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Monday, July 30, 2012
Riverkeeper's Hudson Water Quality Report - June 2012
Monday, November 28, 2011
Supreme Court to Consider EQUAL FOOTING DOCTRINE, NAVIGABILITY, PROPERTY, FEDERALISM - PPL Montana, LLC v. Montana (10-218)
I find it fascinating and thought others might as well.
Should be interesting to follow through the Supreme Court.
NB
Best wishes, Richard Clifford
PPL Montana, LLC v. Montana (10-218)
Oral argument: Dec. 7, 2011
Appealed from: Montana Supreme Court (Mar. 30, 2010)
EQUAL FOOTING DOCTRINE, NAVIGABILITY, PROPERTY, FEDERALISM
After a lawsuit against hydroelectric company PPL Montana was dismissed in federal court, PPL Montana sought a declaratory judgment in state court to determine the ownership of riverbeds along three Montana rivers. The State of Montana asserted that it owned the riverbeds under the equal footing doctrine, and sought compensation for PPL Montana's use of the land. The Montana Supreme Court affirmed the lower court's grant of summary judgment to Montana, holding that the State of Montana owned the riverbeds and that PPL Montana owed the State of Montana $40,956,180. The issue of title largely turns upon whether the river is "navigable." PPL Montana argues that navigability for title purposes should be determined by looking at individual segments of rivers and the actual commercial use of rivers at the time statehood was obtained. Montana contends that the proper navigability test is the susceptibility of travel through longer river stretches, which can be informed by current uses. The Supreme Court's decision may affect rivers' public benefits and the reliance interests of riverbed owners.
-- Richard C. Clifford, Esq. Attorney at Law
Monday, November 14, 2011
Nov 30: Riverkeeper presentation: Hows's the Water?
How’s the Water – and How Can We Improve It? A Joint Presentation by Riverkeeper and Clearwater, sponsored by the Yonkers Paddling and Rowing Club and the Hudson River Watertrail Association
- When:
- November 30, 2011: 6:30PM to 8:00PM
- Where:
- Beczak Environmental Education Center, 35 Alexander St. – two blocks north of the train station in Yonkers, NY map
The Hudson River has long defined the character and quality of life in our communities. In recent decades the Hudson has enjoyed a revival with increasing numbers of people wanting to live near it and recreate in it. However, our management of the river has not kept pace with its new role as a popular recreational destination.
For six years, Riverkeeper’s Patrol Boat and its scientific partners have been testing the water for sewage contamination and reporting the findings to the public. Riverkeeper will present data from its Water Quality Testing Program, and discuss opportunities to improve public notification of sewage discharges and Hudson River water quality for safer swimming, boating and fishing.
Because the cities of the Hudson River Valley drive regional economic development and have high concentration of diverse people and environmental concerns, Clearwater has developed the Green Cities Initiative. Clearwater will present its Green Cities programs, which include working with underserved communities in waterfront cities to include principles of sustainability – such as watershed protection, green infrastructure practices, environmental justice, and climate justice – into all phases of municipal and community planning.
Questions and discussion will follow the presentations.
This event is sponsored by the Yonkers Paddling and Rowing Club and the Hudson River Watertrail Association, and made possible by a grant from the Westchester Community Foundation. Attendees will be asked for a suggested donation of $5 to benefit Beczak Environmental Education Center.
Thursday, October 27, 2011
DEP and DEC reach draft agreement on Green Infrastructure for CSO control
The New York State Department of Environmental Conservation and the New York City Department of Environmental Protection reached a draft agreement to reduce combined sewer overflows (CSO) into area water bodies, the agencies announced today. The agreement modifies New York City's approach to improving harbor water quality, under which the city will invest an estimated $187 million in green infrastructure projects by 2015, part of a planned $2.4 billion public and private investment over the next 20 years. The city will also complete work on approximately $1.6 billion in gray infrastructure projects. A public comment period on the proposal begins today and runs through November 18.
Go to October 19, 2011 ENB Notice for a summary of major changes to the CSO Consent Order, or fidn the entire document at 2011 CSO Order Modification.
Public Comment Period: The comment period commences on October 19, 2011 and concludes on November 18, 2011. Comments will be accepted by Gary Kline, NYS DEC – Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506 , Phone: (518) 402-9655, Fax: (518) 402-9029, E-mail: gekline@gw.dec.state.ny.us.
—–>Public Meeting: A public meeting will be held at the NYS DEC – Region 2, Annex Building, 11-15 47th Avenue, Long Island City, NY 11101, on November 9, 2011 starting at 6:00 p.m.<—–
Monday, October 17, 2011
CITIZENS' WATER QUALITY TESTING PILOT starts this week
For the next six weeks, volunteers from NYCWTA member groups will be collecting water samples every Thursday at a half dozen locations on the west side of Manhattan, right at their launch sites, and delivering them to The River Project on pier 40, where the staff will conduct the testing. We will chart the results in order to establish a set of baseline data that can be compared with DEP and RiverKeeper data, and correlated with local rainfall totals. If everything runs smoothly this fall, our hope is to secure funding for a season-long program next year that will gather near-shore water quality information at as many NYCWTA launch sites as is practical.
FAQs:
about the program:
• who is paying for the pilot program? the pilot program is being funded by NYCWTA and The River Project. If you'd like to help, any amount you wish to contribute would be appreciated. You can make a donation through google at the NYCWTA website's Support page.
• which bacteria are you testing for, and why? Enterococcus - Enterococci are commonly found in the feces of human and warm-blooded animals, and their presence in water--particularly brackish water as in the Hudson River estuary--is considered a reliable indicator of fecal pollution.
• where are samples being collected? samples are being collected at launch sites on the Hudson River and include: pier 25, pier 40, pier 66, pier 96, west 72nd street, west 133rd street, Inwood Canoe Club near Dyckman Street, and at the Yonkers Paddling and Rowing Club.
• how long will it take for results from a given sample? 24 hours is the standard time a sample is allowed to cure in an incubator to be counted.
• how do i get involved? if you'd like to help collect and transport samples form one of our sites, or would like your launch to be added to our list, please contact us back-channel at info at nycwatertrail.org We can't promise that we will be able to add sites to this fall's pilot program but we hope to expand our network in the spring.
for participants:
• when can i drop off my samples? Thursday between 10am and 12pm at The Rover Project offices, room 224 on the second floor of pier 40 at the end of West Houston Street. Please ask for Chris or Nina.
• how much water do you need, by volume, per sample? At least one cup (8 fluid ounces / half a pint / 240 mL), taken one foot below the surface right at your launch site.
• is there a special vessel i need to use to collect the sample? No, any clean jar with a lid will do.
• is there a temperature above or below which the samples needs to be kept? Samples should be kept kept as close to river temperature as possible and delivered no more than two hours after being taken from river.
• what information must i provide with my sample when i drop it off? collection site, date and time of collection, your name and phone (in case there are questions).
State Senate Hearing 10-14-2011, NYCWTA's Rob Buchanan's testimony
My name is Rob Buchanan, and I am here on behalf of the Steering Committee of the New York City Water Trail Association, an umbrella group that aims to represent the common interests of the human-powered boating community and the more than 20 community boating organizations that now populate the harbor.
I am also a board member of two of those organizations--the Village Community Boathouse, a community rowing group based on Pier 40 in lower Manhattan, and the Brooklyn Bridge Park Boathouse, which offers free public kayaking and rowing on the Brooklyn waterfront.
Sunday, October 16, 2011
NYCWTA on NPR
The newsblog is below or here:
http://www.wnyc.org/blogs/wnyc-news-blog/2011/oct/14/calls-better-information-after-hudson-river-spills/
In the next few days we will post our testimony here along with that from RiverKeeper's Tracy Brown and John Liscombe, and our colleagues at Queens College and SWIM coalition.