Tuesdays with Turtles – Leatherbacks in Gabon

Judith Lewis of the LA Weekly summarizes the issues before the Supreme Court currently debating the Clean Water Act. Among the things she says:

One state’s boon is another state’s disaster, and it doesn’t much matter whether that state is red or blue: If you’ve seen what happens when your swamps disappear, as they have in Florida, you know why it’s important to protect them.

In other words, each state is free to screw up its water and then realize too late that they need to protect their wetlands? This points to the insanity that underlies all Federal Environmental Regulation, they are based on the Federal Government’s authority to “Regulate Interstate Commerce” under the Commerce clause of the Constitution. Since Environmental Protection is not mentioned in the Constitution (did they even have indoor plumbing of the non chamber pot variety?), it is considered a state subject unless it affects “commerce”. This can be interpreted either expansively to protect the environment, or Scalialisciously (thank you, the very wonderful Dahlia Lithwick, the only Supreme Court columnist to have her own fan page) to let any one build/dump wherever they please as long as they are not on the banks of the Mississippi! The CWA specifically empowers states to issue permits and it would seem that an successful challenge would really muddy the waters  🙁

Reading Lithwick’s dispatch leaves me to believe that it’s going to be a close call. Justices Scalia and Roberts seem to be finely parsing language and displaying a contemptuous and obviously fake ignorance of watershed hydrology. Hopefully, the center (Kennedy) will hold, He is a “States Rights” kinda guy, though, which is scary. On the other hand, he likes European Law and Europe is the Queen of classic command and control environmental regulation. Help, I can’t stand the suspense, what do the Vegas lines say???! Here are some of the possible consequences of an unfavorable ruling –

Under that topsy-turvy interpretation of the landmark 1972 law, more than half of all streams in the United States, as well as one-fifth of all wetlands, would no longer be protected, according to the federal Environmental Protection Agency. And waterways that provide drinking water for more than one in three Americans would be at risk. Nearly 150,000 miles of protected streams in California could be threatened.

The federal government is arguing for the continuation of the CWA, which I guess is some relief, hope they want to win this one.

Well, if you believe that correlation = causation, that is! But jokes aside, every time an anti-environmental icon goes down, the salmon rejoice. Not that I know much about fisheries, but salmon and Larry Craig, that’s a great combination right there!

Sen. Craig’s fall may benefit salmon – Yahoo! News

The surprising fall of Sen. Larry Craig, R-Idaho, removes a longtime obstacle to efforts by Democrats and environmentalists to promote salmon recovery on Northwest rivers.
Craig, who was removed from leadership posts on the Senate Appropriations and Energy committees after a sex scandal, is known as one the most powerful voices in Congress on behalf of the timber and power industries. Environmentalists have fought him for years on issues from endangered salmon to public land grazing.

At issue is the protection of salmon migration trails in Western rivers full of dams. The Bush administration in 2005, among other things, issued a salmon recovery plan that, among other things, counted farmed salmon in claiming that salmon populations were recovering (can’t even be bothered to argue against that!). Craig’s fall will let Harry Reid (Nevada) and Maria Cantwell (Washington) spearhead more sensible legislation.

Duke Energy, that is, not the Blue Devils!

The Supreme Court sure has a green tinge today!

newsobserver.com | Justices rule against Duke on pollution controls

The Supreme Court gave a boost today to a federal clean air initiative aimed at forcing utilities to install pollution control equipment on aging coal-fired power plants.
In a unanimous decision, the justices ruled against Duke Energy Corp. in a lawsuit brought by the Clinton administration, part of a massive enforcement effort targeting more than a dozen utilities.

Most companies settled with the government, but several Clinton-era cases involving more than two dozen power plants in the South and the Midwest are still pending. The remaining suits demand fines for past pollution that if levied in full would run into billions of dollars.

The justices ruled that the 4th U.S. Circuit Court of Appeals in Richmond, Va., overstepped its authority by implicitly invalidating Environmental Protection Agency regulations in a way that favored Duke. The case now returns to the lower courts.

The appeals court’s decision “seems to us too far a stretch,” Justice David Souter wrote.

The enforcement program is aimed at reducing power plant emissions of nitrogen oxide and sulfur dioxide that contribute to smog and acid rain. Sulfur dioxide is the leading cause of acid rain.

The utility industry has long resisted installing costly pollution controls under the program called New Source Review. It waged vigorous campaigns against the program starting in the 1980s and more recently by battling it out with regulators when sued in federal courts.

But, will it make tea? File it under the “too good to be true” department. I’ll believe it when it happens.

From Wales, a box to make biofuel from car fumes: Scientific American

The world’s richest corporations and finest minds spend billions trying to solve the problem of carbon emissions, but three fishing buddies in North Wales believe they have cracked it.

They have developed a box which they say can be fixed underneath a car in place of the exhaust to trap the greenhouse gases blamed for global warming — including carbon dioxide and nitrous oxide — and emit mostly water vapor.

The captured gases can be processed to create a biofuel using genetically modified algae.

So, what they’re saying is that they have designed a device that can safely sequester most of the toxic components of automobile exhaust for a little while. Then, you take this “magic box” down to your local refinery where this sequestered gas is mixed with some algae. The algae then uses this CO2 as fuel to make biodiesel.

Very cool in concept. Kinda hard to critcize without the details, No?

Scotland County Of Tomorrow

As some of you might know, it is a well known fact that race is a predominant factor in the siting of landfills (warning, pdf, but worth it!!). But the folks at the North Carolina Environmental Justice Network (NCEJN) and its member organizations do a wonderful job in organizing, protesting, and lobbying against this egregious practice. If you’re in the neighborhood (or in the mood for a road trip), please do consider joining the protest.