The BEAT News

March 30, 2011

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CALENDAR OF EVENTS
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Advocacy News (Includes how to reach your legislators)

DEP Enforcement Actions In The Berkshire
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NOFA/Mass Sues Biotech Giant Monsanto
Suit Seeks Protection of Plaintiffs in Case of GMO Seed Contamination

NEW YORK – March 29, 2011 – On behalf of the Northeast Organic Farming Association/Massachusetts Chapter, Inc. (NOFA/Mass) and others, the Public Patent Foundation (PUBPAT) filed suit today against Monsanto Company to challenge the chemical giant's patents on genetically modified seed. The case, Organic Seed Growers & Trade Association, et al. v. Monsanto, was filed in federal district court in Manhattan and assigned to Judge Naomi Buchwald. Plaintiffs in the suit represent a broad array of family farmers, small businesses and organizations from within the organic and non-GMO agriculture community who are increasingly threatened by genetically modified seed contamination despite using their best efforts to avoid it.

“This case asks whether Monsanto has the right to sue organic and other farmers for patent infringement if Monsanto's genetically modified seed should land on their property,” said Dan Ravicher, lead attorney in the case and PUBPAT's Executive Director and Lecturer of Law at Benjamin N. Cardozo School of Law in New York. “It seems quite perverse that a farmer contaminated by GM seed could be accused of patent infringement, but Monsanto has made such accusations before and is notorious for having sued hundreds of farmers for patent infringement, so we had to act to protect the interests of our clients.”

Once released into the environment, genetically modified seed contaminates and destroys organic seed for the same crop. Soon after Monsanto introduced genetically modified seed for canola, for example, organic canola became virtually extinct as a result of contamination. Organic corn, soybeans, cotton, sugar beets and alfalfa now face the same fate, as Monsanto has released genetically modified seed for each of those crops, too.  Monsanto is developing genetically modified seed for many other crops, thus putting the future of all food, and indeed all agriculture, at stake.

In the case, plaintiffs are asking the court to declare that if they are ever contaminated by Monsanto's genetically modified seed; they need not fear also being accused of patent infringement.  One basis for such a ruling would be that Monsanto's patents on genetically modified seed are invalid because they don't meet the “usefulness” requirement of patent law, according to Jack Kittredge, NOFA/Mass Policy Director.
This lawsuit filing comes on the heels of a recent controversial USDA decision to deregulate genetically modified alfalfa, the fourth largest crop grown in the US and a major source of feed to the nation’s meat producers. Arguments against genetically modified food crops include concerns about lack of long-term studies of its effects on human health, concerns for biodiversity within our crop varieties, and contamination of crops grown by organic and other non-GMO farmers.

The Northeast Organic Farming Association, NOFA/Mass (www.nofamass.org), is a non-profit membership association dedicated to educating the public about organic methods. The Public Patent Foundation, PUBPAT (www.pubpat.org), is a not-for-profit legal services organization affiliated with the Benjamin N. Cardozo School of Law. PUBPAT represents the public interest against undeserved patents and unsound patent policy.

CONTACT:
PUBLIC PATENT FOUNDATION, Benjamin N. Cardozo School of Law (212) 545-5337 or press@pubpat.org. CLICK HERE FOR the FULL TEXT OF THE SUIT.

Jack Kittredge, Policy Director, NOFA/Mass (978)355-2853 or jack@nofamass.org
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US Environmental Protection Agency Housatonic River Mini Workshops

To register and for up-to-date information, visit www.HousatonicWorkshops.org

A series of workshops sponsored by EPA to provide the public with more information and an all-day interactive opportunity for discussion and to offer input to the “Rest of River” cleanup decision.

Mini Workshop 1
Tuesday, April 5, 2011, 5:30-8:30pm
Why Working with River Processes Matters:
Housatonic Evolution, Ecology, and PCBs

Mini Workshop 2
Wednesday, April 6, 2011, 5:30-8:30pm
Getting the Facts on PCBs:
Human Health Risks, Ecological Risks, and PCBs
in the Housatonic River

Mini Workshop 3
Thursday, April 7, 2011, 5:30-8:30pm
Exploring Alternatives for Cleanup:
Remediation, Restoration, Alternatives, and
Environmentally Sensible Remediation Concepts

HOLD THE DATE! Saturday, May 7, 2011 8:30am - 5:30pm
Public Charrette —The Community Contributes:
A Practical, All-Day, Hands-On Workshop for the Community to Better Understand the “Rest of River” Issues, to Explore the Pros and Cons of the Alternatives, and for the EPA to Hear the Community’s Ideas

All Mini Workshops and the Public Charrette are being held at Shakespeare & Company
70 Kemble Street, Lenox, MA 01240 www.shakespeare.org
For more information, call 413.442.4224
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WMECO grant for BCC in excess of $200,000
By Tony Dobrowolski, Berkshire Eagle Staff
Tuesday March 29, 2011

Berkshire Community College was seeking the funds to buy equipment for its new training center for careers in clean and sustainable energy.

Northeast Utilities, the parent company of the Western Massachusetts Electric Co., is interested in training the community's future work force.

Together, they turned out to be a perfect match.

BCC on Monday formally announced that it had received a $201,067 grant from the Northeast Utilities Foundation to fund the purchase of training equipment and educational facilities for its new facility, which is expected to be open by January 2012.

According to WMECO President and CEO Peter J. Clarke, this is the largest grant that the Northeast Utilities Foundation has ever awarded to an entity in Western Massachusetts.

"It hit on the three core elements of our foundation: education, work force development, and environmental stewardship," said Clarke, who is also a foundation board member. "We just saw that it was a great fit for what the foundation invests in and it was a well thought out, well put together proposal."<MORE>

BCC President Paul Raverta said the college will use the money to buy wind and solar training systems, biofuel and weatherization laboratory equipment, and a solar energy computer laboratory. Northeast Utilities has also offered to match an additional $100,000 if BCC can raise that amount, Raverta said.
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 29 March 2011 Last updated at 03:03 ET
UN report: Cities ignore climate change at their peril
By Mark Kinver Science and environment reporter, BBC News

Urban areas are set to become the battleground in the global effort to curb climate change, the UN has warned.
The assessment by UN-Habitat said that the world's cities were responsible for about 70% of emissions, yet only occupied 2% of the planet's land cover.
While cities were energy intensive, the study also said that effective urban planning could deliver huge savings.
The authors warned of a "deadly collision between climate change and urbanisation" if no action was taken.
The Global Report on Human Settlements 2011, Cities and Climate Change: Policy Directions, said its goal was to improve knowledge of how cities contribute to climate change, and what adaptation measures are available.
<MORE>
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How to read a personal care product label

Most people use around 10 personal care products every day, with an average of 126 different ingredients. We'd like to believe that the government is policing the safety of all of the concoctions we put on our bodies, but it's not. Instead, these unregulated products pose uncertain dangers for our health and our environment.
EWG thinks you deserve better. We asked our research team to put together some tips on how to choose better body care products. You'll learn how to:

What makes a body care product "better"?
Transparency. Better products are truthful in their marketing claims and free of potential worrisome ingredients. Some products might make claims that a product is "gentle" or "natural," but since the government does not require safety testing, personal care product manufacturers can use almost any chemical they want, regardless of risks.
Our website shows you how to buy better personal care products.

Thanks for reading,
Environmental Working Group

P.S. EWG has been nominated for Treehugger's Best of Green Reader's Choice: Best Health and Wellness Website. Vote for EWG today!
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EPA to Open Public Comment on Proposed Standards to Protect Aquatic Ecosystems
from Water Headlines for the week of March 28, 2011

Today, as required by the Clean Water Act and pursuant to a settlement agreement, the U.S. Environmental Protection Agency (EPA) is proposing for public comment standards to protect billions of fish and other aquatic organisms drawn each year into cooling water systems at large power plants and factories. The proposal, based on Section 316(b) of the Clean Water Act, would establish a common sense framework, putting a premium on public input and flexibility.

Safeguards against impingement will be required for all facilities above a minimum size; closed-cycle cooling systems may also be required on a case by case basis when, based on thorough site-specific analysis by permitting authorities, such requirements are determined to be appropriate. EPA is proposing this regulation as a result of a settlement agreement with Riverkeeper, Inc. and other environmental groups.

The public will be able to comment on the proposal upon its publication in the Federal Register. EPA will conduct a 90 day comment period, and will carefully consider those comments before taking final action on the proposal. The administrator must take final action by July 27, 2012.

For the full press release: http://yosemite.epa.gov/opa/admpress.nsf/3881d73f4d4aaa0b85257359003f5348/1a6586526d351a1d852578610077d4c8!OpenDocument

More information: http://water.epa.gov/lawsregs/lawsguidance/cwa/316b/
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In My Backyard Events

Time: April 2, 2011 at 10am to May 28, 2011 at 7pm
Location: First Congregational Church
Organized By: COOL Williamstown, First Congrational Church, Williams College Zilkha Center for Environmental Initiatives, Center for Ecological Technology, Williams College for Environmental Studies, Northern Berkshire Transition Towns and Wild Oats Community Market.

Event Description:
The “In My Backyard” collaboration offers the following garden-related events, each specifically intended to involve community members in fun and productive work toward diminishing our carbon outputs:
April 2 – Introduction to Backyard Gardening and Guided Vegetable Garden Tour (10:00 am – 1:00 pm) Free and open to all.  First Congregational Church, 906 Main St, Williamstown.  Refreshments will be served.

April 9 – COOL Williamstown Launch/Composting Workshop  (10-11:30 am )
Free and open to all. First Congregational Church, Williamstown
START YOUR OWN VEGETABLE GARDEN $60/ Registration required and space is limited. (Five Saturdays, April 16th – May 28th, 3:00 – 4:30pm)
See http://coolwilliamstown.org/ to register.  Classes held at First Congregational Church, Williamstown as well as individual gardening sites. Instructor: Linda Wagner.
A limited number of novice gardeners may register to attend five gardening workshops that will provide instruction and mentoring to gardeners.  Workshops include how to site, dig and plant a 4' x  8' sustainable bio-intensive vegetable garden. Compost, seeds, seedlings and a gardening primer will be available for workshop participants. Hands-on work sessions will help each household establish and plant their own and each others’ gardens. Follow up site visits from the instructor and "garden mentors" for support and advice is included.  A model garden will be located at the First Congregational Church of Williamstown.
 
"First Church, at the head of Spring Street, is a visible venue for a demonstration garden," notes Lauren Stevens, a church member. "The garden will be a teaching tool for the workshops and an inspiration to the community." The harvest from the garden will be donated to local food pantries through the Williams College Zilkha Center.
 
COOL Committee organizer, Wendy Penner adds, “this first year is really a pilot project that intends to build the collaborative ties of these organizations.  We are excited to be offering programs about gardening, composting and steps toward energy reduction that help develop healthy living habits.  We are all going to be learning along the way so we will post reports in community outlets and keep people apprised of our progress.”
 
Additional events in the “In My Backyard” campaign will include a public forum about Williamstown’s Energy Future.  “We want to broaden the discussion about what we can do ‘in our backyard’ to include considering what we can do locally to take charge of the energy we are using in our homes and what type of energy we want to generate locally” adds Penner.
 
Other community organizations collaborating on the “In My Backyard” campaign include Williams College Zilkha Center for Environmental Initiatives, Center for Ecological Technology, Williams College for Environmental Studies, Northern Berkshire Transition Towns and Wild Oats Community Market.
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Effects of Dogs on Carnivores in Protected Areas
from Conservation Biology

Abstract: In developed countries dogs (Canis lupus familiaris) are permitted to accompany human visitors to many protected areas (e.g., >96% of protected lands in California, U.S.A.), and protected-area management often focuses on regulating dogs due to concerns about predation, competition, or transmission of disease and conflicts with human visitors. In 2004 and 2005, we investigated whether carnivore species richness and abundance were associated with management of domestic dogs and recreational visitation in protected areas in northern California. We surveyed for mammalian carnivores and human visitors in 21 recreation areas in which dogs were allowed offleash or onleash or were excluded, and we compared our observations in the recreation areas with observations in seven reference sites that were not open to the public. Carnivore abundance and species richness did not differ among the three types of recreation areas, but native carnivore species richness was 1.7 times greater (p < 0.01) and the relative abundances of native coyotes (Canis latrans) and bobcats (Lynx rufus) were over four times greater (p < 0.01) in the reference sites. Abundances of bobcats and all carnivores declined as the number of visitors increased. The policy on domestic dogs did not appear to affect species richness and abundance of mammalian carnivores. But the number of dogs we observed was strongly associated with human visitation (R2= 0.54), so the key factors associated with recreational effects on carnivores appear to be the presence and number of human visitors to protected areas.

BEAT Note from Jane - No one loves dogs more than me, but to protect wildlife we need reserves where no domestic animals are allowed and all domestic animals should be kept under the owners' control at all times - either on leash, in an enclosure, or indoors.
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A Land Protection Success Story
from Mass Acorn Monthly Update

Kinne Brook Valley landowners have worked together over the past 15 years to conserve their land and ensure the entire area stretching between two state wildlife preserves would remain open agricultural land and protected woodlands.  We sat down with one of those landowners, Paul Strasburg, to discuss how the neighbors worked together and learned how to protect their land.  The interview can be seen on this short (4 min) YouTube videoRead more...
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Clean Energy Works
from Green for All

Portland, Oregon's innovative program Clean Energy Works this week announced the completion of its 500th home. The program provides assistance to homeowners for energy-efficiency projects, allowing them to pay for cost-saving improvements over time through their utility bills.

In addition to slicing homeowners' energy bills by one-fifth or more, the program set a high bar for employment quality – and exceeded it. We've proven that we can put low-income communities and communities of color to work at quality jobs with good pay, while addressing the needs of the environment. We couldn't be more proud of that accomplishment.
To mark the occasion, Green For All is releasing a report documenting the program's success. Complete with stories from program participants, it provides detailed analysis of how and where the program exceeded its goals.

Earlier this week, the organizations partnering on Clean Energy Works announced an expansion of the program to the entire state of Oregon. Given the program's remarkable success, it's an exciting – and broadly beneficial – expansion.

Download the report to learn more.
Green For All Team
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Refrigeration Company Fined in Westfield & 2 Other Locations
from U.S. EPA

A refrigerated warehouse company has agreed to pay $75,000 to settle a case brought by the US Environmental Protection Agency for Clean Air Act violations at three cold-storage facilities in Massachusetts.

According to a recent settlement, Preferred Freezer Services, which provides refrigerated warehouse space for frozen food producers and suppliers, allegedly violated federal regulations designed to prevent chlorofluorocarbons (CFCs) from leaking from industrial refrigeration equipment and damaging the Earth’s stratospheric ozone layer. The violations occurred at Preferred Freezer’s facilities in Raynham, Sharon and Westfield, Mass. Preferred Freezer owns and operates 25 refrigerated warehouse facilities nationwide.

EPA’s New England office alleged that all three facilities failed to certify to EPA that they had appropriate CFC recovery or recycling equipment. Further, at the Raynham and Sharon facilities, a company technician serviced appliances containing CFCs on various occasions without being certified by an approved certification program. Preferred Freezer corrected these violations in April 2010.
Separately, the company initially provided incomplete responses to an EPA information request. This violation was also corrected in 2010.

The stratospheric ozone layer protects the Earth from harmful ultraviolet radiation. When CFCs are released into the air, they damage the stratospheric ozone layer and allow harmful radiation to reach the Earth. This radiation can cause nonmelanoma skin cancer and plays a major role in malignant melanoma development. It has also been linked to cataract formation. In addition, it can harm crops and certain types of marine life.  
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Registration is now open for Flying Deer Summer Camp 2011!

New this summer: Black Bear Camp for ages 6 to 8, and two weeks of Quest for the Medicine Tree, including one just for first-time Questers! Especially exciting for teens: this year's Wolf Camp expedition will be a freshwater canoeing adventure for ages 14 to 18.  

Plus: three weeks of our classic Cottonwood Camp for ages 6 to 12; Otter Slide Camp (which includes one overnight adventure for campers and family); and Wolf Camp for 10- to 13-year-olds.

Please note that we have expanded the age range of the Red-Tail Hawk Weeklong Overnight Adventure; it's now open to campers ages 10 to 14.  

Remember, summer camp is tax-deductible! Contact us for details.

Check out our website at www.flyingdeernaturecenter.org  to see our complete schedule!

We can't wait to explore the woods with you this summer! 
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The Mass. Division of Conservation Services (DCS) announces the opening of the FY 12 grant round. 

PARC (Massachusetts Parkland Acquisitions and Renovations for Communities) funding is available for the acquisition of parkland or the development or renovation of a park. 

LAND (Massachusetts Local Acquisitions for Natural Diversity) funding is available for the acquisition of conservation land.  The maximum grant award for both grants is $500,000. 

Please attend an informational grants workshop on May 4, 2011 at 10:00 am at 100 Cambridge Street, Boston or May 11, 2011 at 11:00 am at 101 University Drive, Suite C4, Amherst.  RSVP to Melissa Cryan at melissa.cryan@state.ma.us or 617-626-1171 for the PARC grant program or Celia Riechel at celia.riechel@state.ma.us or 617-626-1187 for the LAND grant program.  Grant deadline is July 14, 2011 at 3:00 pm. 

New for FY12: Conservation Assistance for Small Communities grant
Expanded program assists small communities (5,000 or fewer residents) in applying for the LAND grant program.  Funding is non-competitive.  80% reimbursement provides up to $5,000 for each appraisal and $15,000 for preparation of an Open Space and Recreation Plan (OSRP).  Community must submit a complete application to the FY12 LAND grant program to receive payment, but will be reimbursed regardless of the outcome of their LAND application.  Contracts will be awarded on a first-come, first-served basis until May 30, 2011.   See the DCS website or contact Celia Riechel at 617-626-1187 or celia.riechel@state.ma.us for more information.

The FY12 DCS grant round is now open! 
Please attend a grants workshop:  May 4, 2011 at 10:00 am at 100 Cambridge Street, Boston or May 11, 2011 at 11:00 am at 101 University Drive, Suite C4, Amherst.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Melissa Cryan
Parkland Acquisitions and Renovations for Communities (PARC) Grant Coordinator
Executive Office of Energy and Environmental Affairs
100 Cambridge Street, 9th Floor
Boston, MA  02114
(617)  626-1171
www.mass.gov/eea/dcs-grants
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