Saving Seafood

Supreme Court to Review Endangered Species FOIA Case

March 3, 2020 — The Supreme Court is taking up the Trump administration’s legal quest to keep certain Endangered Species Act records from the public eye.

The justices agreed Monday to review a petition from two U.S. agencies trying to reverse a court order to release draft documents from a controversial species consultation process. The Freedom of Information Act case could have broad ramifications for agency disclosure in other contexts.

Government lawyers warned in their petition that allowing the order to stand would undermine a FOIA exemption that allows for “candid” communication between agencies during decision-making processes. But the Sierra Club, which filed the underlying case, says FOIA doesn’t allow agencies to shield important records simply by labeling them drafts.

“If an agency makes a decision that alters the course of either another agency’s decision-making or affects the public, it doesn’t get to just stamp that document ‘draft’ or ‘secret’ or ‘for our eyes only’ or anything else,” Sierra Club attorney Sanjay Narayan told Bloomberg Law.

Some legal analysts predict that the court’s decision to take the case means the justices will side with the government.

Read the full story at Bloomberg Law

Congressmen Van Drew and Rutherford Introduce ACEPA

February 11, 2019 — The following was released by the office of Congressman Jefferson Van Drew:

In response to the National Oceanic and Atmospheric Administration (NOAA) issuing five Incidental Harassment Authorizations (IHAs) which would advance permit applications for seismic air gun blasting off the Atlantic Coast, Congressmen Jeff Van Drew and John Rutherford have introduced the bipartisan Atlantic Coastal Economies Protection Act to prohibit or stop seismic air gun testing in the Atlantic Ocean. Seismic air gun testing is the first step towards offshore oil and gas exploration and a direct threat to the coastal fishing and tourism economies dependent on healthy ocean ecosystems.

Congressman Jeff Van Drew has a history of working to protect the coastal economy and environment. In 2018 during his time in the New Jersey state legislature, he introduced and passed Senate Bill No. 258 which prohibited offshore oil or natural gas exploration, development, and production in state waters. “Our local economy is dependent on fishing, tourism and wildlife watching – the bottom line is offshore oil and gas drilling isn’t worth the risk,” said Van Drew.

“The waters off the East Coast are home to vulnerable mammal populations, military operations, tourist destinations, and a vibrant maritime economy. Allowing seismic testing in the Atlantic is unnecessary and potentially hazardous to the coastal communities that rely on a healthy ecosystem. The U.S. should not jeopardize our coastal economy by expanding seismic testing and offshore drilling, particularly when our energy needs continue to be met,” said Congressman John Rutherford.

Van Drew and Rutherford were joined in the effort by Representatives Chris Smith (R-NJ), Joe Cunningham (D-SC), Brian Mast (R-FL), and Donna Shalala (D-FL). The bill was also endorsed by a variety of stakeholders ranging from local chambers of commerce and fisheries organizations to conservation and environmental groups.

Endorsements: Oceana, League of Conservation Voters, Surfrider Foundation, Natural Resources Defense Council, Sierra Club, Environment America, Earthjustice, Conservatives for Responsible Stewardship, Hands Across the Sand, American Littoral Society, Ocean Conservation Research, Recreational Fishing Alliance, American Sportfishing Association, International Game Fish Association, Center for Sportfishing Policy

Read the release here

Federal appeals court orders halt to work on Atlantic Coast Pipeline

May 17, 2018 — A federal appeals court has nullified a key permit for Dominion Energy’s Atlantic Coast Pipeline, finding that restrictions against harming wildlife are inadequate and halting some work on the controversial 600-mile natural gas project.

Three judges of the U.S. Court of Appeals for the 4th Circuit said in a ruling issued late Tuesday that the U.S. Fish and Wildlife Service had failed to set clear limits for impact on threatened or endangered species.

The judges said that “the limits set by the agency are so indeterminate that they undermine . . . the enforcement and monitoring function under the Endangered Species Act.” The decision came in a brief unsigned order after being reviewed by Chief Judge Roger L. Gregory and judges Stephanie D. Thacker and James A. Wynn Jr.

The case was brought against the pipeline by the Southern Environmental Law Center on behalf of the Sierra Club, Defenders of Wildlife and the Virginia Wilderness Committee.

Read the full story at the Washington Post

 

Not Too Late To Save Critically Endangered Orcas Say State Leaders And Feds

March 15, 2018 — The Pacific Northwest’s beloved orcas will not survive unless humans do more to ensure adequate food and cleaner, quieter waters. That was one of the messages at a crowded signing ceremony in Seattle convened by Washington Gov. Jay Inslee.

The population of genetically-distinct resident orcas has dwindled to a critically low level. Deaths outpace births. Only 76 remain as of the last count.

“This is a dangerously low number for a species that is already endangered under the federal Endangered Species Act,” Jeff Parsons of the Puget Sound Partnership said at a legislative hearing in Olympia earlier this month.

”We’re at a critical juncture with orcas and we need to act now if we’re to save the species,” added Bruce Wishart, a Sierra Club lobbyist.

The resident killer whales face three main threats topped by lack of prey. Their favorite food is Chinook salmon, which is also dwindling. Then there’s disturbance from vessels and underwater noise. A third threat is toxic pollution in the water and marine food chain.

“If they’re not getting enough food, they’re going to use their blubber where contaminants can often be stored,” said Lynne Barre, the federal orca recovery coordinator at NOAA Fisheries. . “But once they’re using that blubber and they circulate, it can cause immune dysfunction and that may be affecting reproduction as well.”

So is this dwindling population doomed?

“I don’t think it’s doomed,” Barre said. “We have seen the whales be at an even lower level in the past but that was following removals for public display and aquariums. So following those removals and low numbers we’ve seen in the past, we have seen this population be resilient and be able to grow—and even at a pretty high rate of two percent or more per year.”

That’s what Barre is hoping happens again now that the federal and state governments have complementary recovery plans. Inslee on Wednesday signed an executive order directing seven state agencies to take a wide variety of short and long-term actions.

Read the full story at NW News Network

 

Massachusetts: Trump’s offshore drilling plan panned at hearing

March 1, 2018 — Opponents of offshore drilling on Tuesday blasted President Donald Trump’s proposal to open up the New England coast to oil and gas exploration, saying the plan threatens the state’s fishing industry, coastal economies, public health and delicate marine life.

Officials from the Bureau of Ocean Energy Management held a informational event about Trump’s plans in the Sheraton Hotel in Boston on Tuesday, but they only took written testimony from the public. They set up booths with experts to answer questions and a broadcast a video with information about the proposal.

Opponents staged a protest in another function room. Some wore lobster and shark costumes. Others held signs that read “Drilling is Killing.” A giant inflatable whale was displayed.

“Opening up our coast to offshore drilling would be terrible for Massachusetts,” Emily Norton, chapter director of the Massachusetts Sierra Club, told a packed room of opponents. “We will be fighting this with everything we’ve got, in the courts, on the streets and at the ballot box.”

Democratic attorneys general from a dozen coastal states — including Massachusetts Attorney General Maura Healey — have written Interior Secretary Ryan Zinke protesting the drilling plan. Tuesday’s hearing was one of dozens scheduled across the country through the end of March.

Democratic governors along both coasts unanimously oppose drilling, as do a number of Republican governors, including Massachusetts Gov. Charles Baker. Baker is scheduled to meet with Zinke on Sunday to discuss offshore drilling while he’s in Washington for the National Governors Association’s winter meeting.

Baker wrote to Zinke last year expressing concerns about the impact of oil exploration along the outer continental shelf on the state’s fishing industry and marine resources and ecosystems. He also noted the state’s efforts to reduce greenhouse gas emissions and develop offshore wind resources.

Read the full story at the Gloucester Times

 

Gloucester Times: Government must listen on ocean drilling

March 1, 2018 — Opponents of drilling for oil and gas in the offshore waters of New England are legion, and they have plenty to say.

If only they could find a way to get their government to listen.

What was touted earlier this year as a public hearing on the proposal by the Bureau Ocean Energy Management was anything but Tuesday. The event, which had been postponed and seen its location shift a handful of times, could be better described as an infomercial. There were business expo-style booths aplenty at the Sheraton Hotel in Boston, and even a promotional video touting the plan.

But if you wanted to let government leaders know in person how you felt about drilling into the seabed, you were out of luck — the bureau was accepting written comments only. It’s a common tactic used by officials to stifle public debate. By accepting written comments, you can pretend you’ve listened to the people without having to actually face them in an open, public and often messy forum.

And folks in these parts are demanding to be heard on the Trump administration’s plan to open 90 percent of the nation’s offshore waters to oil and gas exploration. When it was announced a few months ago, the proposal garnered immediate praise from the giant energy conglomerates who seem to have the president’s ear on issues ranging from the Keystone XL pipeline to so-called “clean coal.” Every other interest, meanwhile, came out against the plan. Republicans and Democrats — including Gov. Charlie Baker and Attorney General Maura Healey — are united in bipartisan opposition. The commercial fishing industry and the environmental lobby, which have been bitterly at odds over the last 30 years, are standing side-by-side.

“Opening up our coast to offshore drilling would be terrible for Massachusetts,” Emily Norton of the Massachusetts Sierra Club said Tuesday. “We will be fighting this with everything we’ve got, in the courts, on the streets and at the ballot box.”

Gloucester Mayor Sefatia Romeo Theken, who cut her political teeth opposing drilling as a member of the Gloucester Fishermen’s Wives Association (she is still the group’s vice president), noted a single leak from an oil well in an offshore fishing area “could devastate us all.”

She’s right. It would be the end of New England commercial fishing, which is less an “industry” like the oil and gas behemoths and more a loose confederation of small businesses ranging from shoreside bait and ice providers to marine repair yards to the boats themselves, the oceangoing equivalent of a mom-and-pop store. Together, however, they comprise a $7 billion-a-year piece of the economy.”

And that’s not taking into account Massachusetts’ recreational fishing and tourism businesses, which rely on clean water and pristine beaches to attract visitors.

Read the full story at the Gloucester Times

 

New Yorkers rally against offshore drilling plan

February 16, 2018 — ALBANY, N.Y. — Wearing fish-shaped caps and armed with a megaphone, New York state’s leading environmental advocates protested President Donald Trump’s plan to open offshore areas to oil and gas drilling on Thursday as federal energy officials held an open house on the proposal near the state Capitol.

The group, wearing caps shaped like sturgeon, salmon and other vulnerable ocean species, included Aaron Mair, past president of the Sierra Club, and Judith Enck, the regional Environmental Protection Agency administrator under former President Barack Obama. They said Trump’s plan could devastate the environment while leaving potential renewable energy sources untouched. They called on Congress to pass a law blocking the proposal.

“We all remember the BP Deepwater Horizon catastrophe,” Enck said into a megaphone, referring to the 2010 rig explosion in the Gulf of Mexico that triggered the largest offshore oil spill in U.S. history. “We cannot afford that reckless activity in the Atlantic.”

Inside, federal energy officials handed out information packets and briefed members of the public on the president’s decision last month to open most of the nation’s coast to oil and gas drilling as a way of making the U.S. less dependent on foreign energy sources. Several dozen people had trickled through at the midpoint of the four-hour open house. Members of the public were encouraged to submit written comments.

William Brown, chief environmental officer at the U.S. Bureau of Ocean Energy Management, said he welcomed comments from opponents to the plan.

Read the full story from Associated Press at the Seattle Times

 

Rhode Island: Ocean State Officials Pledge to Halt Offshore Drilling

February 13, 2018 — NARRAGANSETT, R.I. — Rhode Island’s governor and members of Congress are calling for an all-out effort to oppose President Trump’s plan for offshore drilling along the Eastern seaboard. They warned of the environmental and economic risks to the state’s fishing and tourism industries. They urged the public to submit comments on the proposal to the Bureau of Ocean Management (BOEM) and to show their opposition at a scheduled Feb. 28 public workshop in Providence.

Referencing the six commercial fishermen in the audience at at Feb. 12 press event, Sen. Sheldon Whitehouse, D-R.I., said he planned to advance a bill signed by all New England senators to ban offshore drilling off the New England coast. Whitehouse called the offshore drilling proposal a “dumb idea” and blamed the fossil-fuel industry for directing the Trump administration to enact it.

“This will not happen. Whatever it takes to prevent it, we will see takes place,” Whitehouse said.

Gov. Gina Raimondo promised to lobby governors of coastal states to pass resolutions opposing the offshore drilling plan.

“This is backwards. We ought to be moving forward for offshore wind farms, not backwards for offshore oil drilling,” she said.

Raimondo also restated her intent to have Interior Secretary Ryan Zinke follow through on his promise to meet her in Rhode Island and discuss the fossil-fuel project. Several East Coast governors called Zinke after he met with Florida Gov. Rick Scott. Scott apparently convinced Zinke to exempt his state from the offshore drilling plan. Although there is skepticism of the agreement after Zinke’s office backtracked somewhat on that promise and legal questions of such an exemption surfaced.

Whitehouse and Raimondo were asked whether a state or regional carbon tax would put economic pressure on Trump and the fossil-fuel industry. Both said they favor a national or multi-state fee on fossil fuels. However, Whitehouse said his carbon tax bill in the Senate won’t advance until the head of the Senate is a Democrat.

“The Republicans are keenly interested in trying to shovel this issue under the rug as much as they can to keep the fossil-fuel money flowing into their party. It’s a sad state of affairs,” Whitehouse said.

Raimondo said she favors advancing a carbon tax along with public pushback to offshore drilling.

Read the full story at ECORI

 

Cooper: NC will sue if it has to over offshore drilling

January 22, 2018 — WRIGHTSVILLE BEACH, N.C. — Gov. Roy Cooper on Monday promised legal action if North Carolina is not exempted from the Trump Administration’s offshore drilling plans.

Florida won an exemption shortly after the administration announced plans to explore new drilling operations up and down the Atlantic Coast. The decision drew speculation that Florida was treated differently because it has a Republican governor or because President Donald Trump owns coastal property there.

But Cooper said he’ll stick with what Interior Secretary Ryan Zinke said publicly at the time: That Florida’s heavy reliance on tourism and consideration of the “local and state voice” led to his decision to remove Florida from the plan.

“If that’s the reason to exempt Florida then it’s the reason to exempt North Carolina,” said Cooper, who was backed during a news conference Monday at Wrightsville Beach by locals opposed to offshore drilling.

This rationale has been repeated up and down the Atlantic Coast and in Pacific states that would also see their coasts open to offshore drilling, should the Trump Administration’s plan continue to advance on its current trajectory. Cooper joined governors from six other Atlantic states last week on a letter asking Zinke to reconsider the drilling plan. The governor also spoke to Zinke on the phone, he said, and the secretary agreed to visit North Carolina at some point.

Read the full story at WRAL

 

NEW JERSEY: Fishermen’s Energy Ocean Wind Project Tries Again for Governor’s Approval

March 24, 2016 — Fishermen’s Energy, a consortium of South Jersey commercial fisheries that formed a wind power company in order to influence where such farms on the ocean can locate – away from important fishing and ocean scalloping grounds – has sought for six years to set up a demonstration wind farm 2.8 nautical miles off Atlantic City. Its plan for six wind turbines, producing 24 megawatts of electricity, has the backing of the New Jersey Legislature, environmental groups including the Sierra Club and the federal Department of Energy, and it obtained permits from state and local entities.

The only roadblock has been the New Jersey Board of Public Utilities. The BPU must issue a wind renewable energy certificate, a funding mechanism for the proposed project, before the small wind farm can move forward. The BPU has said in the past that the project would be too costly for ratepayers to support. Fishermen’s Energy has always denied that claim, stating the BPU had come to a faulty conclusion through faulty mathematics.

After a 2015 bill that would have given Fishermen’s Energy Wind Project an expedited pass through the BPU was pocket-vetoed by Gov. Chris Christie, the Legislature recently passed a revised bill that now awaits the governor’s signature.

The revised Senate bill, S-988, passed the Senate, 23-11, in February. The concurrent bill A-3093 was passed by the Assembly on March 14.

The Senate bill was sponsored by Sen. Jim Whelan, with the concurrent bill sponsored by Assemblyman Vince Mazzeo, both of Atlantic County. The revised bill eliminated language that directed the BPU to grant the required permit, and it deleted some language in the previous Assembly bill that would have eliminated a cost-benefit analysis. The cost-benefit analysis has been the bone of contention between the BPU and Fishermen’s Energy for the past two years.

Paul Gallagher, Fishermen’s Energy’s chief operating officer and general counsel, said he has no fears of such an analysis by the BPU now that certain qualifications have changed.

A company from China was originally going to supply the turbines, but now Fishermen’s Energy has decided to purchase turbines from Siemens, the world’s leader in wind turbine technology, with ocean turbines built in Germany and Denmark. On Tuesday, Gallagher said, “In December, Congress passed a five-year extension of the tax benefit project that makes it easier to attract investors. So we have a newly configured project, using Siemens turbines made in Germany and Denmark, traditional Western financing, plus tax incentives to make it even a more cost-effective project then what was rejected before” by the BPU.

“The bill is a relatively benign bill. It tells the BPU to let us come in and submit again. It’s on the governor’s desk, and we hope he signs it.”

Read the full story at The Sand Paper