Brownie Carson, NRCM's executive director

Taking a Stand for Moosehead and Maine’s North Woods

Given NRCM’s extraordinary efforts over nearly five years to protect the Moosehead Lake region from Plum Creek’s huge development plan, filing an appeal may have seemed an obvious step after LURC’s decision to approve it. But we spent considerable time carefully analyzing and discussing the merits, policy options, and alternatives.

Appeals of this type are an uphill battle. Courts often defer to an administrative agency, like LURC, and do not like to overturn a decision made by a government entity unless absolutely necessary. One of the first questions a judge might ask is, “Was this decision arbitrary and capricious?” In this case, LURC’s approval of Plum Creek’s plan was so egregious that, despite the odds, we felt we had no choice but to appeal.

In an unprecedented and unlawful move, LURC made up its own process in order to approve the proposal. This process included assisting Plum Creek in the work of developing, the Moosehead region by directing LURC staff and consultants to rewrite Plum Creek’s plan.

Needless to say, the public was excluded from this rewrite. LURC’s formal written decision of September 23rd, nearly 200 pages long, acknowledges that the plan was legally deficient at the close of the public hearings. The case should have ended there—unless Plum Creek had appealed its denial.

LURC strayed from its mission by its blatant disregard for concerns raised by thousands of Maine people, from every county in the state—an outpouring of public sentiment rarely seen in Maine. Thirty-eight years ago, LURC was established to safeguard the North Woods, to ensure that this ten million acres of forest would be protected from the ravages of fragmentation and development. Simply put, LURC failed to uphold its responsibility, and to keep the public trust. We can not let such action go unchallenged.

As we forge ahead with the long, hard work of this appeal, it is important to look back at NRCM’s history. Maine’s most significant environmental victories—like passing the bottle bill and billboard laws, removing the Edwards Dam and restoring the Kennebec River, and creating the Caribou-Speckled Wilderness Area, have been extraordinarily difficult. Important victories of past years were made possible by the unwavering dedication of Maine people, and the determined efforts of this organization. Defending the special character of Moosehead Lake is no less difficult, but we must once again—together—show that we are up to the task.

As always, the commitment of NRCM members is at the heart of our efforts. Your words of encouragement, your generous financial support, and—most importantly—your passion for Maine’s environment, are at the core of our work. Thank you for all you do for Maine, and for NRCM.

Thank You, Now More Than Ever

I would like to take a moment in this issue of Maine Environment to personally thank you for being a member of the Natural Resources Council of Maine. When times are tough, contributing to a nonprofit organization whose mission you believe in may mean sacrificing in another area. Your generosity during this time of economic challenge demonstrates just how much protecting the nature of Maine means to you.

With so much attention on the economy across the country and here in Maine, the important work of protecting our environment is not often front page news. But, because of your support, NRCM maintains sharp focus on safeguarding our clean air and clean waters, reducing the use of toxic materials, designing a 21st century energy plan, and promoting sustainable land use and forest management policies. Over the long term, effective environmental stewardship is essential for a healthy Maine economy.

NRCM’s work at the Legislature, now past the half-way point, is addressing environmental issues that affect Maine’s economy now and in the future. Our staff are a strong presence at the State House every day. Lawmakers rely on our research and expertise in order to make informed decisions that will serve the best interests of Maine people.

Many of the bills on which we are lobbying illustrate the critical nature of NRCM’s role. I offer two examples: L.D. 886, “An Act to Secure Maine’s Energy Future”; and L.D. 973, “An Act to Provide for the Safe Collection and Recycling of Mercury-containing Lighting.”

As Advocacy Director Pete Didisheim noted in his testimony supporting LD 886, “Maine is highly vulnerable to an energy shock that could cripple our economy and disrupt lives and businesses statewide. Our heavy dependence on heating oil, and the age and inefficiency of our buildings, are setting us up for an extremely challenging future.” LD 886, drafted by NRCM in cooperation with thoughtful colleagues, proposes aggressive investment in energy efficiency and a comprehensive program, over a 10 to 20 year period, of retrofitting, weatherizing, sealing, and insulating Maine’s homes and businesses.

LD 973 is also about energy conservation (compact fluorescent light bulbs), but it really addresses the need to remove even small sources from our waste stream. NRCM proposed this bill because we want to protect fish, wildlife, and our children from the toxic threat posed by mercury contamination.

Outside the legislative halls, we continue to focus on protecting the North Woods. We recently filed final comments on Plum Creek’s massive Moosehead development, and will carefully consider our options after LURC casts its final vote. Your steadfast support during the lengthy (four-plus) years of this difficult case has enabled us to shrink significantly the footprint of this plan. We intend to persist in defending the integrity of the landscape in the North Woods.

Like other families, businesses and non-profits, NRCM has felt the impact of the economic downturn. We have cut expenses in every possible way, while staying committed to the environmental advocacy that is our hallmark. You will have noticed that this newsletter is four pages instead of eight. Please visit our website for more detail and commentary on our work. As always, if you have any questions, concerns, or comments, please don’t hesitate to contact us.

Throughout our 50 years protecting Maine’s environment, NRCM members have always stepped up when we’ve needed you most. Trying economic times like these are no exception. Thank you for your ongoing support.

Change is On the Way

Change. It’s what our natural environment is all about. One day the sky is gray and falling snow veils the horizon. The next, the sun shines brightly from a blue sky. Winter gives way to spring. Trees, leafless for a spell, burst again with shades of green. Birds return, filled with song, to build new nests and raise another brood of young.

Changes like these are good for the spirit after months of cold. The same can be said for political change. Witness the sight of nearly 2 million people that came together at the National Mall in our nation’s capital on January 20, 2009, to witness the swearing in of Barack Obama as the new President of the United States. Millions more watched, all over the world, from homes, classrooms, offices. The monumental event was broadcast on monitors along city streets, in airplanes, in movie theatres. For the first time in recent memory, a broad segment of the world has renewed hope that the challenges of the human race will be faced with courage, creativity, and a unity of strength.

Obama’s presidency signals amazing possibility for our country, our world, and for me, our state. Here in Maine, generations before us lived sustainably off our state’s incredible natural resources—our once abundant fisheries and game animal populations, our seemingly limitless forests of tall trees, our clean air and water. But in recent years,

Maine has squandered much of our environmental reserves, the result of a lack of vision for the future. Short term gains have spent down our natural resource bank account for the benefit of some at the expense of many. The latest example: real estate speculators with no real ties to our state, like Seattle-based Plum Creek, that want to carve our North Woods into massive housing developments for trophy homes.

The hope that Obama’s presidency brings is tinged with the solemn reality that to succeed, we must be willing to transform ourselves, to, ourselves, be the change. Our nation is in the midst of sobering times, but we can—we must—make change happen. It can start right here in our state.

Maine still has some of our country’s most precious and beloved natural places and resources. This includes our creative and resilient people. If we are to give today’s children and tomorrow’s grandchildren the opportunity to remain here, we must protect the backbone of our economy – our natural resources – by making our voices heard. By holding our elected officials accountable. By working for the kind of change that will lead us to a future that finds prosperity in a sustainable balance between our natural resources and our economy. A future that is within our grasp yet so far remains elusive.

As I tuned in to President Obama’s inaugural address with my colleagues in a conference room here at NRCM, these words, among many, leapt off the monitor: “What is required of us now is a new era of responsibility — a recognition, on the part of every American, that we have duties to ourselves, our nation, and the world, duties that we do not grudgingly accept but rather seize gladly, firm in the knowledge that there is nothing so satisfying to the spirit, so defining of our character, than giving our all to a difficult task.”

Here in Maine, we have a difficult task, but not an impossible one. As we celebrate NRCM’s 50th anniversary this year, we are reminded of what individuals, working together, can accomplishment. Many of the successes that mark our history were, we were told, not possible. We proved the skeptics wrong, and I hope you will read about some of them on pages 5 and 6. These successes give us hope for the future as we move forward toward the vision that will ensure a happy and healthy Maine for generations to come.

New Directions, New Opportunities

The past few months have been historic in many ways. Not simply because of the election of the nation’s first black President, but also because of the meteoric rise, then fall, in energy prices; the tumultuous condition of the global economy, and – closer to home – the unsettling culmination of Plum Creek’s rezoning application for development around Moosehead Lake. Each of these developments reminds us that we live in a changing world – a world with new challenges and new opportunities continually playing out before us.

Only a few weeks have passed since the elections, and NRCM staff is still adjusting to the prospects of an entirely new political context. Here in Maine, we will have 50 new lawmakers in the State Legislature, including six new representatives less than 30 years of age. Having run for Congress at age 24, as a Bowdoin senior, I welcome the energy and commitment to service demonstrated by these newly elected alumni from Colby, Bowdoin, the University of Maine, and College of the Atlantic. This is change that I am prepared to believe in.

We also are excited about the possibilities for a change in direction at the national level. After eight years of inaction on the issue of climate change, we are ready for U.S. leadership. We are very encouraged by President-elect Obama’s emphasis on investing in renewable energy to help reduce our addiction to fossil fuels. Maine’s Senators Olympia Snowe and Susan Collins should bring bipartisan leadership to this important initiative.

The rise in energy prices last summer sent a shock wave through our system, and demonstrated the costs of our dependence on oil. Although energy prices have fallen due to the economic recession and widespread actions to conserve energy, we know that these lower energy prices will not hold. That is why it will be crucial to keep investing in energy efficiency and renewable energy during the months and years ahead, to enhance our environmental and economic security.

According to a new report, an ambitious clean energy initiative could create two million new U.S. jobs, including more than 9,000 here in Maine (see www.nrcm.org/green_jobs.asp). That’s what we need now, as traditional manufacturing jobs decline and we come to grips with the imperative of shifting to renewable energy and energy-efficient homes and businesses.
Maine also needs to come to grips with changes in our North Woods. Our forests no longer are owned by timber companies. Instead, they are owned primarily by investment and real estate firms such as Plum Creek. Intent on maximizing profits, Plum Creek muscled its way to securing preliminary approval of a Moosehead Lake development plan that remains too large, with too much development in the wrong places. Over the past three years, Maine people spoke up in record numbers against Plum Creek’s plan, and achieved very significant improvements. But Maine’s Land Use Regulation Commission faltered during its September deliberations, and now appears headed toward approval of a flawed plan – particularly in terms of allowing a resort development at Lily Bay.

Winston Churchill once said, “There is nothing wrong with change, if it in the right direction.” As we come to the end of 2008, we are both excited by and a bit anxious about the changes underway in our political system, economy, energy sector, and forests. But we also are as determined as ever to ensure that change takes Maine and our country, in the right direction. With your continued active involvement and generous, support, we will move forward in 2009.

Days of Sun and Uncertainty
Maine’s glorious summer days are that much finer when we can celebrate victories for our environment under a bright summer sun. July 17, 2008, was just such a day. That was the day the Fort Halifax Dam in Winslow was breached. This event serves as another major milestone in the restoration of the Kennebec River.

Now, native Maine sea-run fish, including striped bass, salmon, sturgeon, and shad, will be able to swim into the Sebasticook, a major tributary to the Kennebec that has been blocked to fish passage by the 470-foot-wide Fort Halifax Dam for 100 years.

This historic occasion followed five years of legal battles brought by a handful of landowners living along the Fort Halifax impoundment, despite the fact that the dam’s owner, FPL Energy Hydro, had determined that the economic benefits of the dam’s removal far outweighed the benefit of leaving the dam in place. NRCM and our partners in the Kennebec Coalition intervened in these law suits, and the courts agreed with us in every instance. On July1, the Federal Energy Regulatory Commission finally authorized removal of the Fort Halifax Dam.

We have seen first-hand what can happen when a river is given a second chance. The landmark removal of the 162-year-old Edwards Dam in Augusta in 1999 resulted in a return of our native fishes as well as Bald Eagles, Osprey, and other wildlife. With them have come anglers, paddlers, birders, and many other signs of a healthy ecosystem. We look forward to this next phase of rejuvenation of the mighty Kennebec.

The situation is not quite so sunny regarding the ongoing campaign to defend Moosehead Lake. In May, Land Use Regulation Commission (LURC) staff crafted amendments to Seattle-based Plum Creek’s massive development plan for the region. We were pleased that many of the problems NRCM and our allies raised were addressed. These include removing development proposed on the north shore of Long Pond, strengthening what had been extremely weak easement terms, and shrinking (but not eliminating) the development “envelope” at Lily Bay.

During the month-long public comment period on LURC staff’s amendments, your individual and collective voice once again sent a clear message: no development on Lily Bay.

Scientists, nature-based tourism professionals, and other experts agree that protection of Lily Bay is important to the region for economic as well as ecological reasons. In addition, for almost half a century, Maine families have enjoyed the affordable vacation—and peace and quiet—that Lily Bay State Park provides. Unfortunately, the LURC amendments include a resort, 404 exclusive house lots, a marina, golf course, roads, and more, right on Lily Bay peninsula.

Of the 1,762 letters LURC received opposing the current version of Plum Creek’s plan, more than 1,500 letters specifically ask for protection of Lily Bay. I invite you to read the front-page story of this newsletter to find out what these numbers really mean. To stay informed of up-to-the-minute news relating to this issue, I invite you to join our Action Network online at www.nrcm.org.

Thank you for taking action to protect Moosehead. Your efforts are making a difference. On a beautiful summer day, with the sun shining, the birds singing, and families splashing in our lakes and surf or hiking our magnificent forests, there is simply no better place to be than Maine. Your membership support helps keep it that way.

A Renewal of Environmental Action

We live in exciting times. By all indications, we are witnessing a new wave of environmental awareness. People of all ages are expressing concerns about the health of our environment. Better still, a higher number of them are taking action to promote a more sustainable world. For NRCM staff members, this action is not only heartening, it is truly inspiring.
At levels that I have not seen since the early 1970s, people want to know what they can do to reduce their environmental impacts and how to become involved in environmental policy. They want to know how to buy renewable energy, clean cars, toxic-free products, and energy-efficient appliances. They want to influence environmental policy. Above all, they want to make a difference.
Here at NRCM, in the past six months alone, we have had one example after another of people participating in record numbers on environmental issues of our day. Let me share just a few examples.

• In December and January, hundreds of citizens turned out for hearings in Greenville, Augusta and Portland to speak out against in defense of Moosehead Lake. People from every corner of Maine asked the Land Use Regulation Commission (LURC) to scale back or deny Plum Creek’s massive development.

• At a recent press conference, I stood beside a pile of more than 2,000 hand-written letters submitted to LURC in opposition to Plum Creek’s proposed 2300-unit Moosehead Lake development. This is very likely the largest number of letters ever received by LURC on a project. These letters are amazing – heartfelt, passionate, persuasive.

• NRCM’s annual Citizen Action Day this year had the highest turn out in years, with an overflow crowd of people age 10 to 83 coming to Augusta from across the state to meet with their elected officials about environmental legislation.

• A huge crowd of mothers and children, senior citizens, public health advocates and Maine citizens rallied at the State House in early March in support of legislation to curb toxic chemicals in children’s products.

• In early April, more than 500 people attended the energy efficiency conference hosted by Governor Baldacci and cosponsored by NRCM. Participants traveled from all corners of the state—from businesses, schools, municipalities, and non-profit organizations—to learn how to cut energy costs, to increase energy security, and to help protect our environment.

Some of what we are seeing may be part of a larger phenomenon of civic engagement, reflected in the presidential campaigns. But there is more to it than that. I believe the reality of our energy and environmental predicament is finally setting in, and people are rising to the challenge.
There is growing realization that the use of coal, oil, and natural gas is making us vulnerable on several fronts. The reality of climate change is now indisputable and leading scientists are telling us that time is running out for us to be able to cut carbon emissions enough to protect the world we want our children to inherit. Consumers are fed up with toxic chemicals in our products. And a great mobilization is afoot to protect places in the natural world, including right here in Maine, before they are severely damaged or lost forever.
The challenges before us are enormous, but momentum is building for change. Big changes, little changes, they all add up. Thank you – for the changes you have made in your own life and, through your support for NRCM, for the changes you help this organization to make for protection of the Maine we love.

Please Join Us in Taking the “Protect Moosehead” Pledge

From Summer 2007 Maine Environment

In July, I sent you a letter outlining NRCM’s reasons for opposing “Version 3” of Plum Creek’s massive development proposal for Moosehead. These include:

• Lily Bay is the wrong place for a resort, and the magnitude of the Moose Mountain Resort is beyond what we believe the area’s environmental “carrying capacity” to be.
• The location of some proposed house lots is inappropriate—the undeveloped north shore of Long Pond, and those proposed for ecologically sensitive Burnham Pond, for example.
• All totaled, the number of new accommodations could be more than 2,300—more than twice the number of structures currently in Greenville.
• Loopholes in the conservation easement would allow mining, road building, and unsustainable logging. These deficiencies must be addressed.

When I shared these findings with you, I asked you to contact the Land Use Regulation Commission to request hearings in locations accessible to a majority of Maine people, so that everyone who cares about Moosehead will have the opportunity to make your voices heard.
You responded in droves. In fact, you have frequently shown your support for our efforts to protect Moosehead during the past two and a half years, by contacting LURC, writing letters-to-the-editor, sending encouraging letters to us here in the office, renewing your membership, and making generous additional financial gifts. For that, all of us here at NRCM thank you.

Now, we need you to take one more very important action.

We need you now more than ever. A full house before the LURC commissioners will show them that we will not allow Seattle-based Plum Creek to ruin one of Maine’s truly special places.

As always, thank you for your support, and for all you do to protect Maine for our children and grandchildren.

Pollution Control
From Spring 2007 Maine Environment

It’s more than a little unsettling, the notion that pollution from distant chemical plants and industrial facilities invades and settles into our bodies — especially our children. Even more disturbing is the fact that this contamination also comes from chemicals in everyday household items, things we all buy and bring into our homes. Recent debate about banning Deca, a brominated flame retardant found in plastic casings of some electronic products, has shined a spotlight on this problem.

Human exposure to these chemicals, of course, comes from many sources. How much mercury is in the fish we have caught and eaten on canoe trips, or purchased at our local supermarket? How about the chemicals that so many Vietnam veterans and Iraq war veterans have ingested? What about the compounds leaching from landfills into our precious water supplies, or the tons of dioxin poured into our rivers from paper mills over many decades?

In my own home, I wonder about how many chemicals my children were exposed to from carpeting, furniture, and other everyday items we believed to be safe.

In the 1950s and 60s, we learned that animals could collect harmful chemical residues from industrial activity in their body tissues. We lost the entire eastern race of the Peregrine Falcon and sent other species, including the Bald Eagle, our national symbol, to endangered status. Only then did we come to fully understand that rampant use of DDT collected and increased in the bodies of predatory birds. Transformed into DDE, the chemicals caused the eggshells of birds like Peregrine Falcons, Ospreys, and Bald Eagles to be so thin that the mother bird’s weight would crush her own eggs.

Since that time, scientists have greatly increased the sophistication of tests to detect a vast array of chemical residues. Now, we humans are finally turning the microscope on ourselves. Fourteen brave souls here in Maine recently participated in a study to determine the extent of toxic chemicals in the “typical Mainer.” These people came from all parts of the state and from range of professions. When organic farmers, remote wilderness camp operators, and health care professionals are contaminated with a wide range of chemicals, we know there is problem.

NRCM and our partners in the Alliance for a Clean and Healthy Maine have made it a high priority to remove the worst offenders from the list of chemicals that are collecting in our bodies. We are working toward a more comprehensive and systematic way of ensuring that humans and our environment do not become the unwitting dumping ground for the by-products of the chemical industry.

We may never know exactly how the world’s industrial legacy will impact human and environmental health. But, right now, we know enough to warrant further strong action to avoid exposure to a wide range of dangerous chemicals. Thanks to your support for the work of the Natural Resources Council of Maine, we will ensure that laws are passed so that our grandchildren and their children will carry less of this toxic burden in their bodies.

You Really Can Make A Difference
From Winter 2007 Maine Environment

“Make your voice heard.” How often have you heard our staff say this? How many times have you read this call to arms in NRCM publications? In fact, we say it again in this issue of the newsletter, on page 4, as part of our invitation to join NRCM’s Action Network. That’s because you will make a difference, and we need you in 2007.

Later this year, the Land Use Regulation Commission (LURC) will be holding public hearings to help LURC staff make an important decision. That decision is whether or not to permit Seattle-based Plum Creek Real Estate Investment Trust to move ahead with the largest development ever proposed in Maine, in the Moosehead Lake region. Almost a thousand house lots. Two resorts. An unlimited number of “accommodation units” (which could mean gated communities, more house lots, and condos). And much more, sprawling through 58 subdivisions in our treasured Moosehead area.

More than 30 years ago, a chorus of concerned voices stopped the proposed Dickey-Lincoln project from destroying the Allagash. In the 1980’s, many voices joined together in a powerful coalition and kept the Big A dam from spoiling the Penobscot’s mighty West Branch. And in 2005, more than 5,000 signatures collected by NRCM and delivered to LURC helped send Plum Creek back to the drawing board.

Unfortunately, the company’s new plan has changed little from its first. More than 90 percent of the development is planned for the exact same places. Now we have learned that Plum Creek’s claims of sustainable forest practices are far from justified. NRCM’s investigation last fall, launched in response to complaints from hunters and loggers led us to uncover the company’s terrible record of destructive forest management in Maine’s North Woods. Plum Creek has had 18 clearcutting violations and has been fined $57,000—by far, more than any other forestry company in Maine. Plum Creek knowingly destroyed winter habitat identified by Maine’s wildlife biologists as being important to deer for food and shelter.

Too much development in the wrong places, and now this blatant disregard for laws designed to protect our North Woods and the animals that live there—we can defeat this $5 billion company if we continue standing together.

I would like to personally invite you to become part of our network of citizens willing to attend LURC hearings this spring. We need your support to stop Plum Creek from ruining what is so special about Maine. You may choose to testify or to simply attend as a show of support. We will stay in close contact with you leading up to the hearings, and will help you help us grow our network of supporters during the critical window before the hearings.

There are others ways to “make your voice heard,” too. If you haven’t already, please also sign our new petition asking LURC to turn down Plum Creek’s application. Join our Action Network to receive updates about the Plum Creek issue. Bookmark our website (www.nrcm.org) and check in often for the latest news. And as always, we appreciate the financial support you provide to enable us to defend special places like Moosehead Lake, a true gem among the many wild, backcountry areas of Maine’s North Woods.

-Brownie Carson, Executive Director

Maine Environment is provided four times a year to NRCM members.
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