Hudson River – 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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It’s Time to Shut Down New York’s Indian Point Nuclear Plant https://legacy.lawstreetmedia.com/blogs/time-to-shut-down-new-yorks-indian-point-nuclear-plant/ https://legacy.lawstreetmedia.com/blogs/time-to-shut-down-new-yorks-indian-point-nuclear-plant/#comments Tue, 22 Jul 2014 10:30:14 +0000 http://lawstreetmedia.wpengine.com/?p=20606

Nuclear reactors are notorious for their cooling systems; the Three Mile Island, Chernobyl, and Fukushima meltdowns all occurred because of cooling system failures. Located in Buchanan in Westchester County, Indian Point sits at the edge of the Hudson River, which supplies the drinking water for over nine million people. The plant draws in two billion gallons of river water every day in order to cool its reactors, discharging it back into the river eight degrees warmer, with catastrophic consequences for the aquatic life there. Read on for a full review of the consequences of the Indian Point power plant.

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Let’s work backwards: there is a nuclear power plant in upstate New York called Indian Point, and it needs to be shut down.

Nuclear reactors are notorious for their cooling systems; the Three Mile Island, Chernobyl, and Fukushima meltdowns all occurred because of cooling system failures. Located in Buchanan in Westchester County, the Indian Point nuclear plant sits at the edge of the Hudson River. It draws in two billion gallons of river water every day in order to cool its reactors, discharging it back into the river eight degrees warmer. This has catastrophic consequences for the fish, eggs, larvae, and other aquatic life there. In fact, more than a billion of them die every year, said Paul Gallay, president of Riverkeeper, an organization devoted to protecting the Hudson River and its tributaries (read more about this important organization here).

In a process called entrainment, fish and river life are sucked into the cooling intakes and annihilated. For decades conservationists have advocated for a closed cooling system, which has not come to fruition because it would require a financial investment that Entergy, the plant operator, is not willing to make. Rather, the company has proposed installing screens at the mouths of the intakes. Researchers have revealed that this is a far cry from a solution, not doing enough to protect the river’s biodiversity. In addition, it does not address the warm water discharge.

The Indian Point Reactor

The Indian Point Reactor, courtesy of Franklin R. Halprin

The quality of the reactor itself and its operation therein are sorely lacking as well. Security guards consistently fail mock attack tests, there is no viable evacuation plan for the surrounding region, and the reactor is deteriorating with age. The Indian Point closure debate is particularly hot right now because the site’s 40-year license is about to expire and the Nuclear Regulatory Commission is considering granting them a 20-year renewal. The reactor provides a substantial percentage of the power used by New York City and the surrounding area; instead of shutting it down, why not repair and renovate?

In addition to closed cycling cooling, there are things that can be done in order to make Indian Point a bit safer, including fire safety measures and dry cask storage. These actions are insufficient; they do not change the underlying threats due to the reactor’s age, such as embrittlement, corrosion, and metal fatigue. Considering these problems are irreparable, why not tear it down and build a new reactor? Forty years ago, population geographies were different. Indian Point’s location is undesirable, due to its proximity to communities. Furthermore, several fault lines run through the area.

Un-enforced "Keep Out" buoys

Unenforced “Keep Out” buoys, courtesy of Franklin R. Halprin

Nuclear energy is an efficient and clean means of powering our world. A controversial and provocative documentary called Pandora’s Promise (2013) makes a case for its desirability. Watch the trailer here:

One pound of uranium, the size of a person’s finger, yields as much energy as 5,000 barrels of oil. Nuclear energy does not pollute the air the way fossil fuels do. The amount of nuclear waste is overestimated: all the United States’ spent fuel rods would occupy a space no larger than a football field. Proposed “fourth generation reactors” are even more efficient and can recycle waste into another round of energy productivity. Renewables may be best for the long term sustainability of civilization, but right now, considering we continue to expand our energy demands, we need something realistic and nuclear is the way to go. These are some of the arguments the documentary presents, many of which are reasonable and worthy of consideration.

According to Gallay, Riverkeeper does not have a stance on nuclear power in general, but renewable energy and energy efficiency are two separate but interrelated things. We cannot argue that our needs for energy are increasing so drastically, while we waste 30 percent of the power we use. We can make many lifestyle changes so as to limit the growth of our demands. The idea of fourth generation nuclear plants is a fruitless quest for a Holy Grail. Rather, we should utilize the options we already have in hand. Declarations that carbon emissions in New York State would skyrocket if Indian Point were to close can be neutralized by a more wholehearted embrace of renewable energy systems. The economic infrastructure for them is more firmly established than ever, and market penetration is at an all time high. Furthermore, the sources of 650 of 2,000 potential megawatts are already in place and good to go.

These statistics are specifically in reference to New York State, but the conceptual framework is just as applicable to the United States at large and its national energy policy. Nuclear power has many advantages over fossil fuels, but it is not the ultimate answer. There are some notable outliers, such as France. Gabrielle Hecht’s The Radiance of France brilliantly chronicles the country’s national embrace of nuclear energy in the second half of the 20th century and the cultural values therein, as a means of assuaging the damage done by two world wars and as an attempt to reclaim its status as a member of the top of the geopolitical order. When the 21st century arrived, France had achieved energy independence and was even exporting its surplus to other countries. The general health of the environment and air there is notable; however, at the start of its program in the late 1940s, wind and solar power were barely in the conversation, and the state of technology did not allow for the viability of options such as geothermal energy. Just because France found success with its nuclear embrace half a century ago does not mean that the United States should pursue the same course now. We are fortunate enough to have at our fingertips a wider array of more preferable options.

It is time to make some substantial decisions regarding national energy policy and the directions in which we want to go. The Indian Point debate is a good starting point, and shutting it down would provide a great opportunity to set ourselves on a more renewable, and environmentally and socially responsible course.

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.

Featured image courtesy of [Nick Fedele via Flickr]

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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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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