Puget Sound's Totten Inlet between Shelton and OlympiaCourtesy of KOUW news
A geoduck farm near Puget Sound’s Totten Inlet between Shelton and Olympia
Courtesy of KOUW news

Source: KOUW.org

Originally published on Thu December 12, 2013 5:58 pm

By  AND KATIE CAMPBELL AND ANTHONY SCHICK

China has suspended imports of shellfish from the west coast of the United States — an unprecedented move that cuts off a $270 million Northwest industry from its biggest export market.

China said it decided to impose the ban after recent shipments of geoduck clams from Northwest waters were found by its own government inspectors to have high levels of arsenic and a toxin that causes paralytic shellfish poisoning.

The restriction took effect last week and China’s government says it will continue indefinitely. It applies to clams, oysters and all other two-shelled bivalves harvested from the waters of Washington, Oregon, Alaska and Northern California. U.S. officials think the contaminated clams were harvested in Washington or Alaska. Right now they’re waiting to hear back from Chinese officials for more details that will help them identify the exact source.

State and federal agencies oversee inspection and certification to prevent the shipment of tainted shellfish. Jerry Borchert of the Washington Department of Health said he’s never encountered such a ban based on the Chinese government’s assertion that these U.S. safeguards failed to screen out contaminated seafood.

“They’ve never done anything like that, where they would not allow shellfish from this entire area based on potentially two areas or maybe just one area. We don’t really know yet,” Borchert said.

The biggest blow could fall to those who farm or harvest the supersized geoduck clams. In the Northwest, they’re concentrated in Washington’s Puget Sound, where about 5 million pounds of wild geoduck are harvested each year. Aquaculture accounts for an additional 2 million pounds, according to estimates from the Washington Department of Natural Resources.

Blake Severns inspects a wild geoduck just plucked from the bottom of Puget Sound. Severn is a diver with the the Washington Department of Natural Resources Aquatics Resource Division.Courtesy of KOUW news
Blake Severns inspects a wild geoduck just plucked from the bottom of Puget Sound. Severn is a diver with the the Washington Department of Natural Resources Aquatics Resource Division.
Courtesy of KOUW news

A barricade around the Chinese consumer market means trouble for those in the Northwest who rely on Asian trade.

“It’s had an incredible impact,” said George Hill, the geoduck harvest coordinator for Puget Sound’s Suquamish Tribe. “A couple thousand divers out of work right now.”

The U.S. exported $68 million worth of geoduck clams in 2012 — most of which came from Puget Sound. Nearly 90 percent of that geoduck went to China.

Geoduck are highly prized in China, where the clams sell for retail prices of $100 to $150 per pound. Although geoduck are harvested year round, demand peaks during the holiday season leading up to the Chinese celebration of the lunar new year — which falls on Jan. 31 for 2014.

The geoduck (pronounced “GOO-ee-duck”) is a the world’s largest burrowing clam. It’s slow-growing, regularly reaching 100 years old and often weighing as much as 10 pounds.

Harvesters are waiting for the National Oceanic and Atmospheric Administration to negotiate with the Chinese government to come to an agreement on how to move forward and reopen shellfish trade. NOAA stopped issuing certification for shellfish exports last Friday.

Officials say the investigation is ongoing but the closure could last for months. While the industry awaits a resolution at the international level, it is adjusting to the new reality.

The Suquamish Tribe is trying to develop other markets in New York, California and locally at seafood markets in Seattle, Hill said.

Bill Dewey, a spokesman for the largest shellfish supplier in Washington said his company, Taylor Shellfish, is looking at other solutions.

“I was just talking to our geoduck manager and he’s got two harvest crews and three beach crews essentially doing makework,” Dewey said. “He’s too nice a guy to lay them off during the holidays but there’s only so much you can be charitable about making work for people and eventually you’re going to have to lay them off.”

Idle No More founders honoured by U.S. magazine

 

Idle-No-More-founders-honoured-by-U.S.-magazine-Derrick on December 10th 2013 WC Native News

What started in Saskatoon one year ago with a small teach-in grew into a global movement whose founders were recently named by Foreign Policy magazine to its top 100 global thinkers list.

The founders — Jessica Gordon, Sylvia McAdam, Sheelah McLean, and Nina Wilson — are on the list with other notables such as NSA whistle-blower Edward Snowden, U.S. secretary of state John Kerry, Pope Francis, teenage activist Malala Yousafzai, Canadian astronaut Chris Hadfield, and Facebook founder Mark Zuckerberg.

The group’s entry on the list explains how the global movement started when the four women started emailing each other about concerns with proposed federal legislation affecting land management, water management and several other issues related to First Nations, Metis and Inuit people. They started a Facebook page called “Idle No More” to coordinate local meetings and events.

“Before long, #IdleNoMore was trending on Twitter, and protests under the same name spread across Canada. Solidarity demonstrations also occurred in the United States, Europe, and Australia,” the entry states. “The protests in particular targeted Canada’s extractive industries, asserting that new pipelines and other projects would destroy land and disrupt ecosystems. One protest delayed exploratory drilling in British Columbia.”

This is the fifth year the magazine has put out the list.

“This (is a) remarkable list of people who, over the past year, have made a measurable difference in politics, business, technology, the arts, the sciences, and more,” the magazine states on its website.

Link: http://www.foreignpolicy.com/2013_global_thinkers/public/

Temporary Victory for Mi’kmaq! SWN Abandons Fracking Until 2015 elsiroundancefire

Canada_fracking_victory

from APTN National News

A Houston-based energy company that has faced ferocious resistance from a Mi’kmaq-led coalition is ending its shale gas exploration work for the year, says Elsipogtog War Chief John Levi.

Levi said Friday that the RCMP informed him that SWN Resources Canada is ending its exploration work, but will return in 2015.

Levi said SWN and its contractors would be picking up geophones from the side of the highway today. Geophones interact with thumper trucks to create imaging of shale gas deposits underground.

“They are just going to be picking up their gear today,” said Levi. “At least people can take a break for Christmas.”

Demonstrations against the company escalated this week. Demonstrators twice burned tires on Hwy 11 which was the area where SWN was conducting its shale gas exploration.

SWN could not be reached for comment.

SWN obtained an extension to an injunction against the demonstrators Monday after arguing it needed two more weeks to finish its work. In its court filing, SWN claimed it needed about 25 km left to explore.

Levi said the Mi’kmaq community, which sits about 80 km north of Moncton, will be there again in 2015 to oppose the company. Levi said SWN will be returning to conduct exploratory drilling.

“We can’t allow any drilling, we didn’t allow them to do the testing from the beginning,” said Levi.

Levi said word that SWN is leaving is no cause for celebration just yet.

“We went through a lot,” he said. “We need some time for this to sink in and think about everything, think about what we went through…People did a lot of sacrificing.”

There could be happy green news hidden in the budget deal

Reuters/Jonathan Ernst Paul Ryan and Patty Murray, budget buddies.
Reuters/Jonathan Ernst Paul Ryan and Patty Murray, budget buddies.

By Ben Adler, Grist

Congress can often seem hopelessly anti-environment, what with right-wing Republican extremism, the power of extractive industries in both parties, and the rural bias of the Senate. This week is a partial exception, so savor it.

On Tuesday night, House Budget Chair Paul Ryan (R-Wis.) and his Senate counterpart Patty Murray (D-Wash.) struck a deal to fund the government through Sept. 30, 2014, and reverse some of the painful spending cuts from sequestration. The Bipartisan Budget Act does not specify how much money would go to each government program, only that $63 billion that would have been cut from federal discretionary spending over the next two years will instead be replaced thanks to some increases in fees and some cuts from other areas such as federal employee pensions. About half of the spending will go to defense, and half to domestic agencies, including environmental programs. If it passes, it will be up to the House Appropriations Committee to determine exactly which program gets what.

Environmental organizations such as the Natural Resources Defense Council are issuing statements celebrating the good news. “This is a positive first step in undoing some of the damage to national parks, clean drinking water, air pollution monitoring, and other environmental priorities,” says Alex Taurel, deputy legislative director for the League of Conservation Voters.

The celebration could be premature, though. The bill may not even pass the Republican-controlled House of Representatives. Conservatives were objecting to the deal before it had even been made, and anti-government zealots on the far right, such as the Ron Paul–affiliated Campaign for Liberty, are coming out against it.

And if it does pass, environmentalists will still have to pressure congressional appropriators to restore funding to important environmental programs. The wish list is long. Sequestration cuts have made it more difficult for state and local governments to monitor and maintain air and water quality. The Clean Water State Revolving Fund, for example, is an EPA program that gives grants to states to lend money to localities that need to make capital improvements to their drinking-water or wastewater-treatment facilities. Sequestration cuts have meant that governments are putting off these essential investments. Scott Slesinger, legislative director at NRDC, says restoring those funds and making sure that the National Oceanic and Atmospheric Administration has adequate funding are top priorities. A blunt instrument such as sequestration can be very bad for NOAA because some years it needs to make a big expenditure, such as launching a new satellite, that will pay off over many years thereafter. But a hard, low cap on that year’s NOAA appropriation means it won’t have money for other programs.

Other environmental lobbyists point to clean air monitoring as an area where they hope to partially reverse sequestration. “A big area people ought to be concerned about is air pollution,” says Taurel. “A ton of money comes from the EPA and goes out to states to measure levels of smog in the air to tell people if it’s a code red day, or code orange day, and old people, kids, and people with respiratory problems need to stay in.”

Some environmental programs are likely to fare better than others. The EPA, for example, is a terrible bogeyman in the eyes of Republicans, so it may not see much additional funding. Interior Department programs, such as national parks, are less politically polarizing.

“You’ll have hopefully less closures at national parks in 2014 than you saw in 2013,” says Taurel. In addition to national parks and monuments being closed during the recent government shutdown, many were closed during portions of the year due to lack of funds. “One message from the government shutdown is that the public cares about public lands, especially national parks,” says Athan Manuel, director of the Sierra Club lands protection program. “So in theory you would see some of those cuts restored if Republicans are looking at public opinion.”

Why the conditional? Don’t all politicians care about public opinion? Well, many congressional Republicans do not. This is a caucus that rejected gun-control measures with 90 percent public approval in the wake of a massive school shooting. House Republicans are mostly just concerned with winning over the most radical elements of their base, in order to stave off primary challenges and then coast through the general election in their safely Republican districts. But there is not an anti–national parks lobby, much less one with the awesome power of the National Rifle Association, so there is cause for hope.

Some of the $63 billion is coming from oil and gas leasing. Of course, it would be better if no such drilling occurred at all, but it was going to happen anyway. The proposed budget deal would approve a treaty between Mexico and the U.S. to divvy up offshore drilling lease revenue from the GuIf of Mexico, which would add money to the treasury. Other components of the deal, such as limiting interest payments to oil and gas companies that overpaid on leases and eliminating federal assistance for deepwater oil exploration, are actually good, if minor, steps toward removing our enormous subsidies for fossil fuels. On the other hand, the deal does not eliminate tax subsidies for the oil industry, as President Obama has requested.

It is also worth putting the budget deal in its larger, lamentable, context. This is not so much progress as it is a partial reversal of a terrible regression. The sequestration cuts in the Budget Control Act of 2011 were supposed to be so draconian that it would force the two parties to reach a big bipartisan agreement to reduce long-term deficits. The whole premise was half-baked, since at a time of fitful economic growth, high unemployment, widening inequality, and record-low interest rates on federal government borrowing, our focus should be on stimulating growth through more deficit spending, not less. Stronger growth would also reduce budget deficits in the future through higher tax revenues and lower mandatory spending on poverty-relief programs such as food stamps.

Instead of pushing hard for stimulus, Democrats caved to Republicans’ economically illiterate anti-deficit hysteria. And then they found that Republicans were unwilling to make a deal that involved any additional tax revenue, thus dooming the efforts to find a grand bargain and locking in the sequester cuts. We also suffered through a government shutdown caused by Republicans’ irrational demands that President Obama and the Democratic majority in the Senate accede to their entire agenda, as if Mitt Romney had just won the election. Both the sequester and the shutdown adversely affected virtually every environmental program. This deal between Ryan and Murray is the outgrowth of those two catastrophes, and an effort to avoid their repetition.

“We passed the political hurdle where we’re finally starting to push back against the sequester, which is great from our perspective,” says Manuel. But the 2011 budget bill locked the sequestration levels in for 10 years, making them the new baseline from which future government funding levels are negotiated. Every effort to restore or increase funding is now a huge uphill climb. “The harm is still being done,” says Taurel, “because the sequester remains in place.”

Ben Adler covers climate change policy for Grist. When he isn’t contemplating the world’s end, he writes about cities, politics, architecture, and media. You can follow him on Twitter.

 

Tribal Fishery Opposes Washington Coal Terminal

Tribal treaty fishing rights give Washington tribes the opportunity to weigh in on, and even block, projects that could impact their fishing grounds.(Ashley Ahearn/KUOW Photo)
Tribal treaty fishing rights give Washington tribes the opportunity to weigh in on, and even block, projects that could impact their fishing grounds.(Ashley Ahearn/KUOW Photo)

December 11, 2013 Here&Now

About a quarter of all the coal the U.S. exports goes to Asian markets. To meet the demand, there are plans to build what would be the largest coal terminal in North America at a place called Cherry Point in the far northwestern corner of Washington state.

But there’s a hitch. The waters surrounding Cherry Point support a fishing industry worth millions of dollars. It’s also a sacred place for the Lummi tribe, whose reservation is nearby. And thanks to a landmark legal decision in the 1970s, tribes have the right to weigh in on — and even stop — projects that could affect their fishing grounds.

From the Here & Now Contributors Network, Ashley Ahearn of KUOW reports.

Reporter

Ashley Ahearn, environment reporter for KUOW and part of the regional multimedia collaborative project EarthFix.

 

Follow link to listen to Transcript

JEREMY HOBSON, HOST:

It’s HERE AND NOW.

Coal prices are at the highest levels in months thanks to strong demand from Asian markets like China. And to help meet that demand, there are plans to build a huge new coal terminal in Washington State, at a place called Cherry Point. But the waters surrounding Cherry Point support a fishing industry that’s worth millions of dollars, and it’s a sacred place for the Lummi tribe, which has the right to weigh in on or put a stop to projects that could affect their fishing grounds.

From the HERE AND NOW Contributors Network, KUOW’s Ashley Ahearn reports.

ASHLEY AHEARN, BYLINE: Jay Julius and his crew pull crab pots up out of the deep blue waters near Cherry Point. From massive buckets on deck comes the clack and rustle of delicious Dungeness crabs in futile attempts at escape. We’re about 15 miles south of the Canadian border.

JAY JULIUS COUNCILMEMBER, LUMMI TRIBAL COUNCIL: That’s not bad.

AHEARN: Jay Julius is a member of the Lummi tribal council. His ancestors have fished these waters, just like he does now, for thousands of years. One out of every 10 Lummi tribal members has a fishing license, and the Lummi tribal fishery is worth $15 million annually.

COUNCIL: So now we’re entering the proposed area for the coal port. As you can see, the buoys start.

AHEARN: Dozens upon dozens of crab pots buoys dot the waters around us, like a brightly colored obstacle course as we approach Cherry Point.

COUNCIL: We see buoys up there.

AHEARN: If the Gateway Pacific Terminal is built, it could draw more than 450 ships per year to take the coal to Asia. Those ships would travel through this area of Cherry Point. The tribe is worried that its shellfish, salmon and halibut fishery will suffer.

COUNCIL: What does that mean to our treaty right to fish? This will be no more.

AHEARN: That treaty right to fish could play a major role in the review process for the Gateway Pacific Terminal and the two other coal terminals under consideration in the Northwest. In the mid-1800s, tribes in this region signed treaties with the federal government, seeding millions of acres of their land. But the tribal leaders of the time did a very smart thing, says Tim Brewer. He’s a lawyer with the Tulalip tribe.

TIM BREWER: What they insisted on was reserving the right to continue to fish in their usual and accustomed fishing areas. Extremely important part of the treaty.

AHEARN: Those treaty rights weren’t enforced in Washington until a momentous court decision in 1970s 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 fishing areas, has implications for development projects, like coal terminals.

BREWER: If a project is going to impair access to a fishing ground and that impairment is significant, that project cannot move forward without violating the treaty right.

AHEARN: And in recent decades, tribes have flexed to those treaty muscles. The Lummi stopped a fish farm that was planned for the water’s off of Lummi island in the mid-’90s. The tribe argued that constructing the floating net pens would block tribal access to their usual and accustomed fishing grounds.

BREWER: And in that case, the Corps of Engineers denied that permit on that basis. There was no agreement that was bled to be worked out there.

AHEARN: But in other situations, agreements had been made.

DWIGHT JONES: My name is Dwight Jones. We’re at L.A. Bay Marina.

AHEARN: Jones is the general manager of the marina. Behind where he’s standing, Seattle’s Space Needle pierces the downtown skyline in the distance.

JONES: L.A. Bay Marina is the largest privately owned and operated marina on the West Coast. We have about 1,250 slips.

AHEARN: The marina was built in 1991 after a decade of environmental review and haggling with the Muckleshoot tribe. The marina is within the tribe’s treaty fishing area.

JONES: It was contentious, I guess, would be the right word.

AHEARN: Could they have stopped this project from being built?

JONES: Oh, absolutely. Absolutely they could’ve stopped it.

AHEARN: But they didn’t. Instead, the tribe negotiated a settlement. The owners of L.A. Bay Marina paid the Muckleshoot more than a million dollars upfront. And for the next hundred years, they will give the tribe eight percent of their gross annual revenue.

JONES: Anybody in business can tell you that eight percent of your gross revenue is a huge number. It really affects your viability as a business, so…

AHEARN: What would you say to companies that are trying to build a coal terminal?

(LAUGHTER)

JONES: I’d say good luck. It’s a long road, and there will be a lot of cost and the chances are, the tribes will make it – will probably negotiate a settlement that works well for them and will be – not be cheap.

AHEARN: SSA Marine and Pacific International Terminals, the companies that want to build the terminal at Cherry Point, have lawyers and staff members trying to negotiate a deal with the Lummi. But Jay Julias, a Lummi councilmember, laughs when I asked him how he feels about the company’s efforts to make inroads with the tribe.

COUNCIL: I say they’re funny, but I think they’re quite disgusting. The way they’re trying to infiltrate our nation, contaminate it, use people – it’s nothing new.

AHEARN: SSA Marine declined repeated requests to be interviewed for this story. But they emailed a statement. It says: We sincerely respect the Lummi way of life and the importance of fishing to the tribe. We continue to believe we can come to an understanding with the Lummi nation regarding the Gateway Pacific Terminal project. For HERE AND NOW, I’m Ashley Ahearn in Seattle. Transcript provided by NPR, Copyright NPR.

Columbia River Treaty Recommendation Near Finalization

Jack McNeelThe Pend Oreille River, near Kalispel tribal offices, supplied salmon and steelhead to Native people but that ended when Grand Coulee Dam was built.
Jack McNeel
The Pend Oreille River, near Kalispel tribal offices, supplied salmon and steelhead to Native people but that ended when Grand Coulee Dam was built.

Jack McNeel

ICTMN 12/10/13

Will fish passage be restored from the Columbia River to Canada? Will a 15-tribe coalition significantly influence an international treaty that will last a lifetime? Can Canada and the U.S. agree to financial impacts affecting each country? Will ecological concerns get equal consideration with electric power rates?

These questions are part of the Columbia River Treaty recommendation that is due to go to the U.S. State Department in mid-December. Congress won’t be making any decisions at this point, in fact 2014 is the first year either Canada or the U.S. can notify the other whether to eliminate the treaty, retain it as is, or to modify it. Even then there is a 10-year clock for both countries to analyze and prepare for international negotiation. Despite that time lag, the next few months should decide the U.S. position on these critical questions, many of which effect Native people on both sides of the border.

The original treaty, ratified in 1964, had two primary purposes of flood control and hydropower but tribes had virtually no say in the development of the treaty. Much has changed in the past 50 years. One significant change is the many years of experience tribes now have in international treaty work, especially regarding the Pacific Salmon Treaty. Fifteen of the northwestern tribes have now formed a coalition to work together in obtaining considerations of importance to them in a future long-term treaty.

Joel Moffitt, Nez Perce and Chairman of the Columbia River Inter-Tribal Fish Commission, spoke before the Senate’s Committee on Energy and Natural Resources on November 7, first pointing out the Columbia Basin Tribes are working with the U.S. Entity and other sovereigns and do not have their own alternative technical or draft proposals as might have been suggested by others.

Moffitt summarized what the Columbia Basin Tribes see as critical elements: Integrate ecosystem-based function as a third purpose equal to hydropower and flood risk management; Enhance spring and summer flows while stabilizing reservoir operations; Pursue restoration of fish passage to historic locations; Pursue with Canada post-2024 operations to meet flood risk management objectives, and finally, and important to power interests, balance the annual payment to Canada known as Canadian Entitlement.

He explained the impacts to “Columbia Basin Tribes, First Nations and other communities all the way up to the headwaters,” began with the construction of dams even before the present treaty. “The tribes have also been excluded from its governance and implementation. The Treaty does not include considerations of critical tribal cultural resources.” He went on to add, “The tribes believe that a modernized Treaty needs to address the Columbia Basin using a watershed approach that integrates ecosystem-based function, hydropower, and flood risk management on both sides of the border.”

Moffitt explained that this approach, among other things, should increase recognition and preservation of tribal first foods, increase salmon survival, increase resident fish and wildlife survival, and allow fish passage to historical habitats now blocked.

Matt Wynne, tribal secretary for the Spokane Tribe and a member of the 15-tribe coalition, commented, “The part that the Spokane Tribe is really interested in seeing to fruition is at least a study on anadromous fish passage above Grand Coulee Dam.”

Wynne added that he was happy with the overall draft recommendation. “It looks a lot more for Indian country than it ever has before. This was a really good move in a positive direction with the 15 basin tribes coming together and working together to have the ecosystem-based function as an element of the treaty. I’m really proud of how the 15 tribes have worked together.”

The public was introduced to the draft recommendation earlier this year and were encouraged to comment. Time has now expired for public comment but those comments were considered by the Sovereign Review Team in developing the regional draft which is going to the State Department.

The major conflict within the region is between the “power group” with the single focus of trying to reduce power rates for Pacific Northwest rate payers and the tribes and conservation groups who advocate an equitable role for eco-based functions which include fish passage to Canada. While the recommendation is near completion there is still a power struggle to better reflect the work of the region as opposed to the single focus of the power group.

Washington State’s Democratic Senator Maria Cantwell sits in a very pivotal seat at a pivotal moment. She chairs the Senate Committee on Indian Affairs and is no doubt being lobbied hard by both groups. With 15 U.S. tribes involved and similar numbers of First Nations bands in British Columbia, Indian country has much at stake.

John Podesta, climate hawk and Keystone opponent, joins Obama team

This post has been updated at the bottom with news that Podesta will recuse himself from the Keystone XL decision.

By Lisa Hymas, Grist

President Obama is getting a new high-level adviser who cares a lot about climate change and doesn’t care much at all for the Keystone XL pipeline.

John Podesta is no stranger to the White House; he served as chief of staff to President Clinton. And he’s no stranger to the Obama team; he led the president’s transition into office after the 2008 election. Since then, he’s served as an “outside adviser,” The New York Times reports, and “has occasionally criticized the administration, if gently, from his perch as the founder and former president of the Center for American Progress, a center-left public policy research group that has provided personnel and policy ideas to the administration.”

For the coming year, he’ll be advising from the inside. He will help out on health care and “will focus in particular on climate change issues, a personal priority of Mr. Podesta’s,” according to the Times. Podesta is expected to encourage Obama to take action through his executive authority, as Congress is unwilling and unable to pass legislation on climate change or much else. “Podesta has been urging Obama for three years to use the full extent of his authority as president to go around Congress,” Politico reports.

Podesta is also an outspoken opponent of Keystone, and his move to the White House is making some Keystone boosters nervous, National Journal reports.

InsideClimate News has more:

His arrival comes just as the decision on TransCanada’s proposal to build a controversial pipeline to deliver tar sands crude from Alberta across the midsection of the United States approaches a critical turning point: the completion of a final environmental impact statement by the State Department. That will be followed by a crucial 90-day period in which Obama must decide whether the pipeline is in the U.S. national interest. …

Podesta has allied himself closely with some of [the environmentalists opposing the pipeline], including the wealthy investor Tom Steyer, who has been mobilizing opposition to the project. They appeared together at CAP’s conference to celebrate its 10th anniversary this fall.

Just last week, CAP co-sponsored a daylong conference with Steyer’s team in Georgetown to argue that the pipeline could not pass the litmus test Obama set back in June — that the Keystone could only be approved if it didn’t significantly exacerbate greenhouse gas emissions. …

[A]s the various interests in the Keystone decision make their final arguments at the White House, Podesta could not be better positioned as a particularly close adviser to voice his own views — and to debunk the arguments of those who favor the tar sands pipeline.

Will Podesta make the difference on Keystone? Don’t count on it. There are already plenty of people in the administration on both sides of the issue. Ultimately, the call is Obama’s alone.

But Podesta could make the difference on UFO issues

UPDATE, from The New Yorker:

A White House aide emailed late Tuesday that Podesta would recuse himself from working on the Keystone Pipeline decision.

“In discussions with Denis,” the aide said, speaking of White House Chief of Staff Denis McDonough, “John suggested that he not work on the Keystone Pipeline issue, in review at the State Department, given that the review is far along in the process and John’s views on this are well known. Denis agreed that was the best course of action.” Podesta’s climate change portfolio will therefore be limited largely to overseeing implementation of E.P.A. regulations, which are already moving along, and not the far more controversial and politically sensitive decision about the pipeline.

Still, Podesta is on record strongly opposing the pipeline. If Obama approves the project, he will have to do so knowing he is contradicting the assessment of his new climate-change adviser.

Full disclosure: Grist periodically reprints posts from ClimateProgress, a Center for American Progress blog.

Lisa Hymas is senior editor at Grist. You can follow her on Twitter and Google+.

House Farm Bill Provision would make eating fish more dangerous

As featured on eNews Park Forest.com, Dec 5, 2013

Washington, DC–(ENEWSPF)–December 5, 2013.  It’s farm bill debate time—again. And as conferee members saddle up to the negotiation table to attempt yet another meeting of the minds before the winter recess, most of the public watching and waiting for word on a resolution are focused on issues like food stamps and milk.

What most are not waiting for and has not been at the forefront of the media and public discussion concerning the pending farm bill negotiations are the small but dangerous provisions of the House bill concerning the Federal Water Pollution Control Act (expanded and overhauled as the Clean Water Act (CWA) in 1972) and the U.S. Environmental Protection Agency’s (EPA) ability to regulate pesticides used near, over, and in water. It should be.

fishing-207x300Seeking to nullify the Sixth Circuit’s ruling in National Cotton Council v. EPA and the resulting general permit, sections 12323 and 100013 amend CWA to exclude pesticides from the law’s standards and its permitting requirements. Known as the National Pollution Discharge Elimination System (NPDES), CWA requires all point sources, which are discernible and discreet conveyances, to obtain either individual or general permits. Whether a point source must obtain an individual or general permit depends on the size of the point source and type of activity producing the pollutants. Regardless of whether it is a general permit or individual permit, an entity cannot pollute without a permit and in most cases can only permit in the amounts (called effluent limitations) and ways prescribed in the permit.

Separate, but inextricably linked to the NPDES program, are CWA’s water quality standards, under which states are responsible for designating waterbody uses (such as swimmable or fishable) and setting criteria to protect those uses. If a water body fails to meet the established criteria for its use, then it is deemed impaired and the states, or EPA, if the state fails to act, must establish a Total Maximum Daily Load (TMDL), a kind of pollutant diet. The system comes full circle in that impaired waters with TMDLs can be integrated into the NPDES permits.

Neither CWA nor the NPDES program are perfect, but one need look no further than the fish we eat to understand the important role that this critical environmental framework plays in limiting human exposure to pesticides and other toxins.

CWA, Fish, and the Pesticide Connection

In the recently released Environmental Health Perspectives’ article, Meeting the Needs of the People: Fish Consumption Rates in the Pacific Northwest, the complexities of the CWA, its NPDES progam, and its water quality standards criteria are laid out in a disturbing tale of environmental justice and failing bureaucracies.

In short, Native Americans in the Pacific Northwest eat a lot of fish. It’s part of their culture and a way of life preserved in their legal and tribal rights, but they are facing increasing health risks due to the toxic chemicals in those fish. The solution to this problem seems fairly straight-forward: reduce the toxins in the water so that the levels in the fish are safe to eat. It’s a solution envisioned by CWA and its web of regulatory protections, however, as the article explains, “One of the variables used to calculate ambient water quality criteria is fish consumption rate.”

While the takeaway from the article is somewhat defeating and shows the far-reaching weaknesses of existing risk assessment methodologies, the underpinnings of the article —the connection between a water body’s water quality criteria, an entities NPDES permit, and the safety of the fish we put in our mouths— cannot be dismissed as irrelevant tales of woe. Whether the system is functioning perfectly or not, the point is that a system exists that contemplates the risks inherent to consuming toxin-laced fish and has the potential to protect the general consuming public.

From Fish Back to the Farm Bill

What does not have this ability is the Federal, Insecticide, Rodenticide, and Act (FIFRA). It is this federal framework, however, on which supporters of the House provision hang their hats and point to as the already-in-place protective standard capable of preventing water pollution from pesticides. Beyond Pesticides has debunked this argument in more ways than one. Other environmental advocacy groups have also pointed out that the sky has not fallen since EPA’s implementation of the general pesticide permit under CWA.

The Clean Water Act is intended to ensure that every community, from tribe to urban neighborhood, has the right to enjoy fishable and swimmable bodies of water. There is a lot of work still to be done to improve the nation’s waters and protect the health of people dependent on those waters.  Without the Clean Water Act, there are no common sense backstops or enforcement mechanisms for reducing direct applications of pesticides to waterways. It may not be perfect, but it is better than nothing, which would be the effect of the House farm bill. We can’t afford to lose these protections.

Tell your Senators to oppose any efforts to undermine the Clean Water Act.

 

For more information, read our factsheet, Clearing up the Confusion Surrounding the New NPDES General Permit and visit our Threatened Waters page.

Sources:  Environmental Health Perspectives, Natural Resources Defense Council, U.S. Environmental Protection Agency, http://www.beyondpesticides.org/

All unattributed positions and opinions in this piece are those of Beyond Pesticides.