Newsletter No. 277 January 11, 2008

1. “CONNECTING THE CUMBERLANDS” – MORE FACTS AND

Since November 8, when Governor Phil Bredesen signed documents that completed the deal for the largest Tennessee conservation project since designation of the Great Smoky Mountains NP and the Big South Fork NRRA (NL276 ¶1), we have learned a few more facts about the complex patchwork of tracts and the variety of conservation methods that constitute the new project. More important, we have entered a new phase -– decision-making on management policies and implemention of such policies.

1A. More facts about the areas

VERY roughly speaking the 127,000 acres is derived from the following components (see below for location):
- an area acquired in fee by the state, carved out of the Emory Tracts … ~10,000 acres;
- a conservation easement on the remainder of the Emory Tracts, owned by Conservation Forestry LLC (one of two participating conservation-oriented timber-investment companies);
- a conservation easement on the Brimstone Tracts, owned by Lyme Co. … ~23,000-acre;
- timber rights on the already existing Sundquist Wildlife Mngt. Area … ~78,500 acres.
[Yes, I know it doesn't add to 127,000 acres, but with the numbers I have, it's near enough – Ed.]
The ~10,000-acre fee-acquisition area (i.e., land now wholly owned by the state of Tennesee), abuts Frozen Head State Park and Natural Area (FHSP/NA) to the west and north. About 3,000 of the 10,000 acres constitute Love and Bird Mountains (roughly flanking the main entrance to the park) which have now, at last, become integral parts of FHSP/NA (as park visitors in the past had sometimes,
erroneously, assumed them to be). To the north and northwest of the rest of the fee area (e.g., across the Emory River) lies the Emory-Tracts conservation easement on Conservation Forestry land. North of a portion of this, lies the ~23,000-acre Brimstone Tract easement on land owned by Lyme Timber Co. Both of these companies are allowed to carry out sustainable timber harvest under strict conditions.
On the already existing ~78,500-acre Sundquist Wildlife Management Area (generally northeast of FHSP/NA) the state has now acquired the timber rights but is leasing them for 10 years to GMO, a timber company (again, under specified conditions of harvesting). We have not yet been able to determine who owns the mineral rights (oil, gas, coal) on the various tracts. County property taxes will be paid by the timber companies for their tracts, and the state will make in-lieu-of-tax payments for the lands it acquired in fee. The working forests on the timber-company lands will provide local jobs.
The total of 127,000 acres of hardwood forests that have been protected under these various schemes link to 66,000 acres of existing public lands (Frozen Head, Royal Blue WMA), creating a wildlife corridor of 300 square miles.
Sources of funds. The $82 million spent for the project by the state of Tennessee was the largest sum any state appropriated for conservation in 2007. The timber-investment companies spent a total of ~$40 million. It was the Nature Conservancy's commitment of $13 million that closed the deal. This money had to be borrowed, and future private contributions toward it will hopefully be matched by certain federal funds. Until the debt is cleared up, TNC will be hampered in completing other large-scale conservation purchases.
For more details on Connecting the Cumberlands, and for photos of the area, visit nature.org/tennessee.

1B. Management policies needed to protect the land and ensure safety
[With major input from Cindy Kendrick and Annetta Watson]

Since state lands now include an additional ~10,000 acres of high-quality as well as potentially fragile lands around Frozen Head State Park and Natural Area (i.e., the Emory fee acquisition), it is incumbent on the state to (a) perform a resource inventory, (b) generate a management plan compatible with such an inventory, and (c) ensure sufficient staffing to implement and enforce management policies. These prerequisites naturally take time; therefore, TCWP is recommending that interim measures be quickly put in place to protect the natural resource from continuing damage and to insure the safety of visitors to the Emory fee area.
We strongly support the state's decisions to establish the Love and Bird Mountain tracts (~3,000 acres) as no-hunt and no-ATV areas and to prohibit recreational ATV (All-Terrain-Vehicle) use on all ~10,000 acres of the Emory fee tract. We also support carefully controlled hunting, with appropriate buffer zones, on the remaining ~7,000 acres of the Emory fee tract.
The State almost immediately opened these 7,000 acres to all-season hunting and continuous vehicular access. Although the state requires vehicles to remain on roads, the self-enforcement upon which they have relied has failed to keep ATVs and other 4-wheel-drive vehicles out of streams and other sensitive areas. The opening of access to several previously restricted roads is viewed as a “welcome” sign for ATVs and has produced an unenforceable situation in light of the very limited number of enforcement staff. The state has placed management of hunting on the Emory tracts under TDEC and has not involved TWRA.
Further, there is pressure for even further expansion of hunting and ATV access to Bird and Love Mountains. Hunting is already allowed in the easement tracts (altogether ~42,000 acres) and in the ~78,500-acre Sundquist WMA..
The greatest potential danger to the vulnerable landscape comes from ATVs, vehicles that are often used by hunters. These vehicles can cause serious, and possibly irreparable, damage to the soil, to plant life, and to water resources (creeks and wetlands) and to cultural resources. Noise and fumes seriously disrupt animal populations, including birds during their mating and nesting periods. Loosely controlled hunting activities, especially with high hunter densities, high hunt frequencies, and high-powered weapons, can also pose dangers to all people (including hunters) visiting the forests as well as to wildlife resources.
TCWP has been invited to serve on the stakeholder panel that is being set up to advise TDEC on land use and management in the Emory fee area. We have recommended that until there has been time to institute and enforce soundly founded policies, vehicular access to the entire fee area be prohibited (except for that needed by state staff or personnel servicing gas and oil wells). Further, in those portions of the fee area where hunting is permitted, hunt management techniques (such as archery-only or muzzleloader-only hunts) should be instituted that have proved successful on other TDEC lands in protecting human safety and natural resources.

2. OBED CAPSULES

2A. Decisions nearing on US127 North, in Obed watershed

The portion of US127 north of Crossville, for which a major reconstruction project is being planned traverses an important part of the watershed of the Obed River (specifically, the Clear Creek watershed). Over the past couple of years, the Tennessee Dept. of Transportation (TdoT) has been very conscientious over encouraging citizen input into the planning. From a number of alternatives, the Citizens' Resource Team chose not to reroute the road (which would impact farms and undeveloped land) but to have improvements and widening generally follow the existing route (BLUE option).
Recently, TdoT released its Draft Environmental Impact Statement, in which this recommended option was, indeed, designated as the preferred alternative. Two final public hearings were held December 4 and 6, and the comment deadline has been extended until January 28. The final EIS, with the Commissioner's choice of alignement, is expected in February.
The draft EIS may be viewed at www.tdot.state.tn.us/US127N/library.htm

2B. Improvements at Lilly Bluff overlook

Obed WSR Site Manager Phil Campbell writes: “For those folks that have not been out to view Clear Creek from the Lily Bluff Overlook recently, we want to encourage them to come out and see. The Park has made some improvements to the site this past year to include replacing the "board" walk with recycled lumber and adding some wayside interpretive exhibit panels at the overlook itself.”

2C. Stream Recovery Project funded again

For 2007, the Obed Watershed Community Association (OWCA) had a grant from TDEC (TN. Dept. of Environment & Conservation) to carry out watershed education in the Obed watershed. This grant has now been extended for a second year. OWCA announced in December that it intends to continue work in the One Mile Creek, Spiers Branch, and Long Branch watersheds, and that it will expand its work to the Upper Obed and to the upper branches of Byrds Creek.
OWCA is located at 185 Hood Drive, Crossville, TN 38555. You can visit them on the web at www.ObedWatershed.org.

3. TENNESSEE NEWS

3A. The dangerous “ditch bill” STILL needs defeating – our water supply is at stake!

We strongly opposed SB.1253 (Burchett)/HB.0865(Harrison), last year (NL273 ¶3B), and temporarily warded off passage when the Senate bill was referred to a joint study committee that was to meet later in 2007 and recommend action for 2008. Because of a legislative problem (NL276 ¶4A), there never was a joint study. The Senate committee, however, held a half-day hearing on November 13, weighted by bill supporters.
SB.1253/HB.0865 is a very dangerous bill that threatens Tennessee's Clean Water Act and, in fact, our sufficient supply of clean water. The measure would exclude “narrow run-off ditches that are dry a majority of the year” (in other words, intermittent streams) from the definition of “waters” in the Water Quality Control Act (TCA Sec. 69-3-103). These “dry ditches” are, of course, the headwaters of our streams (wet-weather conveyances), and whatever is dumped into them will find its way into our rivers the next time it rains. What happens to them affects our entire water supply.
Not surprisingly, the Bredesen Administration opposes the bill. Narrowing the definition of “waters of the state” would essentially deprive the state of much of its authority to regulate pollution of our waterways. It would also jeopardize more than $2 million of federal funding for TDEC. Currently, almost 12% of all permits by the Tennessee Division of Water Pollution Control cover wet-weather conveyances. These water sources are potentially at risk from agriculture, construction, and coal surface mining – especially if the federal government scuttles the rules on stream buffer zones, as seems likely (NL276 ¶2). It would be a dismal outcome for the state to lose its ability to regulate our supply of clean water – and even more so in a time of drought!
It is very important that you inform the senators of the dangers posed by this bill, which is, unfortunately supported by powerful business organizations, land developers, and large farm groups.

3B. Do you know what your mineral rights are? (Surface rock being mined on Cumberland Trail)
[Contributed by Sandra Goss]

Nearly immediately after its creation, a section of the Cumberland Trail was closed to public use because of the public-safety concern caused by surface-rock removal on park property. The holder of the mineral rights, LaHiere-Hill, claimed that surface rocks are a mineral. The Tennessee Department of Environment and Conservation (TDEC) filed a suit in the Hamilton County Chancery Court to stop the rock removal. The court opinion and order, issued on April 4, 2007, did not stop the rock removal from this State Park land, but provided limited protection for the trail. The state is likely to appeal. If so, TCWP and other organizations will ask the court for permission to file an amicus curiae (friend-of-the-court) brief on this issue, thus supporting the state. The issue of surface-rock mining needs to be settled by legislative action. This is a problem not only for public land but for private property as well. If property owners do not own their mineral rights, their property presently appears to be vulnerable not only to coal or oil mining but to the damages that surface-rock blasting and removal can cause.

3C. State legislature back in session

On January 8, the General Assembly returned for the second half of its session. Much of the 2008 legislative business will be enacted between the time you read this NL and our next one, so watch for special alerts in your e-mail and on the TCWP website (www.tcwp.org). Our Political Guide, from which you can learn how to contact legislators, is also on our website (and, hopefully, you still have the paper copy we mailed last year; if not, contact us to request one).
Enclosed with this Newsletter is the TCV's Legislative Scorecard for 2007. As noted earlier (NL276 ¶4B), scoring is based on (a) floor votes, (b) committee votes, and (c) bill sponsorship. The 2007 top-ranked Senators are Rosalind Kurita, Beverly Marrero, Raymond Finney, and Doug Jackson. The top-ranked Representatives are Mike McDonald, Mike Turner, Brenda Gilmore, Frank Buck, and Gary Moore. To see all the scores and read about the issues on which legislators were rated, visit the TCV web site at www.tnconservationvoters.org.
In the House, there are 53 Democrats and 46 Republicans; in the Senate, 16 each, plus one Independent. The House Speaker is Jimmy Naifeh (D, from Covington), and the Senate Speaker is Ron Ramsey (R, from Blountville). House Democrats recently launched a new website, www.tnstatehousedems.com with news of House actions and several specialized links. Visitors to the site can also sign up to receive regular e-mail updates.

3D. Pigeon River Needs Our Help!
[Contributed by Sandra Goss]

The paper mill in North Carolina that affects water quality on the Pigeon River (Evergreen Packaging, formerly Blue Ridge Paper Products) must renew its NPDES (National Pollution Discharge Elimination System) permit. A Technical Review Workgroup has been meeting to decide on recommendations to North Carolina's Division of Water Control (DWC). The Workgroup includes regulators from TN and NC, as well as from the US Environmental Protection Agency's Atlanta office (HQ for Region 4, which covers 10 southeastern states).
After the Workgroup recommendations are reviewed, the DWC will issue a draft NPDES and set a hearing date followed by a 30-day comment period. This is likely to occur before our March Newsletter is published; therefore you might like to have your e-mail address added to the list of those we will keep updated on this issue.
TCWP will be sending written comments on the NPDES permit, and, if at all possible, a TCWP representative will attend the hearing to speak on behalf of Tennessee's waters. Many thanks to TCWP member Mike Kohlenberger for his work to keep us informed and involved in this issue.

3E. Corridor K: environmentally destructive and hugely expensive
[Contributed by Sandra Goss]

“Corridor K” is a proposed route between west of the Ocoee River and State Route 68 near Ducktown, Polk County, Tennessee. Proponents claim that such a corridor would bring much economic development to the area which, they say, is presently inhibited by the existing narrow and slow road along the Ocoee River.
Any new road would traverse the Cherokee National Forest (Tennessee's only national forest). One proposed new route follows the Kimsey Mountain Forest Service Road, which has a 9% grade for over 2 miles, descending into the Copper Basin. This road separates the Hiwassee and Ocoee watersheds and runs along the northern boundary of the Little Frog Wilderness. Building a major road in this location would eliminate a significant portion of Southern Appalachian back country.
With the year-end completion of the Corridor-K Economic Development and Transportation Study by Wilbur Smith Associates, the Tennessee Department of Transportation (TDOT) has asked for letters of interest from professional design/environmental management firms for “the preparation of a Transportation Planning Report (TPR), NEPA documents and the implementation of a Context Sensitive Solution/Design (CSS/D) approach.”
Tennessee receives approximately $700 Million annually (a continually decreasing sum) in Federal Transportation Funds, and the state must provide 20% of the costs of projects. The high expense of building in the available terrain means that a Corridor-K project would use up approximately 2½-3 years of the state's entire Federal Transportation funds.
A number of groups, including TCWP, participate in regular conference calls regarding the proposed road. Strategies are being devised to inform the public about the financial boondoggle and environmental threats such a project would entail.
TCWP is writing a letter to Gov. Bredesen and copying TDOT Commissioner Nicely. We will explain that the road, which would serve but a very small percentage of Tennessee drivers, would eat up most of the state's transportation budget for several years.

3F. 2007 Summit for a Sustainable Tennessee
[By Chris Ford (TCV) and John McFadden, (TEC)]

More than 200 citizens (including TCWP executive director Sandra Goss) representing at least 80 Tennessee communities, organizations and agencies gathered at Lipscomb University in Nashville on November 15, 16, and 17 to begin a multi-phase, year-long process of crafting the state's first sustainability agenda. Assembled under the banner “Many Voices. A Common Vision,” the participants spent three days in working meetings outlining key issues and goals, and discussing strategies and tactics for sharing resources and information. The Summit for a Sustainable Tennessee was organized by the Tennessee Environmental Council (TEC) and Tennessee Conservation Voters (TCV) with help from dozens of volunteers from several local and statewide organizations. Sandra, representing TCWP, is a member of the TCV Policy Council.
The goal of the Summit and the ongoing visioning process is to develop a working plan for raising Tennessee's overall quality of life by making the state more sustainable. Two closely related, over-arching themes emerged from the Summit: (a) the need to raise public awareness about the urgency of responding quickly and boldly to growing environmental threats to the state's climate, water, air, wildlife and natural landscape, and (b) the overwhelming economic benefits in store for the thousands of Tennessee households, communities and companies that are shifting to more sustainable products, policies, and practices.
Scores of scientists, engineers, ecologists, executives, farmers, educators, activists, organizers, students and other interested citizens examined issues and opportunities related to clean energy, natural infrastructure, healthy communities, quality growth, and sustainable design and development. A wide range of creative approaches was proposed at the Summit, focusing around the idea of “sustainability” as a source for economic opportunity and community vitality.
There will be Regional Opportunity Forums held across the state, with University of Tennessee Knoxville the site of the first event, scheduled for Thursday, January 24 (see ¶9, this NL, Calendar, for details) For Summit summary information and news about upcoming Opportunity Forums, visit: www.sustainabletn.org.

4. LAND CONSERVATION ACTIONS IN THE REGION

4A. TPGF buys Devilstep Hollow Cave and Head of Sequatchie Spring

The Sequatchie River in its beautiful valley does not have any headwaters in the ordinary sense – it comes gushing out of the ground in a couple of springs at the head of the Valley. One of the springs issues from the base of the massive entrance to a cave that is decorated with more than 20 thousand-year-old drawings, Devilstep Hollow Cave. This is karst country, and the spring has collected the waters that went underground 3 miles up the valley, in Grassy Cove, a huge (8 x 3 miles) scenic “sinkhole” surrounded by mountains that rise 1,000 feet above the Cumberland Plateau. Heaven on Earth!
The cave and the spring are located on a ~400-acre tract that has now been purchased by the Tennessee Parks & Greenways Foundation, which hopes that the state will purchase it from them for inclusion in the Cumberland Trail State Park (small cabins on the property may become a hostel for through-hikers on the 300-mile-long trail). In the meantime, TPGF has had to borrow about $2 million on which it is paying heavy interest, limiting its ability to purchase other significant lands.
For more information, you can contact TPGF at 615-386-3171.

4B. Land conservation in the Blue Ridge region
[Information from the Asheville Citizen-Times, 11/27/07]

Areas adjacent to the Appalachian Trail and Blue Ridge Parkway, and tracts in the ecologically rich Highlands of Roan and in the Little Tennessee River basin will be the beneficiaries of a $105,000 grant from the Merck Family Fund to the Blue Ridge Forever campaign. This campaign supports the work of several local land trusts and conservation organizations that are encouraging land owners to sell or donate conservation easements in order to protect the region from rapid, poorly planned, development. In addition to Merck's collective gift to the campaign, two of the local land trusts (including the Southern Appalachian Highlands Conservancy) received individual grants from the fund.
Developed land has increased 77% in Western North Carolina in the last two decades. Without coordinated efforts in conservation, the mountains could lose 500,000 acres of forests, farms, stream banks and wildlife habitats by 2022 – an amount almost as large as the Great Smoky Mountains National Park.

4C. Commissioners to address Alliance for the Cumberlands
[Contributed by Sandra Goss]

The Third Annual Conference of the Alliance for the Cumberlands will be held at Cumberland Mountain State Park on Monday, February 25. On the agenda are TDEC Commissioner Jim Fyke and Commissioner of Economic and Community Development Matt Kisber. The cost will be $25 per person, with a $5 discount for any person who is a member or employee of any of the Alliance's member organizations (TCWP is a charter member)! The RSVP deadline is Feb. 11. The agenda and details for the day will be up on our website soon.

5. NATIONAL ISSUES

5A. FY08 appropriations for public land programs
[Information from the Wilderness Society]

Here are a few items of interest extracted from the massive 2008 omnibus appropriations bill.
• Land & Water Conservation Fund (LWCF)
$129.7M for the federal side and $24.6M for the state side (which the Administration had wanted to zero out -- NL274 ¶9A). The total of $154.3M is 2½ times what the Bush budget proposed (NL274 ¶9A), and $13M above the amount enacted for FY07. While this slight increase is encouraging, a much greater investment will be needed to prevent the rapid disappearance of high-quality open space, and especially of forests. The Forest Service has estimated that, by 2030, over 40 million acres of private forests will be replaced by developments.
• Forest Legacy Program
$52.2M (compared to $57M in FY07). The Bush budget proposed $29.3M (NL274 ¶9A).
• National Park Service
An increase of $122 million above FY07 will help the NPS increase the number of rangers. The bill also takes a step in the right direction by removing outdated language left over from the previous Congress that allowed 720 snowmobiles per day in Yellowstone.
• National Wildlife Refuge System.
An increase of $38.8 million over the FY07 funding level, for a total of $434.1 million in FY08. Due to sustained under-funding (NL270 ¶8B), the Refuge system was prepared to reduce its workforce by 20% nationwide. Nearly 300 jobs have already been eliminated, and another 300 positions would be lost if no additional funds were provided. This substantial increase in the omnibus package will be directed to stem the proposed staff reductions.
• US Forest Service
The USFS roads program is receiving an overall increase, but the focus has changed in favor of maintenance and urgent decommissioning of roads. A new program, the Legacy Road and Trail Remediation program, funded at $39.4M, addresses national forest roads that are causing water-quality problems. The Forest Service is also directed to plan timber sales in areas where roads exist, instead of constructing new roads.

5B. Don't permit ready-to-fire guns in national parks!
[Information from NY Times, 1/7/08]

There has long been a ban on carrying ready-to-fire weapons in national parks and wildlife refuges. Some 47 senators (mostly Republicans, but including Baucus [D-MT]) consider this to be an infringement on gun owners' rights and have written to Secretary of the Interior Dirk Kempthorne, asking him to lift the ban. The ban has thus become just one more gun law that is under attack, thanks to the National Rifle Association's unbridled influence in Congress and in the state legislatures. It is, in fact, permitted to carry guns into parks and refuges, but they must be in a condition “that will prevent their ready use.” The 47 senators charge this requirement to be “confusing, burdensome and unnecessary.”
We hope Secretary Kempthorne will bear in mind the rights of the vast majority of citizens, who choose not to carry guns. To say nothing of the rights of the many critters that enjoy survival in these federal lands. As the NY Times reminds us, “national parks and refuges are federal lands set aside as peaceful preserves for all the species that enjoy them, including humans”

5C. Comparison of Presidential candidates on global warming policy
[From League of Conservation Voters (LCV)]

Democratic contenders (Clinton, Edwards, Obama)
• Limiting greenhouse-gas (GHG) emissions: All support a mandatory cap on emissions, and 100% auction of pollution permits (i.e., polluters pay for permits).
• Amount of GHG reductions: All support 80% reduction by 2050.
• Renewable energy standard (currently, the US gets only 2% of its electricity from renewable sources): All support 25% by 2025.
• Fuel efficiency for vehicles: Clinton, 40 mpg by 2020 and 55 mpg by 2030; Edwards, 40 mpg by 2016; Obama, 52 mpg by 2026.
• Coal plants: Clinton, phased-in requirement to have new coal plants capture and store carbon emissions; Edwards, moratorium on new coal plants unless they capture and store carbon emissions; Obama, consider a moratorium on new coal plants if mandatory cap (see above) does not slow constructon of new plants.
• Liquid coal (LC, please see NL275 ¶6D and NL276 ¶8F): Both Clinton and Obama supported investing in LC if it reduces carbon pollution 20% over that produced by gasoline in 2007. Both Edwards and Richardson oppose investment in LC.
• Energy efficiency: All strongly support with slightly different specific numerical targets.
Republican contenders (Giuliani, Huckabee, McCain, Paul, Romney, Thompson)
• Limiting greenhouse-gas (GHG) emissions: Only Huckabee and McCain support a cap, but have no articulated position on auction. Giuliani opposes cap; Romney would consider cap only globally; Paul and Thompson have no stated position.
• Amount of GHG reductions: McCain authored bill to reduce emissions 65% by 2050. The others have no stated position.
• Renewable energy standard, RES (currently, the US gets only 2% of its electricity from renewable sources): Giuliani opposes any RES; Thompson opposed while he was senator; Paul and Romney have no stated position; McCain wants state and local governments to create their own RES; Huckabee supports 15% by 2020, but includes nuclear and “clean” coal in the 15%.
• Fuel efficiency for vehicles: Giuliani and Romney oppose any mandatory standards; Paul and Thompson opposed 33 and 35 mpg, respectively, in past Congresses; Huckabee supports 35 mpg by 2020; McCain supports increase, with no numbers or dates specified.
• Coal plants: McCain wants new plants to be compatible with carbon capture and sequestration; all others support the use of conventional coal.
• Liquid coal (LC, please see NL275 ¶6D and NL276 ¶8F): McCain believes LC will be viable if pollution-control technology is advances. Giuliani, Romney and Thompson support LC; Huckabee and Paul have no stated position.
• Energy efficiency: All (except Paul, who has no stated position) express general support for efficiency without specifying targets.

5D. Comparison of Presidential candidates on selected other issues
[From League of Conservation Voters (LCV)]

• Lifetime LCV scores (only for candidates who are/were in the US Congress):

Cliton	90
Edwards	59 (many “absent” votes during 2003/04 Presidential campaign)
Obama	96
Mc Cain	26
Paul	30
Tompson	12

• Position on Arctic National Wildlife Refuge:
All Democratic contenders support permanent preservation of the Refuge.
McCain opposes drilling at this time; all other Republican contenders support and/or have voted for drilling in the Refuge.
• Reinstatement of the 2001 Roadless Area Conservation Rule:
All Democratic contenders support this.
McCain did not answer this question on LCV's Presidential Candidate Questionnaire. None of the other Republican contenders returned the questionnaire.
• Protection of water resources (including intermittent streams and isolated wetlands):
All Democratic contenders support this.
McCain did not answer this question on LCV's Presidential Candidate Questionnaire. None of the other Republican contenders returned the questionnaire.

5E. Some National Forest protections are restored

Standards adopted in 1982 under the National Forest Management Act (NFMA) mandate that the Forest Service (USFS) protect wildlife in the national forests. The 1976 Act requires public review of the environmental impacts of proposed national forest plans governing timber harvest levels and natural resource protection. In 2005, the Bush Administration promulgated a Rule that eliminated these requirements from the forest planning process (NL259 ¶5).
Several conservation groups, represented by EarthJustice, went to court, and in March 2007, U.S. District Judge Phyllis Hamilton enjoined the USFS from implementing its 2005 Rule until the agency had fully complied with NEPA and the Endangered Species Act. Instead of complying, the USDA (which includes the USFS), together with two large timber-industry organizations as intervenors, appealed Judge Hamilton's ruling. But last week, USDA (and the timber organizations) decided to withdraw their appeal.
The national forest planning rules therefore remain standing as originally promulgated. One of the EarthJustice attorneys remarked that these rules “are like the Constitution for our national forests, and the Bush administration tried to throw out the Bill of Rights." But they didn't succeed!

6. ENERGY LEGISLATION; GLOBAL WARMING

6A. Energy bill finally becomes law, retaining many, but not all, good features

As you may recall (NL276 ¶8A) the separate versions of the energy bill that emerged from Senate and House committees during the summer, though similar in many respects, each had one important feature that the other lacked (NL275 ¶6A). The bill passed June 21 by the Senate (NL274 ¶8A), raised the corporate average fuel economy (CAFE) standard to 35 mile per gallon by 2020. But when the House passed its version of the Energy Bill in August, it did not raise the CAFE standard, because of opposition by Rep. Dingell (D-MI), a strong advocate for the auto industry. On the other hand, the House bill contained a renewable energy standard (RES) absent from the Senate bill; specifically, it included a requirement for utilities to produce at least 15% of their electricity from a combination of energy efficiency and clean, renewable sources (such as the wind and sun) by the year 2020.
In late November, Speaker Nancy Pelosi succeeded in working out a compromise with John Dingell by which he acceded to raising the CAFE standard in the House bill in return for certain incentives to the auto industry (e.g., for producing small cars in the US, and cars that run on a combination of gasoline and ethanol). The bill (which now contained both of its most important features, as well as many other good ones) passed the House by a wide margin, even though many Republicans called it a “non-energy bill” because it will not spur more domestic production of oil or gas, nor support coal. Pres. Bush threatened to veto it.
The bill went to the Senate on December 13, and, as usual, the Republicans chose to filibuster, i.e., 60 votes were now needed for cloture (instead of a simple majority of 51 to pass the bill). The vote was 59 : 40, i.e., cloture failed by one vote; the 59 included all but one of the Democrats and Independents, plus 9 Republicans (Sens. Alexander and Corker were not among them). Sen. McCain was absent. The following day, however, Majority Leader Reid again brought up the bill and got it passed -- after removing the renewable electricity standard (RES) and taxes on the oil industry that would have supported development of renewable energy sources and energy-saving devices. The bill passed by a comfortable margin and was signed by the President.
Although important provisions of the bill had to be dropped, the increase in CAFE standards to a fleetwide average of at least 35 miles per gallon by 2020 is of major significance. It will save 1.1 million barrels of oil per day in 2020 (about half of what the United States currently imports from the Persian Gulf), and the reduced oil consumption will reduce greenhouse gas emissions. Prior to passage of the bill, the CAFE standard for cars was 27.5 mpg; it had not changed since 1984. The standard was even lower (22.2 mpg) for light trucks, which include minivans, SUVs, and pickups. Even with the newly required standards, however, (an overall 40% increase in the standard) the fuel efficiency of the US vehicle fleet will still lag considerably behind that of other major industrialized countries. Thus, European automakers must average 40 mpg, and China requires 35 mpg.
In addition to the raised fuel-efficiency standards, the bill also sets new lighting- and building-efficiency standards, and ensures essential environmental protections for biofuels development.

6B. Climate-change legislation

The energy bill just passed (¶6A, above) is a first step on the road toward greenhouse gas (GHG) reduction. Even had the renewable electricity standard (RES) remained in the final law, the measure would have achieved only about one-quarter of the reductions necessary to put the country on a path that stabilizes greenhouse-gas concentrations in the atmosphere (NL275 ¶6A). What is now needed is comprehensive climate-change legislation that – beyond merely addressing vehicular GHG pollution -- charts a long-term path toward net reduction in atmospheric carbon. Scientists have calculated (see A.L. Luers in Catalyst, Fall 2007) that the USA must reduce its greenhouse-gas emissions at least 80% below 2000 levels by 2050 in order to avoid truly catastrophic temperature rises, namely, greater than 2°C = 3.6°F above pre-industrial levels. (See NL276 ¶8B for other assumptions.)
America's Climate Security Act, S.2191 (Lieberman [D-CT], Warner [R-VA]), which was passed 11 : 8 by the Senate Environment & Public Works committee on December 15, approaches but does not quite meet this target. It would use an economy-wide cap-and-trade system to reduce GHG emissions to 63% of 2005 levels (instead of 80% of 2000 levels) by 2050 [check]. There will be an effort to strengthen the bill when it comes to the Senate floor. To date, no companion bill has been introduced in the House. The longer we wait, the greater becomes the rate at which emissions will have to be cut to avoid catastrophe.

6C. Effects of global warming on national parks

The National Parks Conservation Association (NPCA) recently released a comprehensive report, entitled “Unnatural Disaster: Global Warming and our National Parks.” For the Southeast, parks in Appalachia can expect more extreme-weather events, increased air pollution, increased water temperatures, degraded habitat for plants and animals, and other disasters. Parks on the coast, in addition face inundations and destruction due to increased sea level, coastal flooding, and amplified storm strengths. You can view the report online at www.npca.org/globalwarming

6D. Media are neglecting global warming as a campaign issue

Voters are increasingly concerned over the threats posed by global warming. There is a clear need for the country to develop a comprehensive response to the challenge. All Democratic presidential contenders have developed major platforms on the subject, while most Republican candidates have failed to express positions (¶5C, this NL).
Unfortunately, the news media are doing little to help voters learn more about this hugely important problem, or to make up their mind about which candidate is most likely to work for solutions. In a recent study, the League of Conservation Voters (LCV) found that, as of the middle of December, the 5 main political talk-show hosts had collectively asked 2,275 questions of candidates in both parties. Only 24 of these questions (1%) even touched on climate change.

7. OAK RIDGE AREA AND NEARBY

7A. GNEP and the Oak Ridge Reservation

A year ago, the Department of Energy (DOE) announced that the Oak Ridge Reservation (ORR) was one of 13 sites being considered for one or more facilities of Pres. Bush's Global Nuclear Energy Partnership (GNEP) Initiative (NL271 ¶8B). DOE had requested that the suitability of some 4,000- to 7,000-acre site within the Oak Ridge Reservation (ORR) be evaluated. Subsequently, TCWP submitted comments on the scope of the Siting Study for the GNEP (NL273 ¶9A). Our comments were restricted to site selection and did not discuss the merits of the proposal itself, though these also deserved careful scrutiny. We strongly recommended that, should Oak Ridge be chosen for any of the facilities, they be located on “brown fields,” such as the 5,000-acre ETTP site (K-25), which has been decontaminated at great taxpayer expense in order to make it available to new industry. We strongly opposed the wasteful and short-sighted proposal to build GNEP facilities on any presently unspoiled forest area in the Oak Ridge Reservation, and we reiterated our repeated suggestion that a land-use plan for the ORR be generated.
In mid-December, DOE announced that, after evaluating more than 14,000 comments received during the scoping period for the PEIS (=Programmatic EIS), the agency was eliminating two of the three types of facilities from the GNEP. The only project-specific proposal analyzed in the PEIS is for an advanced fuel cycle facility to be located on a DOE site. The PEIS will include the option to move forward with this facility
These changes have required additional time to prepare the Draft PEIS, which is now expected for later this winter. For more information, visit:  

7B. Save Roane Starry Skies

That's the name of a group of Roane County citizens who are working for passage of an ordinance that would reduce light pollution in the night sky of the county and nearby. Light needs to be directed where it is needed and not where it is wasted. This would be accomplished by installing light fixtures that effectively direct light downward, or by modifying existing fixtures so as to accomplish this objective.
The group points out that light pollution diminishes the beauty of the night sky, wastes energy, interferes with bird migration, impairs drivers' night vision, and intrudes on neighbors. For more information go to www.SaveRoaneStarrySkies.org, or contact Bill (W.L.) Marshall at 865-483-0098, or marshallwl5@yahoo.com.

8. TCWP NEWS

8A. Volunteers badly needed for specific tasks, some quite small

TCWP has only one paid staff person, our wonderful executive Director, Sandra Goss, for performing a large variety of tasks. But there's only so much she can do – especially now that her mother requires around-the-clock care. The handling of major issues is generally done by Board members, with Sandra's assistance. Many of our other members would like to get involved but are worried about taking on large, amorphous issues with which they might be only partially familiar and for which there seem no clear limits to the work that may need to be done.
Here, we suggest a number of ways in which a small investment of your time, with discrete limits, could provide a huge service for TCWP and greatly advance the causes we work for. Naturally, we would prepare you for the task with whatever training or information is needed.
• Publicity. This involves creating and disseminating press releases and/or flyers about upcoming TCWP meetings, outing, or other activities.
• Setting up and/or taking down the TCWP display and replenishing supplies for the display (brochures, Newsletters, etc.)
• Representing TCWP at the Community Shares Coordinating Council which meets from 5:00—6:00 p.m. in the downtown Knoxville area on the 2nd Thursday of even-numbered months.
• Preparing for upcoming events. This might include making arrangements for a meeting room, making sure that needed audio-visual equipment is available, getting volunteers to provide refreshments, seeing that we leave the room in good shape.
• New–member recruitment. Mailing out or distributing TCWP literature. Follow-up.
• Writing selected informative articles.
We encourage you to try volunteering for one of these activities. You have nothing to lose – you can always quit if you don't like it. But we think you would enjoy doing something new, meeting very nice people, and feeling the satisfaction of having helped with something that matters. If you want to try, or if you have any question about a task, contact Sandra at 865-522-3809, or at sandra@sandrakgoss.com. Or write to TCWP, 130 Tabor Road, Oak Ridge, TN 37830.

8B. Upcoming activities
[For additional information on any of the listed events, contact Sandra at 865-522-3809, or at sandra@sandrakgoss.com]

Whites Creek Trail Maintenance Day – Saturday, January 26
In the early 1980s, TCWP developed and began to maintain a trail in Rhea County on a TVA tract bordering Watts Bar Lake. This is now the Whites Creek Small Wild Area (SWA) trail, which volunteers have kept up for more than two decades. In more recent years, TCWP, with the generous support of its members, purchased a large buffering tract from Bowater.
Join us for the traditional winter maintenance session. This is part of TCWP's ongoing stewardship of the SWA trail and the land owned by TCWP. In addition to routine trail maintenance chores (brushing and removing limbs and logs) we also plan to install a footbridge across a small stream, map the trail system with a GPS unit, and mark the western boundary of our property. We plan to spend 3-4 hours at the site but people can come and go as they wish.
Participants can meet at 9 a.m. for carpooling at the National Oceanic and Atmospheric Administration (NOAA) on Illinois Avenue, or join the crew at the Whites Creek Trailhead about 10:00 a.m. Participants should wear sturdy shoes and bring work gloves, loppers, and small bow saws or folding saws. Some tools will be available at the site. It is also a good idea to bring water, snacks, and/or a lunch.
Jonathan Overly: “Benefits of Alternative Fuels” – Thursday, January 31
[Contributed by Carol Grametbauer]
TCWP's next quarterly membership meeting will feature Jonathan Overly, executive director of the East Tennessee Clean Fuels Coalition. The ETCFC was started in February 2002 with funding from the Tennessee Department of Economic & Community Development. In January 2004, it was designated an official participant in the Department of Energy's national Clean Cities Initiative, which furthers the use of biodiesel, electricity, ethanol, hydrogen, natural gas and propane in the transportation sector.
Overly, a senior research associate with the University of Tennessee's Energy, Environment and Resources Center, was chosen from among 90 Clean Cities coordinators nationwide as Clean Cities Initiative Coordinator of the Year in 2006. A lifelong East Tennessean, he holds two engineering degrees from UT and is an Eagle Scout.
The meeting starts at 7 p.m. Thursday, January 31, in the Craft Room of the Oak Ridge Civic Center. Bring your friends.
Alley Ford (Cumberland Trail) hike and work day – Saturday, February 23
TCWP is the adoptive organization for the Alley Ford segment of the Cumberland Trail, a segment that runs along the Obed River. At our hike, snip, and saw outing on February 23, we'll enjoy clear views of the beautiful gorge, thanks to the absence of leaves. We'll learn about Tennessee's linear park and about one of the most spectacular river gorges in the Eastern United States.
Participants should wear sturdy shoes and weather-appropriate clothing, and bring water, a snack, gloves, and hand tools, if available. You may carpool from the National Oceanic and Atmospheric Administration (NOAA) parking lot on Illinois Avenue, Oak Ridge, at 9:00 a.m., or join the crew at the Nemo picnic area about 10:00 a.m.

8C. Special mentions

Donald Todd, Jr., of ORNL's Environmental Sciences Division, recently received the Laboratory's Award for Technical Support. His work is in the area of environmental-change research, involving the world's largest and longest-running precipitation experiment. He was cited for his “commitment to understanding basic mechanisms affecting forest biogeochemical cycles.” Don is the son of our long-term beloved member Donald Todd, who died in August of 2005.
Patrick Martin, dear friend to many of our members, passed away at Vanderbilt Hospital on December 28 after a long and valiant battle with lymphoma. He was 50. Patrick, an electrical engineer at ORNL, was happiest when he could be independent in the outdoors. He taught hundreds of people to kayak and to love our East Tennessee rivers. We will miss his great spirit, his sense of values, and his generosity.

9. JOB OPENINGS; CALENDAR; RESOURCES

•• JOB OPENINGS

A. SOCM has two Community Organizing positions.
1. Will staff multi-racial chapter work as well as other social-, economic-, and environmental-justice issues. Must be flexible about location (could be West Tennessee).
2. Will staff a good portion of SOCM'S coal-organizing work, including campaigns around mountaintop removal mining, water-quality policy, and other threats.
For both positions, contact Maureen O'Connell at maureen@socm.org, or write SOCM, P.O. Box 479, Lake City, TN 37769. Time is short!
B. Cumberland River Compact seeks executive director.
The Compact is a nonprofit 501(c)3 organization with a mission to enhance the water quality of the Cumberland River and its tributaries. The Executive Director must have a strong knowledge of non-profit fiscal and grants management; sound knowledge of non-profit business rules and legal requirements; and ability to carry out fundraising responsibilities to ensure that the organization goals are met within the budgetary requirements. Contact the Cumberland River Compact at P.O. Box 41721 Nashville, TN 37204 (615) 837-1151, www.cumberlandrivercompact.org
C. State bicycle/pedestrian coordinator for TDOT (Long Range Planning Division). For further information call Teresa Estes, 615-741-3629.
Deadline, January 22. Apply at http://www.tennesseeanytime.org/tnjobs/

•• DEADLINE and Events
(For details, check the referenced NL item; or contact Sandra K. Goss, 865-522-3809, sandra@sandrakgoss.com)

• January 24, Regional Opportunity Forum, U.T., Knoxville. The conference, a follow-up on the Sustainable Tennessee Summit (¶3F, this NL), will feature panel discussions on such topics as Regional Examples of Diversifying the Eco Community, Forging Non-traditional Partnerships; and Visioning for a Sustainable Tennessee. For more information or to register, visit http://www.tectn.org/regional_opportunity_forums.htm
• January 26, Whites Creek SWA work day (¶8B, this NL).
• January 28, deadline for comments on US127 North (¶2A, this NL).
• January 31, Alternative Fuels talk (¶8B, this NL).
• February 2, 2-5 pm, at the Knoxville Museum of Art, TCWN is partnering with Patagonia to present the Wild and Scenic Environmental Film Festival. For details, see http://www.tcwn.org/events/filmfest.php
• February 5, Vote! (or, Jan.16-31) (¶5D, this NL).
• February 23, Alley Ford hike and work day (¶8B, this NL).
• February 25, Alliance for the Cumberlands Annual Meeting (¶4C, this NL).
• April 12 — Garlic Mustard Pull on the Wildflower Greenway (details next NL)

•• Resources

• Greenscams and ecoclaims – they're flourishing, now that manufacturers, retailers, and advertisers have become aware of the rapidly growing interest of consumers in environmental issues. Here are a few ways in which you can distinguish the scam from the real thing.
- The Forest Stewardship Council (FSC) truly certifies environmentally-managed forests; by contrast, the Sustainable Forestry Initiative (SFI) is a timber-industry label.
- Visit www.greenerchoices.org and click on “Eco-labels center” to find out how Consumers Union evaluates the quality of “green” labels.
• SouthWings (Conservation through Aviation) is 10 years old this year. In the past decade, SouthWings' volunteer pilots (22 at this time, working in 11 states) have flown 700 organizations. Non-profit conservation organization are flown at no cost. The group has flown staff of numerous key media, as well as elected officials at all levels (from local to members of Congress) and their staffs. Just in 2007,
SouthWings' activities have had great impact for effecting positive change in the areas of endangered species habitats, watershed conservation, mountaintop-removal mining, coal and climate change, unsustainable development, and forest-lands protection. Because SouthWings serves conservation groups at no cost, they need support. Visit their website, www.southwings.org to learn more about their work.
• Heal the Earth, Heal the Soul, a new book by Michael Frome is here reviewed by Mack Prichard. “I believe that I have read everything Michael Frome has written, at least over the past fifty years. I won't say his new book, Heal the Earth, Heal the Soul is his best work, considering that Strangers in High Places is a classic that never wears out. But Heal the Earth offers an invaluable collection of essays that merge the principles of preservation with Frome's concern for social justice, human dignity and the American spirit. It includes profiles of courageous people who have safeguarded our wilderness and national parks, and reminds us of Michael's bravery to speak out and speak the truth no matter the cost. I especially appreciate and applaud the way he links spirituality with nature. When I finished the book, I felt that Michael Frome never gets old, he simply keeps getting better.”
The book (published by Bartram Books) can be ordered from Amazon.com for $19.95.
• The group Friends of the Cumberland Trail has been organized “to preserve and protect the environmental, cultural, and historical resources of the Cumberland Trail corridor, to provide related educational opportunities, and to support park needs.” You can visit their website at www.friendsofthecumberlandtrail.org, or phone/fax 865-856-7262.
• Compact Fluorescent Light bulbs (CFL) contain a small amount of mercury that's of no concern unless the bulb is broken or improperly disposed of (www.epa.gov/bulbrecycling/). Even then, the amount of mercury in a CFL is less than that released into the environment from burning the coal required to light an incandescent bulb.