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Judge: California illegally approved water bank

Superior Court Judge Alice Vilardi ruled that Governor Schwarzenegger and the California Department of Water Resources illegally approved use of a water bank last year when a drought emergency was declared. The governor and the DWR were sued by environmental and sport-fishing groups because Schwarzenegger and the DWR did not comply with the provisions in the California Environmental Quality Act when approving the request to set up the water bank, which was to ship water from farms North of Sacramento to growers experiencing intense drought, mainly in the San Joaquin Valley. The DWR has not provided any comment.

Associated Press: Article

Virginia Department of Forestry to Preserve Forestland

The Virginia Department of Forestry estimates that Virginia could lose more forest and agricultural land in the next 40 years than it has since Jamestown was founded. In order to prevent and offset this loss, the department is developing a new program, called Tomorrow Woods, to protect forestland in Southeastern Virginia. Dominion Virginia Power is supporting the Department of Forestry on the program. The Department will work with landowners to protect large tracts of forests by keeping them intact through conservation easements. The Tomorrow Woods program will provide funding toward up-front costs in the conservation easement process, such as fees for attorneys, appraisal, title search, and title insurance. The Program will be available to landowners in Southampton, Isle of Wight, Dinwiddie, Prince George, Surry, and Sussex counties, and the City of Suffolk. The Department of Forestry is concerned about the conversion of private farmland to other uses within these counties in Southeast Virginia.

Tidewater News: Article

Military Bases for Habitat and Species Preservation

Fort Stewart, GA, spends as much as $3 million a year on wildlife management to accommodate five endangered species that live on its 279,000 acres. Last year, the base's wildlife staff built 100 artificial cavities to install 25 feet high in large pines so that the red-cockaded woodpecker would not have to build nests themselves. Although the military has argued that saving endangered species would hinder its battle preparedness, it has gradually realized that working to help species rebound is in its best interest: the more endangered species thrive, the fewer restrictions are put on training exercises to avoid destroying habitat. Today, extraordinary efforts to save threatened species are unfolding at military sites around the country. The military owns about 30 million acres of relatively pristine land that is often critical habitat for plants and animals. It needs to fulfill obligations under laws like the Endangered Species Act without curbing training exercises. The military is planning to broaden its efforts to reach beyond the 420 officially endangered or threatened species on its land to restoring ecosystems for more then 500 other species that are considered at risk. Post commanders are routinely trained on environmental responsibilities.

New York Times: Article

Cuccinelli Challenges EPA Greenhouse Gas Regulations

Virginia Attorney General Ken Cuccinelli filed a petition with the U.S. EPA asking the agency to reconsider its finding that greenhouse gases pose a danger to public health by contributing to climate change. The EPA's finding is a "legal trigger" that would allow the EPA to regulate greenhouse gases under the Clean Air Act. Cuccinelli's office said that the EPA needs to review its findings due to newly available information. In a press conference, Cuccinelli said that the EPA should consider recently publicized emails from a British climate-research office that show that they used faulty data to support the notion of manmade climate change. Cuccinelli also filed a separate petition asking a federal court to review the EPA's finding. Texas also filed a similar petition challenging the EPA's finding, claiming that the finding is "legally unsupported" because it relies on scientific findings from the IPCC (which may have used the faulty data from the British climate-research office to reach their conclusions). Cuccinelli said that the decision that global warming poses a threat to people relies on faulty data and will hurt jobs.

Washington Post: Article

Richmond Times-Dispatch: Article

South Atlantic Alliance Formed to Manage and Protect Coastal Resources

In October 2009, governors of North Carolina, South Carolina, Georgia, and Florida signed an agreement to form the South Atlantic Alliance. The Alliance pledges to work together to better manage and protect coastal resources, while ensuring economic sustainability and resiliency. The Alliance will bring together federal partners and stakeholders from academic, nongovernmental, and business communities. Four initial priority issue areas have been established: healthy coastal ecosystems; disaster-resilient communities; clean coastal and ocean waters; and working waterfronts. In the Southeast, coasts and oceans provide food, recreation, and transportation, while also supporting a wide range of natural resources. They are experiencing increasing pressure and conflict: coastal development impacts water quality and risk to human life during hurricanes and coastal storms; sea level rise and climate change alter natural and human communities; commercial and recreational uses can crowd waterways and create conflict between humans and nature.

Nature Conservancy: Press Release

McDonnell Pledges to Conserve 400,000 Acres During Term; Largest Conservation Ea

Governor Bob McDonnell commended The Nature Conservancy for placing 13,350 acres of land in a conservation easement, the largest easement in Virginia history. The easement, in Dragon Run Swamp on the Middle Peninsula, adds to already protected lands at Dragon Run to bring the total to 20,000 acres. Dragon Run Swamp is considered to be one of the most ecologically important areas in the Chesapeake Bay region. While commending the conservation easement, McDonnell also commended Governor Kaine on his efforts to preserve 400,000 acres during his term, and McDonnell has also pledged to conserve an additional 400,000 acres during his term.

Appomattox News: Article

Rappahannock Plan Is Developing

A committee will make public a draft watershed management plan on how Fredericksburg's vast Rappahannock riverfront easement should be used. The plan will be unveiled on 17 Feb at the University of Mary Washington's Jepson Center. The plan will outline how the property will be managed for access, recreation, and wildlife. The public will also get another chance to weigh in. The effort has been spearheaded by the Friends of the Rappahannock, working with representatives of Fredericksburg's planning and utilities departments, watershed property manager, and the easement holders (Virginia Department of Game and Inland Fisheries, The Nature Conservancy, and the Virginia Outdoors Foundation). In 2006, the Fredericksburg City Council created a permanent conservation easement on over 4,200 acres along more than 20 miles of the Rappahannock and Rapidan Rivers. The city had purchased the land from Virginia Electric and Power Co. in the 1960s. After the Feb 17th meeting, an updated draft will go to the city council for review, and later there will be another opportunity for public comment.

Free Lance-Star: Article

Drilling Rights off VA Coast Facing a Delay

A federal plan to sell oil and natural-gas drilling rights off the Virginia coast in November 2011 is facing a delay. The director of Virginia's Department of Mines, Minerals, and Energy was told by a member of a federal agency under DOI that more time is needed to conduct environmental studies on the program. It is unknown how long the delay on the lease sale will be - possibly until 2012 or later. The federal government's five-year drilling plan calls for drilling leases on almost 3 million acres in an area about 50 miles off the Virginia coast. Obama's administration is reviewing the plan, which was drawn up by the Bush administration; a congressional and presidential ban on Atlantic Ocean drilling ended in 2008. Virginia's proposed lease sale would be the first since the ban ended. Governor McDonnell has said he hopes to see the sale proceed in 2011 as planned so that the revenue from drilling can be used to pay for roads and other state needs. It is believed that the proposed leasing area off Virginia could contain 130 million barrels of oil and 1.14 trillion cubic feet of natural gas.

Richmond Times-Dispatch: Article

Northern Virginia Conservation Trust Plans to Expand Network of Green Space

The Northern Virginia Conservation Trust has plans to create a regional network of green space in Northern Virginia, an initiative known as "Connecting Our Green Spaces." Its goal is to "fill the gaps" in the region's "green infrastructure," a system of interconnected public parks, natural areas, stream valleys, and hiking trails. The trust has also created an emblem to brand projects that will focus on connectivity between forests, wildlife, water, and trails. The trust hopes to make it possible for a larger percentage of the Northern Virginia community to live within a short walk of a trail, park, stream valley, or preserved natural area. The trust president said that now is the time to protect properties, during a lull in construction while land is cheap. Northern Virginia Conservation Trust was founded in 1994 and has preserved 5,370 acres in Northern Virginia, holding 92 conservation easements and owning 21 properties.

Sun Gazette: Article

Kaine Reaches Land Conservation Goal

Governor Kaine announced on 8 Jan 2010 that his goal to conserve 400,000 acres of Virginia land has been reached. The final land tally was 424,103 acres, which includes about 46,000 acres placed under easement during the six months before Kaine took office in 2006 (counts were done by fiscal year). Several land purchases within the last six weeks of Kaine's term helped reach the final goal. Conservation easements on private lands make up the largest piece of protected lands under Kaine's goal, but through purchases, Virginia has also gained five state forests, three state parks, three wildlife management areas, and thirteen natural area preserves.

Roanoke Times: Article

Global Warming Officially a Threat to U.S. National Security

For the first time, in 2010, Pentagon planners will include climate change among security threats identified in the Congress-mandated Quadrennial Defense Review that updates Pentagon priorities every four years. The climate change reference follows the October establishment of a new Center for the Study of Climate Change at the CIA. However, this does not mean that the Pentagon and CIA have taken an official stance in the debate over the validity of data on global warming. It only means they wish to be prepared and look at the worst case scenario. Among the scenarios that concern security planners is the melting of the Himalayan ice mass"rivers fed by the glaciers would flood, then dry up as the glaciers retreat, endangering tens of millions of people in Bangladesh. Mass migrations across borders in the area could also soon involve militaries as people compete for food and shelter.

NPR: Article

Guam Military Plans Would Restrict Public from Hiking Land

Five natural sites in Guam will become more difficult, impossible, or illegal to visit when the military buildup arrives in Guam. Guam Boonie Stompers, a hiking group, is offering a series of hikes in January to take as many people as possible to the places before DoD makes use of the areas. The group hopes charmed hikers will join their cause to preserve the local access residents now have. Among the sites is Pagat Cave, a sinkhole and stone cavern in Yigo filled with waist-deep water, where locals and tourists swim and explore almost every day. An ancient Chamorro village once drew fresh water from the cave, and artifacts can be found on the ground. A firing range is planned for right next to the cave. Because of the military buildup, DoD will acquire or convert large tracts of land for its increased needs. There are lots of hiking sites on the land, three of which (Pagat Cage, Ague Cove, and the Lajuna area) are on land that the public will lose access to. Access to Mount Lamlam and other southern mountains won't be significantly restricted, but it may be in the future.

Guam Pacific Daily News: Article

Two New Lawsuits to Save the S. F. Bay - Delta Smelt

The Federal government was sued on November 13 by two environmental groups, the Center for Biological Diversity and the Bay Institute, in an attempt to help save two endangered fish species, the delta smelt and the longfin smelt. One of the lawsuits has asked that the U.S. Fish and Wildlife service make a decision on their 2006 request for changing the delta smelt's status from threatened to endangered. Spokesperson for the FWS said that there is no "practical difference between the law's protection for endangered and threatened species." The spokesperson for the Center for Biological Diversity countered by saying that he does realize that there is no difference but that they are hoping that if the lawsuits are successful, it would "strengthen environmental safeguards that protect other species." The second lawsuit that FWS is facing challenges the agency's decision to deny protected status to the bay-delta population of the longfin smelt. The agency's stance is that the group is not distinct enough to receive protection because a percentage of the fish migrate up the coast to breed with other longfins. These new lawsuits are coming right as the new $11.1 billion water bond was signed to be put on the ballot for November 2010. This bond would include funding for delta protection and restoration, new dams, and possibly a canal. Some environmentalists fear that these projects could cause greater damage to the fish populations in the delta. However, since the court began making decisions in 2007 to save the delta smelt, the state has, to many farmers' dismay, significantly reduced pumping water from the delta.

San Francisco Gate: Article

Boeing Irked by California Cleanup

Recently a law was passed that would regulate the cleanup of The Boeing Company's Santa Susana Rocket and Nuclear test site. The company claims that the law was passed exclusively for that site in particular. The Boeing Company says the law would impose "irrational and arbitrary requirements" on the site. "We are concerned that this law could cause unintended consequences that would destroy the natural, historic, and cultural resources of Santa Susana," said Tom Gallacher, Boeing director of environment, heath and safety for Santa Susana. The company said that it agreed to restore the land to be acceptable for residential use, but the new law would require this land to be acceptable for agricultural use. Boeing says that this "will never occur." The company also stated that the intensive cleanup could cause secondary damage to the surrounding ecosystem. The California Department of Toxic Substances Control, in the November 3 draft consent order for the Santa Susana field lab, said that the provision would protect public heath and the environment. "The draft order brings us one step closer to the long-sought-after cleanup of the Santa Susana site," said Maziar Movassaghi, DTSC acting director.

UPI: Article

Concerns over Environmental Impact of Solar Power in California

BrightSource Energy has a plan to build a solar power plant in San Bernardino County in the Ivanpah Valley. The plant would produce 440 megawatts of electricity through the creation of steam by using reflected sunlight to heat liquid-filled towers. It has been noted by the developer that this would offset 450,000 tons of carbon emissions per year, create 1,000 jobs, and generate more than 400 million dollars in tax revenue. However, despite these benefits, there are still local officials and environmentalists who are not thrilled by the plan. The proposed area for the plant is right in the middle of endangered-desert-tortoise territory. They also believe that the jobs will go to Las Vegas residents, and the solar power will go to San Francisco. "There are better places to put solar energy," says Eldon Hughes of the San Gorgonio Chapter of the Sierra Club.

Cooler Planet: Article

Fredericksburg, Stafford Leading the Region with Recycling

Stafford County and Fredericksburg continue to lead the region in recycling, and Spotsylvania County is also making steady progress with its recycling. The Virginia DEQ put out their Virginia Annual Recycling Rate Report, with numbers from 2008. The R-Board landfill off Eskimo Hill Road recycled 46.7 percent of its solid waste last year, up from 45 percent in 2007. One large improvement in area recycling was the switch to a "single-steam" waste system last year. Recycle America, a subsidiary of Waste Management Inc., picks up and sorts the materials to sell to end users. The single-stream system results in an average recovery of up to 30 percent more recyclable materials while maintaining material quality equal to or better than traditional recycling processes. The system is easier for haulers and more convenient for customers. The R-Board landfill also mulches yard waste, recycles construction debris, composts biosolids, and accepts aerosol cans and plastic grocery bags.

Free Lance-Star: Article

Military Fuel Use Increased 175% Since Vietnam War

Since the Vietnam War, the amount of fuel used by the U.S. military in combat operations (on a per-soldier basis) is up 175 percent, according to a new analysis. Today's soldier consumes about 22 gallons of fuel per day, and this amount is projected to grow about 1.5 percent per year through 2017. This increase has come despite fuel economy advances for everything ranging from armored vehicles to jets. The amount of fuel used per soldier may have increased due to the use of unmanned drones.

Environemental Leader: Article

Virginia, Maryland, Delaware Governors Sign Wind-Power Accord

The governors of Virginia, Maryland, and Delaware have signed a memorandum of understanding to create a tri-state partnership for the development of wind energy offshore. Governor Kaine said that wind energy development is consistent with Virginia's energy plan, and the partnership will help to build on the region's wind resources. The plan is for the three states to focus on joining resources and information to bring offshore wind energy to the region. The first tasks will include identifying common transmission strategies for offshore wind development in the region, discussing ways to encourage sustainable demand for wind, and pursuing federal policies to advance regional wind power.

Richmond Times-Dispatch: Article

California Governor Schwarzenegger Celebrates Opening of Worlds Largest Landfill

On November 2, Governor Arnold Schwarzenegger celebrated the opening of the world's largest landfill gas to liquefied natural gas (LFG-to-LNG) facility in California, the Waste Management Altamont Landfill and Resource Recovery Facility in Livermore. The plant, put together by partners Waste Management, Linde-BOC, and Gas Technology Institute, is designed to produce up to 13,000 gallons of LNG a day and is expected to eliminate 30,000 tons of greenhouse gas emissions per year.

Califonia News Wire: Article

EDF Praises California Legislature's Passage of Historic Water Legislation

The Environmental Defense Fund has praised the California Legislature for passing "historic water legislation" in both the state Senate and Assembly on November 4, 2009. It has now been sent to Governor Schwarzenegger to sign into law. This water legislation has been in the works for over a year now and has drawn much debate from many different sources. With California's current water system failing more and more each year, it was clear to all parties involved that it was imperative that a compromise be reached quickly. The new legislation includes requirements to "make sure there is enough water flowing for fish and other wildlife, reduce reliance on fresh water exports from the delta, require much greater conservation, and develop good science on the state underground water reserves." "No one got everything they wanted, but for the sake of our state's environmental and economic future, we all felt that we had an obligation to come together and keep working until we could reach an agreement. That's what we have done," said Cynthia Koehler, EDF's senior consulting attorney.

Reuters: Article

EPA Fines California Pesticide Distributor

Wilber-Ellis Co., a distributor of pesticide products, was fined $100,000 by the Environmental Protection Agency because the company was distributing and selling misbranded agricultural products. The company failed to include several safety elements on the label of many pesticides and also hired applicators who failed to wear protective gear and distributed a highly toxic product without labeling it. The company has agreed to pay $99,600 to resolve the allegations.

Mercury News: Article

Spotsylvania VRE Could Come by 2012

Spotsylvania County can expect a VRE station by February 2012, according to an agreement governing the county's membership with the commuter rail. Two pro-VRE candidates won re-election to the Spotsylvania Board of Supervisors in this past election, which "essentially sealed the deal for the county to join VRE." The Potomac and Rappahannock Transportation Commission is expected to ratify an agreement that requires the VRE to extend a third rail into Spotsylvania so that train service can begin as soon as the station is built. The third rail must also coincide with the county's building a new VRE station and parking lot. The parking lot will have at least 500 spaces, with the capacity to expand to 1,000 spaces. About 1,000 Spotsylvania riders now board the VRE trains daily from Fredericksburg and Stafford stations. Currently, the county does not have a formal agreement with any developer, landowner, or company to build the VRE station, but there is much support for the service among the business community in the county. The county's comprehensive plan targets an area by the VRE Crossroads yard of U.S. 17 and State Route 2 as a prime location, which is also the area where Tricord Companies proposed and later postponed Summit Crossing.

Free Lance-Star: Article

Carbon Capture/Sequestration Project Awaiting Funding

Dominion Virginia Power and Virginia Tech are seeking federal stimulus money to cover 50 percent of the cost of a $580 million carbon-capture-and-sequestration project. The project would remove carbon dioxide from power plant emissions at the Virginia City Hybrid Energy Center and store it underground. Earlier this month DOE announced $1.4 billion in awards for 12 other similar projects. This project would use chemicals called "amines" to capture the carbon dioxide. It would handle emissions from 70 megawatts of power generation, removing 545,000 tons of carbon dioxide a year. The captured carbon dioxide would be sent via pipeline into nearby geologic formations ("stacked storage," or multiple formations at different depths, including unminable coal seams, depleted gas fields, and saline aquifers). The carbon dioxide would not be injected anywhere near deep underground coal mining operations, and will be constantly monitored to guard against leakage. Construction on this project is scheduled to begin in 2013 and be completed in 2015.

Bristol Herald Courier: Article

Interior Department Proposes Protected Habitat for Polar Bears in Alaska

The Department of the Interior proposed designating over 200,000 square miles of land, sea, and ice along the northern coast of Alaska as critical habitat for polar bears. The area would be the largest single designation of protected habitat for any species and would encompass the entire range of the two polar bear populations on American land and waters (approximately 3,500 bears). Officials noted that the polar bears' range is shrinking due to the melting of sea ice linked to climate change. The Interior Department declared the polar bear as threatened with extinction under the Endangered Species Act in May 2008. The bear habitat would not be set aside as a refuge; oil and gas exploration and other activities would continue. The habitat announcement was part of a settlement - conservation groups sued when DOI listed the polar bear as threatened and did not simultaneously designate critical habitat as the law requires.

New York Times: Article

Kaine Announces Mill Mountain Conservation Easement

Governor Kaine announced that over 600 acres on Mill Mountain in Roanoke will be placed under conservation easements through an agreement with the Roanoke City Council. He made the announcement during a speech publicizing the Virginia Outdoors Foundation's addition of 17,000 acres to its land under conservation easements. Mill Mountain is already listed on the National Register of Historic Places, and the easement will add further protection. The only land still under question is at the summit of the mountain, where there is a 20-acre area that has been developed into a city park with a zoo, visitor's center, and an 80-foot star. It is unclear how this area will be affected, and the city council will be consulting with the Mill Mountain Advisory Committee about the boundaries of the easement.

Roanoke Times: Article