Category Archives: Business and industry

Map of sea level predictions can assist waterfront owners

A sophisticated analysis of sea-level rise in Puget Sound and along the Washington Coast offers shoreline residents and land-use planners a new map-based tool to assess potential flood hazards for the coming years.

Click on map to access online interactive map
Map: Washington Coastal Hazards Resilience Network

Sea-level rise depends on two factors: how fast the oceans rise and the rate of vertical land shifts. Uplift, such as what occurs along the Washington Coast, slows the rate of sea-level rise relative to waterfront property. Subsidence, which occurs in Central Puget Sound, results in elevated tides sooner than in stable or uplifting areas. One map on this page shows the measured uplift and subsidence and another shows the uncertainty in that measurement.

Ian Miller, a coastal hazards specialist at Washington Sea Grant, has worked on studies that describe sea-level rise in Island County and on the Olympic Peninsula. The new report, titled “Projected Sea Level Rise for Washington State” (PDF 10.4 mb) goes well beyond what he and his colleagues have done before. It takes a more detailed look at where the land is uplifting and subsiding, according to Miller, the lead author on the new report that involves work by scientists at Sea Grant and the University of Washington’s Climate Impacts Group.

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Spring Chinook return to the Skokomish River to start a new salmon run

Spring Chinook salmon are being reared at a new hatchery on the North Fork of the Skokomish River. The hatchery is owned and operated by Tacoma Public Utilities. // Photo: Tacoma Public Utilities

For the first time in decades, an early run of Chinook salmon has returned to the Skokomish River in southern Hood Canal.

These bright, torpedo-shaped hatchery fish are the first of what is expected to become an ongoing run of spring Chinook as part of a major salmon-restoration effort related to the Cushman Hydro Project. Eventually, the salmon run could provide fishing opportunities for humans and orcas.

“it is pretty exciting,” said Dave Herrera, fish and wildlife policy adviser for the Skokomish Tribe. “Our objective has always been to restore the salmon populations that were once here.”

Andrew Ollenburg, Cushman fish facilities manager for Tacoma Public Utilities, reported that 19 spring Chinook — 15 females and four males — have been captured at the base of the lower Cushman Dam on the North Fork of the Skokomish River. As of this week, biologists estimated that 50 or 60 spring Chinook were in the river farther below the dam — and more are coming.

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Amusing Monday: Tying gentrification to climate change with humor

“The North Pole,” a seven-part online political comedy, provides some amusing social connections between climate change and the gentrification of aging neighborhoods.

Set in North Oakland, Calif., the story revolves around close friends who have grown up in the area and find themselves struggling against landlords, corporate greed and ultimately their own social consciences. The setting could just as easily have been Seattle or any other city in which low-income housing is being displaced by condos and cute corner malls.

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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.”

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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.

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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.