Category Archives: Business and industry

World ocean researcher traces his interests back to Puget Sound

Marine geologist Peter Harris, a 1976 graduate of North Kitsap High School, has been awarded the prestigious Francis P. Shepard Medal for Sustained Excellence in Marine Geology.

Peter Harris

The annual award, from the Society for Sedimentary Geology, recognizes Peter’s 30 years of research accomplishments — “from the polar to the tropical,” as the judges described it — including his discovery of new coral reefs off Australia.

Also noteworthy is his work documenting the margins of the Antarctic continent; describing the prehistoric formation of the Fly River Delta in Papua New Guinea; and explaining changes in the “Antarctic bottom water,” a dense water mass surrounding Antarctica. Peter has published more than 100 research papers in scientific journals.

After an awards ceremony in Salt Lake City, Utah, Peter returned last week to Kitsap County, where he spoke to me about his current efforts on upcoming state-of-the-environment report for the United Nations. He is working on an oceans chapter for the “Sixth Global Environmental Outlook,” known as GEO-6, which will be used to advance environmental policies around the world.

“There are so many environmental issues in the ocean,” he told me, “but we were asked to identify three things that are the most urgent.”

The last time I spoke to Peter was in 2004 (Kitsap Sun, Jan 31,2004) when he was working for Geoscience Australia and presented his latest findings on coral reefs to audiences in Kingston and Poulsbo. His dad, Alfred Harris, still lives in Poulsbo, while his mom, Sydney Cotton, lives in Silverdale.

For the past four years, Peter has been working in Norway as managing director at GRID-Arendal, a nonprofit foundation that gathers and synthesizes scientific information to help decision-makers. He heads a staff of about 30 people, including experts from various countries.

By the way, GRID stands for Global Resource Information Database, and Arendal is a community about the size of Bremerton, where Peter has purchased a home and agreed to stay on with GRID another four years.

I asked him what his team concluded about the three biggest problems facing the world’s oceans. He said the group, after much consideration, decided that what rose to the top —above ocean acidification, chemical contamination, noise pollution and others — were coral reefs, plastics and overfishing.

“The world is past the tipping point for coral reefs,” he said. “We are past the point where the corals are under stress. They will keep dying off.”

Peter Harris at sea in 2011

Warm water causes the coral colonies to reject their symbiotic algae, leaving them white in a process called coral “bleaching.” They can recover if cooler water returns and there is enough time between bleaching events, he said. But it takes about 10 years for corals to recover, and the Great Barrier Reef has undergone bleaching for three years in a row. Vast areas may never recover.

Coral reefs provide habitats for huge numbers of marine species, and their loss will be an environmental catastrophe brought about by climate change. Even if humans eventually reduce their greenhouse gas emissions, the ecological diversity may be lost in many areas.

“The only solution is to try to preserve coral reefs in locations where they are less susceptible,” Peter said.

The second ocean problem Peter mentioned was plastic pollution.

“More and more people are using more and more plastic,” he said, and some of it eventually reaches the ocean. It can come from stormwater, litter, fishing activities, garbage picked up by the wind and outright dumping. Much of it comes from developing countries with inadequate waste-treatment systems.

“It seems like many people and countries see this as a problem that can be addressed, like the ozone problem,” he said. “It all comes down to how you deal with plastic in your own life.”

The third problem he mentioned was overfishing, which has the potential to drive some populations to the brink of extinction.

While some countries, such as the U.S. and Canada, are doing much better in managing their fisheries, many developing countries are stuck in a cycle of needing more fish to feed a hungry population while generating revenue from fisheries, he said. Taking more and more fish from the ocean will lead to population collapse.

Some of the greatest concerns are on the high seas, where there is little control over what anyone does, he said. Some fishermen are targeting seamounts, where large numbers of various fish species congregate.

“When fishermen find a good spot out in the ocean it is usually a spawning aggregation,” he said, adding that removing those fish can affect growth of entire populations.

“One solution is to put a moratorium on high seas fishing altogether,” he said, adding that it would take a major international effort, but people should recognize that the high seas is the least productive part of the ocean.

GEO-6, the U.N. report on the world environment, is scheduled for publication before the end of the year.

Through GRID-Arendal, Peter keeps in touch with many environmental issues, which can be reviewed on the foundation’s “Activities” page as well as its “Publications” and “Graphics” pages.

Peter’s world travels are as interesting as his research. After graduating from North Kitsap High School in 1976, he went on to receive an oceanography degree from the University of Washington in 1981.

“I think I have always had an interest in the ocean,” he said, noting that his father built sailboats as a hobby and raced them on Puget Sound.

At the age of 12, he took a course at the Poulsbo Marine Science Center (now SEA Discovery Center). After that, he took advantage of every opportunity to visit the marine animals in tanks at the center and to go out on tide-pool walks on Puget Sound.

“I was really captured by the image of how this place was formed,” he said. “I came to understand that there is a reason for everything you see. Puget Sound was once under an ice sheet. The gravel is glacial till. Suddenly it all starts to make sense.”

While other places, such as Chile and Norway, have waterways that look similar to Puget Sound, they often lie over rocky outcroppings rather than gravelly substrate. Puget Sound is truly unique, he added.

“When you travel the world, you realize how rare and precious it is,” he said. “There are no other places like it.”

At the UW, one of Peter’s professors, Dick Sternberg, convinced him to do his graduate work at the University of Wales in Great Britain, where he could work under the late Michael Collins, co-editor with Sternberg of the journal “Continental Shelf Research.”

While there, Peter met his future wife Ellen, an Australian native, and he decided to take a job at the University of Sydney, where he taught oceanography and conducted research on the Great Barrier Reef. When he joined the Australian government, he was required to become an Australian citizen, though he maintained his American citizenship. He worked for Geoscience Australia for 20 years, becoming head of the Antarctic marine and coastal programs, before moving to Norway in 2014.

He and his wife have three grown children, two still living in Australia. Eleri, the oldest, recently took a job with the online political cartoon magazine “The Nib” in Portland, Ore. With a grandchild now on the way, Peter says he has even more reasons to return to the Northwest.

Europe may soon launch wide-ranging solutions to plastic pollution

Taking on the enormous problem of plastic pollution in the ocean, the European Union is on track to ban single-use items made of plastic, while communities in Washington state slowly adopt bans on plastic bags.

Straws are listed as a problem plastic.
Photo: Horia Varlan, Wikimedia Commons

The European Commission is targeting specific plastic products that constitute 70 percent of the items found among marine debris lost in the sea and along the shoreline. Cotton swabs, plastic cutlery, plates, drinking cups and straws are among the items that would be banned outright, because non-plastic alternatives are available.

The proposal announced this week goes well beyond those items, however, calling for a 90-percent reduction in plastic drink-bottle waste, possibly through a deposit system. In addition, plans are underway for new waste-disposal programs, ongoing cleanups, and educational efforts designed to reduce the purchase of and encourage the proper disposal of food containers, plastic wrappers, cigarette butts, wet wipes, balloons and fishing gear. Manufacturers of plastic products would help fund those various programs, according to the proposal.

See news releases and related documents from the European Commission:

In 2015, the E.U. took action to ban most plastic bags with the E.U. Plastic Bags Directive (PDF 233 kb).

The new legislation, which must be approved by the E.U Parliament and Council, goes far beyond anything being proposed in the United States, but it seems that awareness of the marine debris problem has been growing among Americans.

The June issue of National Geographic magazine is devoted to the marine debris problem in a package of stories called “Planet or Plastic?”

“Nine million tons of plastic waste winds up in the ocean each year,” writes National Geographic reporter Laura Parker, who reports that ocean plastic is estimated to kill millions of marine animals every year. Among the losses are 700 different species, including endangered species.

“Some are harmed visibly — strangled by abandoned fishing nets or discarded six-pack rings,” Parker said. “Many more are probably harmed invisibly. Marine species of all sizes, from zooplankton to whales, now eat microplastics, the bits smaller than one-fifth of an inch across.

“On Hawaii’s Big Island, on a beach that seemingly should have been pristine — no paved road leads to it — I walked ankle-deep through microplastics,” she said. “They crunched like Rice Krispies under my feet. After that, I could understand why some people see ocean plastic as a looming catastrophe, worth mentioning in the same breath as climate change.”

Unlike climate change, there are no “ocean trash deniers” — at least not so far, Parker notes. “To do something about it, we don’t have to remake our planet’s entire energy system.”

I believe Parker’s story could be eye-opening for many people. National Geographic is certainly concerned about the plastics problem, as the magazine launches a multi-year campaign against plastics starting tomorrow. The magazine will take steps itself, first by eliminating its plastic mailing wrapper. The organization is encouraging everyone to take a pledge to reduce plastic waste. Other organizations leading the charge include the Plastic Pollution Coaliton, which even built a page around the NatGeo information.

While there is no legislation to impose a nationwide ban on plastics, California and Hawaii have statewide bans on plastic grocery bags and are looking at other items. (See Monday’s L.A. Times.) Many local communities across the country have taken various actions. In Washington state, King and Thurston counties have banned plastic bags, and the idea is under consideration throughout Kitsap County, where the city of Bainbridge Island has imposed such a ban.

Kitsap Sun reporter Chris Henry does a nice job outlining the situation in Kitsap, where county leaders would like to see the ban imposed by all city governments at the same time a new county ban goes into effect — perhaps with some action by the end of this year. Port Orchard officials held a town hall forum on Tuesday to discuss the issue.

To learn more about plastic pollution in Puget Sound, check out the slideshows and videos from last year’s Plastics Summit coordinated by Zero Waste Washington.

With regard to the European Union, the proposal is expected to reduce Europe’s littering by more than half for the 10 single-use items targeted by the proposal. The monetary savings in environmental damages is estimated at 22 billion Euros — or about $26 billion in U.S. dollars — by 2030. Consumer savings is estimated at $6.5 billion Euros — or $7.6 billion. Carbon emissions are expected to be reduced by an equivalent 3.4 million tonnes — or 3.7 million U.S. tons — in that time frame. (See news release from the E.U.)

Targeted items are cotton buds (swabs); cutlery, plates, straws and stirrers; sticks for balloons and reduction of balloon waste; food take-out containers; drink cups; beverage bottles; cigarette butts; bags; wrappers for candy, cookies, etc.; and wipes and sanitary products. Fishing gear is on a separate action list.

Frans Timmermans, first vice president of the European Commission, stressed the importance of European nations working together for solutions, including banning some products, finding new alternatives for others and getting people to properly dispose of plastic to avoid pollution. He wants the E.U. to lead the way in cleaning up the world’s oceans, and he downplayed any inconvenience that people may experience.

“You can still organize a picnic, drink a cocktail and clean your ears, just like before,” he was quoted as saying in a New York Times article. “And you get the added bonus that when you do so, you can have a clear conscience about the environmental impact of your actions.”

Amusing Monday: Methane emissions from a moo-ving source

My wife Sue and I just returned from a two-week vacation that included a road trip through several western states. In addition to wildlife, we noticed thousands of little methane factories scattered across public and private lands.

I’m talking about cattle, of course, and their role in climate change. I have to admit that gaseous emissions from cows seems like a often-told joke. (Question: What do you call a cow fart? Answer: dairy-air.) But methane from cattle is a serious problem with worldwide effects. The millions of dollars in research being conducted to reduce bovine emissions is strong testimony to the level of concern.

Stories I have read on this topic often relate the amount of gases coming from a single cow to the effects of driving a car.

In fact, so much has been written about cow farts and climate change — mainly for the sake of humor — that I thought that the rear of the cow was the source of the biggest problems. It turns out that far more methane gets released from the other end, in the form of gaseous burps from the mouth.

A recent study, funded by NASA’s Carbon Monitoring System, concluded that the worldwide problem of methane from cattle is 11 percent worse than estimates reported in 2006 by the Intergovernmental Panel on Climate Change. The new study involved more precise estimates of methane production in a cow’s gut as well as that produced during manure management.

In the U.S. and Canada, methane production from total cattle operations was found to be 24 percent higher than previous estimates, largely because of open-air manure management. In Europe, more farmers are using methods that contain the methane, often using it for energy. The study was published in the journal “Carbon Balance and Management” and reviewed in “Popular Science.”

As greenhouse gases, methane is more potent than carbon dioxide, yet the amount released into the atmosphere is far less. The international goal is to reduce emissions of both gases to slow the average warming of the planet.

Researchers have found that feeding cattle different types of grains or silage can reduce the amount of methane produced by bacteria in the stomachs of cattle. Feedstocks effective in reducing methane include garlic and onions, but a major problem for dairy farmers is that those products can change the taste of the milk that cows produce.

One farm in Vermont began supplementing its cattle feed with cooked flax. The result was not only less methane coming from the cows, but the milk itself contained a higher level of beneficial omega 3 fatty acids.

Ongoing research is finding that a diet for cattle high in carbohydrates and/or fats can result in less methane production. Using ground or pellet forms of forage may reduce the time of passage through the cow, thus reducing methane production. See news release from the University of Nebraska – Lincoln.

A story published last week in the online “Feed Navigator” discusses the complexity of the issue. Changing feedstocks can affect cattle and their emissions in different ways. One must account for the effects of growing the feedstocks, handling the manure generated and the health for both the cattle eating the forage and the humans consuming the milk or meat, according to the article by Aerin Einstein-Curtis.

“We have it very tight where we follow the diets, and we know the diets produce a certain type of manure, with certain emissions, and this is what you get out of it,” said Michael Wattiaux, professor of dairy systems management at the University of Wisconsin, who was quoted in the article. “One thing that I could see in terms of practical recommendations is maybe you want to have the agronomist and soil scientist and nutritionist all in the same room at the same time.”

Amusing Monday: Do swimmers close their eyes in Houston pool?

If you haven’t seen the “feet video” demonstrating a new swimming pool in Houston’s Market Square Tower, then click on the video (below) right now and shift to full-screen mode.

This and similar videos of this pool have freaked out millions of viewers since the 40-story apartment complex opened more than a year ago. I still feel uneasy when the guy steps off what appears to be an edge, but now I want to know how long this illusion can be sustained. After all, both sides of the thick glass would need to be kept clean. I would like to watch as the pool-cleaner person works on the underneath side.

If you are wondering what the apartment complex is like, check out the promotional video of the interior and amenities. The 463 apartments range from small units that lease for about $2,000 per month to spacious units that go for up to $5,800 per month.

Another glass-bottom pool floating in the air is being built at a multi-family housing complex in London. The so-called Sky Pool, 10 stories in the air, will span two buildings now under construction in London’s Nine Elms District.

The design of the pool pushes the boundaries of engineering and construction, according to Sean Mulryan, CEO for the builder Ballymore Group, who was quoted in an article in Bored Panda magazine.

“I wanted to do something that had never been done before,” he said. “The Sky Pool’s transparent structure is the result of significant advancements in technologies over the last decade. The experience of the pool will be truly unique; it will feel like floating through the air in central London.”

The third video, made before the Houston project was done, features 10 amazing pools from around the world. In addition, you might want to check out an elevated pool in Bali and a glass-bottom bridge in China that causes some people to find new ways of walking — or crawling — to get across. The 980-foot-long bridge was built 600 feet above the valley floor in China’s Hunan Province.

Lummi Nation joins effort to bring Lolita home to Puget Sound

The Lummi Nation, an Indian tribe near Bellingham, recently joined the 25-year-long struggle to bring the killer whale named Lolita back to her home waters of Puget Sound, where she was captured and removed 47 years ago.

The tribe’s involvement could change the nature of the ongoing battle entirely, according to Howard Garrett of Orca Network, who has been leading the effort.

Trailer to a movie in production about the Lummi Nation's effort to bring Lolita home.

“I feel like we are at a whole new level of synergy and mutual support as we bring out our passions and abilities and professional skills,” Howie told me during a phone call from Miami, where he and Lummi leaders were visiting the 52-year-old whale.

Lolita, also known by her Native American name Tokitae, has lived all these years in a relatively small tank at Miami Seaquarium, performing twice each day for visitors to the marine park.

Members of the Lummi Nation contend that what happened to Tokitae was a kidnapping, and her aquatic prison violates native traditions that hold orcas in high esteem. An estimated 40-50 orcas were captured or killed during roundups during the late 1960s and early ‘70s, officials say, and Tokitae is the last living orca taken from Puget Sound.

“There is no way they should be getting away with putting these mammals in captivity for a show,” Steve Solomon, Lummi Natural Resources Commissioner, said in video segment for WPLG Channel-10 News in Miami. “Those are our brothers and sisters that were taken.”

Some have compared Lolita’s capture and removal with actions surrounding Indian boarding schools, where Native American children were taken after being forced to leave their families and give up their native culture.

Orca Network and other groups have proposed bringing Lolita back to Puget Sound and caring for her in a blocked-off cove on Orcas Island until she is ready to head out into open waters, possibly joining her own family. Orca experts believe that her mother is Ocean Sun, or L-25, and that Lolita would be able to recognize the voice of her mom and other L-pod whales.

The cost of the proposed sea pen on Orcas Island and moving the whale by airplane is estimated to cost about $3 million. Howie said he has no doubt that the money can be raised, especially with the help of the Lummi Tribe. Orcas Island is just across Rosario Strait from the Lummi Reservation west of Bellingham.

There is some talk that the Lummi Nation could use its treaty rights to force action if the Miami Seaquarium continues to resist. The Lummi are signatories to the Point Elliott Treaty, which guarantees the right of native people to hunt, fish and gather shellfish. Courts have ruled that tribes also have a vested right in protecting the habitat, but their moral argument to bring Lolita home might be stronger than their legal one.

Eric Eimstad, general manager of Miami Seaquarium, said the killer whales in Puget Sound are listed as endangered, and there are clear concerns about their lack of food, boat noise and chemical runoff.

“The focus should not be on a whale that is thriving in her environment in Miami,” Eimstad said in a statement.

“After more than 47 years, moving Lolita from her pool, which she shares with Pacific white-sided dolphins, to a sea pen in Puget Sound or anywhere else would be very stressful to her and potentially fatal,” he continued. “it would be reckless and cruel to treat her life as an experiment and jeopardize her health to consider such a move.”

Experts can be found on both sides of the issue, and nobody denies that Lolita’s tank is smaller than any captive orca habitat in the U.S.

While in Miami today, Howie was able to watch Lolita in action. He told me that he wore a floppy hat and sunglasses to escape notice, since he has been kicked out of Miami Seaquarium several times for being an “activist.”

“She is looking good,” Howie said of Lolita. “It was encouraging to see that she is not weak. In fact, she is strong. She made four breaches up and out of the water.”

That’s a good indication that this whale could not only survive a flight across the country, but she could thrive, he said. Any treatments she gets, such as antibiotics, would be continued as long as necessary.

Meanwhile, the Lummi contingent is planning a 30-day journey throughout the country to raise awareness about the plight of Lolita. They will take along a large totem pole of an orca, which is now being carved.

Former Miami Beach Mayor Philip Levine, who is hoping to be Florida’s next governor, has signed onto the campaign to bring Lolita home. He opened a press conference yesterday in which he was joined by numerous supporters, including Lummi leaders.

“The time is right to do the right thing and finally free this captured endangered whale,” Levine said. “It was my honor to host the Lummi Nation on this historic day, as we continue the fight to bring Tokitae home to her native waters.”

The first video on this page is a trailer for a movie in production. Producers Geoff Schaaf and Dennie Gordon of Los Angeles are following the Lummi involvement in the tale of Tokitae, which they say is emblematic of the larger story about saving the salmon and all the creatures that live in the Salish Sea.

The second and third videos make up an excellent two-part series by reporter Louis Aguirre of Miami’s WPLG-Channel 10 News. He digs into the controversy over Lolita, including a visit to Puget Sound and what could be Lolita’s temporary home near Orca Island.

Sen. Kevin Ranker breathes new life into Orca Protection Act

The proposed Orca Protection Act, which was declared dead last week in the Washington State Senate, has sprung back to life with the addition of a budget provision that offers a new chance of passage.

Photo: Capt. Jim Maya, 2013

The newly resuscitated bill, approved by the Senate Ways and Means Committee, is nearly identical to the original bill, which includes special protections for the endangered Southern Resident killer whales. If approved by both houses, the legislation would impose new restrictions on boaters and drone pilots, increase on-water patrols by state law-enforcement officers and support studies regarding what people can do to save the whales.

The original legislation died on Feb. 14 when the Senate failed to approve it before a deadline passed for bills that had no budget impact, as I described in Water Ways last Saturday. The bill was revived this week when its sponsor, Sen. Kevin Ranker, D-Orcas Island, used a procedural maneuver to add a new budget provision.

Specifically, Ranker proposed a $5 increase in the cost of special vehicle license plates that depict endangered species, including orcas. The extra money would be used by the Washington Department of Fish and Wildlife for marine patrols and other orca-related activities.

As a result of Ranker’s maneuver, the original bill, SB 6268, will get a new bill number, SB 5886, which is a bill originally submitted by Ranker in March 2017 with no text. A wholesale amendment on Thursday planted the text of the Orca Protection Act into SB 5886, which still carries the title “Relating to natural resources.”

Dave Pringle, Democratic policy analyst who works closely with Ranker, told me that the senator heard support for the maneuver from fellow legislators who wanted a chance to vote on the bill. Ranker expects it to pass the Senate with strong support from fellow Democrats as well as a number of Republicans. Action on the Senate floor could come next week, when the bill would move on to the House.

The bill describes the 76 Southern Resident orcas as “critically endangered” with a population falling to a 36-year low. The whales are important to the ecosystem and to the culture of Washington tribes. The Southern Residents also provide the foundation of a $60-million tourist industry, according to the bill.

The legislation calls for at least 100 law-enforcement patrols during whale-watching season. Remotely controlled aircraft, known as drones, would not be allowed to come within 200 yards of any Southern Resident orca — which is the same limitation for vessels under existing law. The bill also would require vessels to slow to 7 knots within 400 yards of a whale. Current law has no speed limit.

The revised bill adds an exception from the requirements for distance and speed when vessel operators cannot tell that they are too close to the whales because of fog, rain or other weather conditions.

The bill also would require the Department of Fish and Wildlife to make recommendations about what further actions could be taken by the Legislature and state agencies to help restore the orca population. It also calls for meetings and collaborations with wildlife officials in British Columbia to discuss protecting and restoring the orcas.

Federal waters rule gets batted around endlessly in the courtrooms

Confusion is nothing new when it comes to figuring out whether federal agencies have jurisdiction over certain wetlands and intermittent streams under the Clean Water Act. And now the Trump administration has guaranteed that confusion will reign a while longer.

Meanwhile, lawsuits — also nothing new to the Clean Water Act — continue to pile up at a rapid pace.

Some argue that the confusion begins with the 1972 Clean Water Act itself, which requires the U.S. Army Corps of Engineers to issue permits for any filling or dredging — which covers most development — within the “navigable waters” of the country.

Congress defined “navigable waters” in a way that has generated much confusion and many lawsuits through the years: “The term ‘navigable waters’ means the waters of the United States, including the territorial seas,” the law states.

Even the U.S. Supreme Court couldn’t figure it out and ended up adding to the confusion. In a 4-4-1 split ruling, half the justices focused on “navigable waters” with a narrow definition to include major waterways but avoid federal protection for many wetlands and intermittent streams. The other half of the justices supported a broader definition, which would protect downstream waters by also protecting upstream sources of water.

Writer Steve Zwick of Ecosystem Marketplace does a nice job explaining the legal and historical context for the confusion in a four-part series of articles. Zwick relies on, and gives credit to, the writings of William W. Sapp and William M. Lewis, Jr.

Under the previous administration of Barack Obama, the Army Corps of Engineers and the Environmental Protection Agency worked together to draft a new rule to more clearly define federal jurisdiction over streams and wetlands, as outlined by the broader Supreme Court opinion. It became known as the “Clean Water Rule” or “WOTUS” for Waters of the U.S.

Some potential opponents applauded the certainty of the proposed rule, even if they disagreed with some details. (See Water Ways, March 25, 2014.) But others believed that the states, not the federal government, should be in charge of protecting streams and wetlands. It became a common theme to argue that the new rule would regulate the tiniest ditches and farm ponds — something the Obama administration denied.

One of the opponents of the 2015 rule was Scott Pruitt, Oklahoma’s attorney general who ended up suing the Obama administration on behalf of his state. In all, 31 states joined various lawsuits against the rule, with separate lawsuits brought by farmers and industry.

Scott Pruitt, EPA administrator
Photo: EPA official portrait

“President Obama’s Environmental Protection Agency currently stands poised to strike the greatest blow to private property rights the modern era has seen,” Pruitt declared in an opinion piece co-authored by U.S. Sen. Rand Paul, a Republican from Kentucky. The piece was published in The Hill.

Pruitt, of course, is the man that President Trump later named to head the EPA, the same agency he was suing in multiple lawsuits. Pruitt said early on that he would not allow Obama’s WOTUS rule to go into effect.

Before it took effect, the WOTUS rule was tied up in the courts, including an injunction issued by the Sixth U.S. Circuit Court of Appeals in Cincinnati. Under the Clean Water Act, appeals courts can take primary action under certain conditions, but the U.S. Supreme Court agreed unanimously (PDF 923 kb) on Jan. 22 that the WOTUS rule is not one of these conditions.

And so the rule, originally scheduled to go into effect in August 2015, was put back into a confusing status, ready to go into effect in 37 states where it was not blocked by an injunction that covers 13 states under an order of the U.S. District Court in North Dakota.

“This is just all-out war. All-out litigation,” Vermont Law School professor Pat Parenteau was quoted as saying in an article by Ariel Wittenberg in E&E News. “This is good news for lawyers, but it is not going to be settled at all.”

Pruitt’s EPA then moved to finalize the Obama WOTUS rule on Jan. 31 but with an “applicability date” set for two years away. The announced intent was to overhaul the rule by pulling back federal jurisdiction over streams and wetlands.

“Today, EPA is taking action to reduce confusion and provide certainty to America’s farmers and ranchers,” Pruitt said in a news release. “The 2015 WOTUS rule developed by the Obama administration will not be applicable for the next two years, while we work through the process of providing long-term regulatory certainty across all 50 states about what waters are subject to federal regulation.”

In the interim, the EPA has announced that it will revert to previous policies and guidelines drafted following the confusing Supreme Court ruling.

You can guess what happened next. On Feb. 6, a total of 10 states, including Washington, plus Washington, D.C., filed a lawsuit in New York, claiming that Pruitt’s delaying tactics were illegal. The state officials, led by New York Attorney General Eric Schneiderman, argued that the federal government ignored the federal Administrative Procedures Act by adopting the revised rule without a meaningful comment period and in disregard of the Clean Water Act’s underlying intent of protecting the nation’s waters.

“The agencies have now suspended the Clean Water Rule without consideration of the extensive scientific record that supported it or the environmental and public health consequences of doing so,” the lawsuit (PDF 1.9 mb) says.

On the same day, the implementation delay was challenged in a separate lawsuit (2.6 mb) by two environmental groups, Natural Resources Defense Council and National Wildlife Federation.

“The Agencies’ only proffered rationale for the suspension is that it will promote regulatory clarity and certainty,” the lawsuit says. “In light of the administration’s open antipathy for the rule’s provisions, that rationale rings hollow. But it is also belied by the record. There is no evidence that suspending the rule will promote clarity or certainty, and ample evidence that suspending the Rule will create confusion and uncertainty.”

In Ariel Wittenberg’s story in E&E, Georgetown Law professor William Buzbee talks about how messy things have become.

“If the administration had taken the time to put out proposals that truly and fully engaged with the merits of the Clean Waters Rule and tried to come up with a new read, then it would be ordinary days in the courts,” he was quoted as saying. “But anything they do now, given their proposals, is likely to be legally vulnerable.”

Now the possibility exists that some courts could delay implementation of the original WOTUS rule while others reject the two-year delay. In any case, there is no end in sight to the legal battles, and nobody can be certain about what kind of projects will require federal permits.

Washington officials build state’s case against offshore oil drilling

If oil companies were secretly interested in drilling off the Washington coast — which is doubtful — then I suspect that state and tribal officials scared them off yesterday.

It’s one thing for an oil company to sign a lease with the federal government. It’s quite another thing to go up against other sovereign governments determined to use every means to make the venture unprofitable.

Participants in press conference, left to right: Attorney General Bob Ferguson; Gus Gates, Surfrider Foundation; Gina James, Quinault Nation; Larry Thevik, Dungeness Crab Fisherman’s Association; Gov. Jay Inslee; Commissioner of Public Lands Hilary Franz; Ocean Shores Mayor Crystal Dingler; and Chad Bowechop, Makah Tribe. (Click to enlarge)
Photo: Governor’s Office

In a press conference yesterday, Gov. Jay Inslee said the Legislature could pass laws that establish new taxes or limit the use of port facilities needed to service oil rigs.

“We could set up our own safety standards, for instance, that frankly the industry may not be able to meet,” Inslee said. “So, yes, we have multiple ways. Counties and cities would also have jurisdiction.

“What I’m saying is that when you have a policy from a president that is uniformly reviled in the state of Washington both by Republicans and Democrats, there are so many ways that we have to stop this — and we’re going to use all of them.”

The entire press conference is shown in the first video below.

In a two-page letter to Secretary of Interior Ryan Zinke, Inslee wrote, “I urge you in no uncertain terms to respect our local voices, our state’s laws, and our hard-working families by removing Washington’s coasts from any subsequent plan your department may propose to expand oil and gas leasing in this country.”

As Inslee prepared to take another question at the press conference, Public Lands Commissioner Hillary Franz, who oversees the state’s forests and aquatic lands, quickly wedged up to the microphone. She pointed out that Washington state has the authority to lease — or not — much of the deep-water areas in Puget Sound and along the coast, including areas used by local ports. The state would have a say over almost any infrastructure the industry might need to develop along the shore, she said.

In addition, the state has ownership over vast shellfish resources, Franz noted, and so state officials would have a clear interest to protect against any damage that might result.

Attorney General Bob Ferguson said if the leasing plan goes through, it would be challenged in court on many grounds. Just one example of a legal violation, he said, is the off-handed way that the Trump administration exempted the state of Florida from the leasing plan.

“It was completely arbitrary,” Ferguson said at the press conference. “It’s a classic example of how this administration rolls something out; they haven’t thought it through; and they take an action that we think will help make our case against it.”

Ferguson laid out his legal, moral and practical arguments against offshore drilling in a long five-page letter, which included this comment: “The proposal to open the Pacific Region Outer Continental Shelf to oil and gas leasing is unlawful, unsafe and harmful to the economy and natural beauty of Washington’s coastline. As Attorney General, my job is to enforce the law and protect the people, natural resources and environment of my state, and I will use every tool at my disposal to do so.”

Chad Bowechop, policy adviser and member of the Makah Tribe, explained that tribes have legal rights under the treaties to protect the environment in their native lands. He noted that the press conference was being held in the very room where legislation was signed to dispatch a rescue tug at Neah Bay. The bill was the result of oil spills that had damaged the natural and cultural resources of the area.

“We’re very proud of our working relationship with the state of Washington Department of Ecology Spills Program and with the United States Coast Guard,” he said. “Our basis of objection to this issue is based on our cultural and spiritual values. Our spiritual values hold the environment and the ocean resources in spiritual reverence.”

Drilling, he continued, would be in conflict with the tribe’s cultural and spiritual values. As a legal trustee of the ocean’s natural resources, the tribe “will pledge to work closely with the other resource trustees,” meaning the state and federal governments to prevent offshore oil drilling.

Early today, Washington Sen. Maria Cantwell appeared on the Senate floor to protest the oil-drilling proposal. She talked about the natural resource jobs that would be threatened by drilling activities. Check out the second video.

Now that Alaska Gov. Bill Walker has asked the Trump administration to dial back the offshore drilling proposal in his state, all the West Coast governors stand in opposition to the drilling plan. In a press release, Walker said he supports offshore drilling, but he wants Zinke to focus on the Chukchi and Beaufort seas along with Cook Inlet.

“I support removal of potential sales in all other Alaska waters for the 2019 to 2024 program,” he said, “and I will encourage the Interior Department to include the longstanding exclusions for the Kaktovik Whaling Area, Barrow Whaling Area, and the 25-mile coastal buffer in upcoming official state comments on the program.”

Alaska’s congressional delegation, all Republicans, previously made the same request in a letter to Zinke. The members are Sens. Lisa Murkowski and Dan Sullivan and Rep. Don Young.

Except for three U.S. representatives, Washington’s and Oregon’s entire congressional delegations — four senators and 12 representatives — signed a joint letter to Zinke asking that both states be excluded from further leasing plans.

“The states of Washington and Oregon have made clear through local, state, and federal action, as well as extensive public comment, that oil and gas lease sales off the Pacific Coast are not in the best interest of our economies or environment,” the letter says. “The Department of the Interior’s proposal to consider drilling off the states we represent, absent stakeholder support and directly contradicting economic and environmental factors of the region, is a waste of time, government resources, and taxpayer dollars.”

The only Washington-Oregon lawmakers not signing the letter are Reps. Dan Newhouse and Cathy McMorris Rodgers, both Republicans representing nearly all of Eastern Washington, and Rep. Greg Walden, a Republican representing Eastern Oregon.

Amusing Monday: Plenty of Super Bowl ads show water in some role

It was easy to find water in this year’s Super Bowl commercials. In fact, some of the most entertaining ads featured water prominently, while others contained clear references to it. So I’m happy to continue the after-bowl tradition of reviewing commercials that people enjoyed during the big game.

One of my favorites was a pairing of fire and ice, a promotion of both a spicy new version of Doritos and a new lemon-lime variant of Mountain Dew, featuring Peter Dinklage and Morgan Freeman. Brian Steinberg of Variety magazine called the commercial “colorful and full of music and surprising raps.”

“That’s a tough order and sort of a challenge, but they found a clever way to do it,” said Ed Cotton of the independent ad agency Butler, Shine, Stern & Partners, as quoted in the Steinberg piece.

In general, Steinberg and other observers noted how advertisers this year seemed to shy away from politics and socially minded issues in favor of entertaining commercials about entertainment — that is, promotions for a lot of new movies and TV shows.

Margaret Johnson, chief creative officer for the agency Goodby, Silverstein & Partners, which created the Doritos-Mountain Dew ad, said she noticed a humanitarian theme this year and not so many women running around in bikinis, according to an article by Sapna Maheshwari in the New York Times.

“I was just thinking that one thing I haven’t seen are those ads that objectify women, which is refreshing,” Johnson was quoted as saying. “And guess what? There’s still funny stuff on the air. We’re making progress.”

One commercial with a strong water connection showed a cadre of Vikings towing their Ram truck across the ocean to get to the Super Bowl while singing “We Will Rock You.” They turn back when they find out who is playing in the game. The second video on this page is an extended version of the commercial you might have seen on television.

Many of the commercials viewed yesterday actually hit the Internet before the Super Bowl. In the month leading up to the game, the one that got the most hits featured Budweiser water, according to Business Insider magazine. The notes on the company’s YouTube video said Budweiser employees helped provide 79 million cans of water to people affected by natural disasters across the United States since 1988.

The second-most watched commercial before the game was a promotion for a movie called “Dundee” that nobody will ever see, because this series of ads is strictly an effort to get people to visit Australia. Three ads feature characters who might work well together to create an exciting movie. The titles are “Dundee — Official cast intro trailer,” “Dundee — Water Buffalo,” and “Dundee — The Son Of A Legend Returns Home.

But for all the promise of glory, the true nature of the visit is revealed in the amusing final video on the homepage of Tourism Australia.

One low-key commercial focuses on the true value of water. I’m not sure how well the message came through during the 30-second spot, but it’s another commercial in a long-running series by actor Matt Damon, cofounder of water.org. This organization helps to improve the health of people in third-world countries by providing permanent sources of drinking water.

This Super Bowl commercial encourages people to purchase a limited-edition glass with the logo of Stella Artois, a Belgian beer. The “chalices” were designed by female artists from three countries to reflect the different styles of Mexico, India and the Philippines. Check them out at water.org. According to the promotion, the $13 derived from each sale is enough to provide clean water for a variety of uses to one person for five years.

A funny commercial that has received little attention in the advertising media depicts some elderly folks still getting up to an alarm and going to work in a variety of occupations. The ad, by Etrade, encourages investment by younger people, so they won’t be tossed around by a firehose in their older years, as shown at the end of the piece. Tagline: “Over 1/3 of Americans have no retirement savings. This is getting old. Don’t get mad. Get Etrade.”

Another commercial I liked features water in a minor role, while no less than six celebrities toss out humorous lines. In “Alexa Loses Her Voice” — the Amazon commercial voted the best of the day in a USA Today survey — actress Rebel Wilson “sets the mood” while Alexa is out of service.

Michelob’s “I Like Beer” commercial features lots of people singing the drinking song, including one guy who somehow manages to sing underwater while swimming laps in a pool.

Bringing modern technology to an age-old pastime called fishing

Fishing, which I hear was fairly straightforward in days gone by, has grown more and more complicated in today’s modern world, with growing concerns about fish extinction, poaching and the protection of natural resources.

Technology cannot return us to a simpler time, but there is an event scheduled for next weekend that is designed to make life easier for those interested in fishing, research or environmental protection.

Known as Fishackathon, the two-day event brings together thousands of designers, software developers and fishing experts. Seattle is one of about 40 locations throughout the world where experts will put their heads together to invent technological solutions to some fishing-related problems.

Seattle Fishackathon, which is Saturday and Sunday, Feb. 10 and 11, is still looking for developers who can design and code/build a project, mentors who have expertise in fishing and outdoor issues, and volunteers who can help run the event. Teams can organize in advance and bring any hardware if they plan to build a device.

On Sunday afternoon, spectators are free to watch the demonstrations of projects developed during the weekend. The location is Epicodus vocational school, 1201 Third Ave., in downtown Seattle.

Among the 11 formal “challenges” are these problems looking for solutions:

Easy access to rules: With all the regulations governing fishing today, it is easy to get confused. Wouldn’t it be nice when you’re out in a boat to pull out your smart phone and obtain the fishing rules for that exact location? To meet the challenge, designers are expected to use GPS to map the location on the phone and link to local rules. Among other things, the app would be capable of sounding an alarm if the boat drifts into a closed area.

The worldwide winner of the 2016 Fishackathon was a team from Taipei, Taiwan, which developed an inexpensive sensor that can alert authorities to spawning activities by invasive Asian carp.

Fish identification: For people who have trouble telling one fish from another, this proposed app would use “facial recognition” technology to convert a picture from a smart phone into a positive identification. By stamping the time and location onto the photo, volunteer observers or anglers themselves could help build a database to assist fisheries managers.

Illegal fishing detectors: The goal is a network of small, unobtrusive and inexpensive floats containing electronic equipment that could be deployed over large areas where poaching is suspected. The equipment would include a listening device and software able to distinguish the sound of fishing activity. It could make an audio recording and transmit its location via satellite. A network of such devices would allow for triangulation to the location of the fishing boat, allowing enforcement officials to determine whether the fishing is legal. The equipment could make ocean patrols by authorities far more efficient.

Condition alerts: Fishers and other outdoor enthusiasts would have access to an app for sharing environmental information with authorities and each other in real time. For someone who wants to make a report, the app would call up the location on an interactive map for the person to mark the extent. One could report environmental problems, including algae blooms, fish kills, oil spills, invasive species, and high wind and waves. It could also be used to report conditions at boat ramps, crowded parks, availability of restrooms and poaching activity. The app could also receive reports from others.

Teams may come up with their own concepts, provided they follow the guidelines spelled out on the Fishackathon website.


In 2016, a team from the Monterey Bay Aquarium developed a basic app for helping fishermen follow local regulations in the Philippines.

Fishackathon is coordinated by HackerNest, a nonprofit organization of 75,000 technically inclined people in communities throughout the world. The event was originally supported by the U.S. State Department, which turned it over last year after three annual events, according to Colombe Nadeau-O’Shea, an organizer for HackerNest.

The event is run entirely on donations, and the group is always looking for sponsors, whether it be for the national program or local events, she said.

Amazon Web Services, a primary sponsor, is offering $5,000 to the top winner in each city and $25,000 to the global winner selected among all the city winners. Other prizes are offered at the global level and in some cities.