• Whistleblower Points to Illegal Klamath Water Decision
  
• Environmentalists Intervene in Clean Water Challenge
  
• Toxic Pesticide Killing Wildlife, Suit Charges
  
• Asian Dust Storm Causes Plankton Bloom
  
• Amazon Deforestation Could Change U.S. Rainfall
  
• Southern California Considers Phasing Out Perc
  
• Federal Agencies Honored for Energy Conservation
  
• Be a Sea Turtle for Halloween
  

Whistleblower Points to Illegal Klamath Water Decision

That change would violate the Endangered Species Act, according to Public Employees for Environmental Responsibility (PEER), a group that has posted the documents on its website. The documents were part of a whistleblower disclosure filed today by National Marine Fisheries Service (NMFS) fisheries biologist Michael Kelly with the U.S. Office of Special Counsel.

The conclusion of a draft biological opinion prepared by a NMFS team in April 2002 was altered at the behest of Bureau of Reclamation officials, Kelly charges. The alterations lowered the minimal instream flow levels below what the fisheries scientists believed necessary for the survival of coho salmon in the Klamath River. Coho salmon are classified as a threatened species under the Endangered Species Act.

According to Kelly's disclosure, the changes were undertaken without any of the required biological analyses and directly contrary to the legal duty to use "the best available science." Recommended flows were cut by almost one half, with the balance expected to be addressed by the formation of a "multi-agency task force/working group."

"Political pressure perverted the process, producing a biologically unsupported decision," stated California PEER director Karen Schambach. "The actions of the top officials in both NMFS and the Bureau of Reclamation can only be called a violation of the public trust."

Kelly had served as the technical lead on the team developing the recommended flows, but requested to be relieved of the position once it became clear the team was being ordered to accept the Bureau of Reclamation's changes.

"The idea that politics would ride roughshod over sound science is insulting to every American," commented Senator John Kerry, the Massachusetts Democrat who chairs the Senate's Oceans and Fisheries Subcommittee.

"Citizens need to know that government is accountable to their interests, not ideological agendas. What Michael Kelly says happened regarding the Klamath River has shaken that pillar of the system," Kerry added. "He has shown the courage of his convictions - he's a hero, but I fear that like too many whistleblowers he's going to be under even greater pressure from the politicos who didn't want him to tell the truth in the first place. I'll be watching to make sure he's not punished for his act of courage, just as we'll monitor the NOAA investigation to ensure these allegations are explored and there's accountability for citizens."

Under the Whistleblower Protection Act, if the Office of Special Counsel determines that Kelly's disclosure has a "substantial likelihood" of demonstrating violations of law, abuse of authority or gross mismanagement, it will oversee an investigation into the charges.

"These are alarming allegations that require a full investigation before a congressional panel," said Representative Mike Thompson, a California Democrat. "If true, the administration must be held fully responsible. We are six months into the administration's 10 year water plan and the result is over 30,000 dead salmon. This catastrophe has cost California's North Coast communities at least $4 million in damages this year, and is expected to cost tens of millions for years to come."

A narrative of Michael Kelly's report is posted at: http://www.peer.org/kellynarrative.pdf

Environmentalists Intervene in Clean Water Challenge

The environmental law organization Earthjustice submitted a brief on Friday asking the Supreme Court to uphold the Clean Water Act against industry attempts to weaken it. Addressing one of the most crucial environmental cases on the Supreme Court's docket this term, the Earthjustice brief opposes attempts by agricultural, mining, and roadbuilding interests to accelerate unpermitted destruction of wetlands and streams around the nation.

"Three decades after the passage of the landmark Clean Water Act, our nation continues to lose tens of thousands of acres of wetlands each year, and hundreds of miles of streams as well," said Howard Fox of Earthjustice, attorney for the conservationists. "Industry should comply with the law and reduce the massive aquatic destruction it causes annually, instead of trying to poke holes in our premier water pollution control law during its thirtieth anniversary year."

At issue in the case are activities on a California ranch that destroyed and damaged numerous wetlands and streams, in order to convert them to crop production. The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency concluded that such activity could not be undertaken without a permit, and federal district and appellate courts in California agreed.

The appellate court noted that the wetlands and streams "depend upon a dense layer of soil, called a 'restrictive layer' or 'clay pan,' which prevents surface water from penetrating deeply into the soil." The rancher "gouge(d) through" this subsurface layer using "a procedure known as 'deep ripping,' in which four- to seven foot long metal prongs are dragged through the soil behind a tractor or a bulldozer."

The Corps indicated that the rancher had "essentially poked a hole in the bottom of protected wetlands. That is, by ripping up the bottom layer of soil, the water that was trapped can now drain out."

According to the appellate court, "activities that destroy the ecology of a wetland are not immune from the Clean Water Act." In fact, "the intent of Congress in enacting the (Clean Water) Act was to prevent conversion of wetlands to dry lands," and the activities on the California ranch "were not intended simply to substitute one wetland crop for another; rather they radically altered the hydrological regime of the protected wetlands."

A wide range of industry interests are now asking the Supreme Court to reverse this ruling. Representing proponents of agriculture, as well as of mining, roadbuilding, homebuilding, and other infrastructure projects, they claim they should be allowed to damage and destroy wetlands and streams without a permit.

The challengers also ask the Court to reject the interpretation of the Clean Water Act underlying a key 2001 wetland and stream protection rule, despite support for the rule by both the previous administration and the present one. For more information on this rule, visit: http://www.epa.gov/owow/wetlands/dredgedmat/pressrel.html

"Protection of wetlands is vital to our nation's future. These crucial aquatic areas filter toxic pollutants from our water, store water that would otherwise flood downstream areas-and of course provide habitat for fish, birds, and other wildlife," said Julie Sibbing, legislative representative with the National Wildlife Federation. "Congress has repeatedly recognized the need for protection of these key areas, but unfortunately industry still hasn't gotten the message."

The friend of the court brief was filed Friday by Earthjustice on behalf of National Wildlife Federation, Sierra Club, Natural Resources Defense Council, and National Audubon Society. Oral arguments in Borden Ranch Partnership v. U.S. Army Corps of Engineers will be heard on December 10, and a decision is expected by spring 2003.

Toxic Pesticide Killing Wildlife, Suit Charges

The lawsuit, filed in federal district court by Defenders of Wildlife, American Bird Conservancy and the Florida Wildlife Federation, charges the EPA with violations of the Endangered Species Act (ESA) and Migratory Bird Treaty Act (MBTA) by its registration of the pesticide fenthion. Fenthion has been documented to cause ecological impacts and is toxic to birds.

"Fenthion is one of the most dangerous bird killing pesticides in use in this country," said Dr. Patti Bright, director of American Bird Conservancy's pesticides and birds campaign. "It is not necessary to bear the extreme ecological costs of fenthion when there are equally effective pesticides available for mosquito control that won't kill birds, don't wreak environmental havoc, and are in use to combat mosquitos in 49 other states and even most of Florida."

Fenthion has long been known for its toxicity to birds, not only when ingested but also when inhaled or absorbed through the skin. The pesticide was once formulated and marketed for the purpose of killing birds, as the active ingredient in "Rid-a-Bird" perches.

Landing on a fenthion smeared perch for a few seconds was enough to kill starlings and other target species, but also led to the deaths of non-target species, such as bald eagles, peregrine falcons and American kestrels that fed on the poisoned carcasses.

"It's really quite unbelievable," said Rennie Anderson, staff attorney with Defenders of Wildlife, regarding the EPA's continued registration of fenthion. "EPA has known for some time, and has even acknowledged in its own documents, that fenthion poisons birds and other wildlife and has been linked to multiple bird kill incidents. Yet, despite warnings from the U.S. Fish and Wildlife Service (USFWS) regarding the risks to wildlife, EPA still allows fenthion to be sprayed without fulfilling even its basic obligation under the ESA to consult with the Service concerning these impacts."

Past use of fenthion for mosquito control has shown that almost any aerial application of the pesticide, even when spraying is consistent with EPA labeling requirements, will result in indiscriminate killing of non-target wildlife. Birds, butterflies, and aquatic species are all vulnerable to fenthion.

"More than thirty federally listed species live in the Everglades region, and many others depend on this ecosystem for important habitat needs, including millions of migratory birds that travel through the state every year," said Nancy Anne Payton, the Florida Wildlife Federation's southwest Florida field representative. "This lawsuit aims to protect these species from the needless and deadly spraying of fenthion."

In June, the USFWS advised the EPA that fenthion poses "unreasonable adverse effects" to the environment, including to species protected under the ESA and MBTA, and recommended to EPA "that fenthion not be reregistered and existing registrations should be canceled for all uses immediately."

In Collier County, Florida, one of the few remaining counties that spray fenthion, the disease carrying mosquitoes targeted by the spraying have developed resistance to the pesticide, making the chemical more effective at killing non-target species than the targeted mosquitoes, the environmental groups charge.

Asian Dust Storm Causes Plankton Bloom

In spring 2001, two robotic Carbon Explorer floats recorded the rapid growth of phytoplankton in the upper layers of the North Pacific Ocean after a passing storm had deposited dust from the Gobi Desert. The carbon measurements, reported in the October 25 issue of the journal "Science," are the first direct observation of wind blown terrestrial dust fertilizing the growth of aquatic plant life.

A group of scientists led by oceanographer James Bishop of Lawrence Berkeley National Laboratory's Earth Sciences Division engineered the deep diving Carbon Explorers to measure particulate carbon in the upper thousand meters of the ocean. The Carbon Explorers are modified SOLO floats (Sounding Oceanographic Lagrangian Observers), designed to measure temperature and salinity at various depths.

"The plants that fix carbon in the ocean typically live, reproduce, and die on day to week time scales," Bishop said. "The beauty of the Carbon Observers is that they keep on working day in and day out, for seasons at a time, matching the biological rhythms of the sea in a way that ships and other systems cannot."

Phytoplankton growth is affected by factors like nutrient concentrations, light, temperature, salinity, and the way the sea water mixes. Earlier studies at PAPA suggested that growth in the region was also limited by a lack of dissolved iron in the water.

The Carbon Observers helped to test that assumption. They recorded information from April 2001 to December 2001, when their batteries gave out.

Three days before the launch of the Carbon Observers on April 10, a NASA satellite recorded a large dust storm originating near the Gobi Desert in China and Mongolia; on the day of the launch, the dust cloud was over Japan and heading for the North Pacific. It reached Ocean Station PAPA on April 12, where it kicked up the waves and deposited a large amount of dust.

Five days after the storm passed, the floats reported rising concentrations of particulate organic carbon; the concentration almost doubled in the next two weeks.

Bishop notes that "the timing of this natural increase matched the timing of plankton growth after iron was artificially added to Southern Ocean waters during [controlled tests] Soiree and SOFeX, a good indication that iron fertilization was the cause in the North Pacific as well."

Plankton growth following the storm over Ocean Station PAPA was confirmed when NASA's SeaWiFS satellite got a glimpse through the clouds and saw the sea surface turning greener with chlorophyll. These satellite observations further supported the supposition that iron and other micronutrients from the Asian dust storm had fertilized the phytoplankton.

Jim Bishop and his colleagues hope Carbon Explorers and other instruments can soon find out what proportion of particulate organic carbon sinks all the way to the deep ocean.

"Until we can answer that question with some precision, whether or not large scale iron fertilization of the ocean would be useful in slowing global warming will also remain unanswered," Bishop said. "There's a huge amount of science left to be done in the next decade to assess the ecological changes and the downstream effects of the technique. We've only scratched the surface."

For more on ocean carbon research at Berkeley Lab, visit: http://www-ocean.lbl.gov

Amazon Deforestation Could Change U.S. Rainfall

Researchers from Duke University simulated climate using a set of mathematical equations that describe the behavior of Earth's atmosphere. Each simulation uses a variety of data such as heat release, humidity, evaporation, precipitation, sea surface temperatures, soil moisture transfer and the like that would exist under different scenarios ranging from current conditions to a completely deforested Amazon basin.

It has been estimated that 15 percent of the Amazon rain forest has already been cut and turned into pasture, but the researchers looked at what might happen if the entire Amazon were converted to pasture land.

"Basically, what we see is a reduction of rainfall over the Amazon," said Roni Avissar, chair of the Department of Civil and Environmental Engineering at Duke's Pratt School of Engineering. "This reduction of precipitation occurs most of the year but is most significant - on the order of 15 percent to 20 percent -- during the summer, from February to March. Of particular interest is that we see a correlation with climate changes, primarily reduced precipitation, in other parts of the world."

Avissar said the simulation showed a noticeable reduction of precipitation - 10 percent to 15 percent -- during the summer in the Dakotas of the United States and in the Midwest Triangle of Oklahoma, Arkansas and Missouri. Central America and the Gulf of Mexico also had reduced rainfall in the simulation, as did an area over the western Pacific Ocean and a region over the Indian Ocean.

"What this suggests is that if you mess up the planet at one point, the impact could have far-reaching effects," Avissar said. "You have to be careful not to look at only one area."

Just what is happening in the climate simulations is not clear, Avissar said, but the climatic mechanisms may be similar to altered wind circulation that suppress Atlantic Ocean hurricanes during the Pacific Ocean warming phenomenon called El Nino.

Avissar said he could not blame recent drought conditions in the United States on deforestation in the Amazon because the Duke simulations looked at a hypothetical situation that is much more severe than what now exists in the Amazon, which covers nine times as much land as Texas.

"What we say here is that if you modify the landscape of the Amazon, it affects other parts of the world," Avissar added. "It is not enough for a country to make national decisions about land use because it does not just affect the water resources of your own country."

He and research associate David Werth are now looking for similar effects of deforestation in other parts of the globe. They also are developing a more refined mathematical model that may be able to predict the results of partial deforestation, Avissar said.

Avissar and Werth report their findings in the October 27 issue of the "Journal of Geophysical Research-Atmospheres."

Southern California Considers Phasing Out Perc

If the rule is adopted, the South Coast Air Quality Management District (AQMD) would be the first environmental agency in the nation to phase out the use of perchloroethylene (perc) at dry cleaners.

"The average dry cleaner poses a higher cancer risk to its neighbors than a typical oil refinery or power plant," said Barry Wallerstein, executive officer of the AQMD. "Dry cleaners can help reduce health risks by switching from a known cancer causing chemical to proven environmentally friendly alternatives."

Following almost two years of public consultation with dry cleaners and other interested parties, AQMD's Governing Board will consider adopting the measure during a November 1 public hearing at its Diamond Bar headquarters. The measure, a proposed amendment to AQMD's Rule 1421, would gradually phase out the use of perc by 2019.

In its place, dry cleaners could choose from several non-toxic alternatives including wet cleaning, hydrocarbon or silicone based solvent cleaning.

"We recognize that most dry cleaners are small, mom and pop operations and that many are minority owned," Wallerstein said. "We have carefully crafted our proposal to minimize the economic burden on these businesses."

In addition, Wallerstein said, AQMD is proposing up to $2 million in incentives for dry cleaners that switch to non-toxic alternatives before the rule requires them to do so.

AQMD staff is proposing that after January 1, 2003, a new garment cleaning business, or an existing dry cleaner adding a machine, would have to choose a non-perc cleaning process. After July 1, 2004, any dry cleaning machine that is replaced - and any machine that is 15 years or older - would have to be replaced with a non-perc machine.

The 15 year phase out is considerably longer than the typical eight to 12 year life of a perc machine, the agency said.

The rule is expected to eliminate the 850 tons of perc emitted each year by the 2,200 or more dry cleaners in the region.

Since 1996, AQMD has committed funding to research and demonstrate wet cleaning and assist dry cleaners in converting to non-toxic alternatives. The agency has already provided $75,000 that assisted six dry cleaners in converting to wet cleaning.

In September, AQMD's Board authorized an additional $325,000 to provide financial assistance to dry cleaners switching to wet cleaning and to demonstrate the technology.

About 110 Southland cleaners already are using one of the three prevalent non-perc technologies. The AQMD has prepared a list of southern California cleaners that do not use perc, available online at: http://www.aqmd.gov/news1/green_cleaners.htm

Federal Agencies Honored for Energy Conservation

The 2002 Presidential Awards for Leadership in Federal Energy Management recognized five agencies whose efforts have saved more than $100 million and prevented about 240,000 metric tons of carbon dioxide from entering the earth's atmosphere.

"The people and projects honored here today show how every action we take - both as individuals and as Federal employees - can cut our nation's energy bill, reduce greenhouse gas emissions, and increase our nation's energy security through greater energy independence," said Energy Secretary Spencer Abraham.

With more than 500,000 buildings and as the nation's largest energy consumer, the federal government is directed under Executive Order 13123 to promote energy conservation through building design, energy efficiency and emerging technologies.

"The agency teams honored today are exemplary of this commitment. They show that when we spend money wisely, we can also have the added benefit of preserving our natural resources," said Mark Everson, deputy director of the Office of Management and Budget (OMB).

The Navy Shipboard Energy Conservation Team at the Department of Defense received the Award for Outstanding Performance. In fiscal year 2001, the efforts of this team saved $41.7 million and 1,012,000 barrels of fuel.

The team installed stern flaps on 34 ships to save an estimated 112,000 barrels of fuel. When fully implemented, these adjustments will save about $17.5 million a year.

The Department of Commerce received the Award for Institutionalization for its Strategic Implementation Plan for Energy Management. The plan engages all of the agency's bureaus and staff including procurement, legal, budget, management and facility maintenance, and is expected to help maintain the agency's annual two percent reduction in energy use, which has reduced Commerce Department energy use by a total of 34 percent since 1985.

The General Services Administration (GSA) received the Award for Implementation for its nationwide Public Building Service program. The program guides regional offices to make improvements and prioritize projects that aid energy efficiency.

Investing almost $50 million in new equipment, GSA saved enough energy to provide for the annual consumption of about 10 million square feet of office space.

The Department of Defense's Pentagon Renovation Office received the Award for Outreach. The program promotes energy conservation and efficient design practices with the private sector, local governments, industry and national organizations. It has set a high standard for energy efficiency with its use of environmentally preferable building materials and products, and through recycling 70 percent of all construction debris.

The Army National Cancer Institute/Army Garrison at Fort Detrick received the Award for Results. Fort Detrick has maximized an investment of $25 million of facility improvements for energy savings totaling $60 million under their Partnership for Energy Performance (PEP) program.

This program's savings will exceed more than 163 pounds of steam used for heat and power and almost 17 million gallons of water will be saved.

Be a Sea Turtle for Halloween

Sea turtles used to be so common oceans that early explorers described them as traveling in huge fleets. Now all species of sea turtles are in danger of extinction.

Turtles face many threats including pollution, development that destroys nesting beaches, and incidental capture in fishing nets. Although now illegal in almost every part of the world, killing of turtles for their meat and oil and taking of their eggs still occurs.

Creating a sea turtle costume is "a great and fun way to teach kids about animals that need protecting," said Dan Evans, education coordinator for STSL. "You and your children will learn about these ancient mariners as you create the costume together. You can talk about where sea turtle's live, what they eat, and why they need to be protected."

Evans suggests looking through sewing stores for costume patterns or creating a costume with materials from a craft store.

"You can even make a turtle costume from things in your own home," Evans said. "A large, green garbage bag stuffed with balled up paper or fabric and shaped can make a great turtle shell and can be easily attached to a leotard. Non-toxic face paints and 'flippers' made of green socks worn on their hands can complete the effect."

Another pattern involves a green sweatsuit (hooded is optional), two pieces of green or light brown poster board, non-toxic paint or thick markers and glue. Cut one piece of the poster board into a large oval shell, which can be glued to a piece of cardboard to add strength.

Add scutes - or ridges for the leatherback - by drawing large circles on the shell, using a thick black marker or non-toxic craft paint to make the scutes stand out. Cut two long, one to two inch thick strips from the second piece of posterboard the full length of the board.

Using glue - hot glue seems to work the best, Evans said - attach the strips to the top of the back side of the shell, then run over child's shoulders as straps. Glue the straps in place. Leave enough room so child can move without tearing or breaking the straps.

Visitors to STSL's web site will find drawings of the scute pattern for the five different sea turtle species found in U.S. waters, to help make the costumes more realistic. Choose from the green loggerhead, known for their large heads; leatherback, the largest and the only sea turtle without a hard shell; Kemp's ridley, the smallest and most endangered; or the hawksbill, named for its beak like mouth.

"Many parents, especially those with smaller children, don't want Halloween to be a frightening experience. Sea turtles are perhaps the most gentle creatures in the world. It's almost impossible for them to be scary," Evans said.

For more information, visit: http://www.cccturtle.org