Sierra Club UW attys 8/23/22 AUDIO on the Clean Water Act & how Maine DEP misuses state laws based on the CWA

On August 23rd 2022, Sierra Club held an online "Community Conversation" (links to audio below) featuring two veteran environmental attorneys, David Losee and Charlie Bering. 

Each  gave  online briefings on  the history  of the federal Clean Water Act, and how Maine DEP and its Board of Environmental Protection have developed strategies to get around the law when reviewing pollution permits sought by favored companies, for example, Nordic Aqua Farms.

Introduction by Jim Merkel, Sierra Club  5min   *  Spkr 1. David Losee 19min 20sec  *  .Spkr2  Charlie  Bering 23min 

Losee excerpt: How DEP/BEP  misuse state laws & rules to favor certain applicants & foil appellants 6min

Takeaways from their talks:  

1 This federal CWA and the state laws related to it  are adequate to the task: eliminating water pollution.  

2. Maine DEP and its Board of Environmental Protection are abusing the process:  The agency grants pollution licenses to favored applicants like Nordic Aquafarms  even when they know the applicant cannot meet required  pollution limits. How?   The discharger-wannabees must promise to meet the requirements  later, once their salmon tankfarm is operating at full capacity.

3. Maine's  Board of Environmental Protection likewise abuses the law. How?  By deciding not to review the whole pollution application  but just some parts of it.  Big Problem: the parts that BEP does NOT consider - cannot later be raised in a court appeal.  

For example, in Nordic's case DEP and the Board of Environmetal "Protection" decided before the BEP hearing that, among other things, none of the  climate concerns raised (in detail by environmental attornies would  even be considered in its review. This despite the state recently adopting the very Climate Goals and water quality goals that DEP and its Board decided to ignore.

In essence, exempting  Nordic aquafarm  from the Clean Water Act and such related state laws  as the Site Law  and NRPA.

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Casco Baykeeper on Penobscot Baykeeping: Audios of 2/27/15 talk in Belfast

Last night (February 27, 2015) Casco Baykeeper emeritus Joe Payne gave a talk and took part in a discussion at the Belfast Unitarian Universalist Church on organizing a Penobscot Baykeeper Program.  (For those who couldn't make it to the event, listen to the hourlong event at this link:     (mp3))

* Part 1 14min 40sec

* Part 2 15min

* Part 3 16 minutes

* Part 4  16min 32 sec

* Full hour

Joe gave his strong support to organizing a Penobscot Baykeeper. A LONG overdue event, he says. The now retired Casco Baykeeper suggests a unique affiliates-styles Penobscot Baykeeper program that reflects the enormous size of the bay and and the diverse societies, economics and ecology of the different reaches. 

This could be whichever divisions make sense: for example: East Penobscot Bay, west Penobscot Bay and the Fox islands & islesboro. Or upper bay/outer bay. Or even single harbors like Belfast Baykeeper.

Whichever it is. Joe said, each would benefit by being organized around people with great knowledge of and devotion to, their reach of Penobscot bay, Eventually a baywide leader would arise among the affiliates, he said, and a bay wide Penobscot Baykeeper might emerge. Or the affiliate system may prove to be an effective system on its own.

On raising money, Joe said, and all agreed, the money is out there. the businesses the philanthopists, the people  all  who would have  a voice for the ecology and enviornment of their bay or their reach of Penobscot Bay.

In the discussion part of the meeting, Joe took questions from pesticide activist Jody Spear, right whale defender Mark Dietrich, retired school teacher David Smith a critic of the new hardrock mining rules of the Lepage administration, educator-on-sabbatical Linda Bowie on project-based teaching, deep ecologist Hugh Curran of Morgan Bay, a critic of excessive aquaculture 
and meeting host Ron Huber of Friends of Penobscot Bay.


However it is done, all agreed, a Penobscot Baykeeper is LONG overdue!