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Green Bills Pass In New York | Earth Wise

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In late July, the two houses of the New York legislature passed a number of environmental bills covering a wide range of topics.

These included a bill to add protected status for streams that support fisheries and non-contact recreation.  A second bill bans the use of PFAS in food packaging.  A third bill classifies all wastes resulting from oil and gas exploration, development, extraction or production as hazardous waste, closing a previous loophole in the law.

A fourth bill requires water works corporations with more than 1,000 service connections to post their annual water supply statements online, thereby providing transparency and openness to water quality data.  A fifth bill expands protections for endangered species to protect them from environmental rollbacks by the federal government.

A sixth bill prohibits non-electric vehicles from parking in spaces designated for electric vehicle charging, thereby establishing penalties for this practice that is often done for spite.  A seventh bill bans the use of glyphosate – the herbicide found in Roundup and other products – on state property.

An eighth bill reduces the use of road salt in the Adirondacks.  A ninth bill requires supermarkets to make good faith efforts to donate edible excess food to qualifying entities such as food pantries, food banks, or similar entities.   A tenth bill bans certain uses of trichloroethylene or TCE, including as a vapor degreaser, an intermediate chemical to produce other chemicals, a refrigerant, or an extraction solvent.

When signed by the governor, these ten pieces of legislation will help protect New York’s environment, water, and health.  It was a busy session for green legislation.

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Several Green Bills Pass in State Legislature

Photo, posted September 12, 2018, courtesy of Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

A Victory For Clean Water | Earth Wise

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Many of the nation’s environmental laws are under siege from the current administration, but a recent decision by the U.S. Supreme Court has solidified the Clean Water Act’s place as one of the country’s most effective environmental laws.

The case in question was about whether a wastewater treatment plant in Maui has been violating the Clean Water Act by polluting the ocean indirectly through groundwater.  Since the 1980s, the Lahaina wastewater treatment facility has been discharging millions of gallons of treated sewage each day into groundwater that reaches the waters off of Kahekili Beach, which is a popular snorkeling spot.   Groundwater, like any water beneath the land’s surface, can flow into major waterways such as rivers, streams, and, in this case, the ocean. 

In 2012, the nonprofit Earthjustice sued Maui county on behalf of four Maui community groups. Over the years, the Hawaii district court and the 9th Circuit appeals court ruled in favor of Earthjustice.  Last year, Maui County successfully petitioned the U.S. Supreme court to hear the case, which could have endangered the Clean Water Act.

On April 23, by a 6-3 vote, the court ruled that point source discharges to navigable waters through groundwater are regulated by the Clean Water Act when the addition of pollutants through groundwater is the functional equivalent of a direct discharge into navigable waters.

With this ruling, the Court rejected the Trump administration’s polluter-friendly position in the clearest of terms.  According to the opinion, written by Justice Breyer, the Court could not see how Congress could have intended to create such a large and obvious loophole in one of the key innovations of the Clean Water Act.  This is a victory for clean water.

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The Clean Water Case of the Century

Photo, posted June 30, 2018, courtesy of Kirt Edblom via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

Working Forest Buffers | Earth Wise

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More than 100,000 miles of U.S. rivers and streams are polluted by nitrogen and phosphorus, mostly from agricultural runoff.  In the past, forests grew naturally alongside these waterways and helped stabilize stream banks and decrease flooding while trapping and filtering pollutants.  But most of these forests have been cut down to make way for towns, cities, livestock, and crops.

Farmers are reluctant to retire valuable farmland with non-productive buffer planting.  But in Pennsylvania, there is an innovative program that encourages farmers to plant cash crops in waterway buffer zones that can help stabilize stream banks and clean up the waterways.  These plantings are called working buffers.

Strips of streamside land are replanted with native floodplain trees and shrubs.  These are known as riparian forest buffers.  Pennsylvania has instituted a grant program under which farmers and landowners plant these buffers and turn a profit.

Many of these buffers have three zones.  A conventional forest buffer that can be just 15 feet wide is composed of native woodland and stabilizes the bank with tree roots and enhances wildlife habitat.  A second zone, some 20 feet wide, is planted with trees and shrubs that can tolerate periodic flooding.  Apart from slowing floodwater and taking up nutrients, this zone can provide profits by planting trees like black walnut, hazelnut, persimmon, and elderberry.  Only hand harvesting is allowed.  A third zone, adjacent to conventional crop, can contain blueberries, raspberries, and decorative woody florals.

How many farmers can be enticed to create these riparian buffers remains to be seen, but they do represent a way to help farmers to reduce pollution and turn a profit along the way.

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A Movement Grows to Help Farmers Reduce Pollution and Turn a Profit

Photo, posted March 19, 2010, courtesy of the USDA via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

Melting Permafrost | Earth Wise

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The Arctic is warming faster than any region on Earth and mostly we’ve been hearing about the rapid disappearance of Arctic sea ice.  But the land in the Arctic is also undergoing major changes, especially to the permafrost that has been there for millennia.

Permafrost occurs in areas where the temperature of the ground remains below freezing for two years or more.  About a quarter of the Northern Hemisphere’s landscape meets this criterion.  Most of the world’s permafrost is found in northern Russia, Canada, Alaska, Iceland, and Scandinavia.

Permafrost regions previously carpeted in cranberries, blueberries, shrubs, sedges, and lichen are now being transformed into nothing but mud, silt, and peat.  So-called regressive thaw slumps – essentially landslides – are creating large craters in the landscape.  (The Batagaika Crater in the Yana River Basin of Siberia is a kilometer long and 100 meters deep).

Apart from the violence being done to the Arctic landscape, the greatest concern is that the permafrost has locked in huge stores of greenhouse gases, including methane, carbon dioxide, and nitrous oxide.  It is estimated that the permafrost contains twice as much carbon as is currently contained in the atmosphere.  As the permafrost thaws, these gases will be released.  With them will be pathogens from bygone millennia whose impact cannot be predicted.  Climatologists estimate that 40% of the permafrost could be gone by the end of the century.

As the permafrost thaws, the region’s ecosystems are changing, making it increasingly difficult for subsistence indigenous people and Arctic animals to find food.  Landslides are causing stream flows to change, lakes to suddenly drain, seashores to collapse, and water chemistry to be altered.

The warming Arctic is about much more than disappearing sea ice.

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How Thawing Permafrost Is Beginning to Transform the Arctic

Photo, posted February 9, 2017, courtesy of the U.S. Geological Survey via Flickr.

Earth Wise is a production of WAMC Northeast Public Radio.

Urban Streams Are Breeding Superbugs

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City streams are subjected to a constant onslaught of synthetic chemicals found in pharmaceuticals and personal care products. Wastewater treatment facilities are not designed to filter out these compounds. Instead, they flow into surface waters where they impact aquatic organisms like microbes – which perform key ecosystem services like removing excess nutrients and breaking down leaf litter.

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Salt Cocktails Compromise Freshwater

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Human activities are exposing US rivers and streams to a cocktail of salts, with consequences for infrastructure and drinking water supplies. Road salt, fertilizers, and mining waste – as well as natural weathering of concrete, rocks, and soils – all contribute to increased salt in waterways. When these different salt compounds combine, their harmful effects can amplify.

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Green Solutions To Storm Water Runoff

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Philadelphia, America’s fifth largest city, has struggled with storm water runoff problems since the days of Benjamin Franklin.  The city’s numerous streams that run into the Schuylkill and Delaware Rivers were eventually covered with brick arches or cemented into underground sewers.  The network of underground-to-riverfront outfalls through increasingly-larger pipes is pretty much how all U.S. cities have been coping with storm water for over 200 years.

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Fracking And Streams

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Hydraulic fracturing – better known as fracking – is a method of extracting oil and gas from shale deposits in which millions of gallons of freshwater and chemicals are injected into deep underground deposits.  There has been a great deal of concern related to the effects that this process has on water quality and also on the stability of the ground in the vicinity of where it takes place.

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Pine Barrens Threatened

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Pine barrens occur throughout the northeastern U.S. from New Jersey to Maine.  They are plant communities that occur on dry, acidic, infertile soils dominated by grasses, forbs, low shrubs, and small to medium-sized pines.  The Pine Bush Preserve in Albany, New York is one of the larger inland pine barrens in the country.

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