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CONSERVATION MATTERS THE JOURNAL OF CONSERVATION LAW FOUNDATION | www.clf.org ATE OF THE RE ST GION | 2 01 7 – 20 18 Conservation Matters Spring 2018 TABLE OF CONTENTS STATE OF THE REGION | 2017–2018 02 LETTERS from the Chair and the President 04 RECLAIMING THE PEOPLE’S HARBOR After 30 Years, the Fight for Boston Harbor Enters a New Phase 06 CLASHING OVER CARBON The Decade-Long Effort to Enforce New England’s Groundbreaking Climate Law 08 SAVING LAKE CHAMPLAIN Law, Policy, and Grassroots Activism in the Push for a Healthy Lake 10 STOPPING CHILDHOOD LEAD POISONING The Path to Stronger Laws to Protect New Hampshire’s Children 12 TAKING THE LONG VIEW The Steady Push to the Country’s First Regional Ocean Plan 14 FINANCIAL REPORT 15 FISCAL YEAR SUPPORT 21 CLF BOARD OF DIRECTORS BACK COVER WHY I GIVE: MADELINE FRASER COOK LETTERS LETTER FROM THE CHAIR EcoPhotography hen I reflect on CLF’s In this special issue of Conservation • how our pioneering work on ocean successes year after Matters, we want to take you behind the planning became a national priority. year, I am always struck scenes of this work, to give you a glimpse Wby the complexity of the into how we break down challenges and And, while these stories have their share challenges we take on and the breadth take advantage of opportunities to create of courtroom drama, legislative wrangling, of the solutions we develop. a healthy, thriving New England – not just difficult compromises, and hard-fought for today, but for generations to come. victories, the common thread through all of We have perfected the art of achieving them is you – our partners, our volunteers, solutions that are good not just for the We’ll take you inside: and our donors. Without you standing by planet, but also for people, communities, • how our success in cleaning up Boston our side day in and day out, year in and and the economy. Harbor has led to a new campaign year out, none of these successes would be to ensure the waterfront remains a possible. This breadth and complexity means that welcoming and resilient place for all, our victories are rarely achieved overnight. • the decisions that led to our landmark Thank you for joining us in these fights. Often, they take months, years, and even lawsuit to enforce the Commonwealth’s decades to see through to the end. climate pollution law, Sara Molyneaux • the resolve needed to sustain our Chair, Board of Trustees It is this ability to navigate such solutions, years-long effort to save Lake to weather changes in political winds, Champlain’s polluted waters, and to push for groundbreaking legal • the impetus behind our work to precedents that makes CLF so unique, protect more New Hampshire children effective, and respected by foes and from the tragedy of childhood lead allies alike. poisoning, and Conservation Matters Spring 2018 LETTER FROM THE PRESIDENT EcoPhotography EcoPhotography s I write this, we are in the midst You have also supported us more Nor should we wax wistful for the pre- of what is perhaps the most generously than ever before – both election status quo, because, for years, challenging and unpredictable those who have been giving to CLF for extreme partisanship and disdain for A period for social progress and years and those we are welcoming as science have hampered any attempt environmental justice in CLF’s long history. members for the first time. to restore the bipartisan tradition of environmental protection. In the media, the past 15 months have And the power of your support is nothing been defined largely by a volatile president short of extraordinary. Together we are So as we celebrate our progress in this and a federal administration that has holding the line against irresponsible annual state-of-the-region report – and proved relentless in its efforts to weaken rollbacks that would see us dredge up count the tough battles still to come – or eliminate standards that protect our our fossil-fuel-addicted past – and we are I urge you to remain vigilant, active, and nation’s climate, health, economy, and moving forward our clean energy future engaged. We are at an unprecedented natural treasures. by making progress in cutting climate- moment in our history, and future damaging pollution across the region. generations will ask all of us, “What But for me, the last 15 months have been did you do?” defined by you. You have not only stepped But I am still uneasy. The onslaught up to help CLF meet these challenges, but of attacks on environmental progress I want us all to be able to say, we stood up you have also spoken out with us, marched and social justice threatens to exhaust and stood fast, we fought back and fought alongside us, and made your presence us and make us complacent. We cannot forward – and we made New England a known in hearing rooms and courtrooms become accustomed to the dangers posed healthier, more vibrant place for all. throughout New England. by federal actions or accept any of this as the new normal. Bradley Campbell President PAGE / 3 PAGE / 3 WE NEVER GIVE UP AND GO HOME BECAUSE WE ARE HOME RECLAIMING THE PEOPLE’S HARBOR After 30 Years, the Fight for Boston Harbor Enters a New Phase EcoPhotography A wave of luxury development threatens to wall off the experience of Boston Harbor from the people who paid to clean it up, just as the waterfront was once literally walled off behind the city’s Central Artery expressway. t doesn’t take long for Peter Over a three-part series, Dumanoski Boston Harbor litigation. In July of Shelley to warm to his story, reported on the failures of a system that 1983, he and his family moved back though he’s told it countless allowed 43 cities and towns to dump more to Massachusetts. A few weeks later, I times before. It’s the case that than 450 gallons of treated sewage and CLF put the Environmental Protection has defined the career of CLF’s senior 100 tons of sludge into Boston Harbor Agency (EPA), the Commonwealth, and statesman, transformed the organization every day. Human waste had washed up the Metropolitan District Commission into a litigation powerhouse, and changed on local beaches and the harbor was (MDC), the agency charged with the face of Boston forever. dying. Fish had disappeared, and only operating the area’s failing waste sludge worms could survive in the muck treatment plants, on notice: CLF was It’s the story of Boston Harbor, and it that now covered the harbor floor. taking them to court to force the long begins like so many modern epics – with overdue clean-up of the city’s “harbor an intrepid reporter, a three-part exposé, CLF President Doug Foy read the series of shame.” and a life-changing phone call. with horror. How had the situation gotten this far? And how had he and his small As Shelley and the CLF team dug into The reporter was the Boston Globe’s team not already known how dire it had the situation, they knew the law was Diane Dumanoski and it was December become? He knew one thing for certain, firmly on their side. “We had no concern of 1982. Michael Dukakis had just however: CLF wasn’t going to sit back and about the blatant illegality of what was been elected to his second run as wait for someone else to take care of this going on,” he says, as the problems Massachusetts’s governor and Kevin mess. Foy picked up the phone and called were well documented, including by EPA White was nearing the end of his 25-year a young lawyer who had gotten his start and the MDC. career as the city’s mayor. The Sunday at CLF five years earlier by successfully before Christmas, a Globe headline suing the federal government to stop oil What no one fully appreciated at the laid bare the city’s worst-kept secret: drilling off Georges Bank. time, though, was just how big the “Boston’s Open Sewer: Raw or treated, problem really was – or how long and the sewage flows into Boston Harbor.” Peter Shelley didn’t hesitate to accept expensive the clean-up would be. It Foy’s offer to return to CLF to lead its wasn’t only one treatment plant failing. Conservation Matters Spring 2018 EcoPhotography It was the entire system of how waste was these changes happen. Developers did dearly like to believe it has left behind. handled from source to sea. The clean-up not pay to clean up the Harbor or take That concern has galvanized CLF to fight that CLF kickstarted in 1983 would down the Central Artery. They didn’t build for Boston Harbor’s future once again. ultimately take three decades to achieve. the Silver Line, or the convention center, And it would succeed only because of or any of the other features that have “Boston Harbor and the waterfront the courage and commitment of local made the Harbor as attractive as it is now belong to everybody – it’s their right,” judges, the newly created Massachusetts for private development.” he says. “You can’t take that for granted. Water Resources Commission, some of We need to think about what makes the world’s best engineers, and federal But developers are reaping huge profits a great community for every Boston regulators – and, of course, CLF waiting from those public investments. In the resident – and not just for those living in in the wings to hold them all accountable process, Shelley fears, they are walling the luxury developments now typifying for any lapses.