Sears Island Federal Court Cases 1985-1992

 

Sears Island Federal Court Cases 1985-1992 Sierra Club of New England waged a seven year struggle in federal court in the mid 1980s and early '90s to keep Sears Island free of development. Read the amazing legal decisions that the Sierra Club achieved in those years - before the New England Sierra Club broke up into Maine, NH and Massachusetts chapters in 2000. 1985 Sierra Club v. Marsh, 769 F.2d 868 (1st Cir. 1985) "In sum, given the likely secondary effects of the Sears Island project and the other effects previously described, the record in this case cannot support a FONSI, and therefore an EIS must be prepared. We reach this conclusion not because preparation of an EIS is merely a technical requirement which, under NEPA and its implementing regulations, we must here enforce. Rather, this requirement reflects NEPA's underlying purpose in requiring agencies to determine and assess environmental effects in a systematic way--namely, having decisionmakers focus on these effects when they make major decisions. That is to say, the requirement flows not only from the letter, but also from the spirit, of NEPA." 1985 Sierra Club v. Secretary of Transportation. 779 F.2d 776 (1st Cir) Maine DOT appealed a ruling by the US District Court for Maine in favor of the Sierra Club, holding that the Coast Guard had arbitrarily and capriciously issued a permit for the construction of a "bridge" between Kidder Point, Maine, and Sears Island, Maine. The Court of Appeals here upholds the permit revocation, writing: "The arbitrary and capricious action of the Coast Guard in allowing Maine DOT to submit an application for a causeway as if it were an application for a bridge and approving such application by itself treating the structure as a bridge is sufficient to justify the revocation of the permit." 1987  Sierra Club v. Secretary of Army 820 F.2d 513                                                Circuit Court of appeals rejects appeal by government of attorneys fees awarded to Sierra Club from Sears Island causeway case. 1989 Sierra Club v. Marsh 872 F.2d 497                                                                                      "The Sierra Club asked the district court to enjoin both the federal and state agencies from continuing to build the causeway or otherwise work upon the Sears Island project while the court considered the merits of its various, rather complex objections...The federal district court denied the Sierra Club's request for a preliminary injunction. The determination of the district court not to issue the preliminary injunction is vacated and this case is remanded for further proceedings..." 1990 Sierra Club v. Marsh, 907 F.2d 210 (1st Cir. 1990)                                                   "Construction of the project remains at a standstill pending full NEPA compliance. The November 1 order neither modified nor continued the injunction in any jurisdictionally significant respect....We need go no further. In the present posture of the case, an interlocutory appeal will not lie. The Club, yearning for the blossom when only the bud is ready, has come to us prematurely...The appeal is dismissed for want of appellate jurisdiction. Costs in favor of appellees. 1992 Sierra Club v. Marsh, 976 F.2d 763 (1st Cir. 1992)                                                            "Sierra Club challenges the district court's conclusion that the analysis of secondary impacts in the agencies' final EIS satisfies NEPA. We affirm."

Penobscot Bay Aquaculture and Heavy Metal bioaccumulation

Sugar Kelp  and heavy metals

Excerpt: "Here, we present baseline information about concentrations of arsenic, cadmium, lead, and mercury, in both wild and farmed sugar kelp from the New England region. 

We interpret our findings based on proximity to potential sources of contamination, location on blade, and available heavy metals standards. 

Contrary to our expectations, high concentrations were widespread in both wild and farmed populations, regardless of proximity to contamination. 

We find, like others, that cadmium and arsenic consistently reach levels of regulatory concern, and that dried seaweeds could harbor higher concentrations compared to raw products. 

We also share unique findings that suggest some toxins concentrate at the base of kelp blades. "

https://www.sciencedirect.com/science/article/abs/pii/S0301479719314872 

Journal of Environmental Management
Volume 253, 1 January 2020, 109769
Remediation of contaminated intertidal sediment by increasing permeability using active capping material

Digital Maine library- Aquaculture

Maine DMR Data Dashboard

Maine NH Trawl Surveys

Atlantic Seafarms - Maine seaweed farmers list

FV 11th Hour IncSite Report Southwest of SearsIsland, Penobscot BaySearsport 

Perkins Stockton Harbor  Seaweed aquaculture lease

Evidence of elevated heavy metals concentrations in wild and farmed sugar kelp (Saccharina latissima) in New England Scientific Reports volume 13, (2023)   Brianna K. Shaughnessy, Brian P. Jackson & Jarrett E. K. Byrnes

Explore Maine Oyster Farms

Mercury Bioavailability and Bioaccumulation in Estuarine Food Webs in the Gulf of Maine 2009

Celia Y. Chen*  Michele Dionne†  Brandon M. Mayes‡  Darren M. Ward  Stefan Sturup§
, and Brian P. Jackson∥

Patterns in forage fish mercury concentrations across Northeast US estuaries

Environ Res . 2021 Mar:194:110629. . Epub 2020 Dec 20.

Penobscot River Mercury Study Update to the Phase I Report

Penobscot River and Bay mercury study phase 3 alternatives 

Penobscot River Phase III Engineering Study Penobscot River Estuary, Maine 2018 

Cruiseship Visits to Rockland Maine 2024 - By Length of Ship

 59 cruiseship visits to Rockland in 2024.  And where they went.

By # of visits, ship name, length, # guests, harbor mooring or landing

17 American Independence 215′  100 guests, Rockland Pub Landing

10 American Glory 241′ | 109 guests Rockland Public Landing

12 American Eagle 241′ | 109 guests—Rockland Public Landing

11 American Constitution 267′ | 170 guests—Anchorage 1

(List ontinued below map- Note map is American Cruiselines 2024 only

11 American Constitution 267′ | 170 guests—Anchorage 1

1 Nautica 593′ | 777 guests—Anchorage 1

1 Odyssey 642′ | 987 guests—Anchorage 1

1 Volendam 780′ | 1432 guests—Anchorage 1

2 Zuiderdam 936′ | 1,916 guests—Anchorage 1

1 Celebrity Summit 964′ | 2038 gests Anchorage 1

2 Celebrity Eclipse 1,040′ | 3013 guests Anchorage 1

1 Queen Mary 1,131′ | 3090 guests Anchorage 1

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2016  ROUTING 

Bay History 1992. Stockton Harbor tragedy: Looking back 12 years after they blocked half the harbor's circulation around Sears Island in Penobscot Bay.

 Three decades ago Cape Jellison resident Lorin Hollander voiced his observation and misgivings about the results to Stockton Harbor  of blocking  harbor circulation with the Sears Island causeway, twelve years after the fateful closure . Bangor Daily News 10/8/92

Rockland's adhoc Harbor Mgmt Plan Committee 10/3/19 audio: Lobstering, Cruise ships

Rockland's  Adhoc Harbor Management Plan Committee met October 3rd . It considered marine issues, from  harbor lobstering  & fishing to aquaculture, and then  discussed cruise ships for 1hr 15min. About the Committee

AUDIO
* Summary of Marine issues addressed last adhoc mtg 8min
* Harbor lobstering & fishery planning - 30 minutes
* Cruise ships complete section 1hr 15min
* Cruise ships Pt 1  14min  
* Cruise ships Pt2   7min 30sec 
* Cruise ships Pt 3 18min
* Cruise ships Pt 4  12min
* Cruise ships Pt 5  9min
* Cruise ships Pt6 to end  22min

SLIDES
Slide 1 Cruise ship counts  
Slide 2 Current Cruise ship fees  
Slide 3 Cruise Ship Revenues 
Slide 4 Rockland City Council Order 51

Owls Head waters getting federalized. Listen to 12/12/17 meeting on federal anchorage proposal.

Are Owls Head's outer waters getting Federalised?

Listen to a 14 minute discussion, (mp3)  at the 12/12/17 Rockland Harbor Mgmt Commission meeting, on a plan to designate a federal anchorage area off Owls Head, to facilitate cruise ships bringing passengers to Rockland Harbor

Rockland Harbor civic boundaries, Rockport, Rockland & Owls Head

 Penobscot Bay & River Pilots Association has asked the US Coast Guard to designate the waters of Owls Head's Broad Cove as  a Federal Anchorage Area,  specifically to facilitate projected increases in visits to Rockland Harbor  by large cruise ships. Read  July 6, 2017 submission to USCG by David Gelinas  president of Penobscot Bay & River Pilots

On December 12, 2017 the Rockland Harbor Management Commission had a  discussion of  the Federal Anchorage proposal. LISTEN TO THE 14 MINUTE DISCUSSION (mp3)

Gelinas, a veteran ships pilot, told the Coasties that rising cruise ship traffic  to Penobscot bay calls for  more methodical  management of anchorage use by oversized cruise ships  at the mouth of Rockland Harbor. much of which is within the town borders of Owls Head.

"Not only are the numbers of cruise ships on the increase," Gelinas wrote "but the average size of such vessels is on the increase as well. Having a larger, dedicated anchorage area will assist in keeping this traffic coming to our state, and will serve all mariners with a clear illustration of where such vessels will likely anchor when coming to Penobscot Bay."