Environmental Impact – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Hudson River Park Development in NYC Raises Questions https://legacy.lawstreetmedia.com/blogs/energy-environment-blog/hudson-river-park-development-nyc-raises-questions/ https://legacy.lawstreetmedia.com/blogs/energy-environment-blog/hudson-river-park-development-nyc-raises-questions/#comments Mon, 23 Mar 2015 14:00:48 +0000 http://lawstreetmedia.wpengine.com/?p=36082

A privately funded park affecting the Hudson River in NYC is raising environmental concerns.

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Image courtesy of [Mike Peel via Wikipedia]

Lower Manhattan is a landfill. Composed largely from earth excavated during the subway construction process, it is an unnatural geographic feature and prone to flooding, as Superstorm Sandy demonstrated. In the ominous projections regarding melting ice caps and rising sea levels, it is one of the first places predicted to be inundated. In the 21st century, new plans to expand New York City continue to raise concerns and are questioned by environmental groups, as exemplified by the proposal for the offshore Hudson River Park, dubbed Pier 55.

Former head of Paramount Pictures and Fox, billionaire Barry Diller, is the primary promotor of this project and has pledged over $130 million to its construction. The 2.4 acre park would include concert venues, restaurants, walking and bicycling paths, and lawns. It would sit on a series of pillars standing between 15 and 70 feet above the surface of the water.

Many people are concerned, however, with the opaque manner in which the project is being pursued. Many details have yet to be disclosed to the public and to organizations that have raised concerns, raising questions as to the motivations for the park and the nature of its accessibility. That is to say, private control of public space is a contradictory concept and inhibits the true nature of an area that is apparently intended to be for the enjoyment of the people.

Furthermore, environmental groups are highly concerned as to the ramifications of the park, which would be built in a part of the Hudson River that is a marine sanctuary and spawning ground for striped bass. The Hudson River conservation organization Riverkeeper is worried that driving down pylons could disturb sediment and that the shade cast by the park would affect the behavior of fish and ecosystem dynamics. Yet the trust claims that the height of the park, facilitated by the use of the pillars, would allow for sunlight to reach the water. Furthermore, this park would not entirely be a brand new piece of construction dropped down in the middle of the water. Rather it is to be placed in large on the site of the previous Pier 54, which was once a dock for ocean liners including the Lusitania but has since fallen into disrepair and is collapsing into the river.

The Cunard Line's arch at Pier 54. Courtesy jim.henderson via Wikipedia

The Cunard Line’s arch at Pier 54. Courtesy of jim.henderson via Wikipedia.

Pier 55 requires approval from the Army Corps of Engineers and the New York Department of Environmental Conservation before construction can begin as scheduled in 2016. Yet these reassurances fall somewhat flat considering the knowledge that the trust submitted an environmental assessment form as opposed to a full environmental impact statement. While it points out that its report contained over 200 pages, it nonetheless had fewer requirements to answer. This ties into the opacity of the project, raising suspicions.

Diller was the primary benefactor of the High Line as well, another project that converted decaying urban space into productive real estate for the enjoyment of the public. Plans to build a Low Line park underground at the previous site of a trolly terminal on the Lower East Side have so far been met with much excitement. On the surface, Pier 55 seems like an altruistic and productive idea. But the fact that it is indeed on the surface raises a new set of concerns. Building in the water is far more complicated that revamping an old site on the land. The dialogue needs to be more productive before this project gets started; hopefully in the months to come questions will be answered and all parties involved will be reassured that this plan will work. The pier seems like a good idea and looks like it will be a fun place to visit once it is completed; as long as it does not inflict environmental damage, hopefully it will come to fruition.

You can check out more information and see a photo gallery of the proposed Pier 55 plans by clicking here.

Franklin R. Halprin
Franklin R. Halprin holds an MA in History & Environmental Politics from Rutgers University where he studied human-environmental relationships and settlement patterns in the nineteenth century Southwest. His research focuses on the influences of social and cultural factors on the development of environmental policy. Contact Frank at staff@LawStreetMedia.com.

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Airgun Testing For Oil Reserves is a Controversial Environmental Issue https://legacy.lawstreetmedia.com/issues/energy-and-environment/airgun-testing-used-search-oil-atlantic-ocean/ https://legacy.lawstreetmedia.com/issues/energy-and-environment/airgun-testing-used-search-oil-atlantic-ocean/#respond Thu, 04 Sep 2014 10:32:21 +0000 http://lawstreetmedia.wpengine.com/?p=14126

The global community is quickly working its way through the natural resources available to us.

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Image Courtesy of [Christopher Michel via Flickr]

The global community is quickly working its way through the natural resources available to us. As we seek new ways to access oil and gas, one of the newest possible frontiers is the American Atlantic Coast. The U.S. has toyed with using a supposedly minimally invasive tactic to test for oil and gas deep in the Atlantic Ocean called airgun testing. Read on to find out what airgun testing is, what affect it has on the environment, and what its prospects are moving forward.


What is Airgun Testing?

Airgun testing is essentially a way to test for oil and gas reserves. The seismic airguns attach onto ships, and then blast loud, strong bursts of air onto the ocean floor. How the air responds can tell the airgun operator whether or not there may be oil or gas reserves below the surface. Watch the video below for a simple, technical explanation of how airgun testing works.


The History of Airgun Testing in the United States

On February 27, an Environmental Impact Statement was released by the Interior Department that allows the Bureau of Ocean Energy Management to begin issuing permits for seismic testing off the Atlantic Coast for oil and gas exploration. Although the ocean floor was tested for oil reserves in the 1970s and 80s, many experts feel those reports used outdated technology and gave an inaccurate representation of the oil and gas deposits in the Atlantic.

Some experts say that oil reserves could be found off the Atlantic coast that would be similar to those known to be in the Gulf of Mexico and could dramatically boost the American economy. Environmental groups, however, strongly oppose oil exploration using this method, as it is known to kill small fish and eggs in close vicinity to the air blasts. The long-term effects on the behavior of larger aquatic animals such as dolphins and whales is unknown. The proposed area for seismic exploration spans several miles off the coast and stretches from Delaware to Florida, and though the area in question is banned from any oil exploration activity until 2017, the next president could overturn that rule.


What are the arguments in favor of airgun testing?

Advocates of oil exploration off the Atlantic Coast using airgun seismic testing argue that the permits issued by the Bureau of Ocean Energy Management (BOEM) place restrictions that will make airgun testing safe for marine wildlife. The Environmental Impact Statement recommends three restrictions to ensure that these tests are conducted in a safe, environmentally conscious manner:

  1. Prohibit survey activity on the migratory routes of the endangered Right Whale. A path roughly 20 miles wide would be created in the middle of the proposed area in which exploration could not be conducted from November through April — the whale migration season — creating a safe corridor for the whales.
  2. Prohibit more than one survey from being conducted at any given time.
  3. Prior to any survey activity, exploration vehicles would be required to use passive acoustic monitoring systems to identify wildlife in the exploration area; if any wildlife are found that would be affected by the airgun, the survey area for that day would be shifted to a different location.

Advocates feel that these provisions, written into any permits issued by the BOEM, would safeguard against potential negative effects of airgun testing.

Advocates also point to the economic benefits of updated oil exploration off the Atlantic Coast. Some experts claim that the Atlantic coast could hold the equivalent of seven years of oil generated in the Gulf of Mexico, enough to boost the American economy and strengthen the United States’ energy security. The American Petroleum Institute has estimated that the oil to be found there could generate nearly 280,000 jobs, $195 billion in private revenue, and $51 billion in government revenue.These estimates, of course, are dependent upon the discovery of more oil than the current 3.3 billion barrels estimated to be there. Additionally, supporters argue that airgun testing can also be used for tasks such as discovering sand deposits for beach recovery and as scouting for possible locations of off-shore wind turbines.


What are the Arguments Against Airgun Testing?

Opponents argue that the Bureau of Ocean Energy Management has been too hasty in its approval for permits without proper studies of the long-term effects of airgun testing on marine wildlife. It is known that the high pressure airgun blasts can injure or kill small fish and their eggs, but little is known about the long-term effects on marine animals such as behavioral disruption, migration, and mating patterns. The area up for seismic testing puts 34 species of whales and dolphins and several species of turtles at risk. Because sound travels faster in water, aquatic wildlife miles away from the seismic testing could be affected, although the effects of airgun testing are still being studied. Environmental group Oceana argues that the November through April ban on seismic testing will not save the whales and that the BOEM did little to use current acoustic data on whale activity or search for alternatives methods to airgun testing.

Airgun testing in the Atlantic has also sparked backlash because it could potentially harm tourism and fishing industries in coastal areas, in addition to the negative effects of offshore oil production that are sure to result from oil exploration. Opponents point to the results of airgun testing off the coast of Southwestern Africa, which severely disrupted tuna migration patterns, and thus damaged the tuna industry that normally thrives in that area.

Some experts argue that while 280,000 jobs in oil exploration and production could be created, some 730,000 jobs in the fishing and tourism industries would be lost if oil exploration were to disrupt aquatic wildlife. Additionally, opponents argue that oil exploration will inevitably progress to oil production, which could have disastrous effects upon the Atlantic coast. The effects are still felt today of the 2006 Deepwater Horizon oil spill in the Gulf of Mexico and the Exxon-Valdez oil spill near Alaska in 1989. The same type of oil spill could potentially occur off the Atlantic coast if drilling were permitted there, which runs the risk of affecting a greater population than either of the previous spills. Oil drilling itself could pose a myriad of negative effects upon marine wildlife, and airgun testing could be blamed for paving the way to large-scale offshore oil drilling near the Atlantic coast.


 Resources

Primary

Bureau of Ocean Energy Management: Atlantic Geological and Geophysical Activities Programmatic Environmental Impact Statement

Additional

Bloomberg: Review Clears Path For Seismic Tests of U.S. Atlantic Oil

International Business Times: Obama Administration Releases Environmental Study to Set Rules For Oil and Gas Exploration in Atlantic Ocean

Examiner: Use of Air Guns Being Considered For U.S. Oil and Gas Exploration

Greenville Online: Rules Set For Oil Testing in Atlantic Ocean

Star News Online: McCrory Adds Voice to Coastal Governors Who Want Offshore Drilling

Climate Progress: ‘Airgun’ Drilling in the Atlantic Wouldn’t Find Much Oil, But Could Harm Wildlife

National Geographic: Atlantic Seismic Tests For Oil: Marine Animals At Risk?

EcoWatch: U.S. to Allow Seismic Airgun Testing For Offshore Drilling Exploration, Will Threaten Marine Life

Oceana: Seismic Airguns: An Ocean Threat

The New York Times: U.S. Moves Toward Atlantic Oil Exploration, Stirring Debate Over Sea Life

McClatchy DC: Interior Department Favors Controversial Seismic Tests For Atlantic Ocean Oil

Tech Times: Atlantic Oil Drilling Using Seismic Airgun May Wipe Out Endangered Right Whales

Washington Post: U.S. Rules Would Allow ‘Seismic Air Guns’ in Search For Offshore Oil, Gas

TIME: To Drill or Not to Drill: The Debate Over Offshore Testing and Drilling in the Atlantic

Joseph Palmisano
Joseph Palmisano is a graduate of The College of New Jersey with a degree in History and Education. He has a background in historical preservation, public education, freelance writing, and business. While currently employed as an insurance underwriter, he maintains an interest in environmental and educational reform. Contact Joseph at staff@LawStreetMedia.com.

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Riverkeeper: Patrolling the Hudson to Keep NYC’s Water Clean https://legacy.lawstreetmedia.com/blogs/patrol-hudson-riverkeepers/ https://legacy.lawstreetmedia.com/blogs/patrol-hudson-riverkeepers/#comments Mon, 07 Jul 2014 10:30:19 +0000 http://lawstreetmedia.wpengine.com/?p=19624

Riverkeeper, New York's clean water advocate, has patrolled the shores of the Hudson for decades. The organization helps to combat water pollution and keep the city's drinking water safe for the community. Read an account of Franklin R. Halprin's day as a Riverkeeper of the Hudson.

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Environmental policy is a hollow shell if it lacks the crucial component that is the interest and engagement of the people. An Ossining, New York-based conservation organization called Riverkeeper seeks to merge these arenas by sparking communal engagement and care for their surrounding ecosystems, in particular the Hudson River, so as to more effectively pursue regulations and values that are conducive to a healthy environment and lifestyle. As Robert F. Kennedy Jr. stated in Riverkeeper’s eponymously titled biography, “…environment is not something distant and inaccessible to most Americans. It is not an issue that can be separated out and dealt with on its own. The environment is our neighborhood, our community. It is our quality of life.”

In the 1960s, a group of fishermen banded together to patrol the Hudson in search of environmental law violators. As the strength and breadth of the coalition that would become Riverkeeper grew, they became increasingly effective at pinpointing and prosecuting individuals and corporations who polluted the waters of the Hudson. After a half century, Riverkeeper is now a respected organization with various departments and manifestations throughout the country. Its founding principle of a “neighborhood watch,” which sparked its initial coalescence, remains a treasured and vital practice.

I recently joined my fellow Riverkeeper interns aboard the patrol boat, Fletcher, for an abridged estuary survey. Now in his fourteenth year at the post, Captain John Lipscomb detailed that a full patrol requires thirteen days, from New York City up to the mouth of the Mohawk River, the largest tributary of the Hudson. The key to a successful patrol, he explained, is to “…look, but also be seen looking.” Having people on the shores see the vessel and “Riverkeeper” emblazoned on the side of the hull is a deterrent; this is a powerful and often more preferable means of keeping the Hudson clean than catching violators red handed. Furthermore, it is advertising as well as policing. The boat’s presence and visibility raises environmental awareness; it gets the concepts into people’s heads and hopefully influences their behavior.

The Fletcher on patrol

The Fletcher on patrol

Riverkeeper’s patrol has many other functions that tie into this philosophy of engaging the community. The organization seeks to empower the community with data, primarily with water quality sampling and subsequent output of its findings in reports. The EPA’s recommendations for testing in recreational waterways occasionally meets opposition on the basis that it is unnecessary because nobody swims at particular points on the river; however, designated beaches are not the only points at which people partake in river activities. During our patrol, as it was a hot and sunny day, we encountered a group of kids jumping from a low rocky precipice into the water and swimming about. The captain drew the boat near, and acquired their permission to snap a few photos. He intends to present this evidence of countless examples that clearly the people are partaking in recreational activity all along the water. This raises several points. First is that water sampling is undoubtedly warranted. Second, it speaks to the role of community members in environmental policy formulation, as well as the fact that such responsible policies are in the best interest not just of nature but the people as well.

Scenic Surprises on the Hudson

Scenic Surprises on the Hudson

Riverkeeper has been passionately engaging the problems raised by the Tappan Zee Bridge construction project. In addition to outrage over the discovery that Albany was using clean water funds to finance the endeavor, the actual work is being done in a somewhat careless and haphazard fashion with regard to the delicate ecosystem by which it is surrounded. Captain Lipscomb has been documenting the number of dead fish discoveries, particularly the species as some teeter on the endangered list, in an effort to raise public awareness and induce a more responsible approach to the project with regard to the Hudson River’s biodiversity.

It goes without saying that an additional responsibility of the Hudson patrol involves active, first-hand clean up. Unfortunately, I was not surprised to see a substantial amount of trash choking the waterway. In fact, at one point we slowed the boat so as to draw out a fully intact television bobbing at the surface. Hopefully in time, through the work of Riverkeeper and other like-minded organizations and citizens, the amount of garbage that finds its way into the water will diminish to a negligible amount.

Captain Lipscomb wants to extend the range of the patrol into the Mohawk. If this is to be accomplished, Riverkeeper will need to cultivate relationships with other organizations in that area so as to effectively take on a mission of such large scope. This is already a philosophy of the organization. “We promote positive sustainable relationships; it is not in our best interest to sue everybody” clarified Dana Gulley, manager of the Community Outreach & Volunteer Programs at Riverkeeper. Rather, she added, it is important to communicate. Riverkeeper seeks to open dialogue and educate; if they encounter a violator, they approach them and ask if they knew they were polluting.

Beneath the Bear Mountain Bridge

Beneath the Bear Mountain Bridge

These activities are not just for aesthetic conservation. More than nine million people in New York City and the surrounding area drink from the Hudson watershed. Human health and human culture are at stake in environment-society relationships. As Robert Kennedy Jr. and the first Hudson Riverkeeper John Cronin put it: “As Riverkeepers we protect nature, not so much for nature’s sake, but for the sake of humanity. Nature enriches us economically, but we have other appetites besides money. These hungers — spiritual, cultural, and aesthetic — must be fed if we want to grow as we are meant to — if we are to fulfill ourselves.”

Franklin R. Halprin (@FHalprin) holds an MA in History & Environmental Politics from Rutgers University where he studied human-environmental relationships and settlement patterns in the nineteenth century Southwest. His research focuses on the influences of social and cultural factors on the development of environmental policy. Contact Franklin at staff@LawStreetMedia.com.

All images courtesy of [Franklin R. Halprin]

Franklin R. Halprin
Franklin R. Halprin holds an MA in History & Environmental Politics from Rutgers University where he studied human-environmental relationships and settlement patterns in the nineteenth century Southwest. His research focuses on the influences of social and cultural factors on the development of environmental policy. Contact Frank at staff@LawStreetMedia.com.

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