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Landmark lawsuit settlement between environmentalists and state water boards strengthens Delta protections

California Sportfishing Protection Alliance, MAVEN’S NOTEBOOK

Three California environmental nonprofits secured a landmark settlement agreement with the California State Water Resources Control Board to uphold the common law Public Trust Doctrine and other legal protections for imperiled fish species in the Sacramento River and San Francisco Bay/Sacramento – San Joaquin Delta Estuary.

The lawsuit, filed in 2015 by the California Sportfishing Protection Alliance (“CSPA”), the California Water Impact Network (“CWIN”), and AquAlliance, brought sweeping claims against the State Water Board. It alleged that the agency’s management of the Sacramento River and San Francisco Bay-Delta displayed an overarching pattern and practice of:

failure to comply with the Public Trust Doctrine;
failure to implement Sacramento River temperature management requirements;
failure to ensure that fish below dams be maintained in “good condition”; and
acceptance of water quality below minimum Clean Water Act standards.

“The Water Board’s long-standing pattern and practice of inadequately implementing foundational environmental laws has brought the Central Valley aquatic ecosystem to the brink of collapse. This settlement agreement is a major step forward, compelling the State Water Board to fulfill crucial legal requirements it had previously ignored,” said Bill Jennings, CSPA Executive Director.

Read/download the full press release here

Source: https://mavensnotebook.com/2020/07/21/lawsuit-settlement-landmark-lawsuit-settlement-between-environmentalists-and-state-water-boards-strengthens-delta-protections/

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Op-Ed: PacifiCorp should move forward with historic Klamath dams agreement

Russell ‘Buster’ Attebery and Joseph L. James, OREGONLIVE

Attebery is chairman of the Karuk Tribe. James is chairman of the Yurok Tribe.

For nearly 20 years, Klamath River tribes and our allies have fought tirelessly to see the removal of four aging Klamath River dams. We have engaged in protests, attended countless meetings, commissioned technical reports, filed lawsuits and negotiated directly with dam owner PacifiCorp and dozens of other stakeholders. For us, dam removal is absolutely necessary to restore our struggling fisheries, maintain cultural practices, and provide tribal members who struggle to make ends meet access to traditional subsistence foods.

At the same time, dam removal and fisheries restoration would help our neighbors who depend on agriculture as well, resulting in fewer regulatory burdens and greater water security for them. That win-win for struggling rural communities in the Klamath Basin helped bring us together to negotiate with the dam owner, PacifiCorp. It wasn’t easy, but by building trust and respect one discussion at a time, we ­– along Oregon, California and PacifiCorp, owned by billionaire investor Warren Buffett’s Berkshire Hathaway – signed the Klamath Hydroelectric Settlement Agreement in 2016.

It seemed a historic success. In exchange for supporting dam removal, PacifiCorp was assured that its financial contribution for such an effort would be capped at $200 million. In addition, the agreement called for protecting the utility from liability by transferring the license of the dams to an independent nonprofit entity before the dam removal process starts.

Unfortunately, PacifiCorp is now rethinking its commitment to that agreement, after a July ruling by the Federal Energy Regulatory Commission. The commission, which must approve the license transfer, decided that PacifiCorp could partially transfer the dams to the Klamath River Renewal Corp., the nonprofit created to manage the dam removal and related environmental restoration activities. But the commission ruled that PacifiCorp must remain a co-licensee.
Continue reading “Op-Ed: PacifiCorp should move forward with historic Klamath dams agreement”

Posted on Categories Agriculture/Food System, Forests, Habitats, Land Use, Water, WildlifeTags , , , , , ,

Sorax, the Ghost of Salmon Past, speaks at the Board of Supervisors in 2012 on the passing of the VESCO ordinance

I am a ghost of Coho Salmons past, once born and raised in Dutch Bill Creek below Occidental. My last reported sighting there was in the 1960’s. I speak for all salmon and wildlife species not able to attend your meetings.


Do you realize that as public servants and supposed stewards of the Russian River that it is the only river in California to have three listed Salmonid species: Coho, Chinook and Steelhead? That is three distinct species of unique, ancient animals. Shall I remind you that humans, all 6 billion of you, compromise only one distinct species, which at this point ought to be renamed “Homo consumous.”

We as salmon, as recently in our evolution as 150 years ago, used to live in peace with the humans of this land, and we co-evolved with the harbor seals and sea lions and our natal forested creeks. The abundance of our families was so great that your early pioneering families remarked “that we were so numerous” they could “walk on our backs.” This all changed with your arrival. In the last 100 years, or during the time of those 3rd, 4th & 5th generation families who so proudly and loudly exclaim in your newspapers to be stewards of the land, it was they who cleared this land of over 95% of its old growth forests, 95% of its riparian forests, drained 95% of its wetlands.

I ask you where are my friends the Grizzly, the Elk, the Antelope, the Marbled Murrelet? My Coho ancestors used to number 500,000 in California rivers and now our runs number less than 5,000, to as low as 1,000 individuals! We are nearing the brink of functional extinction simultaneously with such gloating of stewardship.

It is critical for all of you to recognize that, compared to the past, this land is actually in a highly degraded state. You all need to own up to the fact that your ancestors are indisputably responsible for the overwhelming genocide of the Pomo and Miwok peoples, the silvacide of the great forests, the soilacide (as your activities have eroded and compacted the once rich fertility) and the salmonicide (as I stand before you at the tail end of our existence). If you have the vision and courage, this can change, you can turn this around if you act in earnest now.

This erosion ordinance you pass today with its especially inadequate riparian setbacks is a feeble first step and leaves me with fear for my children, but a critical move in the right direction if you decide to take more steps and begin walking towards a future vision of ecological watershed integrity.

Remember, I am a fish of the forest. Without trees, my breeding streams fill with sediment, dry up due to lack of groundwater recharge and what water remains becomes lethally hot for my young. Every aspect of your development paradigm must be questioned and reevaluated with restorative criteria. You must question your roads, parking lots, housing, industrial, agricultural, logging and mining practices. We the salmon are dying from the cumulative impacts of your collective inabilities to think like a watershed. If we go extinct and fade from memory, so will you!

In closing, since my spawning gravels are so embedded with silt from the denuded, compacted hillsides, I want to offer each of you, as servants of the public trust, an egg of mine that hopefully will help your thoughts to incubate on taking the recovery of Totem Salmon seriously and birthing a new vision of a shared watershed commons for the sake of all our relations.

Thank you,

The Sorax, aka Brock Dolman, Director of the Water Institute at the Occidental Arts & Ecology Center.

Source: https://oaec.org/our-work/projects-and-partnerships/water-institute/

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Salmonid counts below replacement level in Eel River, CDFW announces

Lana Cohen, THE MENDOCINO VOICE

Many elements have contributed to the decline of these fish species, including warmer and lower water, sediment flowing into the river, invasive species, and dams as factors that have had the most devastating impact.

In order for the Chinook and steelhead, whose populations are plummeting up and down the West Coast, to rebound in the Eel River, there should be at least 26,400 fish returning from the ocean to the Eel to spawn annually, according to the State of Salmon, a salmon information sharing venue run by The Nature Conservancy.

Although the Eels fish population was larger this year than last, Fish and Wildlife’s June 1 report shows that the population fell far below the margin for species recovery. Only 8,263 made the journey, they wrote.

Due to the dwindling population of fish, Fish and Wildlife has set a two fish limit per day for recreational salmon fishing. More details can be found at the Fish and Wildlife’s Ocean Salmon Sport Regulations page.

Read more at https://mendovoice.com/2020/06/salmonid-counts-below-replacement-level-in-eel-river-cdfw-announces/

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Scott Dam slated for removal in plan by Sonoma County and partners to control hydropower project

Guy Kovner, THE PRESS DEMOCRAT

Enviro Updates: From the Eel River Action Plan 2016, by California Trout: “The Eel River is the third largest river entirely in California.The Eel River ecosystem, its salmon and steelhead populations, and other native fish and wildlife populations have been in decline for the past century and a half. It has been transformed from one of the most productive river ecosystems along the Pacific Coast to a degraded river with heavily impaired salmonid populations.”

A nearly century-old dam on the Eel River that impounds Lake Pillsbury is slated for removal under a $500 million proposal helmed by Sonoma County and four other regional partners seeking to take over from PG&E a remote but pivotal hydropower project in Mendocino County.

The coalition, including Mendocino and Humboldt counties, hailed the proposal as a milestone in their effort to meet the needs of all three counties, protecting water supplies for farmers, fish and communities, including a key source of supplemental water for the Russian River system that serves 600,000  customers in Sonoma and Marin counties.

The dam removal alone, a long-sought goal of environmental groups and fish advocates, would be the highest-profile project to improve habitat for imperiled North Coast salmon and steelhead in decades, perhaps behind only the dam removals planned on the Klamath River within the next two years.

“The good news is that Scott Dam is coming out,” said Scott Greacen, conservation director for Friends of the Eel River, a nonprofit that for decades has been pursuing removal to open up more than 300 miles of spawning habitat in the upper Eel. Due mainly to dams, water diversion and other development, the river’s salmon and steelhead “have paid a devastating price, going from a million fish a year to the brink of extinction,” he said.

The proposal, submitted Wednesday to federal officials, has also stirred passions among those dismayed by the prospective loss of a 2,300-acre recreational lake deep in the Lake County portion of Mendocino National Forest. Santa Rosa residents George and Carol Cinquini, who have held a cabin at Lake Pillsbury since the 1940s, are annoyed that the 450 homeowners, ranchers and small business owners in the lake community were excluded from the planning process.

“We tried to get our foot in the door,” said Carol Cinquini, vice president of the Lake Pillsbury Alliance, which was formed last year.

“We’re very upset,” said George Cinquini, an alliance board member. The reservoir, about two hours from Santa Rosa is a haven for water sports, and without it, Cinquini warned, Russian River flows will be diminished in dry years.

But North Coast Rep. Jared Huffman, D-San Rafael, who brought local shareholders together to chart the project’s future, said the proposal is the only way to guarantee a “really important water resource” for the Russian River.

The 98-year-old dam has long outlived its purpose, he said, and the coalition project, dubbed the Two-Basin Partnership, calls for habitat restoration “to rejuvenate one of our great salmon rivers in California.”

State Sen. Mike McGuire, D-Healdsburg, whose district stretches across both drainages, called for Lake County to be added to the partnership because Lake Pillsbury and most of the Eel River’s headwaters are in the county.

Read more at https://www.pressdemocrat.com/news/10960029-181/sonoma-county-backs-plan-to

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Lawsuit challenges California’s failure to address State Water Project’s threat to Bay Delta, salmon runs

Center for Biological Diversity, MAVEN’S NOTEBOOK

Four environmental groups sued the California Department of Water Resources today over its approval of the long-term operation of the State Water Project, the massive system of dams, pumps and aqueducts responsible for siphoning water from Northern California to Southern California. The project approval also failed to analyze the environmental harms of building a new diversion tunnel to send water south.

Today’s lawsuit, brought by the Sierra Club, Center for Biological Diversity, Restore the Delta, and Planning and Conservation League, challenges the agency’s implausible conclusion that the project, which starves the San Francisco Bay-Delta of freshwater flows and has devastated most of the Delta’s native fish populations, will have no environmental consequences.

“It’s time for the state to be honest about the damage being done to the Delta ecosystem and our native fish by the unsustainable water diversions of the State Water Project,” said Jeff Miller, a senior conservation advocate at the Center for Biological Diversity. “We need increased freshwater flows to restore the Delta. The Department of Water Resources can’t pretend that diverting even more water under this project would be benign.”

Just weeks before the department approved the long-term operation of the State Water Project, it announced that it was pursuing the “One-Tunnel Delta Conveyance Project,” the latest version of the enormous tunnel that could increase the siphoning of Delta water. Although the tunnel would be part of the State Water Project, the department failed to consider the tunnel and its effects from water diversion in its environmental review.

“It’s bad enough that the department thinks the State Water Project has no environmental consequences,” said Kathryn Phillips, director of Sierra Club California. “But it’s completely absurd for the agency to separate the long-term operation of the State Water Project from the tunnel project, which it’s actively promoting as part of that long-term operation.”

In 2019 Gov. Gavin Newsom announced that he was abandoning the California WaterFix project, which would have created two 35-mile long, 40-foot wide tunnels to carry water south without passing through the Delta and nourishing its ecosystems. The Department of Water Resources has subsequently pursued a single tunnel project, but the smaller project still threatens further damage to salmon and other fish runs and the health of the Delta.

“Salmon, Delta smelt, farmers and towns all depend on the continued flow of fresh water into the Delta,” said Barbara Barrigan-Parrilla with Restore the Delta. “The state’s long-term plan for running the State Water Project just hides its determination to close the spigot.”

Source: https://mavensnotebook.com/2020/04/29/this-just-in-lawsuit-challenges-californias-failure-to-address-state-water-projects-threat-to-bay-delta-salmon-runs/

Posted on Categories Agriculture/Food System, Climate Change & Energy, Forests, Habitats, Land Use, WildlifeTags , , , ,

COVID-19 stimulus measures must save lives, protect livelihoods, and safeguard nature to reduce the risk of future pandemics

Josef Settele, Sandra Díaz, Eduardo Brondizio and Dr. Peter Daszak, Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES)

There is a single species that is responsible for the COVID-19 pandemic – us. As with the climate and biodiversity crises, recent pandemics are a direct consequence of human activity – particularly our global financial and economic systems, based on a limited paradigm that prizes economic growth at any cost. We have a small window of opportunity, in overcoming the challenges of the current crisis, to avoid sowing the seeds of future ones.

Diseases like COVID-19 are caused by microorganisms that infect our bodies – with more than 70% of all emerging diseases affecting people having originated in wildlife and domesticated animals. Pandemics, however, are caused by activities that bring increasing numbers of people into direct contact and often conflict with the animals that carry these pathogens.

Rampant deforestation, uncontrolled expansion of agriculture, intensive farming, mining and infrastructure development, as well as the exploitation of wild species have created a ‘perfect storm’ for the spillover of diseases from wildlife to people. This often occurs in areas where communities live that are most vulnerable to infectious diseases.

Our actions have significantly impacted more than three quarters of the Earth’s land surface, destroyed more than 85% of wetlands and dedicated more than a third of all land and almost 75% of available freshwater to crops and livestock production.

Add to this the unregulated trade in wild animals and the explosive growth of global air travel and it becomes clear how a virus that once circulated harmlessly among a species of bats in Southeast Asia has now infected almost 3 million people, brought untold human suffering and halted economies and societies around the world. This is the human hand in pandemic emergence.

Yet this may be only the beginning. Although animal-to-human diseases already cause an estimated 700,000 deaths each year, the potential for future pandemics is vast. As many as 1.7 million unidentified viruses of the type known to infect people are believed to still exist in mammals and water birds. Any one of these could be the next ‘Disease X’ – potentially even more disruptive and lethal than COVID-19.

Read more at https://ipbes.net/covid19stimulus

Posted on Categories Air, Climate Change & Energy, Habitats, Sustainable Living, Water, WildlifeTags , , , ,

Earth Day at 50: Why the legacy of the 1970s environmental movement is in jeopardy

Denise Chow, NBC NEWS

Changing global and political landscapes have made the kind of broad and bipartisan agreements reached in the 1970s seem impossible.

The first Earth Day, held on April 22, 1970, marked a turning point for U.S. environmentalism, capturing the growing activism of the 1960s and putting the country on track to create the Environmental Protection Agency and many major pieces of legislation in the 1970s.

Fifty years later, those efforts are at risk of being rendered null.

For the 50th anniversary of the first Earth Day, veteran climate activists are offering words of warning about the changing global and political landscapes that have made the kind of broad and bipartisan agreements reached in the 1970s seem impossible.

“What’s disturbing to me about what’s happened over the last 50 years is this steady drift of the Republican Party toward opposing environmental action and dismantling 50 years of environmental progress,” said Michael Mann, a professor of atmospheric science at Pennsylvania State University.

And with countries around the world in the grips of the coronavirus pandemic, some experts fear that climate action could fall by the wayside as nations attempt to restart their economies. Rather than investing in infrastructure to support renewable energy and focusing efforts on reducing carbon dioxide emissions, for example, countries could revert back to the status quo in a bid to recoup coronavirus-related economic losses.

But the path ahead won’t be easy. Humanity is quickly running out of time to keep global warming below2 degrees Celsius (3.6 Fahrenheit) and slow the most damaging impacts of climate change. And even with aggressive action, the planet is still at risk of rising seas, drought, wildfires, extreme weather and other potentially damaging consequences of the warming that has already happened.

Still, David Muth remembers when taking environmental action wasn’t always a partisan fight.

As the director of Gulf restoration for the National Wildlife Federation, Muth knows that climate policies have always been hard-won, but beginning in the 1960s, as the severity of human-caused pollution was becoming more apparent, people started to demand change.

Read more at https://www.nbcnews.com/science/environment/earth-day-50-why-legacy-1970s-environmental-movement-jeopardy-n1189506

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Friends of Gualala River move to halt Dogwood logging plan

FRIENDS OF THE GUALALA RIVER

Friends of Gualala River (FoGR) recently took legal action to appeal the decision on the Dogwood timber harvest plan (THP) to the State Appellate Court. In addition, FoGR sought an injunction on logging until the appeal could be heard. The court granted the injunction last week which temporarily suspends logging of Dogwood. Gualala Redwood Timber’s (GRT) logging of Dogwood could have commenced as early as April 15. A hearing date for the appeal is presently unknown.

The Dogwood THP includes logging 342 acres of second-growth and mature redwood forest within the sensitive floodplain of the Gualala River. The THP area is located close to the Sonoma County Gualala Point Regional Park Campground, extending up river to Switchville, at the Green Bridge, and continuing along the South Fork which flows parallel to The Sea Ranch and directly across from, and beyond, the “Hot Spot.” Additional tracts of land containing large redwoods are included in the expansive THP including units beyond twin bridges and along creeks in the Gualala River Watershed.

The THP abuts a portion of the main stem of Gualala River which is designated as a Wild and Scenic river by the State of California for its natural beauty and recreational value. The river is also listed as “impaired” by the U.S. Environmental Protection Agency due to excessive sediment and temperature.

FoGR first filed suit to challenge the California Department of Forestry and Fire Protection’s (Cal Fire) approval of Dogwood in 2016. FoGR prevailed in its initial and subsequent suit against Cal Fire on the grounds that Cal Fire failed to comply with the California Environmental Quality Act.

Read more and find more information at http://gualalariver.org/news/friends-of-gualala-river-move-to-halt-dogwood-logging-plan/

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Costly new wildfire suppression won’t prevent catastrophic fires

Dan Silver, SONOMA COUNTY GAZETTE

A wildfire suppression plan adopted at the end of 2019 by the California Board of Forestry could cost taxpayers hundreds of millions of dollars but will do very little to actually reduce fire risk for communities in Sonoma County and throughout the state. Fire safety experts and environmental protection advocates filed suit on January 28 to block the new Vegetation Treatment Program (VTP) from going into effect.

Proposed by CalFire, the state’s fire management agency, the VTP will not provide protection against wind-driven fires. Yet it is wind-driven wildfires that caused the devastating loss of life and property seen in the state in recent years. The Kincade Fire of 2019, which was the largest fire in Sonoma County recorded history, burned almost 78,000 acres and destroyed almost 400 structures. Similarly, the Tubbs, Nuns and Pocket Fires of 2017 burned more than 85,000 acres in Sonoma and Napa Counties, destroyed 7,000 structures and killed 25 people.

Across the state, 87 percent of the destruction of homes in 2017 and 2018 was caused by only six fires, all of which were wind-driven. Yet the methods to be used by the VTP would not have prevented those six catastrophic fires.

The VTP calls for removal of native forests, sage scrub and chaparral on a grand scale – on the order of 250,000 acres each year – at enormous financial and ecological cost, including releasing more carbon into the atmosphere. This approach does not stand up to scientific scrutiny and in many locations would actually be counterproductive by promoting the growth of highly flammable weeds. In addition, the VTP does not properly differentiate between what might work for northern forests versus chaparral and sage scrub in Southern California; these habitat types require very different management approaches when it comes to wildfire safety.

Read more at https://www.sonomacountygazette.com/sonoma-county-news/californias-wildfire-suppression-effort-won-t-prevent-catastrophic-fires