October, 08 2009, 11:55am EDT
New Report: Chesapeake Bay's Health Threats Need Federal Remedy
Congressional Agenda Would Complement President’s Plan to Save the Bay
WASHINGTON
A report released today by the Natural
Resources Defense Council compiles the numerous threats facing the
Chesapeake Bay and examines federal solutions to save this national
treasure. This analysis comes on the heels of reports commissioned by
President Obama to clean up the Chesapeake Bay and a draft bill
circulated by Senator Benjamin Cardin (D-MD.).
"It's no
secret the Chesapeake Bay has been struggling for decades to recover
from a variety of threats to its health," said Nancy Stoner,
Co-Director of NRDC's Water Program and co-author of the report. "What
is less well known is that there are solutions -- many of which are
finally underway."
NRDC's new report, Seizing a Watershed Opportunity: NRDC's Plan to Clean Up the Chesapeake Bay and its Beaches,
zooms in on the range of water quality issues in the Chesapeake Bay,
including dangerous algal blooms, harmful bacteria in raw oysters,
plastic bags in tributaries, and economic blows to the crabbing
industry, and where they overlap. It also identifies key legislative
solutions that would help to curtail many of these threats.
The
legislative agenda outlined in the report would complement and support
Obama's recent Executive Order for the Bay that commissioned seven
recent reports -- including from the Environmental Protection Agency
and Departments of Interior and Agriculture -- on how the federal
government can help restore the health of the Chesapeake. By taking the
steps outlined in Seizing a Watershed Opportunity,
NRDC's Stoner said, Congress can help the Executive Branch make real
progress in cleaning up the historically troubled estuary.
"President
Obama and his Administration are showing historic federal leadership to
help clean up this national treasure," said Stoner. "This report gives
Congress a playbook so it could support efforts from the White House
and deliver the one-two punch we need to finally make a real difference
in saving the Bay."
Seizing a Watershed Opportunity -- from the authors of this summer's Testing the Waters,
NRDC's 19th annual nationwide beachwater quality report -- also
includes beachwater quality information for the Chesapeake Bay,
reporting that Bay beaches in 2008 had better water quality overall
than the national average, but were significantly more polluted than
their ocean counterparts on the Delmarva Peninsula. The report shows
that Bay beaches with the dirtiest water, or highest percentage of
water samples that exceeded health standards, included Fairview Beach
in King George Co., Va. (32 percent), Kurtz Beach in Anne Arundel Co.,
Md., and Red Point Beach in Cecil Co., Md. (17 percent). Though the Bay
beach with the dirtiest water was in Virginia, the 11 others in the
dozen dirtiest were in Maryland.
The legislative agenda outlined in the report to help clean up the Bay includes the following actions, including adoption of:
- Comprehensive climate change bill out of the Senate this year.
Climate change -- from increased temperatures and more intense storms,
to sea level rise - is expected to exacerbate a variety of problems in
the Bay -- including nutrient pollution, dead zones and disease-causing
pathogens. It threatens to change the Bay's geography and hurt its
shellfisheries. There is even concern it will lead to jellyfish blooms,
according to the report. - TheChesapeake Bay Ecosystem Restoration Act, which includes
an enforceable, cost-effective pollution banking program for nutrient
reductions in the Bay. This will help address dead zones and harmful
algal blooms, which are associated with fish kills and health problems
in people, and have devastating economic impacts to the region's
fishing industries, as the report details. - The Clean Coastal Environment and Public Health Act to
provide money for more beachwater sampling in coastal states and to
require faster testing methods for dangerous pathogens in the water
that can make them sick. When there are health violations at Bay
beaches, this bill will help swimmers find out before they dive in. - The Water Infrastructure Financing Act
to provide increased federal funding for water and wastewater
infrastructure needs, including incentives for green infrastructure
(which uses soil and vegetation to trap runoff). Stormwater runoff is
the fastest growing source of pollution in the Bay, and prevention is
the best way to address it. This bill will help do just that to keep
algae-causing nutrients, disease-causing pathogens, and toxins out of
our water and away from our seafood. - Controls on highway runoff in the Federal Surface Transportation Reauthorization Act.
Controls like vegetation buffers can help capture stormwater before it
flows off of impervious highways into waterways, helping to decrease
sediment, nutrients and other pollutants in the Bay that lead to beach
and shellfishery closures. With almost 100,000 miles of federally
funded highways contributing to this pollution in the Bay, this bill
can help reduce it.
In addition to this
Congressional agenda, the report identifies areas where the Obama
Administration can strengthen its proposals to fulfill the President's
Executive Order by combating stormwater runoff and pollution from
factory farms.These include calling on the EPA to increase controls on
stormwater runoff, and require more use of low impact development
techniques, which retain and filter rainwater where it falls, rather
than letting it run off into waterways (i.e. green roofs made of
absorbent vegetation and permeable pavement that allows water to
penetrate the material).
The report also calls for EPA
to revise the federal rule regulating manure pollution from factory
farms, a.k.a. Concentrated Animal Feeding Operations (CAFOs), which
have dumped undocumented volumes of untreated animal waste into the
watershed for decades, without effective regulation. EPA has committed
to addressing this problem under the Executive Order, and the agency
should do this by requiring all CAFOs to obtain permits and create
manure management plans, according to the report.
NRDC works to safeguard the earth--its people, its plants and animals, and the natural systems on which all life depends. We combine the power of more than three million members and online activists with the expertise of some 700 scientists, lawyers, and policy advocates across the globe to ensure the rights of all people to the air, the water, and the wild.
(212) 727-2700LATEST NEWS
Critics Blast 'Reckless and Impossible' Bid to Start Operating Mountain Valley Pipeline
"The time to build more dirty and dangerous pipelines is over," said one environmental campaigner.
Apr 23, 2024
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Mountain Valley Pipeline LLC sent a letter Monday to Federal Energy Regulatory Commission (FERC) Acting Secretary Debbie-Anne Reese seeking final permission to begin operation on the MVP next month, even while acknowledging that much of the Virginia portion of the pipeline route remains unfinished and developers have yet to fully comply with safety requirements.
"In a manner typical of its ongoing disrespect for the environment, Mountain Valley Pipeline marked Earth Day by asking FERC for authorization to place its dangerous, unnecessary pipeline into service in late May," said Jessica Sims, the Virginia field coordinator for Appalachian Voices.
"MVP brazenly asks for this authorization while simultaneously notifying FERC that the company has completed less than two-thirds of the project to final restoration and with the mere promise that it will notify the commission when it fully complies with the requirements of a consent decree it entered into with the Pipeline and Hazardous Materials Safety Administration last fall," she continued.
"Requesting an in-service decision by May 23 leaves the company very little time to implement the safety measures required by its agreement with PHMSA," Sims added. "There is no rush, other than to satisfy MVP's capacity customers' contracts—a situation of the company's own making. We remain deeply concerned about the construction methods and the safety of communities along the route of MVP."
Russell Chisholm, co-director of the Protect Our Water, Heritage, Rights (POWHR) Coalition—which called MVP's request "reckless and impossible"—said in a statement that "we are watching our worst nightmare unfold in real-time: The reckless MVP is barreling towards completion."
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POWHR and activists representing frontline communities affected by the pipeline are set to take part in a May 8 demonstration outside project financier Bank of America's headquarters in Charlotte, North Carolina.
Appalachian Voices noted that MVP's request comes days before pipeline developer Equitrans Midstream is set to release its 2024 first-quarter earnings information on April 30.
MVP is set to traverse much of Virginia and West Virginia, with the Southgate extension running into North Carolina. Outgoing U.S. Sen. Joe Manchin (D-W.Va.) and other pipeline proponents fought to include expedited construction of the project in the debt ceiling deal negotiated between President Joe Biden and congressional Republicans last year.
On Monday, climate and environmental defenders also petitioned the U.S. Court of Appeals for the D.C. Circuit, challenging FERC's approval of the MVP's planned Southgate extension, contending that the project is so different from original plans that the government's previous assent is now irrelevant.
"Federal, state, and local elected officials have spoken out against this unneeded proposal to ship more methane gas into North Carolina," said Sierra Club senior field organizer Caroline Hansley. "The time to build more dirty and dangerous pipelines is over. After MVP Southgate requested a time extension for a project that it no longer plans to construct, it should be sent back to the drawing board for this newly proposed project."
David Sligh, conservation director at Wild Virginia, said: "Approving the Southgate project is irresponsible. This project will pose the same kinds of threats of damage to the environment and the people along its path as we have seen caused by the Mountain Valley Pipeline during the last six years."
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Others renewed warnings about the dangers MVP poses to wildlife.
"The endangered bats, fish, mussels, and plants in this boondoggle's path of destruction deserve to be protected from killing and habitat destruction by a project that never received proper approvals in the first place," Center for Biological Diversity attorney Perrin de Jong said. "Our organization will continue fighting this terrible idea to the bitter end."
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U.S. workers' rights advocates and groups celebrated on Tuesday after the Federal Trade Commission voted 3-2 along party lines to approve a ban on most noncompete clauses, which Democratic FTC Chair Lina Khansaid "keep wages low, suppress new ideas, and rob the American economy of dynamism."
"The FTC's final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market," Khan added, pointing to the commission's estimates that the policy could mean another $524 for the average worker, over 8,500 new startups, and 17,000 to 29,000 more patents each year.
As Economic Policy Institute (EPI) president Heidi Shierholz explained, "Noncompete agreements are employment provisions that ban workers at one company from working for, or starting, a competing business within a certain period of time after leaving a job."
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The U.S. Chamber of Commerce has suggested it plans to file a lawsuit that, as The American Prospectdetailed, "could more broadly threaten the rulemaking authority the FTC cited when proposing to ban noncompetes."
Already, the tax services and software provider Ryan has filed a legal challenge in federal court in Texas, arguing that the FTC is unconstitutionally structured.
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Morgan Harper, director of policy and advocacy at the American Economic Liberties Project, praised the FTC for "listening to the comments of thousands of entrepreneurs and workers of all income levels across industries" and finalizing a rule that "is a clear-cut win."
Demand Progress' Emily Peterson-Cassin similarly commended the commission "for taking a strong stance against this egregious use of corporate power, thereby empowering workers to switch jobs and launch new ventures, and unlocking billions of dollars in worker earnings."
While such agreements are common across various industries, Teófilo Reyes, chief of staff at the Restaurant Opportunities Centers United, said that "many restaurant workers have been stuck at their job, earning as low as $2.13 per hour, because of the noncompete clause that they agreed to have in their contract."
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Student Borrower Protection Center (SBPC) executive director Mike Pierce pointed out that the FTC on Tuesday "recognized the harmful role debt plays in the workplace, including the growing use of training repayment agreement provisions, or TRAPs, and took action to outlaw TRAPs and all other employer-driven debt that serve the same functions as noncompete agreements."
Sandeep Vaheesan, legal director at Open Markets Institute, highlighted that the addition came after his group, SBPC, and others submitted comments on the "significant gap" in the commission's initial January 2023 proposal, and also welcomed that "the final rule prohibits both conventional noncompete clauses and newfangled versions like TRAPs."
Jonathan Harris, a Loyola Marymount University law professor and SBPC senior fellow, said that "by also banning functional noncompetes, the rule stays one step ahead of employers who use 'stay-or-pay' contracts as workarounds to existing restrictions on traditional noncompetes. The FTC has decided to try to avoid a game of whack-a-mole with employers and their creative attorneys, which worker advocates will applaud."
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One plaintiffs' attorney said the ruling "makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society."
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Democracy defenders on Tuesday hailed a ruling from a U.S. federal judge striking down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction.
In Monday's decision, U.S. District Judge Loretta C. Biggs—an appointee of former Democratic President Barack Obama—sided with the North Carolina A. Philip Randolph Institute and Action NC, who argued that the 1877 law discriminated against Black people.
"The challenged statute was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters," Biggs wrote in her 25-page ruling.
Therefore, according to the judge, the 1877 law violates the U.S. Constitution's equal protection clause.
"We are ecstatic that the court found in our favor and struck down this racially discriminatory law that has been arbitrarily enforced over time," Action NC executive director Pat McCoy said in a statement. "We will now be able to help more people become civically engaged without fear of prosecution for innocent mistakes. Democracy truly won today!"
Voting rights tracker Democracy Docket noted that Monday's ruling "does not have any bearing on North Carolina's strict felony disenfranchisement law, which denies the right to vote for those with felony convictions who remain on probation, parole, or a suspended sentence—often leaving individuals without voting rights for many years after release from incarceration."
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"It also makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society, specifically Black voters who were the target of this law," Brown added.
North Carolina officials have not said whether they will appeal Biggs' ruling. The state Department of Justice said it was reviewing the decision.
According to Forward Justice—a nonpartisan law, policy, and strategy center dedicated to advancing racial, social, and economic justice in the U.S. South, "Although Black people constitute 21% of the voting-age population in North Carolina, they represent 42% of the people disenfranchised while on probation, parole, or post-release supervision."
The group notes that in 44 North Carolina counties, "the disenfranchisement rate for Black people is more than three times the rate of the white population."
"Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to re-engage in the political process and perform their civic duty."
In what one civil rights leader called "the largest expansion of voting rights in this state since the 1965 Voting Rights Act," a three-judge state court panel voted 2-1 in 2021 to restore voting rights to approximately 55,000 formerly incarcerated felons. The decision made North Carolina the only Southern state to automatically restore former felons' voting rights.
Republican state legislators appealed that ruling to the North Carolina Court of Appeals, which in 2022 granted their request for a stay—but only temporarily, as the court allowed a previous injunction against any felony disenfranchisement based on fees or fines to stand.
However, last April the North Carolina Supreme Court reversed the three-judge panel decision, stripping voting rights from thousands of North Carolinians previously convicted of felonies. Dissenting Justice Anita Earls opined that "the majority's decision in this case will one day be repudiated on two grounds."
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As similar battles play out in other states, Democratic U.S. lawmakers led by Rep. Ayanna Pressley of Massachusetts and Sen. Peter Welch of Vermont in December introduced legislation to end former felon disenfranchisement in federal elections and guarantee incarcerated people the right to vote.
Currently, only Maine, Vermont, and the District of Columbia allow all incarcerated people to vote behind bars.
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