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More Than a Dozen Military Families in Hawaii Spark Trial Over 2021 Jet Fuel Leak That Tainted Water

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Monday, April 29, 2024

A trial for a mass environmental injury case is starting more than two years after a U.S. military fuel tank facility under ground poisoned thousands of people when it leaked jet fuel into Pearl Harbor's drinking water

A trial for a mass environmental injury case is starting more than two years after a U.S. military fuel tank facility under ground poisoned thousands of people when it leaked jet fuel into Pearl Harbor's drinking water

A trial for a mass environmental injury case is starting more than two years after a U.S. military fuel tank facility under ground poisoned thousands of people when it leaked jet fuel into Pearl Harbor's drinking water
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$20 billion: The Delta tunnel’s new price tag

The centerpiece of California's water wars pits Gov. Newsom against local communities and environmentalists. A new report says the benefits of the tunnel exceed the cost since other water supplies would cost more.

In summary The centerpiece of California’s water wars pits Gov. Newsom against local communities and environmentalists. A new report says the benefits of the tunnel exceed the cost since other water supplies would cost more. California’s contentious and long-debated plan to replumb the Sacramento-San Joaquin Delta and pump more water south finally has a price tag: about $20 billion.  The new estimate for the Delta tunnel project — which would transform the massive water system that sends Northern California water south to farms and cities — is $4 billion higher than a 2020 estimate, largely because of inflation. Included is almost $1.2 billion to offset local harms and environmental damage, such as impacts on salmon and rare fish that state officials have called “potentially significant.” The goal of the project is to collect and deliver more water to two-thirds of California’s population and 750,000 acres of farmland during wet periods, shore up supplies against the threats of climate change and protect the system from earthquakes. But environmental groups, many Delta residents, tribes and the fishing industry have long warned that the tunnel could put the imperiled Delta ecosystem at even greater risk, sapping freshwater flows needed for fish, farms and communities in the region.  The tunnel has been the focus of intense debate in California for more than 60 years. It’s the epicenter of water wars that have pitted Delta locals, environmental groups, tribes and the fishing industry against state officials and water agencies that supply cities and farms, mostly in Southern California. The new report from the state Department of Water Resources comes as state water regulators weigh competing rescue plans for a region they have described as “in crisis” and in the midst of an “ecosystem collapse.”  Gov. Gavin Newsom backs the proposed project, calling it his “number one climate resilience program” and saying he hopes to get it permitted before he leaves office. The 45-mile tunnel would transport water from the Sacramento River around the Delta to a reservoir near Livermore, the first stop on the 444-mile California Aqueduct. The new estimate and report will help water suppliers in Southern California, the Central Coast and the Bay Area weigh whether it’s cost effective for them to buy the tunnel’s water. The state would issue revenue bonds to fund the project, then suppliers would have to pay back the costs.  Water agencies, such as the giant Metropolitan Water District of Southern California, are expected to have all of information they need to decide by the end of 2026, said Karla Nemeth, director of the Department of Water Resources, which operates the state’s massive water system. Building the tunnel could take until at least 2044, with construction and startup expected to start around 2029 and last roughly 15 years.  Had the tunnel been in place this year, it could have funneled 909,000 additional acre-feet of water south from intakes in the north Delta, according to state water officials. That’s nearly enough water to fill Folsom Lake, and could supply more than 9.5 million people for a year.  The total benefits of the project — calculated at around $38 billion — far outweigh the costs, according to the report, with every dollar spent expected to reap $2.20 in benefits. “In other words, doing nothing is more expensive,” said David Sunding, a UC Berkeley emeritus professor of environmental economics who led the cost-benefit analysis. Sunding said water deliveries from the tunnel would cost about $1,350 per acre-foot — less than the average cost for water generated by desalination, recycling and stormwater capture.  Another benefit to a tunnel, Sunding said, is earthquake preparedness for the state’s water delivery system, which is crossed by the major Hayward and San Andreas faults. A catastrophic earthquake that crumbles levees could interrupt water deliveries for nearly seven months, and degrade water quality for almost another year. Sunding said the tunnel would, ideally, allow water deliveries to continue in some form after quakes, or at least protect water quality. The tunnel could also increase water exports from the Sacramento River when pumping from the south Delta is limited to protect threatened and endangered species, Nemeth said. Thousands of threatened steelhead trout and endangered winter-run Chinook salmon have died this year from the pumping, according to state and federal estimates. But conservationists warn that a tunnel wouldn’t reduce the risk to fish: The existing pumps would still be operational — posing a continued threat to protected species. Environmental groups and fishing organizations have sued over the project, saying adding the tunnel would further reduce freshwater flows — increasing salt levels and harmful algal blooms, and harming native fish.  Tribes and environmental justice organizations also oppose the state’s application for a change in water rights to build and operate the tunnel. “The injurious impacts of mismanagement in the Bay-Delta can no longer be endured by Tribes and Delta communities,” Malissa Tayaba, vice chair of the Shingle Springs Band of Miwok Indians, said in a statement.  Jon Rosenfield, science director of San Francisco Baykeeper, called it “just the latest version of a plain old water grab.”  The state’s own environmental analysis warned two years ago that the tunnel could harm endangered and threatened fish, including the Delta smelt, winter-run chinook salmon and steelhead trout. Changes to flows at the intakes or downstream, for instance, could reduce migration, damage habitat and expose salmon and other native fish to more predators.  The analysis calls for thousands of acres of wetland restoration to offset the “potentially significant impacts” — projects that critics say have historically been slow and inefficient in California.  The Delta watershed supports about 80% of the state’s commercial salmon fishery, which was cancelled this year for the second time in a row because of plummeting populations.  “What better way to address declining salmon populations than by draining their homes?” Scott Artis, executive director of the Golden State Salmon Association, said in a recent statement. “Bravo, Governor, for turning healthy rivers and estuaries into a punchline that harms tens of thousands of families, businesses and employees across California and Oregon.”

Northumbrian Water told to publish raw sewage discharge data it tried to hide

Appeal tribunal orders firm to share details on hundreds of thousands of tonnes of outflows into North Sea A water company that tried to keep secret details of hundreds of thousands of tonnes of raw sewage discharges into the sea has been ordered by an appeal tribunal to release the data in the public interest.Northumbrian Water has repeatedly refused to release details about the scale of raw sewage discharges into the North Sea from an outflow at its pumping station in Whitburn, after a campaigner asked under freedom of information and environmental information regulations. Continue reading...

A water company that tried to keep secret details of hundreds of thousands of tonnes of raw sewage discharges into the sea has been ordered by an appeal tribunal to release the data in the public interest.Northumbrian Water has repeatedly refused to release details about the scale of raw sewage discharges into the North Sea from an outflow at its pumping station in Whitburn, after a campaigner asked under freedom of information and environmental information regulations.Campaigners say the pollution has been going on for years, but the Environment Agency, Northumbrian Water and the government all dispute their findings.In 2012 the European court of justice ruled the sewage discharges at Whitburn put the UK in breach of its legal obligations to treat wastewater and gave the government five years to remedy the situation.Steve Lavelle, the vice-chair of the neighbourhood forum in Whitburn, south Tyneside, has been investigating the scale of raw sewage discharges in an attempt to show the pollution is continuing many years after the ECJ ruling.Lavelle said: “We need this information to show this pollution is still going on. We want the data to feed into our neighbourhood plan so that we can provide the details about the capacity of sewage treatment in the area when any future development is proposed.“At the moment they do not have the infrastructure in place to deal with the volume of sewage.”The Environment Agency permit for the plant states raw sewage discharges must only take place during intense rainfall or snowmelt.But data unearthed by Lavelle over many years has exposed what he says is sewage dumping outside periods of intense rainfall.In 2019 when the north-east of England received slightly above average rainfall of 750mm of rain, more than 760,000 tonnes of untreated sewage was discharged from Whitburn Steel pumping station directly into the North Sea, Environment Agency data obtained by Lavelle shows.In 2020, when rainfall was 610mm, within the annual average range, the long sea outfall discharged more than 460,000 tonnes of untreated sewage into the Northumbria Coast special protection area.A year later when rainfall was 660mm, the water company discharged a record high of 821,088 tonnes into the sea.Campaigners say the pollution has been going on for years but Northumbrian Water has disputed the findings. Photograph: Timon Schneider/AlamyLavelle said these discharges contributed to the pollution in the North Sea at Marsden, where there is a beach designated as bathing water, and the pollution to the beaches and rock pools at Whitburn.To retrieve 2022 data, he asked the water company via environmental information regulations and FoI to provide a detailed description of all of the sewage discharge records, the times of discharges and the volumes of sewage discharges.The regulator Ofwat and the Environment Agency are investigating more than 2,000 treatment works across the water network for suspected illegal sewage dumping.The investigations, which are likely to report this year, could impose significant fines or lead to the prosecution of some companies.Citing the investigations as a reason, Northumbrian Water refused to release the 2022 data to Lavelle, saying to do so “would adversely affect the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature”.When Lavelle asked for an internal review, Northumbrian Water argued that to release the sewage data could cause adverse public opinion to influence the regulators as they carried out their investigation.The Information Commissioner’s Office, asked to examine Lavelle’s request, supported the water company and said it was in the public interest for the company to keep the information secret.But after an appeal to the first tier tribunal, the panel found in favour of Lavelle and told the water company it was not satisfied that releasing the information would affect the course of justice.The tribunal found it was in the public interest to release the information, and the water company had not adequately considered the need for transparency in its refusal to provide the information.“It has been like pulling teeth,” said Lavelle. “They are more intent on closing down my requests for information than being transparent and providing the information which is in the public interest.”Northumbrian Water said in a statement: “We are committed to protecting and enhancing coasts, rivers and watercourses in all areas of our operation and have proactively published a number of industry-leading pledges to generate further improvements.“We have a strong track record when it comes to the environment and have retained the excellent or good rating from the Environment Agency in each of the last three years. We note the tribunal court’s decision regarding the Whitburn pumping station and are considering our next steps.”The ruling came as seven water companies published near-real-time maps of their sewage discharges from combined sewer overflows, which was required under the Enviornment Act. Those companies are Dwr Cymru (Welsh Water), Yorkshire Water, Severn Trent, Northumbrian Water, Anglian Water, Wessex Water and United Utilities.

Why no one won this year’s water wars

California's wet winter exposed enduring conflicts between fish and farms.

SACRAMENTO, California — California is having a really good water year. But all the rain and snow is doing almost nothing to lubricate the state’s perpetual conflicts between fish and farms.Neither farmers, cities nor environmentalists feel like they’re getting enough water from the State Water Project and the federally run Central Valley Project, a semi-coordinated labyrinth of reservoirs, canals and pumping stations that together irrigates nearly 4 million acres.Farmers and cities are arguing that the storms mean they should get more than the 40 percent of their contractual deliveries that they’ve been promised so far (they get about 63 percent on average). They’d have more of an argument if endangered fish weren’t also getting massacred at the pumps: The water projects have already exceeded their take limit for the season for steelhead trout, meaning they’re violating the Endangered Species Act.Everyone is frustrated with Gov. Gavin Newsom and President Joe Biden’s administrations, which operate the systems, as well as with themselves:“That water is not recoverable,” said Jennifer Pierre, general manager of the State Water Contractors, which represents the 27 water agencies that get supplies from the State Water Project, including the Metropolitan Water District of Southern California and the Santa Clara Valley Water District. “We should all be in timeout right now.”With so many cooks in the kitchen, there’s a variety of culprits. Westlands Water District, which gets its water from the CVP, is blaming the Biden administration, which runs the project through the Interior Department’s Bureau of Reclamation and the Commerce Department’s National Marine Fisheries Service.Westlands General Manager Allison Febbo said she thinks the high steelhead losses could have been due to the fish returning in above-average numbers, rather than to pumping decisions. She’s calling for a hearing in the Republican-led House into how the CVP applied the Endangered Species Act this year.“We are frustrated,” she said in an interview. “The actions being taken have real world consequences in our district, and we don’t see those actions particularly substantiated.”Jon Rosenfield, science director of the environmental group San Francisco Baykeeper, is pointing at Newsom’s Department of Water Resources, which he argues loosened protections for fish during the last drought.“This is a direct result of the Newsom administration waiving its water quality rules, which it already acknowledges are inadequate, for three years in a row,” he said. He also said the state ran its pumps too early, when there were a lot of fish present.Newsom administration officials are penitent and vowing to change, but are also making the argument for more investment.DWR Director Karla Nemeth called the low allocations “unusual” and traced them in part to more real-time efforts by the state to protect endangered fish after a severe die-off roughly two decades ago prompted lawsuits.She outlined a series of “fixes,” including increasing genetic testing of fish to better figure out which ones absolutely need to be protected and building the Delta Conveyance Project, a controversial tunnel to reroute deliveries underneath the overplumbed Sacramento-San Joaquin Delta.“This year was kind of a poster child for infrastructure that’s not really up to the challenge of the next century, and more work that needs to be done,” she said in an interview.(Reclamation didn’t respond to a request for comment, while NMFS said “We limit impacts on threatened and endangered species based on all of the best available science to protect them and provide opportunities for their recovery.”)The fight will continue playing out in several venues: State and federal agencies are currently renegotiating the underlying fish-science documents that guide management decisions, which are still governed by Trump-era rules.And last week, they kicked off the monthlong process to plan summer releases from Lake Shasta, the largest reservoir in the state, which will crystallize the conflict as well as anything: Water managers will try to find a balance between releasing water for farms when they need it in the summer and maintaining cool-enough water reserves to send down rivers to protect endangered salmon eggs in the fall.On one point, everyone agrees: California’s water system is broken, whether it’s a wet, a dry or average year.“I don’t think that we are well-positioned for the type of adaptive management and real-time response that’s going to be needed in order to maximize our resources for the environment and for people and farms,” Pierre said. “This year really highlighted that.”Like this content? Consider signing up for POLITICO’s California Climate newsletter.

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