Good Republican discourse in Burrillville


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387
Donald Fox

“So fucking recall me,” said Burrillville Town Councillor Donald Fox, then, turning to the Burrillville residents who had stopped to watch the argument, continued, “and that’s going for all you guys listening. Recall me. It’s okay.”

After Wednesday night’s record breaking Burrillville Town Council meeting, which lasted until twenty minutes past midnight and resolved nothing regarding the tax treaty between the town and Invenergy, the company that wants to bring a $700 fracked gas and diesel oil burning power plant to the town, Burrillville Town Councillor Donald Fox was heard having a loud conversation with candidate for town council Ray Trinque, who also serves on the town’s sewer commission.

The discussion was in the parking lot of the Burrillville High School, after the town council finished its business. Several people were in the parking lot watching and listening to the conversation, including Jeremy Bailey, a Burrillville resident and a Democratic candidate for town council.

Ray Trinque
Ray Trinque

The conversation between Fox and Trinque is “about the sewer commission’s role with Invenergy’s application,” but it quickly dovetailed into events that happened earlier in the year, when Burrillville residents were considering initiating a recall petition against members of the town council. Trinque claims to have interceded on behalf of Fox.

Here’s the transcript, as best as I could hear:

“So why are you trying to make people think that we can stop it, that if the sewers are…” says Fox in the video.

“I didn’t say that…” interrupts Trinque.

“But that’s what everyone in that fucking theater thinks,” exclaims Fox, gesturing towards the high school auditorium.

“I asked a question,” counters Trinque, “But this is why I’ve avoided these town council meetings…”

“Well you should if you’re going to bring up shit like that because you know we can’t do anything about it!”

“Yeah but the whole point is, the first one I get to, I mean [garbled] because I’m not loyal enough…”

“I don’t give a shit!” says Fox.

[crosstalk]

“I’m as loyal as they get!” says Trinque.

“I don’t care about that at all,” says Fox.

[crosstalk]

“Ray, that has nothing to do with this process.”

“This has to do with this process,” says Trinque, “because when these guys were going to recall all of you and wanted you number one…”

“Fucking recall me!” exclaims Fox, “It’s okay!”

“Let me tell you, I talked them into not doing it…” Trinque tries to say.

“It’s okay!” exclaims Fox again, “You know me…”

“Because it would have been ultimately unsuccessful and it would have…”

“You know I don’t care,” says Fox, exasperated, “I’ve got better things to do.”

“I understand that,” says Trinque.

“So fucking recall me,” says Fox, then, turning to the Burrillville residents who had stopped to watch the argument, “and that’s going for all you guys listening. Recall me. It’s okay.”

It’s at this point in the video that Fox notices Bailey recording the conversation.

“You’re going to film it? You’re filming it?” Fox asks.

“Yup,” says Bailey.

“You are such an unbelievable,” says Fox.

“Listen,” says Fox, turning his attention back to Trinque, “It doesn’t matter. You know that we can do nothing about the sewer commission… We’re doing what’s right and you know that. We’re doing everything by the book and to throw stuff out like that is…”

At this point the pair are interrupted by a person in a car.

“Can I help out?” asks the motorist.

“No, this is two Republicans going at it,” says Fox.

“You know,” says Trinque, “Good Republican discourse.”

“We got the Hollywood guy over here filming,” says Fox, gesturing towards Bailey.

In an email, Fox wrote a lengthy reply to the video, which I am including in it’s entirety below:

Ray and I were arguing about the sewer commission’s role with Invenergy’s application.  I took exception to him making public comments about the sewer commission’s capacity when he knows very well that the Town Council cannot control what the Sewer Commission does.  Plus, if the power plant company gets their DEM permitting and all is in order according to State regulations, the Sewer Commission cannot stop them from using the system.  But to bring that up in that manner, when the residents were there to talk about the proposed tax treaty agreements, can lead people to incorrectly believe that the TC can do something about it.  We cannot.  I repeat that we cannot stop Invenergy from using the sewer plant for discharge.

“I have known Ray Trinque for years and appreciate the service he has done for this town through is efforts on the School Committee.  We have often talked about the town, the role of the TC, the role of the School Committee.  It was this Council that appointed Ray to the Sewer Commission.  We have attended many events together and I am proud to call him my friend for the wonderful work that he does with the veterans groups.  So we feel very easy talking about any issue, whether we agree or not.  Ray mentioned a recall effort and I told him that I do not care if I am recalled for doing what is right.  I have never done public service for anything but that – public service.  I will always do what is correct for the Town, not what is correct for politics.  I hate how the power plant issue has been used as a political tool by some in town.  And I am proud of the efforts made by this Town Council to stay away from that and not make it a political issue.  If Council members wanted to use this as a political tool that effort would have been made 2 years ago when Rep. Cale Keable brought the plant to town.

“I have heard about the recall rumors for months and my stance has not changed or been influenced by that.  Let me give you some background on myself.  I never did military service when I was younger and am so very proud of the men and women that I know in my life who have done such service.  One of my best friends has done multiple tours overseas in Iraq and Afghanistan, in horrific conditions.  I feel that serving on boards, commission and Council has been my small way of doing something worthwhile for the greater good of my community.  While it can in no way be compared to the sacrifices that our armed forces make, I take a page from my friend’s book – I do not back down to pressure and will always do what is right.  Recall rumors do not affect me and I do not care about them.  That is political garbage and it will not sway me on how I conduct myself as a Council member.

“Let me repeat that, I do not care about such things.  If the constituents of this town feel that I should be recalled for executing, to the best of my abilities, the responsibilities of a Council Member then that is their legal  right.  My voting record is clear.  My actions are clear.  My stances are clear.  I believe in Burrillville.  I want to protect it as much as anyone.  I am raising my 3 children and family here.  I invested $1.1 million of my own money in a new building in Burrillville, when there were cheaper options to build or lease elsewhere in RI and in MA..  I put my money where my mouth is because I believe in this town.

“So when someone like Jeremy Bailey wants to film me and Ray Trinque having a passionate argument about what is good for Burrillville, I do not care.  As I said, Ray and I are friends who have both long served the town, supported the town and care about this town.  According to this week’s Bargain Buyer, Mr. Bailey is a one topic candidate and does not deserve votes in this community due to potential conflict of interest that he has.  The ad questions how he can vote on power plant related issues when he is listed on the abutter list  in the PVGA.  I have to agree with whoever placed that ad.  Mr. Bailey not only has his facts wrong, but he has been a pawn of the Democratic Town Committee in its effort to make the power plant a political issue.  Mr. Bailey’s actions as a sneaky filmmaker do not concern me.  What concerns me is doing what is right for this town.  What concerns me is being part of a Council that has done things the right way since the plant came to town in December of 2014.  What concerns me is that our Council has worked and continues to work for the good of this town and has put aside political aspirations and goals while doing work on the power plant issue.  No one can accuse this Council of not doing what if feels is best for the town as a whole.

“You in your blog very early on questioned this Council for its neutrality so that our boards’ advisory opinions would not be tainted.  Turned out that we did the right thing for the town as a whole.  Yet we were attacked repeatedly by you and others for making this difficult stance.  If people want to recall me for taking such actions, then recall me.  No one will ever accuse me or anyone on this very sound and professional Council of doing anything but what is best for the town.  If you are going to write about this, please include my complete reply herein.”

EPA forced to confront water pollution in Rhode Island


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387
ri_mashapaugpond_litter3_clf
Mashapaug Pond

Conservation Law Foundation (CLF) argued Tuesday before the United States District Court for the District of Rhode Island concerning the failure of the U.S. Environmental Protection Agency (EPA) to adequately protect Rhode Island waterbodies from ongoing and devastating stormwater pollution. Despite determinations from EPA and Rhode Island’s Department of Environmental Management (DEM) that Mashapaug Pond, Bailey’s Brook, North Easton Pond, and other nearby waters are seriously harmed by runoff from surrounding commercial and industrial properties, EPA failed to require dischargers to obtain the necessary permits under the federal Clean Water Act.

ri_mashapaugpond_drain_clf
Mashapaug Pond

“One of the great sources of pride for Rhode Island – the Ocean State – ought to be our ponds, rivers and beautiful coastline, but decades of toxic runoff has imperiled our waters, closed our beaches and endangered important wildlife habitats,” said CLF attorney Max Greene. “There’s no question that nasty pollutants like nitrogen and phosphorus, the precursors to toxic algae blooms, are constantly flowing from industrial campuses and commercial shopping centers into nearby waterways, yet EPA has sat on its hands rather than take the legally-required steps to address this rampant contamination. Today, EPA was forced to answer for that neglect in federal court, and we’re optimistic that Rhode Island waters will soon be on the path to recovery.”

Today’s hearing comes on the heels of an announcement from Rhode Island DEM earlier this month that lower Narragansett Bay, lower Sakonnet River, and a portion of Rhode Island Sound are being closed due to toxic shellfish findings associated with harmful algae blooms.

For more information on CLF’s fight to protect Rhode Island from stormwater runoff, please see CLF’s white paper on the issue, “Closing the Clean Water Gap: Protecting our Waterways by Making All Polluters Pay.”

A copy of CLF’s filing can be read here, and photos of the endangered Mashapaug Pond can be seen here.

ri_mashapaugpond_mural3_clf

 

Even National Grid’s contractor doesn’t seem to know what’s going on in Fields Point


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

When allegations surfaced last month that National Grid was pushing ahead with their Fields Point liquefaction project despite lack of approval from the Federal Energy Regulatory Commission (FERC) and no proper permits from city and state agencies, Grid spokesperson David Graves was quick to deny it, saying, “The work underway at our property at 642 Allens Ave. property, which has been properly permitted, is unrelated to the liquefaction project.”

Then this picture was taken yesterday:

kiewit-01

When asked for an explanation, Graves today said, “Kiewit put this sign up without our knowledge. They are the contractor building the access road for equipment and personnel working on the LNG tank embankment improvement. They are also the contractor designated to oversee installation of the liquefaction equipment when we have the OK to proceed with that project. It appears that in their minds the projects are one and the same, which is not the case. There is no work going on associated with the liquefaction project. Kiewit has been told to take down the sign and replace it with one that clearly identifies what work is underway.”

It seems that the projects under way at Fields Point are so confusing and interconnected that even National Grid’s contractors are having trouble telling them apart.

NoLNGinPVD, an environmental group opposed to the liquefacton facility, issued the following statement: “This is another glaring example of why we cannot trust the process at National Grid’s word and why it is an embarrassment to our state that the “public” utility is pulling the strings of our public officials. DEM refuses to hold National Grid accountable and enforce the legally petitioned for Public Involvement Plan. The city council ordinance committee has shelved a resolution calling for public oversight. The federal delegation that spoke out when a similar project would have affected recreational usage of the bay by wealthy suburbanites is deafeningly silent when the burden of danger is and pollution is absorbed by working class people of color on the south side of Providence. National Grid and their contractor Kiewit do know what they are doing, they are forcing unneeded and dangerous fossil fuel infrastructure on a community of color that has raised many environmental justice concerns. They know this, and they think they can get away with it. We’re going to make sure they don’t.”

Whitehouse not the climate champion Burrillville needs


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387
2016-02-01 FANG Whitehouse PVD City Hall 09
Senator Sheldon Whitehouse

United States Senator Sheldon Whitehouse has a national, and even international, reputation as a climate champion, noted Rhode Island Senate President M Teresa Paiva-Weed as she introduced him to to the nearly 150 people gathered in Newport for a community dinner and Q&A. Paiva-Weed talked up Whitehouse’s concern for his constituents, saying, “Someone like Sheldon makes it a point to be home and to have a focus on the issues at home.”

But to the residents of Burrillville who drove for over an hour through rush hour traffic to attend the dinner, Whitehouse hardly seems focused on “the issues at home” and in fact, his own words belie that. His international reputation as an environmental champion is of small comfort to the townspeople fighting Invenergy’s $700 million fracked gas and diesel oil burning power plant.

Whitehouse touted his environmental concerns in his opening remarks, saying, “The good news is that… the [climate] denial operation really is collapsing. You can feel it visibly. We’re at the stage where the CEO of Exxon has had to admit, ‘Okay, climate change is real, and we’re doing it and we want to get something done.’”

Climate change, says Whitehouse, “is going to hit home for Rhode Island in a really big way and I want to make sure that I’ve done everything that I possibly can to make sure that we are as prepared for it as we can be in the Ocean State.”

Richard Dionne, vice president of the Burrillville Conservation Commission was called on by Whitehouse to ask the first question.

“When discussing the most influential senators from Rhode Island on environmental quality issues, your name is often brought up in the same sentence as our former Senator John H Chafee,” said Dione, “Not bad company to be in if I do say so myself.”

“Really good company,” agreed Whitehouse.

Dione continued, “However, our Senator Chafee would be rolling over in his grave if he knew that a 900 megawatt fracked gas power plant being proposed by Governor Raimondo was to be sited smack dab in the middle of the John H Chafee Heritage Corridor in the northwest corner of Rhode Island, on the shared border with neighboring states Connecticut and Massachusetts.

“This area has been recently designated as part of the National Park Service. The approximately 13,000 acres of protected forests, recreational areas, wetlands and conservation areas is absolutely the most inappropriate area for this type of project.

“Every environmental organization in the state of Rhode Island has come out against the project,” continued Dione, “including the Environmental Council of Rhode Island, the Audubon Society, the Nature Conservancy, Blackstone Heritage Corridor, the list goes on and on, I have a list right here…”

“I know the list,” said Whitehouse.

“At many of the public hearings I attend, invariably the question gets posed to me, ‘Where is our environmental Senator on this issue and what is he doing for his constituents in Burrillville?’ A town which, by the way, has supported your election in 2006 and 2012.

“So my question is Senator Whitehouse,” said Dione, winding up, “What answer can I bring back to the people of Burrillville, and can you commit this evening to opposing this power plant?”

“The short answer is,” said Whitehouse after a short pause, “There is a process…”

“Here we go,” said a woman at my table with open disdain.

If there was a wrong answer to give, this was it. Everyone who attended Governor Gina Raimondo’s appearance at the Burrillville High School has heard this answer before. No one takes “trust the process” seriously. It’s political dodge ball.

Conservation Law Foundation (CLF) attorney Jerry Elmer has spoken eloquently about the process. “Remember that the reason – the raison d’etre – that the General Assembly created the EFSB (Energy Facility Siting Board) was precisely to take these energy siting decisions away from the Town Councils and town planning boards,” wrote Elmer.

RI Senator Victoria Lederberg, who got the EFSB legislation through the General Assembly 30 years ago, called the siting board concept “one-stop shopping” for power plant developers. Climate change, environmental concerns and the health and safety of residents didn’t seem to be high on the General Assembly’s priorities when the EFSB was formed.

The process renders the opinion of ordinary townsfolk essentially meaningless, said Burrillville Planning Board attorney Michael McElroy. “The EFSB can take [our opinion], they can take it in part, or they can reject it.”

“There is a process,” said Whitehouse, “taking place for [the power plant] through the state Energy Facility Siting Board. They take sworn testimony, as I think you know. There are a whole bunch of local environmental groups that are intervened into that proceeding. The Conservation Law Foundation has come down from Boston to intervene in that proceeding. They have witnesses.”

Senator Whitehouse is incorrect here. The only environmental group certified as an intervenor in the EFSB proceedings is the CLF. The Burrillville Land Trust, Fighting Against Natural Gas (FANG), Burrillville Against Spectra Expansion (BASE) and Fossil Free Rhode Island were denied intervenor status, as it was felt that their interests would be seen to by the CLF.

“It’s essentially an administrative trial that is taking place,” continued Whitehouse, “I have confidence in that process. I have confidence in Janet Coit at DEM (Department of Environmental Management) who by virtue of being the DEM director is on the Energy Facility Siting Board. I have confidence in Meg Curran, chairman of the Public Utilities Commission (PUC) who by virtue of being chairman chairs that Siting Board, and there’s going to be somebody from the Department of Administration…”

Associate Director of the Division of Planning, Parag Agrawal, is the third member of the EFSB.

“It’s a process I’ve worked with from my earliest days,” said Whitehouse, “when I first came as a young lawyer to Rhode Island I worked in the Attorney General’s office and I practiced representing the people before the Public Utilities Commission.

“So I have confidence in the process.

“Congratulations,” added Whithouse, “The opposition to Invenergy, I think, has won every round. Burrillville said ’No’ on planning, Burrillville said ‘No’ on zoning, the water board said ‘No’ on water, so I think you’re, yeah, it’s a process and I know it would be easier to just yell about it but it’s a process that I think is honorable and will come to the right result.

“So I want to focus my efforts on where it will make the biggest difference. I know we’ve had some conversation, repeatedly, but I still am of the view that, with the force and strength that I have available to me, I want to apply every bit of that force and strength to the battle in Washington, which if we win it, will be immensely significant, not just to Burrillville but to all of Rhode Island and to the country and the world.

“So, sorry that I don’t have more to give than that, but I do think that I give pretty well at the office with what I do on this issue. Thank you for bringing it up though, I appreciate it.”

Burrillville resident Lynn Clark was called on to ask the next question. This seemed like a coincidence, but in fact, half the questions asked concerned the power plant in Burrillville, in one way or another.

Clark rose and with only the slightest hint of nervousness in her voice, said, “My name is Lynn and I come from the northwest corner of the state of Rhode Island. It has been my home all my life. I applaud you and I love the work you’re doing on the environmental front.

“In Burrillville, our little town has come together and we have come out strong against this giant plan. We have a lot of environmental groups [on our side], 23 currently, and we are working hard.

“I wish I could say that I am as confident in this process as you are, sir. It has been a scary process. We have been consumed by this process. I have been at every meeting, for hours, two or three meetings per week. Sir, this is a scary, scary process.

“We need a champion in Burrillville and we are asking you to please come see us. Please, come talk to us. If this Invenergy [power plant] gets built, the detriments to our little state will be just horrifying.”

Clark’s appeal to Whitehouse was raw and emotional. It’s the kind of speech people give in movies to roust tired champions into battle one final time.

But this wasn’t a movie and Whitehouse wasn’t willing to be the hero.

“I hear you,” said Whitehouse, once again echoing words Governor Raimondo used in Burrillville when she visited, “I can’t add much to what I’ve said to Richard. Thank you for taking the trouble to come down and share your passion.

Eagle Scout James Lawless with Whitehouse
Eagle Scout James Lawless with Whitehouse

“It is the National Heritage Corridor,” said Clark, not giving up, “We also have a boy scout camp up there, camp grounds… Have you been up to Burrillville?”

“Oh yeah,” said Whitehouse.

“Okay,” said Clark, “I hope you come visit us soon, sir. Thank you.”

Other questions came and went. Whitehouse was asked about the Supreme Court vacancy, grid security and the opioid epidemic. When Newport resident Claudia Gorman asked Whitehouse  about the Federal Energy Regulatory Commission (FERC), he admitted that on the federal level, at least, he isn’t as certain about the integrity of the process.

“There have been several problems, at the federal level, with the approvals,” said Whitehouse, “They haven’t baked into their decision making what is called the social cost of carbon.” Whitehouse added that we don’t take seriously the problem of methane gas leaks, and that he held the first hearings on the issue of gas leaks and that we still don’t know the full extent of that particular problem…

The last question of the evening came from Cranston resident Rhoda Northrup. She rose as Whitehouse tried to bring the discussion to an end, and would not allow the dinner to end without asking her question.

“I do not live in Burrillville I live in Cranston,” said Northrup, “and what’s going on in Burrillville should not be completely on their backs. This is a global issue for all of us and if that power plant comes to our state of Rhode Island, it will set us back forty years. We will be committed for another forty years to a fossil fuel.

“That’s wrong.

“We need to move forward with wind and solar. And with all of that said, I would like to ask the senator if he has an opinion. With everything that’s been said tonight, ‘Do you have an opinion?’

“I know it’s a process,” said Northrup, “but that’s not an answer. Everybody’s telling us it’s a process. We know that. We’re walking the process. But we’re asking our leaders if they have an opinion. You must have an opinion.”

There was a short pause before Whitehouse answered.

“My opinion is that we must get off fossil fuels,” said Whitehouse.

“Thank you for that,” said Northrup.

But Whitehouse was’t finished. Lest anyone believe that by that statement Whitehouse was taking a stance against the power plant in Burrillville and matching action to his words, Whitehouse switched to his familiar political talking points.

“My opinion is that the best way to do that,” continued Whitehouse, “is to balance the pricing of fossil fuels, so that they are treated fairly in the marketplace. Right now they have a huge, unfair advantage because they don’t have to pay for the cost of the harm that they cause…”

EFSB established as ‘one-stop shopping’ for power companies


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387
Ocean State Power Plant
Ocean State Power Plant

On the day the Rhode Island Senate Finance committee passed the legislation that would establish the Energy Facilities Siting Board (EFSB), Robert L Bendick Jr, the director of the RI Department of Environmental Management (DEM) asked, “I just wonder what’s going on here. What’s the driving force behind this?” [Providence Journal, April 11, 1986; pg A-15]

The question Bendick asked on April 9, 1986 strongly resonates today. Jerry Elmer, of the Conservation Law Foundation, said the EFSB “was designed to take the power to stop a proposal like Invenergy’s out of the hands of the local people… and put it into the hands of the EFSB.”

Governor Gina Raimondo refers to EFSB decision making as “the process” and asks us all to trust in it, but how are we to trust if we can’t tell if the intent of the process is to serve Rhode Islanders or to serve the energy industry?

What is going on here? Here’s some historical context.

Back in 1986, Ward Pimley, writing for the ProJo, wrote, “Sen. Victoria Lederberg, D-Providence, the sponsor, said the [EFSB] bill streamlines the approval process required for obtaining licenses to build major energy facilities for generation of electricity, treatment of liquefied natural gas, oil refineries and the like…”

2003_Lederberg
Victoria Lederberg

Victoria Lederberg was an impressive woman and public servant. A judge, she “served as state representative from 1975-1983 ,representing the East Side of Providence, and state senator from 1985-1991… Lederberg was a trailblazer, becoming the first woman of Italian heritage to serve in the Rhode Island legislature.”

Pimley continues, “In previous testimony, Lederberg called the siting board concept ‘one-stop shopping,’ where interested developers could learn what they must do to obtain licenses and fulfill obligations to build. She said it removes jurisdictional overlapping among regulatory agencies.

“She said the bill recognizes the state’s need for ‘reasonably priced, reliable sources of energy’ and balances that with issues affecting public health and environmental impact.”

Nine years earlier, in his January 1977 inaugural address, Governor J Joseph Garahy outlined his ideas for the state’s energy objectives. Siting of energy projects heretofore had been haphazard, and based solely on the whims of industry. Garahy had a vision “to site energy facilities in light of state plans, rather than private industry decisions.” He was governor of a Rhode Island that was suffering from environmental mismanagement, and the new governor was hoping for a different approach. The EFSB, at its best, would be a realization of Garahy’s vision, but in an effort to please industry rather than regulate it, Garahy’s vision may have been compromised.

Public Utilities Commission] Chairman Edward F Burke, Pimley wrote, “testified earlier that the legislation is important because there are eight or nine potential applications for energy-generating facilities that could be built in some other state unless the licensing procedure were streamlined.

“He cited a $300-million facility proposed for Burrillville that should provide electricity by 1989 on property owned by Narragansett Electric as an example of the type of facility that can be built.”

This $300-million facility is the Ocean State Power plant, which currently uses 4 million gallons of water a day to cool its turbines.

Recognizing that the EFSB would allow industry to override the environmental concerns of the state, Sen. William C. O’Neill, today more famous as a South County bike path than a Democratic senator from Narragansett, objected. Here’s Pimley’s play-by-play of what he called a ‘hot debate’:

“You feel DEM is an obstacle,” O’Neill said. “You removed that obstacle, and you know it.”

“You’re absolutely incorrect,” Lederberg shot back.

“I’m concerned that you’re allowing other agencies to override DEM,” O’Neill said.

“I totally disagree,” Lederberg said. “This shares decision-making. DEM has an important role. That’s why we’ve made them one of the board members. It does not weaken the permit-granting power by DEM.”

Lederberg said DEM does not have veto authority to stop any project it wants, but it still is involved in the planning process.

Then Sen. David R. Carlin Jr, D-Newport, said the siting board can overrule decisions of other agencies.

“It seems it’s clearly overriding DEM,” he said.

O’Neill, seeing DEM Director Robert L Bendick Jr watching the proceedings, said he would vote for the bill if Bendick agreed that DEM’s interests would not be jeopardized by it, but committee chairman Donald R. Hickey, D-Providence, called for a vote.

“The bill was approved, 8 to 4.”

This is what prompted Bendick to ask, “What’s going on here?” adding, “If what they’re doing is overriding the department’s authority, I’m opposed to it.”

Months earlier, in an editorial, the ProJo had endorsed Lederberg’s proposal writing, “As a House member in 1979, Mrs. Lederberg sponsored a similar bill that died in the Senate. Former Gov. J. Joseph Garrahy, who supported the bill, issued an executive order embodying many of its details, but that wasn’t an adequate substitute for statutory enactment…

“Mrs. Lederberg says energy installations must be reviewed in terms of regional need and cost-effectiveness, not on the basis that Rhode Island must be totally self-sufficient in energy.” [Providence Journal February 17, 1986; page A-10] Note that Lederberg is not quoted as mentioning, and that the ProJo editorial seems uninterested in, environmental issues.

Pimley noted that the bill, as originally introduced by Lederberg, allowed the General Assembly to override an EFSB decision, but that provision was removed before passage because “it was no longer needed.”

Pimley also noted that “support for the legislation came from the Governor’s Office of Energy Assistance, the PUC and Narragansett Electric Co.”

Narragansett Electric is today a wholly owned sub-entity of National Grid.

Of special concern to all involved with the establishment of the EFSB was a proposal “to build twin natural-gas-fired plants in Burrillville. According to a plan disclosed Tuesday, the plants would be supplied by a new, 25-mile gas pipeline that would run from Sutton, Mass., to the Burrillville site and on to Cranston.” [Providence Journal, February 13, 1986; page A-14]

The very first application the EFSB took up was the Ocean State Power Plant in Burrillville.

Ranglin-Vassel, Walsh call on state to fix Canada Pond dam


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387
Marcia Ranglin-Vassell
Marcia Ranglin-Vassell

Progressive legislative candidates Marcia Ranglin-Vassell and Moira Walsh are imploring the state to “act with urgency” on a distressed dam that could destroy parts of their Providence districts if it fails.

The state Department of Environmental Management said the Canada Pond dam near the north of the city is a “significant hazard” that could damage the neighborhood if it breaches. According to a recent article in the Providence Journal about the dam: “a collapse could unleash a wall of water along Route 146 that would swamp Branch Avenue, which handles about 15,000 cars a day, and undermine power lines that carry electricity from a generating station in Massachusetts to a substation in Providence.

Moira Walsh and Malcolm
Moira Walsh and Malcolm

“Most of it would barrel down the railroad tracks along State Street to Canal Street and empty into the Providence River downtown. Part of it could be expected to split off near the Home Depot on Charles Street, sweep south at Route 95 and follow the railroad tracks downtown.”

“I cannot understand how this threat was allowed to reach this point,” said Ranglin-Vassell. “Right now, my neighbors are at risk. Our community needs leaders who take proactive action, rather than waiting until people are in danger of getting really hurt. It is stunning to me that my opponent has represented our threatened area for decades and yet, to my knowledge, has never made any attempt to organize a response to significant safety threat. I call on city and state officials to take all possible precautions and immediately begin working either to fully repair the dam or fully remove this hazard to our community.”

Walsh said, “I was born and raised in this neighborhood, and for as long as I can remember, it’s felt like our community has gotten the short end of the straw when it comes to city and state services. But I never imagined that would extend to actually leaving us in danger of being in the path of a broken dam. This neighborhood needs elected leadership that will stand up and fight for our families, even when it means taking DEM, the city, and the state to task and forcing them to treat matters like this with urgency. It’s unfortunate that the people currently in charge don’t seem up to the task, because there is nothing more important than the safety of our community. When I am state representative I look forward to putting that safety first.”

Ranglin-Vassell and Walsh are two of the many up-start progressive campaigns running against more-conservative, establishment Democrats. Ranglin-Vassell is challenging House Majority Leader John DeSimone, whom the Rhode Island Progressive Democrats filed an ethics complaint about yesterday. Walsh is running against Tom Palangio.

Secrecy and heavy security for Janet Coit’s Invenergy visit on Monday


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

IMG_0350Janet Coit’s visit to the proposed site of Invenergy’s new gas and oil powered energy plant in Burrillville on Monday raises very real questions about what the DEM director calls a “fire wall” that prohibits communication between her and the parties involved in the case she is deciding. In response to my questions, Todd Anthony Bianco, coordinator of the RI Energy Facility Siting Board (EFSB), said:

“A site visit of the Invenergy property will not violate the Energy Facility Siting Board Rule regarding ex parte communication. All parties were given notice through counsel and have the opportunity to attend. The purpose of the visit is for a Board member to familiarize herself or himself with the area in order to ask informed questions through discovery and during the hearing.”

IMG_0329Janet Coit, director of the RI Department of Environmental Management, is one of the two people sitting on a three person board (alongside RI Public Utilities Commissioner Margaret Curran) who will ultimately be deciding on whether or not to grant Invenergy permission to build an unneeded, polluting gas and oil burning power plant in Burrillville.

Anthony Bianco’s explanation that, “parties given notice and hav[ing] the opportunity to attend” is not the legal standard. The correct legal standard was accurately stated by EFSB Chairperson Margaret Curran at the January 29 EFSB Open Meeting: “We are not allowed to discuss anything about this [case] except in public at an Open Meeting.”

What was said to Janet Coit yesterday in the woods in Burrillville was not, in Chairperson Curran’s words, either: (a) in public (the public was not permitted to be present); nor (b) in a formal Open Meeting.

What the public can’t know, and may never know, is:

What exactly this visit was about, what was said at this visit between Director Coit and Invenergy representatives, and whether there was record keeping and documentation of this visit to ensure compliance with the rules regarding ex parte communication. Will the specifics of what is being discussed at the site, outside the public hearing process, be made public? Is there a public record of this event? Why wasn’t the press and public invited to attend this?

In response to these questions, Anthony Bianco sent me the following statement:

“After notice and invitation to the attorneys for all parties, Director Coit, as well as attorneys for some of the parties, visited the Invenergy site in compliance with R.I. Gen. Laws §42-98-13(a) which authorizes member of the siting board to inspect the property where the applicant intends to construct a facility.  During that visit, conversation about the matter was to identify where the various components of the facility, the access road and transmission line would be located.  Any questions Director Coit may have regarding what she observed during the visit will be asked through the hearing process and made part of the record.  Conversations between Chairperson Curran and Director Coit about this matter must be during an open meeting, on the record, and properly noticed.  Since the visit did not constitute an open meeting, as only one Board member was present, public notice was not required.  Because the site visit took place on private property, only parties to the proceeding were invited.  Beyond the parties to the proceeding during this board member’s visit, all decisions regarding access to the property belong to Invenergy and Spectra.”

Before, during and after Director Coit’s visit to the site of the proposed plant, the Burrillville Police Department and other law enforcement officials stood guard to prevent the public and the media from attending. As Anthony Bianco said, “all decisions regarding access to the property belong to Invenergy and Spectra.”

Sure, the site has been the scene of multiple arrests over the last year or so as environmental activists protested the fracked gas infrastructure build up that is threatening the survival of our planet, but the heavy police presence is a sure sign that Invenergy wants to keep the visit as secret as possible. One local opponent of the proposed power plant, a Burrillville resident, informed me that the police followed her to her home that day when she drove by the entrance to the site. This smacks of intimidation, to my mind.

The presence of the police at the site continues a practice seen in Rhode Island before: When the interests of a powerful energy company are questioned by the public, the police become involved, even if there are no laws being broken. National Grid behaved the same way back in August during a public hearing for the Field’s Point LNG expansion.

IMG_0337

Patreon

DEM Director Coit’s Invenergy visit calls ‘fire wall’ into question


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387
clear river energy center
Clear River Energy Center

UPDATE: Todd Anthony Bianco, Coordinator of the RI Energy Facility Siting Board, said the following in an email:

“A site visit of the Invenergy property will not violate the Energy Facility Siting Board Rule regarding ex parte communication. All parties were given notice through counsel and have the opportunity to attend. The purpose of the visit is for a Board member to familiarize herself or himself with the area in order to ask informed questions through discovery and during the hearing.”

Janet Coit, director of the Department of Environmental Management (DEM), will be touring the site of Invenergy’s proposed gas and oil burning power plant today at 1pm. As one of the two members of the EFSB (Energy Facilities Siting Board) she is legally not allowed to receive “any information about the case at any time or in any manner outside the hearing process,” according to Jerry Elmer, Senior Attorney at the Conservation Law Foundation (CLF).

At issue is the Clear River Energy Center, a proposed 900-1000MW power plant to be located in Burrillville, RI. Last week, the ISO-New England Forward Capacity Auction demonstrated that there is no need for this plant to be built.  We also have evidence accumulating that building this plant will ensure that RI will not meet its commitments to a clean energy future.

Not having conversations with any of the various interests concerned with the proposed power plant is important to the process. During the EFSB hearing on January 12, Coit explained that she was “firewalling” herself from any information that may come up as the DEM does its part towards certifying the plant. At the time, some activists in the room openly doubted Coit’s remarks. At a protest of Governor Gina Raimondo’s support for the plant at Goddard Park, orchestrated by members of Fighting Against Natural Gas (FANG) and Burrillville Against Spectra Expansion (BASE), Coit told BASE founder and activist Kathy Martley that she could not speak to her about the plant because of the firewall.

The CLF, according to Elmer, “does not want in any way to interfere with the usefulness of the visit,” but they were sure to remind the EFSB board of the RI Supreme Court’s holding in Arnold v. Lebel, 941 A.2d 813 (2007). This ruling “prohibits anyone from giving EFSB members any information about the case at any time or in any manner outside the hearing process,” says Elmer.

What is interesting about the site visit is that Tod Bianco, the EFSB “coordinator”, sent out the email invitations not to the entire list of parties working through the EFSB process, but only to the lawyers involved. To Elmer, “This means, almost by definition, that what is said in the woods in Burrillville to Janet [Coit] is outside the hearing process.”

Also, what exactly the law is on what can or cannot be said to Coit during this meeting is unclear. “Arguably,” says Elmer, “Janet asking, ‘Where is the route that the transmission interconnection will go,’ and the answer, ‘From that point over there to this point over here,’ is not allowed.”

An email to Coit, the Governor’s office and DEM staff has gone unanswered as of this writing, but we will be glad to update the story should any of these parties respond. A lawyer representing the CLF will also be on the site visit, to “observe what occurs and who says what to whom.”

If there are improper conversations between Invenergy officials and Director Coit, it will be a matter for the courts to decide, though as was said earlier, figuring out the law here could be tricky. In any event, saying the wrong thing outside an official hearing puts Invenergy in the position of having the entire case closed, meaning that the plant cannot be built.

Patreon

Siting Board acting on Invenergy’s schedule for Burrillville gas plant


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Clear River Energy Center logoEFSB Chair Margaret Curran said that because of the “tight time schedule” it’s critical that the board get advisory opinions “as soon as possible,” raising the question as to why the board feels the need to rush Invenergy‘s application process.

The EFSB also denied all but two motions that were brought before it today.

The Energy Facilities Siting Board (EFSB) met today to decide a number of issues pertaining to the “Clear River Energy Center” a new methane gas power plant planned by Invenergy for the Town of Burrillville.

Things did not go well for opponents of the plan.

Curran began the meeting reminding those in attendance that their would be no public comment. This did not stop people from standing and loudly declaring their dissatisfaction with some decisions made by the board.

EFSB board member Janet Coit, director of the Department of Environmental Management (DEM), asked that people “respect the process” and stressed that there would be ample opportunity for public comment. Then the board began making their decisions.

Dennis and Kathryn Sherman and Paul and Mary Bolduc whose properties are near the site of the proposed plant and whose interests are not covered by any other intervenors, were granted intervenor status by the EFSB.

The Rhode Island Progressive Democrats (RIPDA) were denied. They do not have an adequately expressed interest.

Fighting Against Natural Gas  (FANG) and Burrillville Against Spectra Expansion (BASE) are also denied, their intervention was decided to be not in the public interest.The simple allegation “however heart felt” of public interest is not enough.

Fossil Free Rhode Island (FFRI),  Sister Mary Pendergast and Occupy Providence filed identical applications, and there is no reason to grant intervenor status said Curran and Coit.

Peter Nightingale, from Fossil Free RI, issued the following statement upon the group being denied intervenor status:

“Rhode Island government may decide to sell Rhode Island down the “Clear River.”

  • “If it does, it may have acted in accordance with twisted statuary law.
  • “But government, in that case, will have failed in its fiduciary duty to protect the natural resources —air, land and water— it holds in trust for the People.
  • “When the time comes, those responsible will be held accountable for their crimes against humanity and nature.”

Nightingale was escorted from the room by security when he rose and loudly read his statement to the board.

Pat Fontes, representing Occupy Providence, also rose and spoke, as she left the room. Fontes said, in a statement, “The predator’s pursuit of profit produces pain for poorer people. It’s the weakest who inherit the consequences without ever having their opinion about the risks taken into account.” She said, “Remember Flint, Michigan!” as she left.

Sally J. Mendzela‘s motion was dismissed because her ideas were “outside the scope” of the process.

The Burrillville Land Trust‘s motion for intervention was denied. Their concerns will be dealt with by the DEM, said the board. “I think their will be other opportunities” said Coit, for the Burrillville Land Trust to make their concerns known. The Land Trust’s motion to close the docket was rendered moot by their denial of intervenor status.

Paul Roselli, president of the Burrillville Land Trust was not surprised by the Board’s decision. He maintains that the issue of biodiversity will not be covered. The impact on species is dependent on an individual species’ status as endangered or threatened, etc. The overall or “holistic” impact of something like Clear River is not considered, and this is the perspective Roselli hoped the Land Trust would bring.

Still, some good came out of the Land Trust’s motion. Invenergy’s application has been updated to ensure compliance with section 44 of the Clean Water Act.

RI Administration for Planning, Office of Energy Resources, the DEM, the RIPUC, RIDOT, the Department of Health and other state agencies will all be asked for advisory opinions. Curran says that because of the “tight time schedule” it’s critical that we get advisory opinions “as soon as possible.”

This raises the question: Why is the EFSB on a Invenergy’s time table?

The Office of Energy Resources will render advisory opinions regarding all issues per the Resilient RI Act. as bought up by the Conservation Law Foundation (CLF).

The board will be looking for specific limitations on the use of “secondary fuels,” said Curran. The proposed power plant is made to run on fuel oil as well as methane, as discussed on RI Future here.

There was also some consideration given to Obama’s Clean Power Plan.

The EFSB is chaired by RI Public Utilities Commission (RIPUC) Chairperson Margaret Curran and has only one other sitting member, Janet Coit, director of the Department of Environmental Management (DEM). The third position on the board is usually filled by the associate director of  the RI Administration for Planning, a position currently unfilled.

The first public hearing will be on Thursday, March 31 in the cafeteria of the Burrillville’s High School. The meeting will be officially announced soon.

clear river energy center

Patreon

Fossil Free RI statement on Invenergy power plant hearing


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Fossil Free RIAt its public meeting today, the Rhode Island Energy Facility Siting Board postponed ruling on giving grassroots groups and individuals the opportunity to get a fair hearing of their objections to the Clear River Energy Center, a fracked-gas power plant proposed by Invenergy, based in Chicago, IL.  The board will announce its final ruling on this matter at the next public hearing, scheduled for January 29.

The two remaining members of the three who should make up the board serve at the pleasure of Governor Raimondo, who is on record supporting expansion of the “natural” gas infrastructure. As a result, Janet Coit, one of the two board members, is in a bind.  She is Director of the Rhode Island Department of Environmental Management and an avid environmentalist.  Last summer, she spoke at the Sierra Club-sponsored rally, “The Environment is Everyone’s Business.”  Coit is painfully aware of the toll climate change is already taking on life in Narragansett Bay.  At the rally, she referred to a “profound experience” she had looking at colonial nesting birds on Hope Island. She said: “There are several islands in the Bay that used to host colonies of nesting terns and now they are submerged.”

Said Lisa Petrie of Fossil Free Rhode Island: “We’re calling on Governor Raimondo to wake up and recognize that building more gas-fired power plants threatens the future of our state and of humanity as a whole.”  Indeed, the Invenergy proposal is inconsistent with the U.S. Environmental Protection Agency’s 2009 Endangerment Finding, which determined that greenhouse gas emissions endanger public health and welfare of current and future generations.  This language parallels that of the 2007 denial of a fossil-fuel plant permit by Roderick Brembly, Secretary of the Kansas Department of Health and Environment. Obviously, team Raimondo is lagging reality by almost a decade.

Fossil Free Rhode Island reiterated that Governor Raimondo’s policies violate Article 1, Section 17 of the Rhode Island Constitution, the supreme law of the state, which clearly specifies the duty “to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state.”

The Conservation Law Foundation has put forth that, by increasing Rhode Island’s greenhouse gas emissions, the Clear River Energy Center would violate the Resilient Rhode Island Act of 2014. The foundation urged the Board to terminate its deliberations, which would effectively deny Invenergy the permit it seeks.

The Burrillville Land Trust, in a blistering take down of Invenergy’s proposal, argued for the same and writes: “We are being denied an opportunity to respond in a meaningful way because of mis-information, inadequate information and outright absence of information.”

Governor Raimondo has tried to make the case that Invenergy’s Energy Center will bring jobs to Rhode Island.  The Rhode Island Building and Construction Trades Council, in its request for late intervention, agrees with the governor. This view is untenable and Fossil Free Rhode Island referred to a recent report of the Political Economy Research Institute of UMass in Amherst that states: “New investments in energy efficiency and renewable energy will generate more jobs for a given amount of spending than maintaining or expanding each country’s existing fossil fuel sectors.”

Fossil Free Rhode Island once again drew attention to current research that shows that, given the urgency of dealing with climate change, “natural” gas has a larger greenhouse gas footprint than coal and oil. In other words, Invenergy’s proposed power plant is bad for Rhode Island on all counts: physics, economics and morality.

Sister Mary Pendergast, one of the individual intervenors, said: “I do not think that the spiritual and moral issues of environmental ethics will be adequately represented by excluding my testimony. Any decision the Siting Board makes that is good for the corporation, but not for the environment, is a bad decision and we will live to regret it.”

The Board referred to the ambiguous rules under which they operate.  They seem to interpret the rules as the requirement of attorney representation. This interpretation would exclude virtually all members of the public who filed for the status of intervenor.  Pat Fontes, representing Occupy Providence, said: “The refusal to admit the voice of Occupy Providence in the deliberations of this board would symbolize and contribute to the likelihood that ‘government of the people, by the people, and for the people’ will indeed perish from the earth.”

[From a press release]

RI Future covered the hearing here: Strong public opposition to Burrillville power plant at hearing

Strong public opposition to Burrillville power plant at hearing


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

2016-01-12 EFSB 01The new methane gas power plant planned by Invenergy for the Town of Burrillville met strong opposition from a variety of environmental groups but also had what seemed like strong support from both members of the Energy Facilities Siting Board (EFSB) which will ultimately approve or deny the application.  The EFSB is chaired by RI Public Utilities Commission (RIPUC) Chairperson Margaret Curran and has only one other sitting member, Janet Coit, director of the Department of Environmental Management (DEM). The third position on the board is usually filled by the associate director of  the RI Administration for Planning, a position currently unfilled, but it is expected that Governor Gina Raimondo will choose someone to fill that role soon.

As the standing room only hearing got under way, Chairperson Curran noted that there hasn’t been a hearing like this since 1999, the last time an energy project of this size was considered. No public comment was allowed at this meeting, but Curran said that there were three public comment meetings scheduled. (It turns out they have not been scheduled at the time of this writing.)

Board member Coit spent some time near the beginning of the hearing informing the room that her position as head of the DEM will not impact her decisions as an EFSB board member. The duties of the DEM in deciding on key aspects of Invenergy’s proposed power plant have been delegated to her assistant, Terry Gray, and Coit says she is firewalling herself from her department’s work in this area. Some activists in the room expressed doubt in the possibility of such a firewall. It should be noted that Governor Gina Raimondo nominates all three EFSB board positions and that she has publicly backed Invenergy’s plan.

The two member board’s first order of business was to deal with an unprecedented number of motions for intervention, which if granted, would allow standing in these hearings for several groups and individuals. Invenergy objected to many of the motions, but did not object to allowing intervenor status for the Conservation Law Foundation (CLF), the Burrillville Land Trust (BLT), The RI Department of Energy Resources, the RI Building Trades Council and National Grid. The board granted all but the Burrillville Land Trust intervenor status, and said that the decisions on the rest of the motions for intervention would be announced at a January 29 meeting.

One motion immediately granted to Invenergy allowed the company to keep certain “proprietary” financial information secret from the public. Between this and Invenergy’s eagerness to deny intervenor status, it becomes difficult to believe the company is truly committed to an open, public process.

I covered Invenergy’s objections to granting intervene status here. Since then the Building Trades filed for last minute intervenor status because their union would represent the vast majority of workers who will build the plant if approved. The Building Trades were granted limited intervenor status pertaining to employment.

Both the Conservation Law Foundation and the Burrillville Land Trust had motions before the board asking that Invenergy’s application be denied. BLT said bluntly that the Invenergy application contains erroneous information or deliberate omissions. There are, says BLT,  no biodiversity impacts and no noise impacts cited in Invenergy’s application. BLT maintains that Invenergy underestimated the impact of their power plant on species diversity by half. The effects on birds and bats, so important to keep insect populations down, is likely to be severe. Invenergy’s estimated water impacts are 75% less than what BLT expects. Ultimately, says the BLT, the impact of this power plant will be felt for decades after its estimated 40-50 life span.

The CLF’s motion to dismiss was based in part on the Resilient Rhode Island Act, and on the fact that Invenergy’s application is incomplete. Under the law, says CLF attorney Jerry Elmer, “Incomplete applications must be rejected.”

Invenergy could not argue that their application was complete. They even admitted that they are still in negotiation for some permits. But Invenergy maintained that this is business as usual and not a reason to reject the application. Invenergy is pushing hard on this application, and want the EFSB to make a quick decision because if this application process drags on too long, they could be out hundreds of millions of dollars, said the CLF. But Attorney Elmer said that Invernergy needs to live with their business decisions, and the EFSB must deny incomplete objections even if Invenergy might face a monetary loss.

Chairperson Curran argued for Invenergy’s position, it seems to me, better than Invenergy’s own lawyers. Curran said that she thinks incomplete applications can move ahead despite what the CLF sees as important, material omissions. The application, says Curran, will be finished by the time the EFSB makes a decision, but Attorney Elmer countered that the statute and rules say that the application must be complete when filed, not when decided upon.

A chisel of lawyers
A chisel of lawyers

Board member Coit also argued passionately for Invenergy’s position. If Curran and Coit want to obey the law though, it would seem that they might have to reject Invenergy’s application, something they clearly didn’t want to do.

Invenergy’s lawyers were clearly pleased with Curran and Coit’s defense of their application. They assured the EFSB board that the board will have plenty of information about the power plant by the time they make their decision. The lawyers maintained that what isn’t in the application isn’t important. In fact, in all their years of practice, these lawyers say they have, “never seen such a detailed application.”

The CLF was next questioned about their reliance on the Resilient RI Act. Under the law, all state agencies shall follow this act. This means that the act applies to the EFSB and that the EFSB has the discretion to consider the climate change impact of the proposed energy plant.

Invenergy seems to feel that the Resilient RI Act is a toothless reminder about the importance of greenhouse gas reductions. They said that the act says nothing about their project and really doesn’t apply.

The second half of the hearing consisted of Invenergy’s sales pitch, a 51 page PowerPoint presentation that is both an ad for Invenergy (including slides touting the companies wind and solar projects, projects they seem to have no interest in bringing to Rhode Island) and plenty of information about the robustness of the company’s finances.

Patreon

Watershed Counts report: Or why rain is bad for the beach


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387
at beach
Click on the image to read the full 2014 Watershed Counts report

Governor’s Bay Day, when all Rhode Island state beaches celebrate the Ocean State by offering free admission and parking, was washed out by a driving rain yesterday. This is bad news for Rhode Island even if you didn’t miss a free beach day yesterday.

“Our beaches will be the bellwether of climate change,” said Judith Swift, executive director of URI’s Coastal Institute. “Not only will we lose beaches due to sea level rise, but increased precipitation will add additional pollutants to our beaches from stormwater runoff.”

Swift was speaking about the new 2014 Watershed Counts report, released today (you can read the full report here). But weather like yesterday’s is one of the reasons we should pay close attention to the report’s findings.

“Beach closures,” according to the press release, “are very much dependent upon rainfall, as stormwater flushes out pollutants and bacteria that close both beaches and shellfishing areas.”

The report explains: “Annual average precipitation … has been increasing over the last century and this trend is projected to continue. When you look at the pattern of rainfall, something else becomes apparent: the frequency of intense rainfall events has also increased. When we get large amounts of precipitation in a short amount of time, the stormwater runoff can overwhelm our treatment facilities and result in sewage being flushed into the Narragansett Bay.”

And shows it in a cartoon, as well:

Click on the image to read the full report.
Click on the image to read the full report.

There were 41 beach closures last summer. This summer there are currently five closures – at First Beach in Middletown, the Bristol and Warren town beaches and two beaches in Tiverton. This rain event will surely lead to even more this week. (RI Future reported on the scientific causes of beach closures, their economic effects and how RI monitors the water last summer).

But the good news is while we had heavy rains last summer, we experienced fewer beach closings than previous summers. There were 86 beach closures in 2009, 55 in 2010 and 45 in 2011. The Watershed Counts report says the counter-intuitive decrease in closures can be attributed because of public investments to control stormwater runoff, sewer overflow.

“Using green infrastructure and other best management practices to protect beach water quality is paying off,” said Department of Environmental Management Director Janet Coit. “DEM welcomes the opportunity to partner with cities and towns to enhance what is a time-honored Rhode Island tradition – enjoying a glorious day at the beach.”

A clean water/open space bond on the November ballot, if approved by voters, would invest $20 million to further clean water and segregate sewage and stormwater overflow, according to the report, but that’s only a fraction of the need. “Municipalities and the Narragansett Bay Commission have identified more than $1.8 billion dollars of needed clean water in frastructure improvements ranging from wastewater treatment upgrades and storm water quality improvements to combined sewer overflow abatement projects,” according to DEM in the report.

“The opportunity to promote and invest in a beautiful Rhode Island is significant, and the need for that investment is immediate,” according to a DEM statement in the report. “Rhode Island’s greatest natural resource and a key driver to economic growth—Narragansett Bay—is threatened by polluted run-off and the damaging effects of climate change. Conversely, local food markets are booming, horticultural, and agricultural and landscape companies are doing more local business than ever, and our $2.26 billion dollar tourism sector is growing.”

According to the press release, there has been a “surprising” lack of support from the state to monitor water quality at local beaches.

“The funding for marine beach monitoring comes mostly from federal sources. The National Beach Program provided over $200,000 to both Rhode Island and Massachusetts in 2013,” it reads. “The state budgets contained no funding, despite the fact that beaches are an economic driver, and that the federal monitoring program for saltwater beaches has recently been at issue for possible elimination in federal budget talks.”

Will management efforts end eel bootlegging?


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387
DEM monitors glass eels, or baby eels, in the Annaquantucket River in North Kingstown this time of year. (Photo by Bob Plain)
DEM monitors glass eels, or baby eels, in the Annaquantucket River in North Kingstown this time of year. (Photo by Bob Plain)

We tend to think of eels only as sushi or bait. But they are also among the most interesting, endangered and expensive fish in Rhode Island waters.

In contrast to river herring, salmon and other anadromous fish (those that live in salt water and breed in fresh water), eels are catadromous. They spend their lives in fresh water and swim out to sea to breed and then die. We know they spawn somewhere in the Sargasso Sea, a section of the Atlantic Ocean west of Bermuda. But their mating ritual remains a secret. Despite many attempts, it has never been witnessed.

The larval offspring randomly float to points all along the northwestern edge of the Atlantic – anywhere from the Caribbean islands to Canadian maritime provinces. Once they’ve reached a coastline, they make their way upriver into fresh water. For the next seven to 20 years they will live in local rivers and lakes, growing to be about two or three feet long, before secretly swimming back out to the Sargasso Sea to spawn and then die.

“It’s one of the great mysteries of the sea,” said Bob Ballou, assistant director of the state Department of Environmental Management. “These fish are amazing.”

In rivers all over Rhode Island right now, these tiny and somewhat transparent baby eels are ruthlessly swimming upstream to find a freshwater home. At this stage of their lives, smaller than 65 centimeters, they are called glass eels, and they are one of the most valuable and threatened species of fish found in New England.

eel graph1
This chart shows the decline in eel populations since 1981. Click on the image for a larger version.

Earlier this week, Ballou attended an Atlantic States Marine Fisheries Commission meeting where it moved forward in developing new interstate regulations for eels. The group will study and discuss a range of options throughout the summer, including a moratorium on glass eel harvesting. In 2011, eels were considered for protection under the Endangered Species Act.

“Eels are going to be an emerging issue,” Ballou told me. “They are going to get a lot more attention.”

Adult eels, or yellow eels, live quietly in our local lakes and rivers and are legally harvested in many states – in Rhode Island they must be at least 9 inches. But the take is very small; though eel is a delicacy in Japan, here they are used just for bait to fish for striped bass.

The glass eel harvest is another story entirely.

It is outlawed in every East Coast state except Maine and South Carolina, where they are sold and shipped to China and farmed indoors for food. “Adult eels are mostly sold in Japan where they are roasted,” according to the Boston Globe, “in the United States, sushi eaters might recognize them as unagi.”

So valuable are the tiny, transparent eels that the ASMFC and others, such as Save The Bay, are very concerned with poaching in one state to bootleg them to Maine or South Carolina. Last year, a pound of glass eels could be sold legally in Maine for $2,000.

“It was like the wild west up there,” Ballou said. “There were reports of people making $150,000 on a good night.”

Last year, at least two poachers were arrested in Rhode Island, according to this ecoRI report. Jack McIlmail, a captain in DEM’s law enforcement division, declined to provide documents relating to any arrests for eel poaching and DEM declined to discuss law enforcement actions concerning glass eels entirely. Ballou said he wasn’t aware of other arrests, and stressed that poaching hasn’t been an issue in Rhode Island. DEM does patrol for poachers though; an enforcement officer was recently at the Mattattuxet River, asking people if they have seen vehicles with Maine or South Carolina license plates.

This season in Maine the price is down to about $1,000 a pound, said Bill Quinby, an international fish broker based in South Carolina who used to business in Rhode Island waters (He coordinated the deal between the DEM and the Russian fish-buying boat in Narragansett Bay). His company Mayflower International is a licensed glass eel dealer in Maine and owns one of only ten harvest licenses in South Carolina and sells them to Chinese and Korean businesses.

There are three types of eels in the world, Quinby explained: Japanese, European and American. An earthquake decimated the Japanese eel population about six years ago and the European fishery is very heavily regulated. This set off the eel boom in Maine.

“It was shortly after the tsunami and earthquake in Japan,” he told me, “and the demand for glass eels for aquaculture in China, particularly, escalated tremendously because they used to get their baby eels from Japan and grow them out for market.”

Dealers would drive around with carloads of cash, Quinby confirmed, and trade Maine fishermen tens of thousands of dollars for their glass eel catch. This year, Maine instituted a quota of 11,000 pounds and transactions are now done with a swipe card.

Save The Bay Baykeeper Tom Kutcher said Maine instituted the quota knowing the ASMFC would be putting new regulations in place. “It’s irresponsible management to let it go on,” he said. “It’s really good pay for really irresponsible work.”

Save The Bay would like to see the ASMFC put a moratorium on all glass eel harvesting. “They are undergoing this incredible decline,” Kutcher said. “At one time they were the highest biomass fish in our rivers.”

Ballou, who is a member of ASMFC American Eel Advisory Board, said there may be room for harvesting a small number of glass eels in Rhode Island someday.

“There is a school of thought out there that if we could do it in a sustainable way, if you had a facility to grow out these eels,” he said. “You could argue that you’d actually get more protection for the resource by capturing some with some sort of innovative approach. It could be beneficial to the resource and have commercial value.”

DEM, URI team up to help fishing industry


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387
DEM director Janet Coit explains the new RIMFI as John Kirby and Dennis Nixon of URI listen.
DEM director Janet Coit explains the new RIMFI as John Kirby and Dennis Nixon of URI listen.

The state Department of Environmental Management and the URI Graduate School of Oceanography are partnering to produce more – and more efficient – data and analysis about the fishing industry here in the Ocean State.

The Rhode Island Marine Fisheries Institute “will enhance the state’s ability to positively affect marine fisheries research and management,” said Jason McNamee, a DEM biologist. He was speaking to a crowd of scientists, students, bureaucrats, politicians and fishermen at the Mosby Center, the oldest and most waterfront building at the Bay Campus. The group met there to formally bless the effort.

The Institute will focus on both commercial and recreational fishing, which DEM Director Janet Coit said “bring hundreds of millions of dollars and thousands of jobs into Rhode Island.”

Oceanography professor Jeremy Collie said he hopes the collaboration can make the state a hub for research and information. “When people have fisheries related questions, they will come to Rhode Island first,” he said.

And the folks from the fishing industry seem happy with the effort too:

As far as what the Institute will do, “I can think of about 50 projects off the top of my head,” said one fisherman in the audience. Ideas ranged from studying closer the emerging squid and scup fisheries, to the effects of climate change – which include some species, like cod and lobster, moving out of local waters and others, like summer flounder, moving in.

“The fishing industry will drive the agenda,” McNamee said. But Collie added, “the focus will be on research, not management.”

Is Conley defending an epic environmental catastrophe


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Everybody seems to be wondering what has Historian Laureate Patrick Conley’s knickers in a twist over R.I. Department of Environmental Management’s regulatory structures, so I offer a bit of perspective on his beef with DEM. As Bob Plain pointed out in this excellent post, Conley is currently subject to at least two corrective actions by our state’s environmental watchdog. One of those actions stems from quite arguably the greatest environmental disaster to ever hit Rhode Island.

This aerial view of Pascoag shows the MTBE impacted area. The pink dot in the upper right is the villages wellhead. The pink square at the bottom left is the site of the leaking tanks - a property that Conley now owns. (Image courtesy RIDEM)
This aerial view of Pascoag shows the MTBE impacted area. The pink dot in the upper right is the villages wellhead. The pink square at the bottom left is the site of the leaking tanks – a property that Conley now owns. (Image courtesy RIDEM)

Back in September of 2001, just days prior to the World Trade Center attacks of 9/11, the village of Pascoag, in the Town of Burrillville, was made victim of a massive toxic event that continues to be felt by the residents of the sleepy hamlet. News of this disaster was drowned out in the media by the events of 9/11, but the effects on the health and safety of the people of Burrillville are equally as terrifying. I am writing, of course, of the contamination of Pascoag’s only public water supply by the failure of underground gasoline storage tanks located at 24 North Main St.

As of November of 2013, the property is owned by one  20 Fairmont St., LLC, which happens to share an East Providence address with Conley’s development company. An address to which the latest round of RIDEM NIE’s , or Notice of Intent to Enforce, have been sent, addressed to one Colleen Conley c/o Dr. Patrick Conley. The owner of the property is responsible for enacting soil and water monitoring and management plan with the RIDEM, also known as a Corrective Action Plan.

The failure of these tanks, according to DEM, released a significant, undetermined quantity of gasoline and the now-banned additive methyl tertiary butyl ether, or MTBE, into the aquifer under the village. The spill was so profuse that some testing wells were found to have standing gasoline in them months after the spill had been discovered. MTBE has been fully or partially banned in many states in the U.S., and for good reason; it has has proven to be a potent carcinogen.

In 2011, as a reporter for ecoRI News, I decided to look back on the spill and how it affected the lives of people in Pascoag. I spoke to many members of the community, the Pascoag Utility District (PUD), RIDEM, and sources at the EPA. Unfortunately, the then owner of the property was – and continues to be – “in the wind,” to use law enforcement parlance.

This small community has been ravaged by the lingering effects of the spill.

Many in the community have developed, as one town resident called, “oddball” cancers. Others believe that exposure to the chemical caused a spate of Multiple Sclerosis diagnoses in the town. In the weeks preceding the discovery of the spill, residents complained of afflictions from recurring ear infections, to massive chemical burns. The financial cost to the townspeople has been steep, as well. After the spill, the PUD was forced to tie into the wells of the Harrisville Fire District, and wound up paying double what most Rhode Islanders pay for public water for ten years.

By the time that the spill had reached its maximum impact to the aquifer, MTBE levels had risen to 42 times the EPA’s maximum exposure limit. Due to the fact that the owner of the property had skipped town, DEM was saddled with 100 percent of the cleanup costs which, without help from the EPA, would have bankrupted the state’s Leaking Underground Storage Tank program.

Since then, Exxon/Mobil has settled a class action suit with the people of Pascoag for a mere $7 million – which translates to about $800 for each claimant – and the town has just finished drilling a new well, far away from the contaminated site.

Conley and his associates have been repeatedly warned by RIDEM about non-compliance, and yet, still they seem shocked by the agency’s actions. In his op-ed in the ProJo, Conley writes:

Providence was home to the world’s largest tool factory (Brown and Sharpe), file company (Nicholson File), engine factory (Corliss Steam Engine Company), screw factory (American Screw Company), and silverware manufacturer (Gorham). These firms were exuberantly proclaimed as Providence’s “Five Industrial Wonders of the World.”

What he fails to mention is that the sites of all five of these former “powerhouses” are now horribly contaminated with everything from heavy metals, to petroleum by-products, to industrial process waste. He then writes:

If that zero-growth bureaucracy (DEM) existed in the 19th century, it would be a wonder if our five industrial wonders could have acquired permits to operate.

The answer to that question, Mr. Conley, is a resounding, “No!”

See, that’s the thing about the unending march of science, you tend to learn things in 150 years that cast a pallor over the “successes” of these former industrial giants. Namely, their horrible legacy of detrimental environmental and human health impacts.

The RIDEM has spent millions remediating this spill.  All they are asking from Mr. Conley and his associates is that they maintain a commitment to cleanup the site of the former gas station. The contamination was known when Conley bought the parcel, and thus he should have known about the need for a RIDEM-approved action plan for the site. Maybe Conley could do us all a couple of favors and a) STFU about the “regulatory burdens of DEM,” and b) stop being crybabies and CLEAN UP THE MESS THAT YOU KNOWINGLY PURCHASED!

Why is the Historian Laureate mad at DEM?


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

conleyLocal developer and state Historian Laureate Patrick Conley penned an op/ed in the Providence Journal that caused quite a stir among progressives and environmentalists.

The first half of the post was an articulate account of Rhode Island’s industrial heyday, such as it were. The second half is a baseless screed against government regulation in general and the Department of Environmental Management in particular. It’s the second half that rubbed people the wrong way.

John McDaid quickly asked the Secretary of State to remove him from the honorary position calling it a “vicious attack … including unsubstantiated charges and slurs on the character and professionalism of the members of this state agency.” Steve Ahlquist suggested Conley be replaced with labor historian Scott Molloy. Conley himself even weighed in on the matter. And Save The Bay Baykeeper Tom Kutcher told me, “All around the office, everyone was offended by that article.”

Kutcher said data suggests Conley’s concerns are not even widely-held by small business owners in Rhode Island. The Baykeeper wrote a blog post in December 2013 calling attention to an EDC survey of local business owners that found none took issue with state environmental regulations. He wrote:

The report detailed the results of a survey in which 709 small business leaders were asked to rank the importance of a list of “challenges” facing their businesses. The list included health insurance costs, federal regulations, state regulations, and other potential expenses or impediments. State regulations were identified second to health insurance costs, and respondents were asked to identify the regulations that were most burdensome. The report listed all State regulations that were identified by more than one respondent, and not a single environmental regulation was among them.

If business owners aren’t bugged by DEM regulations, this begs the question: why is state environmental agency in the Historian Laureate’s cross hairs?

It turns out that Conley’s no stranger to running afoul of state pollution laws. Currently he and DEM are in court over two separate issues, said Gail Mastrati, spokeswoman for DEM. Both involve properties Conley owned that leeched toxins onto abutting properties, according to DEM documents.

One, which DEM has been investigating since 2001, involves an old gas station on North Main Street in Burrillville with six underground tanks that DEM believes leeched gasoline and other pollutants onto neighboring properties, according to DEM documents.  The other case, which DEM has been involved with since 2004, concerns a former jewelry finding company in North Providence that leached “chlorinated volatile organic compounds” into the groundwater on abutting properties, according to DEM documents.

Conley even seems to tacitly address these alleged violations in his ProJo piece: “Ironically, the success and the pervasiveness of our bygone industrial endeavors have created the allegedly contaminated conditions throughout Rhode Island that allow DEM to thrive. That arbitrary agency has mandated that we return a site to its pristine, pre-colonial condition before development can occur upon it.”

There can be little doubt that when he writes about “allegedly contaminated conditions” he is doing so as a litigant, not a historian. But the average reader of the paper of record’s op/ed page would have no way of knowing this beyond this disclaimer at the end of his piece: “Patrick T. Conley is a historian and a developer. In the latter capacity he has clashed at times with state environmental officials.”

Either way, historians shouldn’t offer their expertise on issues in which they have a financial interest. Doing so, I think, shows a lack of respect for the role historians play in informing future generations about our culture. And that to my mind is conduct unbecoming of a honorary historian laureate.

Buckies are back at Shady Lea Mill


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Last week I reported that the spring herring run began in earnest on the Mattatuxet River, and that the buckies (Swamp Yankee for river herring which is the common name  for alewife) had made it as far as Gilbert Stuart’s birthplace about five miles from the mouth of the river near Narragansett Beach.

This morning, Rhode Island’s most famous spring visitors made it another 1.3 miles upstream to the waterfall here at the Shady Lea Mill.

herring at millSeveral of the tenants here remember when this stretch of river would become flush with these anadromous (live in salt water, breed in fresh water) fish every spring. But this is the first time they have been seen this far upriver in more than a decade. Save The Bay tells me this is good news.

Here’s a short video:

And a few more pictures:

herring1 herring3You can see a herring splash in this picture:

herring splashAnd one lone herring in this one:

lone herring

And in this picture (taken last night), you can see that the dilapidated old fish ladder here won’t help the herring make it up into the pond:

shady lea falls

The buckies are back, but not better than ever


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

The alewife are always the first to know it’s spring in Rhode Island.

buckies

Better known as river herring – or, as the old timers call them, buckies – these small and once-abundant anadromous fish spend their summers, autumns and winters in the Atlantic Ocean and as soon as the weather shifts to warm, they swim into our fresh water streams to mate and hatch their young.

herringThey are silvery, with purplish backs and are only about six inches long. At first they can be tricky to spot in the water. But once your eye picks them up, it quickly becomes evident that a river is flush with them, swimming against a sometimes swift current to get to their spawning grounds.

They can be found all over coastal Rhode Island this time of year – Nonquit Pond in Tiverton, Buckeye Brook in downtown Apponaug and even the Woonasquatucket River in Providence.

By far the biggest and best-known buckie run has always been on the Mattatuxet River, said Department of Environmental Management biologist Phil Edwards. On Sunday, the caretakers of Gilbert Stuart’s birthplace, a colonial-era homestead 5 five miles upstream from Narragansett Beach, noticed they were back.

gilbert stuart

For the next several weeks, thousands of river herring will navigate a fish ladder that circumvents the waterfall and swim into Carr Pond to hatch their young. The adults will head back out to sea in May and the next generation will follow when the weather cools down in September.

Undated photo courtesy of Save The Bay.
Undated photo courtesy of Save The Bay.

The buckie runs were once the stuff of legend in Rhode Island. The precolonial Narragansett Indians harvested them for fertilizer and up until the 1950’s hundreds of metric tons were caught annually for bait or for early season fish fries.

As late as the 1980’s and 1990’s kids and adults could collect buckets of buckies with a net. Even in the early years of this century, the tenants at the Shady Lea Mill, less than a mile and a half upstream of Gilbert Stuart had access to all the herring they could eat.

But then the population of river herring in Rhode Island pretty much dried up. The Gilbert Stuart run went from 290,000 in 2000 to just 17,000 in 2004 – a 95 percent reduction. So far this year I haven’t seen one herring at the Shady Lea Mill. The National Marine Fisheries Service listed them as a “species of concern” and imposed a moratorium on their catch.
river herring chart“We still don’t have a good handle on the cause, and it is probably related to a number of things including water quality, lack of spawning habitat, climate change, predation, and by-catch,” said Rachel Calabro of Save The Bay. She’s written about the river herring here and here.

The National Oceanic and Atmospheric Administration says the overall population began to drop off in the late 1960’s when “distant-water fleets began fishing for river herring off the Mid-Atlantic coast.” In Rhode Island, the decline quickened in the years after a Russian off-loader boat parked off Jamestown and bought mackerel and herring from local fishing boats.

Glen Goodwin, captains the trawler the Persistence out of Davisville and sells his catch to Sea Freeze, a Quonset-based seafood freezing company that sells seafood all over the world. He fishes for herring, but not the anadromous kind that spawn in rivers. He and other local fishermen catch sea herring, a different species of fish altogether.

“Sea herring has the largest quota on the coast that actually realizes its quota,” he told me.

The problem is the two kinds of herring congregate together, so fisherman have to be much more meticulous about which species they pull up in their nets. “River herring are taken as bycatch in other ocean fisheries in various gear types including gillnets, bottom otter trawls, and menhaden purse seines,” according to NOAA.

Goodwin says fishing boats have sensors that can identify a species before dragging the net, and the two kinds of herring don’t mix together as much during the day as they do at night. “It’s not 100 percent, but in the last ten years we’ve put a lot more effort into avoiding them,” he said.

“I realize that they try very hard to not catch river herring,” Calabro said. “There may be ways to avoid them better, like fishing farther out, because the river fish tend to stay in close waters, but it is a challenge.”

RIPEC Wants DEM Run by Proposed Commerce Czar


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387
John Simmons, executive director of RIPEC, and Gov. Linc Chafee. (Photo by Steve Klamkin / 630wpro.com)

Take a look at RIPEC’s board of directors – they are largely bankers, lawyers, health care professions and business executives – and it shouldn’t surprise that the pro-business lobby and advocacy organization wants the DEM to be subservient to a proposed commerce secretary.

Of course environmental management is in no way, shape or form simply a function business development. And that the Rhode Island Public Expenditure Council thinks it should be shows clearly why – despite it’s name – it can’t be trusted to recommend public policy. This is more like something the US Chamber of Commerce would propose to a conservative Republican than anything an open-minded Rhode Islander would consider.

RIPEC offered to author a report on the efforts of the EDC after the 38 Studios debacle (And make no mistake, Chafee didn’t reach out to RIPEC to do this – despite the way it’s being cast by the media – RIPEC reached out to the governor) But instead, the business-backing organization used the opportunity to try to recast economic development in a way that would best benefit its supporters rather than Rhode Islanders.

The most egregious example of which is its recommendation that the Department of Environmental Management be put under the custody of its proposed commerce czar.  This is not only a ridiculous idea, it also undermines one of the Ocean State’s best economic advantages: its well-maintained natural habitat and public access to it.

It’s akin to the teachers’ unions suggested the Department of Education be put under the custody of a labor secretary. Or, for the matter, Save the Bay suggesting the EDC be run by DEM. There may be areas of overlap in these examples – and perhaps even opportunities for improvements – but to suggest that one be put under the rubric of the other belittles the importance of the function that gets the demotion.

The 140-page report offers no justification for this huge policy change, probably because one doesn’t exist.

I’m not surprised that RIPEC thinks our natural habitat should be managed by someone concerned primarily with commerce, but I will be surprised if any politicians think this is a good idea.

Rhode Island should have someone who wakes up in the morning thinking about business – in fact, I’m pretty certain it does with the director of the EDC – but it should also have someone who wakes up in the morning thinking about the environment.

Sewage Treatment Gets Legislative Treatment


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387

Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387
State House Dome from North Main Street
State House Dome from North Main Street
The State House dome from North Main Street. (Photo by Bob Plain)

In the waning days of the legislative session, can one be forgiven for suspecting that Assembly members don’t give a, well how about a quart of  sewage solids about the municipal governments they represent?  Sewage stories from Woonsocket and Warwick lead one to suspect otherwise.

Woonsocket first. Woonsocket is currently under a DEM order to drive nutrient pollution down beginning in 2013. Nutrient pollution, in the form of nitrates and ammonia, acts as fertilizer for algae blooms that use up oxygen in the water, killing the fish that aren’t driven away. The estimated cost of these improvements is around $35 million.  The system serves Woonsocket, but also some customers in neighboring towns, on either side of the border with Massachusetts.  The estimate is that this will add a couple of hundred dollars to annual sewer bills.

Woonsocket’s now-infamous House delegation, Jon Brien, Robert Phillips, and Lisa Baldelli-Hunt, tried to get the DEM requirement killed during the last legislative session. Unfortunately, DEM is only enforcing a federal EPA requirement, so it’s more complicated than just yelling, “stop.”

Complicating the issue, upstream from Woonsocket, the sewage authority over the line in Massachusetts is suing the EPA over the same rules. The dodge currently preferred by the city of Woonsocket and their House delegation is that Rhode Island wait for the outcome of that suit. Though it might seem to make sense to wait for the suit to settle, similar suits around the country have failed. Besides, clean water is — to most people — a good thing. Might the delegation have proposed helping Woonsocket pay for the sewage treatment upgrades?

Move now to Warwick. The Assembly repealed a law to mandate that homeowners along the new sewer routes hook their houses up to those sewers.  A typical hookup costs $1500-2000, and annual sewer bills are around $450. The mandate is/was part of the Greenwich Bay Special Area Management Plan, a plan to clean Greenwich Bay, once home to a thriving shellfish fishery, and now mostly closed to digging clams.

Governor Chafee vetoed the bill and the Assembly overrode his veto. Another victory for low sewer bills. Except that the finances of the Warwick Sewer Authority have budgeted in a certain number of hookups per year. This is part of how they borrowed the money to fund the expansion in the first place, and how they make their budget each year. Without those new hookups, the people already connected to the sewer will see their rates rise, both according to the financial statements, and to Janine Burke, the Warwick Sewer Authority director, who I spoke to about it.

Alternatively, the Authority has the legal authorization to charge a fee — a “connect-capable” fee of around $200 per year — to the houses along its route that aren’t hooked up. To date it has chosen not to do so (which puts it out of compliance with the Greenwich Bay plan), but it can revisit the issue. At any rate, overriding that veto in order to keep sewer costs down seems like it may be a losing strategy.

What both of these stories say is that the state is interested in seeing cleaner water. The Assembly gave no orders that DEM repudiate the EPA requirements. No one will go on record wanting dirty water and dead fish. They just don’t want to pay for the cleanup.

To a small extent, you have to give the Woonsocket gang of three a little credit for consistency. They don’t think cleaner water is worth spending any money on, and so reject both the money and the requirements, even if they offer lip service to clean water. Lisa Baldelli-Hunt told the Woonsocket Patch:

“I understand it’s important to decrease the pollutants in the water and I also understand that eventually, this must happen. But we can’t possibly move forward with this project at this time and consider ourselves fiscally responsible leaders.”

So their position is clean water, later. The rest of the Assembly seems ok with the idea of clean water now, so long as someone else pays for it. Neither perspective seems worth endorsing to me.

What about the perspective that clean water now is a good thing worth paying for?  It’s a good thing for Woonsocket, but it’s also a good thing for everyone downstream, which means Lincoln, Cumberland, Pawtucket, Central Falls, Providence, and everyone on Narragansett Bay. Untreated sewage currently flows into the water from the Warwick shore, but East Greenwich benefits from a cleaner Greenwich Bay, too. Given all that, why should the state insist that all sewage problems be solved locally?  Yes, Woonsocket residents pay higher property taxes proportional to their ability than nearly any other city or town in the state.  Sewer customers in Providence and Pawtucket have seen their rates climb dramatically in recent years for the same reasons.  Does the state have nothing to offer besides words? How about money?

Let’s end with a riddle. In 2010, our state’s economy, measured by the gross state product, was about $49.2 billion dollars. Corrected for inflation, this is larger than it has ever been in our little state’s history, despite our monumental unemployment rate. There are those who say that our economic growth is because of the dramatic drop in tax revenue over the past decades. That’s silly because growth has slowed or stalled as taxes have been cut. But slow growth or fast, the economy now is bigger than ever.

So remember, when you hear about how we can no longer afford clean water or good education or comfortable retirements — let alone find enough jobs for everyone — that our state is collectively richer now than it has ever been before. Ever. Feel better now?


Deprecated: Function get_magic_quotes_gpc() is deprecated in /hermes/bosnacweb08/bosnacweb08bf/b1577/ipg.rifuturecom/RIFutureNew/wp-includes/formatting.php on line 4387