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Living in the Plume

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Tuesday, April 9, 2024

When Kayla Furton moved back to her childhood home in 2016 with her husband and three young children, she had no plans of ever leaving. Nestled in the small town of Peshtigo, in northern Wisconsin, the house sits on a property with five acres of woods in the back and picturesque waterfront access to Green Bay, on Lake Michigan. Furton’s neighbors call the area the “best-kept secret” in the state because of its natural beauty and tight-knit community. Then, in 2018, the Furtons received a letter with some unwanted news about their forever home: The water supply was contaminated with perfluoroalkyl and polyfluoroalkyl substances, or PFAS. PFAS are a group of thousands of synthetic chemicals that have been used for decades in the manufacturing of everyday consumer products like clothes, makeup, and nonstick cookware because of their water- and stain-resistant properties. The Environmental Protection Agency declared in 2022 that perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA), two common PFAS compounds, are dangerous at any level. More recently, the agency proposed that nine additional PFAS compounds be categorized as hazardous substances because of the dangers they pose to human health. The news didn’t come as a total surprise to Furton. She knew that PFAS had been detected in private wells nearby, and the official investigation area where the groundwater was being tested was enclosed by, as she puts it, “an arbitrary boundary.” “Water does not know to stop because there’s a roadside ditch,” much less a line drawn on a map, she says. Nevertheless, the reality of officially being in “the plume” of local PFAS contamination was upsetting. Furton already knew the dangers of PFAS and had been removing household products that contained these chemicals from her family’s life. “I’d gotten rid of all of our nonstick cookware and other potential contaminants at the time,” she explains. “We avoided bottled water because of concerns over other chemicals leaching in, and then we’re put in this position that our [tap] water is not safe for our kids.” PFAS have been nicknamed “forever chemicals” because they don’t break down in the environment and can accumulate in the human body over time. There is a growing body of research about the adverse health effects of PFAS, including problems with fertility and pregnancy, developmental delays in children, and an increased risk of certain cancers. Ruth Kowalski, a retired elementary school teacher who lives about a mile away from the Furtons, believes that PFAS contamination is responsible for an unusually high incidence of thyroid disease, cancer, and other serious health issues in her own extended family. “I assumed the thyroid disease in my family was somehow hereditary,” she says. “But now I know it was because we all lived within the plume.” Kowalski, who is in her seventies, worries most about her grandchildren and other members of the younger generation who were exposed to PFAS at an early age. Her great-nephew is one of several members of his graduating class diagnosed with testicular cancer. “You’ll never know when it comes to these contaminants,” she says, referring to how difficult it can be to pinpoint the exact cause of a diagnosis like cancer. “But you are always going to wonder.” In their fight for clean water, residents of Peshtigo have found themselves in a protracted legal battle with Tyco, a major manufacturing company that contaminated the groundwater in the area. (In 2016, Tyco merged with Johnson Controls International.) From 1962 to 2017, Tyco used PFAS-containing firefighting foam at its fire training center in Marinette, a small city near the town of Peshtigo. The soil at the testing site became contaminated after years of using the foam, and PFAS was carried throughout the area by sewer systems and groundwater. Kowalski learned her private well was contaminated with PFAS in 2017, when Tyco sent her a letter. Shortly after, she and her husband attended a town meeting with representatives from Tyco, where she says the company was “downplaying” the severity of the problem. “We’re gonna give you bottled water; we’re gonna test your water,” she remembers them saying. According to Kowalski, Tyco seemed to be promising that everything was under control. “Later, I found out they knew for three years that this was in our drinking water and never told us,” she says. The first batch of letters was sent to households in 2017, after the Wisconsin Department of Natural Resources (WDNR) ordered Tyco to investigate the extent of the PFAS contamination in Marinette and Peshtigo. But state records show that the company had detected PFAS compounds in the area as early as 2013. Kowalski believes the company shouldn’t have waited so long to warn residents of the PFAS contamination and begin remediation. “It was immoral and unconscionable,” she says, her voice breaking. While some of Kowalski’s neighbors agree that Tyco should have acted sooner, the company maintains that it has responded to the PFAS crisis promptly and thoroughly. In an email message, Trent Perrotto, vice president for external communications at Johnson Controls, says, “As soon as we became aware that PFAS from historic operations at the [fire training center] migrated into private drinking water wells in Peshtigo, we took responsibility, provided bottled water and point-of-entry systems (POETS), and moved rapidly to address this issue and identify long-term solutions.” Perrotto is referring to households in the “potable well sampling area,” or the limited zone where Tyco is responsible for cleanup. But some residents, like Trygve Rhude, a retired soil scientist who lives up the shoreline from the Furtons, worry that Tyco’s designated area excludes many households in the community that are likely affected. “So if you’re on one side of the street and have contamination, you could be eligible for their POET system, their in-house treatment, [and] bottled water,” Rhude says. “If you live on the other side of that street, your well will not have been tested, and you get nothing.” That leaves some families to keep drinking tap water with high levels of PFAS or pay for the testing and treatment themselves. Furton’s sister, who lives a little over a mile away, is in this situation. Since her house is outside the covered area, she and her family have installed their own under-the-sink filtration in the kitchen and bathrooms, and they pay for bottled water out of pocket. “It’s great that they can do that, but not everyone can,” Furton says. “That cost should be borne by the party that contaminated it.” But not everyone in the community agrees about exactly how to hold Tyco responsible. Some Peshtigo residents filed a class-action lawsuit against the company. The parties reached a $17.5 million settlement in early 2021, which covered things like property damage and medical monitoring. Tyco and the two other companies involved in the settlement have denied any wrongdoing. For Furton, this is simply not enough. “We opted out of the settlement because it did not include permanent, safe drinking water,” she says. “I don’t want a payout. I want to be able to have safe drinking water in my home.” While Furton acknowledges that her neighbors are well within their rights to participate in the settlement, she is concerned that Tyco has been using a “divide-and-conquer” tactic to keep the community from organizing effectively. Anyone who was part of the settlement cannot sue Tyco, leaving a smaller pool of residents eligible to file a more expansive lawsuit that would hold the company liable for the full extent of the damage, including properties outside the limited designated area. Asked about this, Perrotto writes, “Although Tyco does not comment on pending litigation, we stand behind the years of work and considerable resources we have invested in investigating and remediating PFAS related to historic operations at our Fire Technology Center in Marinette.” Regardless, Furton sees a major power imbalance at play, with a large company like Tyco having an entire legal team to devote to this ongoing battle while the community is left to find solutions with limited resources. “I have to think that they know, or hope, ‘OK, if we parse out enough people, they won’t have a fighting chance,’ ” she says. “There’s a corporate playbook that they all know how to go by, but there’s not a citizen playbook.” For Peshtigo residents like Furton, Kowalski, and Rhude, creating a sustainable, community-wide solution to their water problem is a top priority. But it’s not so simple in a town where everyone gets their water from private wells, which draw from groundwater. In Wisconsin, as in many states, there is no groundwater standard for PFAS. There is a drinking water standard of seventy parts per trillion for PFOA and PFOS, two of the most common PFAS compounds, but this designation applies only to public water systems that serve at least twenty-five individuals. One of the solutions that has been proposed in Peshtigo is to connect the town with the public water system in the neighboring city of Marinette. Though Marinette also has PFAS contamination within its city limits from Tyco’s plant, they draw their municipal water from Lake Michigan and are able to test and treat it before it goes out to individual homes. In early 2019, at a meeting held in a local restaurant, Tyco said they were working with Marinette to pipe city water to affected Peshtigo residents. But Furton says that after the meeting, she found out that Tyco hadn’t talked to the city of Marinette, hadn’t been working with local government officials in Peshtigo, and hadn’t informed the WDNR about this plan before publicly announcing it. She notes that this kind of behavior has been typical for Tyco since this all began. “They will make these statements, these public promises, but they are not backed up by actual work, actual engineering, actual intergovernmental agreements.” Perrotto provided The Progressive with a copy of a print ad that he said had run in local newspapers. It read, in part: “During 2023, Tyco evaluated over 600 additional groundwater and surface water samples collected last year, which confirmed the extent of PFAS impacts to groundwater from historical operations . . . . The data further demonstrate, as expected, that the plume is mature and not expanding.” The ad continues: “Tyco is working with the WDNR to develop a long-term monitoring plan for groundwater. That plan will include over 150 monitoring wells located throughout the community to ensure the plume remains stable and geographically defined. All work will be done under WDNR oversight, and all data will be publicly available so our neighbors will be up to date on our continued progress.” Meanwhile, the city of Marinette has indicated that they are not willing to extend their water service area to Peshtigo unless the town is annexed. This leaves residents with few other viable options for a permanent, clean drinking water source. One is to dig new, deeper wells. But this comes with risks of its own. It’s possible that the local aquifer is already contaminated with PFAS, and even if it’s not, experts say that the process of drilling a new well could push existing “forever chemicals” farther down into the soil, creating more pollution and lasting problems. Another option is to stick with the point-of-entry treatment systems, but these are limited to individual homes and require extensive maintenance. The WDNR has pointed out that there are long-term challenges to relying on POET systems, including that there is “no mechanism to ensure water quality protections are in place” after a property is sold and changes hands. This brings us back to the municipal water route, which is favored by the WDNR as the best long-term solution. Elected officials in Peshtigo proposed creating a water utility district that could strike an agreement with the city of Marinette or another nearby city to receive municipal water. But while there were proponents of this plan, including Furton, who was serving on the town board at the time, it faced serious public opposition. “I literally had a resident tell me one time that they would rather drink PFAS than city water,” Furton says. There had recently been a town meeting with standing room only where residents voiced strong opinions about whether they supported the water utility district and, by extension, the town chair at the time, Cindy Boyle, who had spearheaded the effort. Less than a month later, during the 2023 spring election, Boyle lost her re-election bid to a candidate who ran on a platform of rejecting the water utility district. The new town chair, Jennifer Friday, said that she cares about the PFAS problem but represents residents who “are not looking to completely vilify Tyco for their actions.” While there are no easy answers when it comes to PFAS or holding megacorporations accountable for their actions, clean water advocates have not given up hope. “You gotta look at the collective: What’s good for the entire state, the entire nation, the entire world versus what’s good for me,” Rhude says. He has faced off with Tyco before in a landmark arsenic cleanup in the Menominee River, which took more than thirty years to be delisted as an area of concern. “Patience is a real virtue in this case, where you want to get the best solution for the most people. That’s gonna take time,” he says. “I think it’s important that we just stay the course and wait till that long-term solution is figured out.” Furton echoed this sentiment. “We all need to look at this collectively because water doesn’t know municipal boundaries,” she says. “I don’t just want clean water for me now, or even for my lifespan. I want my kids and whoever lives in this house, in this community, in the future to also have that.”  Richelle Wilson conducted the research for this story while producing Public Trust, a podcast from Midwest Environmental Advocates and Wisconsin Sea Grant, with support from the University of Wisconsin–Madison Center for the Humanities.

A seemingly idyllic place to raise a family turns into a nightmare for Wisconsin residents whose water supply was contaminated by PFAS, Richelle Wilson reports.

When Kayla Furton moved back to her childhood home in 2016 with her husband and three young children, she had no plans of ever leaving. Nestled in the small town of Peshtigo, in northern Wisconsin, the house sits on a property with five acres of woods in the back and picturesque waterfront access to Green Bay, on Lake Michigan. Furton’s neighbors call the area the “best-kept secret” in the state because of its natural beauty and tight-knit community.

Then, in 2018, the Furtons received a letter with some unwanted news about their forever home: The water supply was contaminated with perfluoroalkyl and polyfluoroalkyl substances, or PFAS.

PFAS are a group of thousands of synthetic chemicals that have been used for decades in the manufacturing of everyday consumer products like clothes, makeup, and nonstick cookware because of their water- and stain-resistant properties.

The Environmental Protection Agency declared in 2022 that perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA), two common PFAS compounds, are dangerous at any level. More recently, the agency proposed that nine additional PFAS compounds be categorized as hazardous substances because of the dangers they pose to human health.

The news didn’t come as a total surprise to Furton. She knew that PFAS had been detected in private wells nearby, and the official investigation area where the groundwater was being tested was enclosed by, as she puts it, “an arbitrary boundary.”

“Water does not know to stop because there’s a roadside ditch,” much less a line drawn on a map, she says.

Nevertheless, the reality of officially being in “the plume” of local PFAS contamination was upsetting. Furton already knew the dangers of PFAS and had been removing household products that contained these chemicals from her family’s life.

“I’d gotten rid of all of our nonstick cookware and other potential contaminants at the time,” she explains. “We avoided bottled water because of concerns over other chemicals leaching in, and then we’re put in this position that our [tap] water is not safe for our kids.”


PFAS have been nicknamed “forever chemicals” because they don’t break down in the environment and can accumulate in the human body over time. There is a growing body of research about the adverse health effects of PFAS, including problems with fertility and pregnancy, developmental delays in children, and an increased risk of certain cancers.

Ruth Kowalski, a retired elementary school teacher who lives about a mile away from the Furtons, believes that PFAS contamination is responsible for an unusually high incidence of thyroid disease, cancer, and other serious health issues in her own extended family.

“I assumed the thyroid disease in my family was somehow hereditary,” she says. “But now I know it was because we all lived within the plume.”

Kowalski, who is in her seventies, worries most about her grandchildren and other members of the younger generation who were exposed to PFAS at an early age. Her great-nephew is one of several members of his graduating class diagnosed with testicular cancer.

“You’ll never know when it comes to these contaminants,” she says, referring to how difficult it can be to pinpoint the exact cause of a diagnosis like cancer. “But you are always going to wonder.”


In their fight for clean water, residents of Peshtigo have found themselves in a protracted legal battle with Tyco, a major manufacturing company that contaminated the groundwater in the area. (In 2016, Tyco merged with Johnson Controls International.)

From 1962 to 2017, Tyco used PFAS-containing firefighting foam at its fire training center in Marinette, a small city near the town of Peshtigo. The soil at the testing site became contaminated after years of using the foam, and PFAS was carried throughout the area by sewer systems and groundwater.

Kowalski learned her private well was contaminated with PFAS in 2017, when Tyco sent her a letter. Shortly after, she and her husband attended a town meeting with representatives from Tyco, where she says the company was “downplaying” the severity of the problem. “We’re gonna give you bottled water; we’re gonna test your water,” she remembers them saying.

According to Kowalski, Tyco seemed to be promising that everything was under control.

“Later, I found out they knew for three years that this was in our drinking water and never told us,” she says.

The first batch of letters was sent to households in 2017, after the Wisconsin Department of Natural Resources (WDNR) ordered Tyco to investigate the extent of the PFAS contamination in Marinette and Peshtigo. But state records show that the company had detected PFAS compounds in the area as early as 2013.

Kowalski believes the company shouldn’t have waited so long to warn residents of the PFAS contamination and begin remediation. “It was immoral and unconscionable,” she says, her voice breaking.


While some of Kowalski’s neighbors agree that Tyco should have acted sooner, the company maintains that it has responded to the PFAS crisis promptly and thoroughly. In an email message, Trent Perrotto, vice president for external communications at Johnson Controls, says, “As soon as we became aware that PFAS from historic operations at the [fire training center] migrated into private drinking water wells in Peshtigo, we took responsibility, provided bottled water and point-of-entry systems (POETS), and moved rapidly to address this issue and identify long-term solutions.”

Perrotto is referring to households in the “potable well sampling area,” or the limited zone where Tyco is responsible for cleanup. But some residents, like Trygve Rhude, a retired soil scientist who lives up the shoreline from the Furtons, worry that Tyco’s designated area excludes many households in the community that are likely affected.

“So if you’re on one side of the street and have contamination, you could be eligible for their POET system, their in-house treatment, [and] bottled water,” Rhude says. “If you live on the other side of that street, your well will not have been tested, and you get nothing.”

That leaves some families to keep drinking tap water with high levels of PFAS or pay for the testing and treatment themselves.

Furton’s sister, who lives a little over a mile away, is in this situation. Since her house is outside the covered area, she and her family have installed their own under-the-sink filtration in the kitchen and bathrooms, and they pay for bottled water out of pocket.

“It’s great that they can do that, but not everyone can,” Furton says. “That cost should be borne by the party that contaminated it.”

But not everyone in the community agrees about exactly how to hold Tyco responsible.

Some Peshtigo residents filed a class-action lawsuit against the company. The parties reached a $17.5 million settlement in early 2021, which covered things like property damage and medical monitoring. Tyco and the two other companies involved in the settlement have denied any wrongdoing.

For Furton, this is simply not enough.

“We opted out of the settlement because it did not include permanent, safe drinking water,” she says. “I don’t want a payout. I want to be able to have safe drinking water in my home.”

While Furton acknowledges that her neighbors are well within their rights to participate in the settlement, she is concerned that Tyco has been using a “divide-and-conquer” tactic to keep the community from organizing effectively. Anyone who was part of the settlement cannot sue Tyco, leaving a smaller pool of residents eligible to file a more expansive lawsuit that would hold the company liable for the full extent of the damage, including properties outside the limited designated area.

Asked about this, Perrotto writes, “Although Tyco does not comment on pending litigation, we stand behind the years of work and considerable resources we have invested in investigating and remediating PFAS related to historic operations at our Fire Technology Center in Marinette.”

Regardless, Furton sees a major power imbalance at play, with a large company like Tyco having an entire legal team to devote to this ongoing battle while the community is left to find solutions with limited resources. “I have to think that they know, or hope, ‘OK, if we parse out enough people, they won’t have a fighting chance,’ ” she says. “There’s a corporate playbook that they all know how to go by, but there’s not a citizen playbook.”


For Peshtigo residents like Furton, Kowalski, and Rhude, creating a sustainable, community-wide solution to their water problem is a top priority. But it’s not so simple in a town where everyone gets their water from private wells, which draw from groundwater.

In Wisconsin, as in many states, there is no groundwater standard for PFAS. There is a drinking water standard of seventy parts per trillion for PFOA and PFOS, two of the most common PFAS compounds, but this designation applies only to public water systems that serve at least twenty-five individuals.

One of the solutions that has been proposed in Peshtigo is to connect the town with the public water system in the neighboring city of Marinette. Though Marinette also has PFAS contamination within its city limits from Tyco’s plant, they draw their municipal water from Lake Michigan and are able to test and treat it before it goes out to individual homes.

In early 2019, at a meeting held in a local restaurant, Tyco said they were working with Marinette to pipe city water to affected Peshtigo residents.

But Furton says that after the meeting, she found out that Tyco hadn’t talked to the city of Marinette, hadn’t been working with local government officials in Peshtigo, and hadn’t informed the WDNR about this plan before publicly announcing it.

She notes that this kind of behavior has been typical for Tyco since this all began. “They will make these statements, these public promises, but they are not backed up by actual work, actual engineering, actual intergovernmental agreements.”

Perrotto provided The Progressive with a copy of a print ad that he said had run in local newspapers. It read, in part: “During 2023, Tyco evaluated over 600 additional groundwater and surface water samples collected last year, which confirmed the extent of PFAS impacts to groundwater from historical operations . . . . The data further demonstrate, as expected, that the plume is mature and not expanding.”

The ad continues: “Tyco is working with the WDNR to develop a long-term monitoring plan for groundwater. That plan will include over 150 monitoring wells located throughout the community to ensure the plume remains stable and geographically defined. All work will be done under WDNR oversight, and all data will be publicly available so our neighbors will be up to date on our continued progress.”

Meanwhile, the city of Marinette has indicated that they are not willing to extend their water service area to Peshtigo unless the town is annexed. This leaves residents with few other viable options for a permanent, clean drinking water source.

One is to dig new, deeper wells. But this comes with risks of its own. It’s possible that the local aquifer is already contaminated with PFAS, and even if it’s not, experts say that the process of drilling a new well could push existing “forever chemicals” farther down into the soil, creating more pollution and lasting problems.

Another option is to stick with the point-of-entry treatment systems, but these are limited to individual homes and require extensive maintenance. The WDNR has pointed out that there are long-term challenges to relying on POET systems, including that there is “no mechanism to ensure water quality protections are in place” after a property is sold and changes hands.

This brings us back to the municipal water route, which is favored by the WDNR as the best long-term solution. Elected officials in Peshtigo proposed creating a water utility district that could strike an agreement with the city of Marinette or another nearby city to receive municipal water. But while there were proponents of this plan, including Furton, who was serving on the town board at the time, it faced serious public opposition.

“I literally had a resident tell me one time that they would rather drink PFAS than city water,” Furton says.

There had recently been a town meeting with standing room only where residents voiced strong opinions about whether they supported the water utility district and, by extension, the town chair at the time, Cindy Boyle, who had spearheaded the effort.

Less than a month later, during the 2023 spring election, Boyle lost her re-election bid to a candidate who ran on a platform of rejecting the water utility district. The new town chair, Jennifer Friday, said that she cares about the PFAS problem but represents residents who “are not looking to completely vilify Tyco for their actions.”

While there are no easy answers when it comes to PFAS or holding megacorporations accountable for their actions, clean water advocates have not given up hope.

“You gotta look at the collective: What’s good for the entire state, the entire nation, the entire world versus what’s good for me,” Rhude says.

He has faced off with Tyco before in a landmark arsenic cleanup in the Menominee River, which took more than thirty years to be delisted as an area of concern. “Patience is a real virtue in this case, where you want to get the best solution for the most people. That’s gonna take time,” he says. “I think it’s important that we just stay the course and wait till that long-term solution is figured out.”

Furton echoed this sentiment. “We all need to look at this collectively because water doesn’t know municipal boundaries,” she says. “I don’t just want clean water for me now, or even for my lifespan. I want my kids and whoever lives in this house, in this community, in the future to also have that.” 

Richelle Wilson conducted the research for this story while producing Public Trust, a podcast from Midwest Environmental Advocates and Wisconsin Sea Grant, with support from the University of Wisconsin–Madison Center for the Humanities.

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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.

U.S. Plan to Protect Oceans Has a Problem, Some Say: Too Much Fishing

An effort to protect 30 percent of land and waters would count some commercial fishing zones as conserved areas.

New details of the Biden administration’s signature conservation effort, made public this month amid a burst of other environmental announcements, have alarmed some scientists who study marine protected areas because the plan would count certain commercial fishing zones as conserved.The decision could have ripple effects around the world as nations work toward fulfilling a broader global commitment to safeguard 30 percent of the entire planet’s land, inland waters and seas. That effort has been hailed as historic, but the critical question of what, exactly, counts as conserved is still being decided.This early answer from the Biden administration is worrying, researchers say, because high-impact commercial fishing is incompatible with the goals of the efforts.“Saying that these areas that are touted to be for biodiversity conservation should also do double duty for fishing as well, especially highly impactful gears that are for large-scale commercial take, there’s just a cognitive dissonance there,” said Kirsten Grorud-Colvert, a marine biologist at Oregon State University who led a group of scientists that in 2021 published a guide for evaluating marine protected areas.The debate is unfolding amid a global biodiversity crisis that is speeding extinctions and eroding ecosystems, according to a landmark intergovernmental assessment. As the natural world degrades, its ability to give humans essentials like food and clean water also diminishes. The primary driver of biodiversity declines in the ocean, the assessment found, is overfishing. Climate change is an additional and ever-worsening threat.Fish are an important source of nutrition for billions of people around the world. Research shows that effectively conserving key areas is an key tool to keep stocks healthy while also protecting other ocean life.Subscribe to The Times to read as many articles as you like.

Megadrought forces end to sugarcane farming in parched Texas borderland

The state’s last sugar processing mill closed because there’s just not enough water in the Rio Grande to share between the US and MexicoTudor Uhlhorn has been too busy auctioning off agricultural equipment to grieve the “death” of Texas’s last sugar mill.“I’m as sad as anyone else,” said the chairman of the board of the Rio Grande Valley Sugar Growers cooperative, which owns the now-shuttered mill in Santa Rosa, a small town about 40 miles from Brownsville. “I just haven’t had a whole lot of time to mourn.” Continue reading...

Tudor Uhlhorn has been too busy auctioning off agricultural equipment to grieve the “death” of Texas’s last sugar mill.“I’m as sad as anyone else,” said the chairman of the board of the Rio Grande Valley Sugar Growers cooperative, which owns the now-shuttered mill in Santa Rosa, a small town about 40 miles from Brownsville. “I just haven’t had a whole lot of time to mourn.”In February, the cooperative announced that it would close its 50-year-old sugarcane processing mill, the last remaining in the state, by the end of this spring. It didn’t even make it to the end of the season, with most workers employed until 29 April. Ongoing megadrought meant there wasn’t enough water to irrigate co-op members’ 34,000 acres of sugarcane, and that effectively puts an end to sugarcane farming in the south Texas borderlands.Co-op leadership blame this on ongoing shortages related to a US water-sharing agreement that splits Rio Grande River water with Mexico. If only Mexico had released water from its reservoirs to American farmers as decreed by a 1944 treaty, Uhlhorn told the Guardian, sugarcane might have been saved. Phone calls and emails to various Mexican consulates were not returned.But sugarcane’s demise in Texas is indicative of many agricultural areas’ water woes. Increasingly dry farms find themselves vying with other farms, cities, industries and mining operations for dwindling resources. In 2022, drought decimated Texas cotton and forced California growers to idle half their rice fields. Water disputes are also on the rise as decreased flows in the Colorado River and other vital waterways pit state against state, states against native nations and farmers against municipalities.“That story is playing out all across the western US,” said Maurice Hall, senior adviser on climate-resilient water systems at the Environmental Defense Fund (EDF). And irrigated agriculture, “which uses the dominant part of our managed water supply in most of the arid and semi-arid western US, is right in the middle of it”. Sugarcane may be the first irrigated crop to go under in the lower Rio Grande. But it probably won’t be the last.By early March, the mill had harvested the last sugarcane crops from about 100 area producers, including from the 7,000-acre farm Travis Johnson works with his uncle in Lyford, Texas. His family has farmed this land for 100 years, but sugarcane – a lucrative crop thanks to government subsidies – was a new addition about 20 years ago.As the lower Rio Grande’s notoriously fierce winds gusted through his phone, Johnson sounded resigned to the end of his family farm’s sugarcane era. For the near future, he’ll be growing more of the cotton, corn and grains that fill out the rest of his acreage. “It was nice to have another crop we could rely on,” he said. “Sugarcane was something that we could harvest and get money for during a time when we were spending money on our other crops.”Though sugarcane was a reliable cash crop, it is also a water hog. In a place like the lower Rio Grande, where average rainfall is 29 inches or less a year, sugarcane requires up to 50 inches of water a year. It cannot grow here without irrigation. The co-op’s sugar mill churned out 60,000 tons of molasses and 160,000 tons of raw sugar annually, and that’s also a water-heavy business.“So many of the steps along that process require a massive amount of water,” starting with washing cane when it comes in from the field, said journalist Celeste Headlee, whose Big Sugar podcast explored Florida’s exploitative sugar industry. (The bulk of US sugarcane is commercially in only two other states, Florida and Louisiana; less water-intensive sugar beets are grown in cooler states like Minnesota and North Dakota).Per the 1944 treaty, Mexico is obligated to deliver 1.75m acre-feet of water to the US in any given five-year cycle (the current cycle ends in October 2025).Burnt sugar cane is spread out at an even height at Rio Grande Valley Sugar Mill in Santa Rosa, Texas, in 2005. Photograph: Joe Hermosa/AP“This thing worked pretty good up until 1992,” said Uhlhorn, when “we got into a situation where Mexico was not delivering their water” due to extraordinary drought – a scenario that played out again in the early 2000s. In 2022, Rio Grande reservoirs fell to treacherously low capacities. A storm eventually dumped rain mostly on the Mexican side; what fell in Texas “was enough water for maybe one irrigation, but you’d have to starve your other crops” in order to water sugarcane, Uhlhorn said. A Texas Farm Bureau publication said that Mexico currently “owes 736,000 acre-feet of water”.Lack of water caused Texas growers to plow under thousands of acres of sugarcane during the last growing season. “So now [the farmers are] down to 10,000 acres and we’re no longer viable,” explained Uhlhorn about the decision to end production. “Even if we had the best yields ever, with our fixed costs, the mill would have lost millions of dollars.”The Texas A&M agricultural economist Luis Ribera said: “It’s not that Mexico is holding the water because they are bad neighbors. They’re using it” because drought has plagued both sides of the border. As David Michel, senior fellow for water security at the Center for Strategic and International Studies, elaborated, the entire Rio Grande [Valley] faces these challenges “from source to sea. Users on both sides of the border are going to have to define water efficiencies and conservation strategies to mitigate these pressures.” In other words, said Travis Johnson, the mill closure “is probably going to be a wake-up call for farmers in our area, whenever we do get water again, to try to conserve it as much as possible”.In the immediate post-closure period, Uhlhorn and the cooperative members are selling off equipment to settle debts and trying to find replacement jobs for mill staff at places like SpaceX and the Brownsville Ship Channel. The facility employed 100 full-time workers and supported another 300 part-time laborers. The cooperative also reportedly shipped all remaining sugar from its warehouses more than 600 miles away to the Domino refinery in Chalmette, Louisiana, one of the hemisphere’s largest sugar processors.The Santa Rosa sugar mill was a vital cog in an industry that generated an estimated $100m annual in economic impact from four counties in the lower Rio Grande. The loss of jobs and community revenue might well extend to the valley’s $200m citrus industry, which also is struggling to meet its water needs and survive.“I wish I could tell you we had all the answers and we were geniuses, and we were going to avoid what happened to the sugar mill. But I can’t,” said Dale Murden, a grapefruit and cattle farmer. “Water going into the spring and summer is as low as it’s ever been, and some water districts have already notified customers they’re out [of water] for the year. Without rains and inflows and cooperation from Mexico, we are in serious trouble.”The International Boundary and Water Commission, which is responsible for applying the 1944 treaty, began negotiating a new provision to it – called a “minute” – in 2023, with the aim of “bringing predictability and reliability to Rio Grande deliveries to users in both countries”, a spokesperson wrote in an email.Vanessa Puig-Williams, EDF’s Texas water program director, said that if the new minute focuses on the science of how much water is actually available on both sides of the border, that would be an opportunity “to think more innovatively and creatively about how we can conserve some of those water rights”.Either way, Michel said farmers must adjust to a thirstier reality. That might include using recycled water and tools like moisture sensors, finding better irrigation techniques and planting more drought-resistant crop varieties. And they may have to reconcile themselves to the fact “you won’t be able to do [certain things] any more just because there isn’t water”.Chelsea Fisher, a University of South Carolina anthropologist who studies environmental justice conflicts, said lessons relevant to the current water crisis can be found throughout agricultural history. “Something that you notice across societies that manage to farm sustainably for at least several centuries is that they’re emulating relationships that already exist in nature – whether that means copying the way that wetlands recycle nutrients, whether it’s dryland farming that is very much in sync with the ways that water naturally gathers in certain places,” she said.In fact, Johnson plans to stop growing crops that require irrigation. Instead, he’ll focus only on those that can be grown with naturally available moisture. “I don’t think [the water situation] just amazingly gets better overnight,” he said.The Environmental Defense Fund’s Hall said that the water crisis was pushing growers to ask: “What is the future that we want? And how do we move toward that future, recognizing with a clear-eyed view what the real hydrology is? … People want to continue doing what they’ve been doing. But at some point, undesirable things are going to happen. Things like sugarcane and industries and whole communities going away. Farmers who are willing to listen to what the science is telling us is going to happen, and to think about how we can do things differently: that is where the real innovation at scale is going to happen.”Reporting for this piece was supported by a media fellowship from the Nova Institute for Health

As California cracks down on groundwater, what will happen to fallowed farmland?

California water regulators are cracking down on the overuse of groundwater by farmers. Enforcement could prompt them to idle thousands of acres of farmland and poses larger questions about what will happen to the affected fields.

In summary California water regulators are cracking down on the overuse of groundwater by farmers. Enforcement could prompt them to idle thousands of acres of farmland and poses larger questions about what will happen to the affected fields. A couple of weeks ago, the California Water Resources Control Board put five agricultural water agencies in Kings County on probation for failing to adequately manage underground water supplies in the Tulare Lake Basin that have been seriously depleted due to overpumping. It was the state’s first major enforcement action under the State Groundwater Management Act, passed a decade ago to protect the aquifers that farmers have used to supplement or replace water from reservoirs that’s curtailed during periods of drought. In some areas, so much groundwater has been pumped that the land above it has collapsed, a phenomenon known as subsidence. The board’s action on April 16 not only subjects the Kings County agencies to fees and tighter monitoring but sends a message to irrigators throughout the state that they must get serious about eliminating overdrafts after having a decade to adopt aquifer management plans. Curtailing groundwater use is not an isolated event, but rather a significant piece of the state’s declared intent to reduce the share of water devoted to agriculture – roughly three quarters of overall human use – as the state adjusts to the effects of climate change. As if to punctuate that goal, federal water managers have told San Joaquin Valley farmers that despite two wet winters they will receive less than half of their contracted allocations of water during this year’s growing season. In decades past, when surface water from reservoirs has fallen short of demand, farmers have drilled deep wells to tap aquifers. With the state water board cracking down on groundwater, it is inevitable, experts say, that some fields will have to be taken out of production. The Public Policy Institute of California, which closely monitors management of the state’s water supply, has estimated that at least 500,000 acres of farmland will be fallowed when the groundwater law is fully implemented. Whose lands will be affected, what happens to idled acreage and the financial impacts are issues hovering over groundwater reduction. One day after the water board’s crackdown on Kings County, a hint of those issues surfaced as the Assembly Utilities and Energy Committee approved legislation that would make it easier for farmers whose access to groundwater is restricted to convert their fields into solar energy farms. Assembly Bill 2528, carried by Assemblyman Joaquin Arambula, a Fresno Democrat, would allow affected farmers to withdraw their land from Williamson Act conservation contracts and use it for solar power generation without paying the stiff cancellation fees now in current law. The six-decade-old Williamson Act gives farmers big reductions in their property taxes in return for making long-term commitments to keep land in agricultural production. Learn more about legislators mentioned in this story. Joaquin Arambula Democrat, State Assembly, District 31 (Fresno) Arambula told the committee that “many agricultural landowners are at risk of losing access to water that is essential for their ability to farm their land (and) this confluence of water sustainability needs and clean energy demand creates an opportunity for us to craft an approach that addresses multiple economic and environmental goals.” The bill is backed by the solar power industry and the Western Growers Association, which generally represents large farmers. However, the California Farm Bureau, with many relatively small farmers as members, is opposed, saying the bill could undermine the Williamson Act’s goal of conserving farmland. The split between the two farm groups implies that as groundwater is curtailed, there will be a scramble over the conversion of fallowed fields. Some farmers are already lining up deals with solar energy interests that would be even more lucrative if they can cancel their Williamson Act contracts without paying hefty cancellation fees, as much as 25% of the land’s value.

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