Tuesday, August 30, 2011

Competing Interests of Wind Turbines and Wildlife

Wind turbines are an important method of providing power and generating electricity. It is often thought that this is a one of the more eco-friendly ways to provide power. However, some studies show that wind turbines can greatly affect wildlife such as birds. When balancing these competing interests, are wind turbines really eco-friendly?

According to John Laumer’s article, “Common Eco-Myth: Wind Turbines Kill Birds,” vehicles in the U.S. kill millions of birds each year, and between 100 million to 1 billion birds collide with windows. Compare that number to the 2001 National Wind Coordinating Committee study, which revealed that turbines kill 2.19 bird deaths per turbine per year. These figures would appear to show that wind turbines are far less harmful than both cars and windows to the avian population. But other research argues otherwise.

The article “Energy in America: Dead Birds Unintended Consequence of Wind Power Development” by William La Jeunesses suggests that eagles, hawks, and owls often fall prey to wind turbines. He explains that California’s largest wind farms kill more than 80 eagles per year, and this number will increase steadily as the state increases its reliance on wild power. The Altamont Pass Wind Resource Area, another California wind farm, is a state-approved wind farm, and it kills 4,700 birds annually, including 1,300 raptors, among them 70 golden eagles. These animals are not only majestic, but important to the natural environment of the United States, and balancing these competing interests, even in one of the most eco-forward states, is incredibly difficult. Many complain that as wind farms become larger and more prevalent, it is becoming more and more difficult for these birds to avoid them. On the other hand, the more prevalent these wind farms are the less reliant California is on other sources of power.

The article “Renewable Energy’s Environmental Paradox,” by Juliet Eilperin and Steven Mufson, explains that a new development, the SunZia transmission line that would link sun and wind power from central New Mexico with cities in Arizona, would be a great environmental accomplishment from the perspective of generating solar and wind power for a large area. However, the site that was chosen crosses grasslands, skirts two national wildlife refuges and crosses the Rio Grande, both of these areas have precarious eco-systems and are areas rich in wildlife. The building of this line would specifically affect the Sandhill crane’s winter home. This was poor planning on the part of the builders and planners of this project, and because of its location, it will likely have a greater negative environmental impact then it would have had it been located elsewhere.

Wind energy is one of the strongest alternatives currently available to counteract our reliance on oil. However, the more it is used, the more likely it is to have a larger impact. Wind turbines can be an effective way to decrease our dependence on oil, but if it comes at the cost of wild life, then it may not be worth the expense. More research will have to be done to evaluate whether there are more effective ways of preserving the avian population, and protecting them from their interactions with wind turbines. It is also essential that when these sites are chosen, there is careful evaluation of the location of the site in relation to animal habitats, specifically avian habitats.

-Sloane Tait, Legal Intern

Wednesday, August 3, 2011

EPA to Issue New Rules Regarding Mercury Pollution

The EPA Has Proposed New Rules for Mercury and Toxics Emissions

In March of 2011, the EPA proposed a new set of mercury and air toxic
standards. The proposed standards by the EPA would reduce the
emissions of toxic air pollutants from new and existing coal- and
oil-fired electric utility steam generating units (EGUs), an important
development for Jacksonville, FL. A special section of the proposed
standards called the "Toxics Rule" aims to reduce emissions of various
heavy metals, including mercury, arsenic, chromium, and nickel. The
proposed standards will set numerical emission limits for these toxics
at both existing and new coal-fired EGUs. These toxic pollutants are
believed to be linked to cancer, heart disease, lung disease and
premature death.

Additionally, the new rules will limit emissions of organic air
toxics, including dioxin, by establishing work practices for existing
and new coal and oil-fired power plants. One example is by requiring
an annual performance test program for each EGU. The annual
performance test program will “include inspection, adjustment, and/or
maintenance and repairs to ensure optimal combustion.”

The Benefits of the Proposed Standards

The EPA anticipates that the new standards will prevent 91% of mercury
from entering the air, which will hopefully help reduce the risk of
air pollutants damaging the brains of children, pollutants which are
thought to result in loss of IQ and a diminished ability to learn.
The EPA anticipates that the standards will also protect Americans
from cancer and other health risks that they may have acquired from
exposure to these metals. And of course, the proposed standards are
also expected to protect thousands of lakes, streams, rivers, and
wetlands from mercury and acid rain pollution.

Perhaps unexpectedly, employment rates are also anticipated to benefit
from these new pro-environmental standards. The EPA has predicted
that the new standards will provide employment for tens of thousands
of Americans to build, install, and operate the equipment that will be
used to reduce emissions of mercury, acid gases, and other toxic air
pollutants, a win-win situation for sure.

The Opposition to the Proposed Standards


Some utilities have already implemented the technology that would be
required to meet these proposed standards, but other utilities like
American Electric Power (AEP) have not and they are lobbying Congress
to delay finalizing the proposed rules. Utility companies’ lobbyists
argue that cutting emissions as the proposed standards require will
cause them an economic hardship. And Congressman Ed Whitfield, a
representative from Kentucky, a coal-producing state, said that House
Republicans will introduce legislation in August to postpone the
proposed standards. Whitfield has been on record as saying, "We don't
really have expectations that we can repeal all of this, but if we can
delay the final rule, delay the compliance period and address whether
or not technology is really available, then I think we've accomplished
a lot.” The Public Trust will keep an eye on this proposed
legislation.

When Will we See these New Standards?

Back in June, 2011, due to requests by Congress and in order to
encourage more public comments, the EPA extended the time for the
public to give input by 30 days from its prior deadline of July 5,
2011. Thus the EPA will be accepting comments on the proposed standard
until August 4, 2011. The final standards are scheduled to be
issued in November 2011. This November deadline may be subject to
change if there are continued lobbying efforts and the House
Republicans are able to get legislation passed that will delay the
standards. However, as of now the proposed standards should be
finalized and issued in November 2011. Stay tuned to see who dares to
stand in the way of healthier children, adults, and environment.

-Andrew Miller, Executive Director

Friday, July 8, 2011

City of Jax Beach to "Renurish" Our Beaches

Another round of beaches “renourishment” will begin in Jacksonville Beach today, Friday July 8, 2011. The last beach “renourishment” project was in 2005. Beach “renourishment” is the process by which sand that has been eroded from the shoreline is being replaced with sand from another source of sand. The Beaches’ shoreline has been eroded due to jetties and dredging of the St. Johns River. The beaches “renourishment” project is expected to replace about 735,000 cubic yards of sand. Sand will be pumped from the bottom of the ocean about eight miles off shore and then the sand will be distributed on the shore. The entire project will cost about 11 million and it is being funded with federal funds (62%), state funds (18%), and Jacksonville City funds (20%).

Work will begin in Jacksonville Beach near 36th Avenue South and it will move north to about one block south of Florida Avenue. Then work will move north towards Neptune Beach and Atlantic Beach from Lemon Street to just south of 19th Street in Atlantic Beach. The entire project is expected to last for at least 50 days, including about a month in Jacksonville Beach and about three weeks through Atlantic Beach. Work will be done 24 hours a day and seven days a week. Portions of the beach where work will be conducted will be temporarily closed. However, areas outside of the work will remain open.

Beachgoers may notice that the sand will be a different color than the sand that was there before the project began. However, according to the City of Jacksonville Beach the replacement sand met criteria set by the state of Florida for Duval County beaches including proper “grain size distribution, shell content, and color.” Also, according to the City of Jacksonville Beach, within a few days or weeks the sun will bleach the sand and the sand will turn into a color that is similar to the color of the sand before it was replaced. The City of Jacksonville Beach has concluded that this beach “renourishment” project will “protect us from future tropical storms, hurricanes, and nor'easters” and that the project is important to preserve the beach, recreation, environmental habitat, and property along the shore.

Although there are alleged benefits to beach “renourishment” there are also some consequences that may occur due to beach “renourishment.” Since the replacement sand will be pumped from the bottom of the ocean it can be expected that the pumping will negatively affect organisms and habitats that are in the area where the sand is being pumped. Also the placement of the pumped sand on the shore may negatively affect organisms and habitats where the replacement sand is being distributed. Therefore while it is important to deal with beach erosion, the process of beach “renourishment” may not be the best option. The negative consequences of beach “renourishment” should be taken into consideration and weighed against the benefits that the beach “renourishment” is expected to bring. However, it seems like beach “renourishment” is the only option being exercised and considered by the government, perhaps citizens should examine other ways that the government can best deal with beach erosion.

-Antionette Vanterpool, Legal Intern

Protecting the Atmosphere for Future Generations through Atmospheric Trust Litigation

Mary C. Wood, an environmental law professor at the University of Oregon argues that the atmosphere is a natural resource that should be protected in trust by the government, making the government trustee of the atmosphere and obligating the government to reduce carbon emissions to protect the atmosphere and combat climate change. This theory is based on the public trust doctrine which is a legal principle that requires the government to protect natural resources that belong to the people, for present and future generations. Under this theory every level of government from federal to state to local governments could be held accountable for protecting the atmosphere as a public trust.

Wood argues that “atmospheric trust litigation” is a way for citizens to bring lawsuits against their governments in order to force governments to meet their obligations to protect the atmosphere. So how does atmospheric trust litigation work? First courts must declare that the atmosphere is in the public trust. Then courts could make a judgment that sets the trust obligations that governments have to comply with. Courts could also order an accounting against governments, which requires governments to measure their carbon footprint and then show courts that they are reducing carbon emissions based on scientific findings. Through this accounting, citizens would be able to see if their governments are really reducing carbon emissions. In addition, if courts find that government officials are not meeting their obligations courts could hold officials in contempt of court or make rulings prohibiting activities that contribute to carbon emissions. In May, 2011, Our Children’s Trust, a nonprofit organization based in Oregon filed suit in all 50 states on behalf of children, alleging that government entities violated the public trust doctrine because they failed to limit greenhouse gas emissions that contribute to climate change. Our Children’s Trust asked courts to find that states have a duty to future generations to protect the atmosphere in trust immediately.

The public trust doctrine has usually been used to protect public access to navigable waterways and beaches. Therefore, getting courts to agree to declare the atmosphere within the public trust may be very difficult because this would require courts to accept an untraditional legal argument. Atmospheric trust litigations are currently being litigated, so the public will have to wait and see whether or not courts will find that the atmosphere should be protected in trust. Perhaps if one court agrees that the atmosphere should be protected in trust then other courts will follow suit, but so far no court has made a decision finding the atmosphere to be a resource held in trust by the people. Our Children’s Trust has upcoming hearings in several states with regard to their requests for courts to declare the atmosphere a public trust. The dates and times of those hearings can be found at http://ourchildrenstrust.org/legal-action.

-Antionette Vanterpool, Legal Intern

Selling and Developing Government Land

Last year the Jamaican government announced that it was going to sell 3,000 acres of property in Font Hill. The property is proposed to be used for the development of a large resort hotel. The land has many environmental features from beaches to agricultural lands to a mangrove forest. The land is also the habitat for wildlife ranging from the American alligator to the West Indian Whistling Duck to migratory birds. This sale has been strongly opposed by environmental lobbyists in Jamaica. These lobbyists are concerned about what will happen to the wildlife that are on the property and the destruction of natural resources. The government officials that support the development of Font Hill believe that the development will create jobs and help the economy. Lobbyists argue that the development may help the economy, but at what risk to an area of biodiversity?

Also in Jamaica, the Urban Development Corporation, a government agency, proposed to develop Winnifred Beach and deny the public access to the beach. The Corporation proposed to put cottages and villas on the beach. The public has opposed the development of the beach arguing that it will degrade the environment of the beach by negatively impacting species habitats and negatively impacting the coral reefs. The public has also argued that the beach has been used by the public for years and therefore the beach should remain open for public access.

Meanwhile, according to Dennis Kravitz, an AP business writer, in the United States in May, 2011, the Obama administration asked Congress to sell off 12,000 government owned properties claiming that they were under underutilized or were no longer needed. The Obama Administration says that taking the properties out of the government’s hands would save the government about $15 billion over a three year period. The United States government owns about 1 million pieces of property and pays about $20 billion a year to operate and maintain the properties. These talks to sell government owned properties came at a time when the government was trying to cut the deficit. The government proposed that the money that would be saved by selling the properties would be used 60% to pay the deficit and 40% to cover the costs to run government facilities. Selling these properties may allow for private entities to purchase and develop the properties causing environmental harms. There are environmental regulations that new developments may be subject to but should the government sell lands that have the potential for development causing environmental harms or does the economic benefit that the government will receive outweigh the potential environmental harms?

Should governments allow government owned lands to be privatized? It seems like every time the sale of government land or privatization of land has come up it almost always is proposed for an economic benefit. In Jamaica government owned property is being sold to develop a hotel to create jobs and a beach is being privatized to bring tourists to stay at cottages and villas on the beach. While in the United States, government land is being proposed to be sold to help pay off the government’s debt. While government economic interests are important I can’t help but wonder how privatization of these lands will impact the environment. Are these governments really taking into consideration the economic environmental benefits that these lands provide now?

-Antionette Vanterpool, Legal Intern

Should the U.S. take action to protect Bluefin Tuna, Or should it be an International Effort?

The population of bluefin tuna has declined over the years due to overfishing and more recently the western Atlantic bluefin tuna population will be affected by the Gulf Oil spill. The Center for Biological Diversity filed a petition in May 2010 for protection of bluefin tuna as an endangered species, but in May 2011 the Obama Administration declined to give bluefin tuna endangered species protection. The National Oceanic and Atmospheric Administration (NOAA) said that they would place the species on a watch list as they wait to see how the species is managed through international agreements and initiatives. Larry Robinson, NOAA’s assistant secretary stated that bluefin tuna did not need endangered species protection because the species was “not likely to become extinct.”

Other environmental organizations believe that bluefin tuna should be protected through an international effort instead of the U.S. unilaterally listing the species as an endangered species. However an international attempt last year to protect bluefin tuna at the United Nations Convention on International Trade in Endangered Species was blocked. Also, according to Lee Crockett, the director of federal fisheries policy for the Pew Environment Group it has been suggested that international protection of the species has not been effective because fishermen still illegally catch more than the legal quota.

It is understandable that the Center for Biological Diversity would want the bluefin tuna to be given endangered species protection, but it seems as if not given the species endangered species protection was not an error because based on the Endangered Species Act, 16 U.S.C. §1531, in determining whether a species is endangered the Secretary of Interior or Commerce shall give consideration to species that are in “danger of extinction.” Therefore, since bluefin tuna was not in danger of extinction at the time that the Center for Biological Diversity filed its petition, listing the bluefin tuna as an endangered species was not required. Therefore, if environmental organizations seek to protect the bluefin tuna they should either keep monitoring the species to see if it becomes in danger of extinction or push the U.S. government to join in any international agreement that seeks to protect the bluefin tuna. It is difficult in international agreements to get all of the countries to strictly enforce the agreement but just because an international agreement is not as strong or effective as environmental organizations would like them to be does not mean that the U.S. government has to take over regulation in an area that they have found does not need its unilateral protection or that is not required by its laws. However, it can become frustrating if all attempts to protect a species is merely for show on paper and no real protection is being done. Perhaps in a few years the issue of bluefin tuna receiving endangered species protection will be revisited.

-Antionette Vanterpool, Legal Intern

Wednesday, June 29, 2011

Vote for the Timucua National Park!!!

America Is Your Park Launches Today, Vote At LivePositively.com For the Timucuan Ecological and Historical Park To Win $100,000!

Washington D.C. (June 29, 2011) – If you’re reading this, you should get to
your the Timucuan Ecological and Historical Park – STAT! The National Park Foundation, in partnership with Coca-Cola, America’s State Parks and the National Recreation and Park Association, launched today the second annual America Is Your Park campaign and is encouraging all Americans to get outdoors and embrace a healthy
lifestyle, while also embracing the importance of keeping our parks
protected and preserved.

Families are also invited to vote for their favorite park to win the title
of “America’s Favorite Park” and a $100,000 recreation grant made possible
by the Coca-Cola Live Positively initiative.

“Last year, millions of Americans showed their passion for their favorite
parks by voting, so this year we’ve raised the stakes – more parks can win
and there are more ways to vote,” said L. Celeste Bottorff, Vice President,
Living Well, Coca-Cola North America. “We’re asking people to be ‘digital’
by voting online for their favorite park and then get ‘physical’ by getting
out and having fun with us this summer.”

Throughout the summer, people can help their favorite national, state or
local park win big with just a click of a button and there is no limit on
the amount of times one can vote. There are four different ways people can
vote:
1. Click on their favorite park at LivePositvely.com and vote
2. Upload photos of themselves in their favorite park to LivePositvely.com
3. Starting August 10, they can upload video of themselves in their
favorite park to LivePositvely.com
4. Starting July 11, people also can vote by checking into a park using
Facebook Places

The three parks that receive the most votes by September 6, 2011 will be
awarded grants in the following amounts: First Place - $100,000; Second
Place - $50,000; and, Third Place - $25,000. These grants will help
restore, rebuild or enhance recreation areas in parks where people can play
and be active.

The campaign encourages people to attend active healthy living events at
local parks in select cities this summer. Additionally, people can watch,
download and share fitness-in-the-park videos from LivePositively.com
featuring fitness icon Jake Steinfeld, founder of “Body By Jake.”

“Our national parks are home to our country’s treasures -- from our iconic
landscapes to the hallowed places where history happened,” said Neil
Mulholland, President and CEO, National Park Foundation. “Thanks to
dedicated partners like Coca-Cola and the America Is Your Park campaign,
our nation’s parks can continue to receive the vital support they need.”

Last year, thanks to more than 1.6 million votes cast by its supporters,
Bear Head Lake State Park in Ely, Minnesota was named “America’s Favorite
Park.” The park is using the grant to build a new warming hut to ensure
safety and comfort for winter sports enthusiasts all season long.

For more than 40 years, Coca-Cola has supported America’s parks through
partnerships with individual parks and national park organizations. The
Company has donated more than $14 million for restoration and renovation of
our country’s parks, including the restoration of more than 260 miles of
“Active Trails” for families to hike and explore, and development of the
first sustainable recycling program at The National Mall, a national park
in the heart of Washington, D.C. Most recently, Coca-Cola donated $1
million to The Statue of Liberty-Ellis Island Foundation’s Peopling of
America® Center, which helps to oversee the historic restoration of the
national park.

About The National Park Foundation
You are the owner of 84 million acres of the world’s most treasured
landscapes, ecosystems, and historic sites -- all protected in America’s
nearly 400 national parks. Chartered by Congress, the National Park
Foundation is the official charity of America’s national parks. We work
hand in hand with the National Park Service to connect you and all
Americans to the parks, and to make sure that they are preserved for the
generations who will follow.

Join us – This is Your Land. www.nationalparks.org
FACEBOOK http://www.facebook.com/nationalpark
TWITTER http://twitter.com/goparks