My house rumbles and shakes as the cargo trains thunder down the rail that is less that 500 yards away. Although the necessity of turning up the volume on my TV is not much more than a nuisance, the fact that I sleep within the blast zone of a highly combustible material being transported in an inept and accident-prone manner is highly unnerving. Despite the speed of aircraft or the capacity of cargo ships, railroads remain the most efficient medium for transporting goods. That does not mean, though, that they are a flawless medium. In fact, when dealing with the transportation of crude oil, they and the system on which they operate are horrifically flawed.

Fracking in North Dakota yields a crude oil that is shipped in trains across the country and down the Hudson River. In the New York portion, the rail runs literally right along the river’s edge. The particular form of crude coming from these fields can turn into an explosive fire should the trains derail, giving this transportation system the name “bomb trains”. The American Petroleum Institute disputes this claim, though. The issue is compounded by the fact that it is being transported in outdated cars, called DOT-111s, which have thin hulls and are prone to puncture. In the last several years, oil train derailments have spilled millions of gallons and resulted in deaths, notably in Quebec last year.

Apparently the Transportation Department has been looking into the DOT-111 situation for several years now, but a surge in oil production in the North Dakota Bakken shale region has resulted in an immediate demand for large scale transport. There are not enough pipelines to accommodate this volume, so it is being sent along in trains, dubbed a “virtual pipeline.” Furthermore, the existing oil trains were not originally intended to move this type of oil at this level of intensity, thus the dangers. While safer designs are in the proposal stage, many of the existing cars are too old to be retrofitted with the new features and would have to be replaced all together. This is problematic, Jad Mouawad of The New York Times points out, because the transition period would mean that there are fewer cars on the rails and the oil demands would be difficult to meet.

Also sorely lacking is an emergency response plan. Should a disaster occur, sufficient measures are not currently in place either to mitigate the consequences of a spill or to effectively address the human welfare. Not only would lives be endangered, but a spill would gravely threaten the drinkability of the water for both locals and the eight million residents of New York City, as well as the wellbeing of the river’s biodiversity. In a flash, a spill could undo everything that the Hudson conservation organization Riverkeeper has spent the last half century trying to accomplish.

A bird struggles amidst an oil spill near Crimea, courtesy of Marine Photobank/Igor Golubenkov via Flickr

The lack of safety precautions is not the fault of emergency workers, but the Transportation Authority and oil industries themselves. The latter needs to be more open as to when trains are running through what areas, and what is the nature of their cargo. Last month, Orange County, New York joined neighbors Rockland and Ulster in calling for a full environmental review of the potential impacts of the increased oil shipments, a ban on DOT-111s, and an exploration of alternative means of transporting the oil. Embodying the philosophies of Riverkeeper, these actions criticize the secretive nature of the oil industry and demand the release of data to the public. By empowering the people with information, appropriate measures can be taken.

One town in North Jersey took things a step further, staging a protest and calling for a moratorium on the oil trains until safety standards are met. As previously mentioned, the trains run through my own hometown and neighboring ones in Bergen County, New Jersey pass through a very built up and densely populated region; a disaster in this area would be catastrophic and unquestionably deadly.

One must be cautious when performing a review of potential environmental impacts, as the method can be manipulated so as to be favorable to one party over another. The mayor of Albany recently accused the Department of Environmental Conservation of segmentation, an illegal action under the Environmental Quality Review Act. This process enables the review of a project in individual groups, not as an overall whole. In so doing, environmental impacts can be overlooked or miscast. This has allowed oil companies to enlarge or change their transportation permits time and again without raising any red flags. Ecosystems are large and complex; an issue in one arena will affect, often in an unforeseen manner, aspects of another. Further, humans are tightly intertwined with their surrounding environments. The issue must be looked at in its entirety in order to properly assess the dynamics of the dangers and their potential consequences.

The interrelatedness of people, policy, and environment with regard to this issue extends widely. The overemphasis on oil shipments is creating a backlog in other industries. Millions of dollars are lost and countless jobs are endangered as North Dakota farmers, the longtime mainstay of the economy there, are unable to ship their grain products across the country. A cascade effect follows; food companies are pressured to put out their products in light of delayed shipments, occasionally resulting in lower supply and higher prices. Exportation economics suffer as well, as these rails send grains to the Pacific Northwest to be shipped to Asia, and down the very same routes in New York State to be sent to Europe. In the long run, grain will be a more reliable product than oil. Companies are too short sighted and capitalize on the spike, with wide ranging and ever worsening consequences.

While the increased production, transportation, and use of oil is frustrating enough for those who would rather see progress in the field of renewable energy, the fact that it is compounded by a massive threat to local ecosystems and human welfare is outrageous and unacceptable. This issue is more than a concern over energy policy; it is making the use of fossil fuels an environmental and human threat in manners that go beyond emissions and pollution. The dangers must be effectively addressed, and soon.

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.

The post The New Black Death: Oil Trains and Insufficient Safety Regulations appeared first on Law Street.

We tend to envision our oceans as blue and our lands as green; the residents of Toledo, Ohio, however, had a bit difference experience recently when they were faced with green water.

When municipal officials declared they found toxins in the city’s drinking water supply, residents refrained from using it entirely. Naturally they did not drink or cook with it, but the contamination was deemed so severe that even boiling the water beforehand would not be sufficient. Emma G Fitzsimmons of The New York Times relates that children and people with weak immune systems were urged not to bathe in such water either. As local bottled supplies ran dry, the National Guard arrived to disperse fresh water.

Eventually, investigators determined that a large Lake Erie algae bloom, the source of water for the city of Toledo and 11 million residents in the lake’s vicinity, was the source of the contamination. Algae refers to a very broad spectrum of aquatic organisms ranging from the microscopic and single celled to the giant kelp of the Eastern Pacific. A bloom results in the production of a large amount of peptides, compounds consisting of multiple linked amino acids, in this case called microcystin. This particular peptide is toxic to humans, inducing vomiting, diarrhea, and liver damage, Fitzsimmons relates.

A 2012 algal bloom in Lake , courtesy of Olga Nohra via Flickr

Algal blooms resulting from human activity are often caused by massive introduction of phosphorous into an aquatic system. Lake Erie has been plagued by blooms in the past, particularly in the 1960s and 1980s. These occasions tended to be the result of poor septic infrastructure and consequent excessive discharge of waste into the lake. Since then, those threats have been somewhat ameliorated; however, agricultural runoff continues to provide undesired phosphorous discharge into water bodies such as Erie.

It is difficult to impose barriers on the leakage of phosphorous into Lake Erie. Journalist Michael Wines clarified that,

“The federal Clean Water Act is intended to limit pollution from fixed points like industrial outfalls and sewer pipes, but most of the troublesome phosphorous carried into waterways like Lake Erie is spread over thousands of square miles.”

This process is called “non-point pollution.” There have been some initiatives to try and reduce the pollution output in the first place, by providing farmers with methods of reducing fertilizer use, for example. But enacting laws that set limits on pollution is a daunting task. They must go hand in hand with voluntary efforts by those involved with the sources of pollution, to more accurately calculate how much fertilizer and materials are necessary, rather than carelessly applying an estimated amount.

An issue that must be addressed throughout the course of the dialogue on this event is the fact that algal blooms choke off other aquatic life. They absorb a massive amount of oxygen from the water, and other biodiversity are hard pressed to survive. This should be sufficient motivation in and of itself to mitigate the causes of blooms. Furthermore, substantial damage to the ecosystems of a place like Lake Erie causes fish catches to plummet, causing threats to our food supplies and commercial endeavors. The health of the lake’s biodiversity is also tied into lay fishing and other forms of recreation, which in turn brings to mind the importance of tourism and the state of the regional economy.

Simultaneously, another city farther east is also concerned with the state of its drinking water. New York City is famous for its pure and high quality drinking water. This is in large due to the vigorous efforts of organizations such as Riverkeeper, that maintain a presence in the Hudson River estuary in attempt to protect it from polluters, dumpers, and violators of other environmental and water protection laws. The source of water for more than nine million urban residents has come under threat recently from a rise in oil shipment by rail right along river’s edge in the so labeled “bomb trains,” or cars that are prone to spillage and explosion. On top of this, one of the primary aqueducts in the water infrastructure is leaking, journalists Aaron Ernst & Christof Putzel reveal. If it bursts, over half the city could be left without drinking water. In the meantime, plans are for it to be diverted through a bypass tunnel while repairs take place, which could take several years.

One of New York City’s reservoirs in the Catskills, courtesy of Franklin R. Halprin

This case is the inverse of from Toledo; the problem is not the quality of the water, but the ability to deliver it. However, in the New York area there are many dangers to the quality of the water, and similarly the mediums by which Toledo’s water arrives in the city are an important factor when addressing phosphorous discharge and the quality of water resources. The cities face multiple and similar challenges: urban drinking water, water infrastructure, and reservoir protection. These concerns will only grow as cities expand and pressure on natural resources requires new approaches. If only two to three percent of the Earth’s water is freshwater, and the United States agricultural industry accounts for more than 75% of the nation’s water consumption, then civilian residents and policy makers face many challenges in ensuring that enough water remains drinkable and accessible to the people.

It is evident, then, that we humans are deeply entrenched in our environments. An ecosystem is very delicate, complex, and interconnected; a series of events in a remote corner may multiply and have unforeseen consequences elsewhere. It is vital for us to be more responsible in how we treat our water. We need it, the rest of the environment needs it, and we need the environment.

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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 [NOAA Great Lakes Environmental Research Laboratory 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.

The post Lake Erie Algae Bloom Raises Questions on Water Policy appeared first on Law Street.

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, 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.

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.

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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.

The post It’s Time to Shut Down New York’s Indian Point Nuclear Plant appeared first on Law Street.

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

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

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

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.”

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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.

The post Riverkeeper: Patrolling the Hudson to Keep NYC’s Water Clean appeared first on Law Street.