North Coast Dems Tighten Their Grip

Article from Anderson Valley Advertiser: theava.com

The project area is across from the Port of Sonoma, labeled with a red A

The project area is across from the Port of Sonoma, labeled with a red A

In what is probably a first in the history of wine’s conquest of all arable land in northern California, a 528-acre expanse of former wetlands in southern Sonoma County is set to be converted into a grape vineyard and olive plantation, with perhaps other crops in the mix.

Or is that the plan? The developers behind the project are known for audacious business ventures, and in recent years their various alliances with other entrepreneurs and some of the North Bay’s politically connected rainmakers has caused much speculation about their ultimate goals.

Called the Carneros River Ranch by its owner, this sprawling flat land of deltaic forces at the confluence of the Petaluma River and the San Pablo Bay was once upon a time a thriving marsh. The winter floods of freshwater flushing down from Sonoma Mountain to the East, and Mt. Burdell in the West, and tidal flows reaching up beyond Haystack Landing (roughly where the Highway 101 Freeway now crosses over the River), produced over several millennia a rich habitat for fish, birds and all other manner of life. Before Petaluma’s white pioneer immigrants forcefully displaced native Californians, and built levies to hem in the River and hold back the sea, the salt marshes stretched for well over 12,000 acres. In fish and game the Petaluma River watershed, especially its lower reaches in the salt marshes, were likely unsurpassed by any other spot in North America.

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Researchers find high levels of mercury in California’s coastal fog

By Christopher Stolz, Special to the Star

Saturday, December 10, 2011

A research team at UC Santa Cruz that this year for the first time tested coastal fog in California for mercury found raised levels of the element.

The team, led by chemist Peter Weiss-Penzias, reported finding “very high” levels of mercury, a neurotoxin, in the fog, according to a paper presented Thursday to a geophysical science conference in San Francisco on Thursday.

“These are unheard of levels for methylmercury,” said Weiss-Penzias. “People have measured methylmercury downstream from old mercury mines, where the bugs [microbes] have to convert inorganic mercury in sediment into methylmercury, and the highest levels they found were four parts per trillion. Well, our highest levels were 10 parts per trillion.”

Mercury is a naturally occurring element, but it can become toxic as it builds up in the environment, especially in fish, which can become hazardous to eat.

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Napa growers give up land for salmon

TRACIE CONE
Associated Press

Along one of the San Francisco Bay’s most valuable watersheds, healthy salmon runs will soon coexist, at last, with cabernet sauvignon.

The ambitious project to halt erosion in the heart of California’s premiere winegrowing region includes 40 landowners voluntarily giving up 135 acres of some of the most prized farmland in the nation, so riverbanks along the Napa River can be stabilized and salmon spawns restored.

“It’s valuable property, but we have to be stewards of the land and the environment,” said Regina Weinstein, of Honig Vineyard and Winery, which produces sauvignon blanc and cabernet sauvignon in the heart of the restoration area. “We want the land to be here and be healthy in the future, so we can pass on the business to future generations.”

Many stretches of the 55-mile-long Napa River have filled with silt over the years as floodwaters and non-native plants took a toll on the banks. The river drains into the San Francisco Bay and is considered the most important watershed in the region for steelhead and Chinook salmon spawning.

“Giving up a few rows of vines is a small thing to do to help the big picture,” said Weinstein, whose bottles can fetch up to $75 each.

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Salmon-Killing Virus Seen for First Time in the Wild on the Pacific Coast

By CORNELIA DEAN and RACHEL NUWER
NY Times: October 17, 2011

A lethal and highly contagious marine virus has been detected for the first time in wild salmon in the Pacific Northwest, researchers in British Columbia said on Monday, stirring concern that it could spread there, as it has in Chile, Scotland and elsewhere.

Farms hit by the virus, infectious salmon anemia, have lost 70 percent or more of their fish in recent decades. But until now, the virus, which does not affect humans, had never been confirmed on the West Coast of North America.

The researchers, from Simon Fraser University and elsewhere, said at a news conference in Vancouver that the virus had been found in 2 of 48 juvenile fish collected as part of a study of sockeye salmon in Rivers Inlet, on the central coast of British Columbia. The study was undertaken after scientists observed a decline in the number of young sockeye.

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Water treatment turns common chemicals toxic, says report

Ben Cubby
December 2, 2011

“There are hundreds and thousands of drugs out there, and so it is a pretty fair assumption that some of the things emerging from treatment are a lot more toxic than we thought” ... Stuart Khan, one of the study’'s authors.

“There are hundreds and thousands of drugs out there, and so it is a pretty fair assumption that some of the things emerging from treatment are a lot more toxic than we thought” ... Stuart Khan, one of the study’s authors.

TRACES of common pain-killing drugs are being transformed into toxic forms by waste water treatment plants, a new report from researchers at the University of NSW shows.

The study, which used samples from water treatment plants across Sydney and some interstate plants, showed that the organic sludge used to help destroy household chemicals can actually transform them into something else.

The altered chemicals from three widely-used household drugs were detected at very low levels, meaning that there is minimal risk to human health. But the consequences could be much larger for some aquatic environments where treated water is reused.

”There are hundreds and thousands of different drugs out there, and so it is a pretty fair assumption that some of the things emerging from treatment are a lot more toxic than we thought,” said one of the study’s authors, Stuart Khan, from the water research centre at the University of NSW.

Some drugs occur in two forms, called ”enantiomers”, which are very similar but not quite identical. ”Chemically, they are like a mirror image of each other; different in the same way a right hand and a left hand are different from each other,” Dr Khan said.

Sometimes pairs of enantiomers have different effects on living organisms, and when this happens, the enantiomer with a beneficial effect is separated from its toxic mirror image, and turned into a safe drug.

The key to the new findings is that careful testing of water samples from treatment plants were compared with fresh water and water containing raw sewage, including samples from the heavily-polluted Cooks River. The sewage contained the enantiomers associated with ordinary pharmaceuticals that are flushed down toilets or sinks across the city. But the treated waste water samples showed that the organic ”scrubbing” by bacteria in treatment plants had restored some of the toxic enantiomers.

The most infamous case of a chemical being transformed into a toxic chemical took place in the 1950s, when the drug thalidomide was administered to pregnant women but was changed to a toxic form in the human gut, causing birth defects.

”What this research means is that we really need to think about this question of measuring toxins a lot more broadly,” Dr Khan said.

The study was published in the peer-reviewed journal Water Research, and follow-up work is now being done on the effects of waste water treatment on other chemicals.

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Two Very Different Gualala River Watershed Groups

Dear Friends of the Gualala River,People sometimes confuse Friends of the Gualala River (FoGR) and Gualala River Watershed Council (GRWC) – two very different organizations. Here’s a comparison.

Friends of the Gualala River
(FoGR)

GualalaRiver.org
Wheatfield Fork, Gualala River, upstream from Clark's Crossing
Gualala River Watershed Council (GRWC)
GRWC.info
Preservation Ranch, Evans Ridge, grading operation
FoGR is a leader in environmental advocacy and action dedicated to protection and recovery of the Gualala River and its watershed, defending against threats like:
· industrial water diversion and export,
· mass agricultural conversion of forestland,
· destructive logging in the river floodplain,
· clear-cut logging in slopes above the river,
· pesticide pollution, and
· invasive non-native species.
GRWC is a forum for landowners and others to “communicate about the ecology of land use in the Gualala River watershed” for “engagement of the community” and “stakeholders” and “landowners.”GRWC’s mission statement precludes environmental advocacy and favors flexibility of landowner land use options.
FoGR’s steering committee is composed of all volunteers with no financial or political conflicts of interest in timber, agriculture, or water diversion, including representation of recreational fishing, public river access, park expansion advocacy, professional conservation biology. GRWC’s chair and vice-chair are timber industry professionals, secretary / treasurer is an agriculture industry professional; board members represent timber and agriculture interests, “stakeholders.”
FoGR is a grassroots environmental organization funded by public citizen donors and grassroots environmental foundations. GRWC is funded by state grant programs aimed at landowners, and private corporate sources.
FoGR uses applied science and environmental law in the service of conserving public trust resources – fish, wildlife, streamflow, groundwater, water quality, public access to the river – all published on FoGR website, which is updated frequently. GRWC uses applied science in the service of monitoring and mitigation of land uses including logging and vineyard conversion; no data available on website; published reports available by request only. Website unchanged 2004-2011.
FoGR protects the entire watershed, regardless of ownership, to promote natural ecological recovery processes of the river, its tributaries, and forests and woodlands of the watershed.Chris Poehlmann
Friends of the Gualala River
GRWC implements engineered habitat restoration and rural road improvements on lands owned by employers and clients of GRWC officers, using public funds
Posted in Logging Impacts, Salmonid/Wildlife Impacts, Streams and Wetlands Impacts, Vineyards, Water Conservation Issue, Watershed Related Concerns | Comments Off

Discussion on the Public Trust Doctrine


To All,
I just wanted to share an excellent essay on the public trust doctrine which I came across recently. It is by Dotty LeMieux – a Marin lawyer who does tree litigation and other excellent things in her practice and who has not one but three blogs!
Felice
Thanks, Felice….. LeMieux’s article is a good over-view.  And the law is still very much evolving.  In particular, Mary notes:
“An even trickier question is how to treat ground water, that water lying under ground, hidden from the public eye, but often feeding local water wells essential to human and agricultural consumption?

Traditionally, the public trust relates to navigable waterways only. In Mono Lake, the doctrine was found to extend to instances when diversion from a tributary to a navigable waterway damages that water, in that case, Mono Lake.

Ground water, that body of water lying under the ground, in springs for instance, is not so protected. Although ground and surface water are interconnected, there is no permit process for the use of ground water the way there is for surface water.”

This is precisely the question we raised and are seeking to resolve in favor of the Public Trust Doctrine vis-a-vis groundwater in recent litigation,Environmental Law Foundation, PCFFA, et al., vs. SWRCB, Sacramento County Superior Court Case No. 34-2010-80000583) filed 6/23/10, which is a Petition for Writ of Mandamus and a Complaint for Declaratory Relief.  In that case we are specifically seeking to extend the Mono Lake CasePublic Trust Doctrine to groundwater in California that is hydrologically connected to surface water flows, and thus overuse of that groundwater can deplete those surface flows.  Specifically we are citing the Scott River as a place where this routinely occurs, but the case would have state-wide precedent value and thus is being closely watched.  The case is in the preliminary stages of what is likely to be a very long drawn out litigation track, with an appeal now pending on a prior ruling against Siskiyou County that the case should not be transferred to Siskiyou County, but remain in Sacramento.  It will take us a while to get past these purely jurisdictional questions on appeal, also including denial of a request by the California Farm Bureau to intervene in the case to raise a lot of spurious property rights issues over water rights.
Anyone who wants more information about that landmark case can search the Court records at:  https://services.saccourt.com/indexsearchnew/ and get most of the key pleadings.
Again, the Public Trust Doctrine is still alive and well in California, but hard to use and so rarely used in the face of specific statutes (including laws protection water rights) that are far easier to apply.  But since California is now the ONLY state in the Union that does not control its own groundwater by state permit, leaving that only to the Counties which are (literally) in a race to the bottom of multi-county aquifers, cases like the ELF v. SWRCBare unfortunately the only way, without specific Legislation, to extend that Public Trust Doctrine to groundwater — and then only assuming we ultimately win this case after several more years of likely litigation and appeals.
Obviously, the NCSFC also needs to get involved in and support renewed Legislative efforts to get state control over groundwater uses as well.  This comes up nearly every Legislative session but is side-railed each time by Big Agriculture from various regions who do not want to be regulated in their massive groundwater pumping.  This is also an issue in the North Coast wherever irrigated agriculture occurs near fish bearing streams…. and that is in many place.
======================================
Glen H. Spain, Northwest Regional Director
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The Public Trust Doctrine: Venerable and Besieged

Dotty E. LeMieux

“By the law of nature these things are common to mankind—the air, running water, the sea, and consequently the shores of the sea. No one, therefore, is forbidden to approach the seashore, provided that he respects habitations, monuments, and buildings which are not, like the sea, subject only to the law of nations.”

The quote above is from the Justinian Code of 530 AD, on what has become known as the Public Trust Doctrine in jurisprudence. Justinian, the sage Roman Emperor who gave us much of what we now think of as “common law, had more to say on the subject:

“The seashore extends as far as the greatest winter flood runs up.” He wasn’t through yet: “The public use of the seashore, too, is part of the law of nations, as is that of the sea itself; and, therefore, any person is at liberty to place on it a cottage, to which he may retreat, or to dry his nets there, and haul them from the sea; for the shores may be said to be the property of no man, but are subject to the same law as the sea itself, and the sand or ground beneath it.” As one can imagine, the conflicts between those in the cottages and drying sheds along the shore and the rest of the public wanting to gather “cockles and mussels, alive alive oh” in the same area grew nastier and more complex as development increased and seashore living became a luxury for the leisure classes, instead of a necessity for the fisher folk.

Public Trust lands are strictly speaking the lands under the oceans and other waterways and are held in trust by the state for the people as a whole. They cannot be bought or sold, except in rare situations where the public trust itself will be benefited.

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Manufacturing Facilities Release Pharmaceuticals to the Environment

U.S. Geological Survey hydrologic technicians collect a stream sample from Hallocks Mill Brook downstream of the outfall of one of the wastewater treatment plants investigated.

U.S. Geological Survey hydrologic technicians collect a stream sample from Hallocks Mill Brook downstream of the outfall of one of the wastewater treatment plants investigated.

In a 2004-2009 study, USGS scientists found that pharmaceutical manufacturing facilities can be a significant source of pharmaceuticals to the environment. Effluents from two wastewater treatment plants (WWTPs) that receive discharge from pharmaceutical manufacturing facilities (PMFs) had 10 to 1000 times higher concentrations of pharmaceuticals than effluents from 24 WWTPs across the nation that do not receive PMF discharge. The effluents from these two WWTPs are discharged to streams where the measured pharmaceuticals were traced downstream, and as far as 30 kilometers from one plant’s outfall.

This is the first study in the United States that assesses PMFs as a potential source of pharmaceuticals to the environment. The PMFs investigated are pharmaceutical formulation facilities, where ingredients are combined to form final drug products and products are packaged for distribution. While pharmaceuticals have been measured in many streams and aquifers across the nation, levels are generally lower than one part per billion (1 ppb). Concerns persist, however, that higher levels may occur in environmental settings where wastewaters are released to the environment.

In this study, 35 to 38 effluent samples were collected from each of three WWTPs in New York State and one effluent sample was collected from each of 23 strategically selected WWTPs across the nation. The samples were analyzed for seven target pharmaceuticals including opioids and muscle relaxants, some of which have not been previously studied in the environment. Pharmaceutical concentrations in effluents from two of the three WWTPs in New York State, which both receive more than 20 percent of their discharge from PMFs, were compared to the measurements made at the third plant in New York State and at the other 23 plants across the nation, which all do not receive discharge from PMFs. Maximum pharmaceutical concentrations in effluent samples from the 24 WWTPs that do not receive discharge from PMFs rarely (about 1 percent) exceeded one part per billion. By contrast, maximum concentrations in effluents from the two WWTPs receiving PMF discharge were as high as 3,800 ppb of metaxalone (a muscle relaxant), 1,700 ppb of oxycodone (an opioid prescribed for pain relief), greater than 400 ppb of methadone (an opioid prescribed for pain relief and drug withdrawal), 160 ppb of butalbital (a barbituate), and greater than 40 ppb of both phendimetrazine (a stimulant prescribed for obesity) and carisoprodol (a muscle relaxant).

The pharmaceuticals investigated in this study were identified using a forensic approach that identified pharmaceuticals present in samples and subsequently developed methods to quantify these pharmaceuticals at a wide range of concentrations. Additional pharmaceuticals, which may be formulated at these sites, also were identified as present in the effluents of these two WWTPs. Ongoing studies are documenting the levels at which these additional pharmaceuticals occur in the environment. Information on other contaminants measured in the outflows of these WWTPs during this study are presented in Phillips and others, 2008. The environmental data, a description of the methods used, information on quality-assurance methods and protocols, and quality-control data are available in an accompanying USGS Open-File Report.

This study is part of a long-term effort by the New York State Department of Environmental Conservation and the USGS Toxic Substances Hydrology Program to determine the fate and effects of chemicals of emerging environmental concern and to provide water-resource managers with objective information that assists in the development of effective water management practices.

References Phillips, P.J., Smith, S.G., Kolpin, D.W., Zaugg, S.D., Buxton, H.T., Furlong, E.T., Esposito, Kathleen, and Stinson, Beverley, 2010, Pharmaceutical formulation facilities as sources of opioids and other pharmaceuticals to wastewater treatment plant effluents: Environmental Science and Technology Phillips, P.J., Smith, S.G., Kolpin, D.W., Zaugg, S.D., Buxton, H.T., Furlong, E.T., Esposito, Kathleen, and Stinson, Beverley, 2010, Method description, quality assurance, environmental data, and other information for analysis of pharmaceuticals in wastewater-treatment-plant effluents, stream water, and reservoirs, 2004-2009: U.S. Geological Survey Open-File Report 2010-1102, 2010. Phillips, P.J., Stinson, B., Zaugg, S.D., Furlong, E.T., Kolpin, D.W., Esposito, K.M., Bodniewicz, B., Pape, R., and Anderson, J., 2008, A multi-disciplinary approach to the removal of emerging contaminants in municipal wastewater treatment plans in New York State, 2003-2004: Clearwaters, v. 38, no. 3, p. 48-59.

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Discussion on the Latest on Estrogen in Water

To All,

Sewage effluent testing has shown high levels of estrogen and other pharmaceuticals that are likely to interfere with the reproductive cycle – and provide larger breasts for guys (as well as slower running and biking capabilities).

Sewage sludge has other issues – especially if handled improperly,

A way to beat up your sludge pumper up there? But then,I have a septic tank too. C

FYI,

Makes me wonder about biosolids waste from treatment plants that may be applied to land. Also, what’s in your septic tank?

T Yarish

 

“What’s surprising and shocking is how many compounds in effluent could be antiandrogenic,” says Louis Guillette Jr., an environmental toxicologist at the Medical University of South Carolina, who was not involved in the study. “If you combine such a large number of antiandrogens with estrogenic compounds, then you have a milieu that generates a more feminizing signal,” he says. “Researchers have to start thinking about the total hormonal signal arising from exposure to multiple compounds.”

Based on the concentrations of antiandrogenic compounds in the bile combined with their potency in the yeast screen, the researchers estimated that over half of the androgen blocking activity in fish bile came from chlorophene and triclosan, two germicides popular in consumer products like soap. This study is the first to show that chlorophene is antiandrogenic, Hill says.

From Chemical and Engineer News:

November 11, 2011 | Latest News Androgen Blockers Appear In Effluent

Water Pollutants: Popular germ killers could feminize male fish By Janet Pelley Department: Science & Technology Keywords: sewage effluent, antiandrogens, environmental estrogens, endocrine disruption, feminized fish, chlorophene, triclosan [+]Enlarge

Feminizing Soup Sewage effluent can contain a complex mixture of compounds that block male hormones Credit: Shutterstock Scientists have long blamed environmental estrogens in wastewater for feminizing male fish downstream of sewage plants. Instead of estrogens, however, a new study of treated wastewater identifies a wide range of antiandrogens–compounds that block male hormones– that can accumulate in fish (Environ. Sci. Technol., DOI: 10.1021/ es202966c).

“About 90% of the studies on endocrine disruption focus on environmental estrogens,” says Helmut Segner, a toxicologist at the University of Bern, in Switzerland, who was not involved in the study. These studies show that compounds in sewage effluent behave like estrogen and lead to low sperm counts and the genesis of eggs in the testes of male fish.

However, recent surveys have found that sewage effluent can also block testosterone. The same surveys linked the effluent to feminized male fish. Some scientists think they could affect human reproductive health, as well. But the surveys of antiandrogens didn’t nail down the identity of the compounds. Elizabeth Hill, an analytical chemist at the University of Sussex, wanted to know which compounds posed a threat to fish.

Hill and her team took advantage of the fact that bile ducts in fish livers concentrate environmental contaminants. The scientists exposed trout for 10 days to effluent from a domestic sewage plant in the U.K. They then extracted the bile and separated it into fractions, using reversed phase-high performance liquid chromatography.

Using recombinant yeast containing a human androgen receptor, the researchers tested whether each fraction contained antiandrogens. The yeast also contained a reporter gene that produced a color change when the scientists exposed the yeast to androgens. If the researchers added a bile fraction to the yeast and saw no color change, they reasoned that it contained androgen blockers. Team member Pawel Rostkowski then analyzed the chemicals in the fraction using gas chromatography/mass spectrometry. He identified each chemical by comparing its spectrum to those of known compounds. He then purchased commercially available standards for compounds he had found and confirmed that they blocked androgens using the yeast screen.

The research revealed 14 antiandrogenic compounds, and Hill thinks there were dozens more in the samples. The study is the first to show that fish take up antiandrogens from among the thousands of organic compounds in sewage effluents, Hill says.

“What’s surprising and shocking is how many compounds in effluent could be antiandrogenic,” says Louis Guillette Jr., an environmental toxicologist at the Medical University of South Carolina, who was not involved in the study. “If you combine such a large number of antiandrogens with estrogenic compounds, then you have a milieu that generates a more feminizing signal,” he says. “Researchers have to start thinking about the total hormonal signal arising from exposure to multiple compounds.”

Based on the concentrations of antiandrogenic compounds in the bile combined with their potency in the yeast screen, the researchers estimated that over half of the androgen blocking activity in fish bile came from chlorophene and triclosan, two germicides popular in consumer products like soap. This study is the first to show that chlorophene is antiandrogenic, Hill says.

Hill cautions that the study did not show that antiandrogens affect fish health. Her collaborators at the University of Exeter are currently testing these compounds to see if they feminize male fish.

Posted in Environmental Impacts, Pharmaceutical Contamination, Streams and Wetlands Impacts, Watershed Related Concerns | 1 Comment