SANTA - sierraclub.org · Santa Lucian • May 2017 SANTA 1 LUCIAN May 2017 Volume 54 No.5 ......

Santa Lucian • May 20171

SANTA LUCIAN May 2017

Volume 54 No.5T h e o f f i c i a l n e w s l e t te r o f th e Sa n ta L u c i a C h a p te r o f t h e S i e r r a C l u b ~ Sa n L u i s O b i s p o Co u n t y, C a l i f o r n i a

IIIII n s i d en s i d en s i d en s i d en s i d eLet us strategize together 2

Exxon: with fear & favor 3

The off-highway shuffle 4

Classifieds 7

Greeting Secretary Zinke 8

Outings 8

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Wild in the Plaza

Get furry Rep. Salud Carbajal confers with the Sierra Club otters.

Who KnowsHow the

Let’s discuss BOEM Pacific Regional Director Joan Barminski (left) fields a question at the April 13 California Offshore Wind EnergyPlanning Process meeting at the SLO County Government Center.

The Central Coast is offi-cially on the map for majorplayers in the internationalwind energy industry. In recent conferencesattended by CEOs fromfirms headquartered inCopenhagen and Beijing,the maps on the wall allfeature lines in the oceanoff the California coastfrom Piedras Blancas toVandenberg AFB. There are three reasonsfor our growing fame: Goodoffshore wind speeds, thelocation of substations andtransmission lines rightbehind the shutteredDynegy power plant inMorro Bay and the soon-to-be-shuttered Diablo CanyonNuclear Power Plant, andCalifornia’s target of 33%renewable energy on the

electrical grid by 2020 and50% by 2030. That’s why the federalBureau of Ocean EnergyManagement and the Cali-fornia Energy Commissionhave formed the Intergov-ernmental Renewable En-ergy Task Force and arebarnstorming the Californiacoast to meet with stake-holders (see “Moving Air,”March). On the evening of April13, it was San Luis Obis-po’s turn, with SupervisorBruce Gibson hosting aheavily attended open housedesigned to let BOEM andCEC officials present thedetails of the process andtake a few questions fromthe audience. It was, in large part, adescription of a leap into

the unknown. Unlike thecurrent focal point for off-shore wind energy projectsin the U.S., the waters offthe northeast coast, the seaf-loor off California is toodeep for conventional tur-bines, necessitating a new,untested floating turbinetechnology with large seaanchors. Jean Thurston,BOEM’s Renewable EnergyProgram Specialist, said“the most appropriate areaslikely have never been stud-ied before for this use.”Hence, the environmentalchallenges that lie ahead forstate and federal resourceagencies are formidable,and several red flags wereraised at the meeting.

Two years is not enough One of those flags washoisted when BOEM offi-cials said they are leaningheavily on the experience ofEuropean and U.S. EastCoast offshore wind instal-lations. But, per Dr. DavidAinley, Senior Ecologistwith the consulting firmH.T. Harvey & Associates,“Owing to much greaterocean productivity, seabirddensity/abundance in theCalifornia current are or-ders of magnitude greaterthan along U.S. East Coastor coastal Europe, fromwhich most current infor-mation on impacts of off-shore wind generation isderived.” BOEM has not commit-ted to incorporating ad-vances in new technologiesfor ocean data collectionand new methodologiesfrom ocean scientists. Another red flag: BOEMis currently going on theassumption that amassingenough data to construct atwo-year baseline for the

proposed area will suffice.(An environmental baselinerequires an accurate assess-ment of the presence andabundance of key species,the physical characteristicsand community composi-tion of the sea floor, and therisk of habitat displace-ment.) We disagree. It iscritically important to haveat least three years of pre-development baseline dataif any environmental reviewis to have statistical integ-rity. A three-year minimumis necessary to capture sea-sonal or inter-annual vari-ability and rates of commu-nity turnover on the seafloor so that environmentalchanges resulting from theanchoring of mooring linescan be assessed. Ecologically sensitiveareas such as migratorycorridors between NationalMarine Sanctuaries andMarine Protected Areas andother ecologically importanthabitat must be avoided,including ecologically im-portant marine areas thatare not officially protected.Whales and birds areknown to feed at Santa Lu-cia Bank during their annualmigrations. Though the areais not yet protected, it ispart of the nominated Chu-mash Heritage NationalMarine Sanctuary. Also necessary: An in-depth assessment ofthe risk of entanglement oflarge whales and other spe-cies in mooring cables;assessment of impacts frommooring cable anchors andassociated scour (researchshows that mooring cableanchors from other marinerenewable energy technolo-gies may significantly alterthe seabed, particularlywhen wave conditions and

wind speeds cause thecables and anchors to moveand subsequently scour theseabed); development of abetter understanding ofpotential risks to seabirds,the potential for the physi-cal structure to cause habi-tat loss and displacement,and the potential for noiselevels associated with theproject to cause habitat lossand displacement; the riskof ship strike during pre-construction surveys, con-struction, maintenance, anddecommissioning; and anassessment of cumulativeimpacts — e.g. habitatdisplacement of marinemammals may increasetheir risk of entanglementin mooring cables or asso-ciated marine debris andtheir risk of ship strike. These impacts need to bequantitatively assessed forspecies and habitatthroughout the lease areaand over the project’s de-velopment life cycle. (Forexample, what would thepotential scouring impactof mooring anchors on the

seabed be over one, five, tenand twenty years?) Resourceagencies should model thepotential species-level andecosystem-level impacts andcumulative impacts arisingfrom interactions betweenindividual stressors (e.g.wind energy areas and ship-ping lanes).

No more Carrizos The all-time poster childfor how not to do utilityscale renewable energy willlikely always be the Alta-mont Pass wind farm,erected in response to thelate ‘70s energy crisis with-out regard for the largenumber of birds passingthrough the 86-square-milearea. Over the last four de-cades, avian mortalitiescaused by the design andsiting of the turbines haveincluded 1,300 raptors annu-ally, contributing to an 80%decline of golden eagles inthe region. Closer to home, per NeilHavlik’s recap of the post-

WIND continued on page 4

The Santa Lucia Chapter’s irrepressible animal friend,Audrey the Otter will be helping Pacific Wildlife Care cel-ebrate their 30th anniversary in SLO’s Mission Plaza onSaturday, May 13, and challenging kids to a sea urchinhunt. Audrey and friends will be chatting about the kelpforest, her favorite foods, favorite places to hang out off thecoast of SLO county and where to find her and her friends. There will be a parade or two, face painting, street per-forming, Native American wildlife stories, craft activitiesand more. Come by and say hi on May 13 from 12 to 4 p.m.

Will offshore wind work for the CentralCoast? The state and feds have one shotat getting environmental review right

Wind Blows?

Environmental Groups EnvisionNAFTA’s Replacement On April 3, as Donald Trump sent a notification to Sen-ate Republicans of his intent to renegotiate the NorthAmerican Free Trade Agreement (NAFTA) with Mexicoand Canada, leading environmental organizations includingthe Sierra Club and Natural Resources Defense Council putforward an environmental platform for NAFTA renegotia-tion. The platform was sent to Members of Congress andwill be used in future campaigning to transform NAFTA

from a polluter-friendly, labor-hostiledeal into one that supports environmen-tal protection. Open the NAFTA RenegotiationActivist Toolkit at www.sierraclub.org/trade/replace-nafta/.

See You atDancing forDemocracy

Odd Fellows Hall, 520 Dana Street, SLOFor more info or to volunteer (serving, set up,clean up) and receive free admission, contact:[email protected]

$10 via BrownPaperTickets.com$15.00 at the door.Saturday, May 6, 7-11 p.m.

2 Santa Lucian • May 2017

The Executive Committee meetsthe second Monday of every monthat 2:00 p.m. The ConservationCommittee meets the secondFriday at 1p.m. at the chapter office,located at 974 Santa Rosa St., SanLuis Obispo. All members arewelcome to attend.

Denny Mynatt PRINT MEDIA COORDINATOR

CommitteesPolitical David BouquinMembership/Development Marcia Alter Stephanie Gong Nancy J. ColeConservation Sue Harvey

Nuclear Power Task Force Rochelle Becker Linda SeeleyVolunteer Coordinator Karen Merriam [email protected]

Printed by University Graphic Systems CalPoly, San Luis Obispo. Mailing servicescourtesy of the Silver Streaks.

Office hours Monday-Friday,1 p.m. - 7 p.m., 974 Santa RosaStreet, San Luis Obispo

Facebook Admin. Kim Ramos

Santa Lucia ChapterP.O. Box 15755San Luis Obispo, CA 93406805-543-8717

CNRCC Delegates Lindi Doud, Patrick McGibney John BurdettWildlands Stewardship Group OpenCalendar Sales Bonnie Walters 805-543-7051Outings Bill Waycott

Webmaster Monica Tarzier

CHNMS campaign coordinator Nancy J. Cole [email protected]

Trail Guide Gary Felsman

Chapter Director Andrew Christie

Santa Lucian

EDITOR

Lindi DoudSandy SimonEDITORIAL COMMITTEE

The Santa Lucian is published six times ayear. Articles, environmental information andletters to the editor are welcome. Thedeadline for each issue is the 13th of theprior month.

send to:Editor, Santa Lucianc/o Santa Lucia Chapter, Sierra ClubP.O. Box 15755San Luis Obispo, CA [email protected]

Santa Lucia Chapter

2016 Executive CommitteeKaren Merriam (12/18) CHAIRChuck Tribbey (12/19) VICE-CHAIRLindi Doud (12/17) TREASURERStephanie Gong (12/17) SECRETARYChristine Mulholland (12/18) MEMBERSue Harvey (12/17 MEMBERMarcia Alter (12/19) MEMBER

Karen Merriam COUNCIL OF CLUB LEADERS

Andrew Christie

[email protected]

[email protected]

[email protected]

Thank You, Peter

Cambria Desal Project is Taking On Water

SLO’s Steynberg Galleryhas reduced its eveninghours as Peter Steynbergprepares to close up shopand sell the community artgallery/event venue/coffee

shop that he has run since1999, and where the SantaLucia Chapter has held itsbimonthly general meetingsince 2009. Peter has beenmaking the space available

to us free of charge sinceour first program there. What that means for usimmediately is no generalmeeting this month as welook for a new home. What

it means for everyone elseand for the City of SLO isthe loss of a unique venuefor world music, poetryreading, soirees, tea tasting,and community activism.

All those things willhappen in places other thanthe Steynberg Gallery, butthere is no way to replacethis extraordinary venue. Thank you, Peter.

Dear Santa Lucia Chapter member,

In recent months, the number of Chapter members has increased to record levels.We are proud of the 2,666 SLO County residents who have chosen to support thework of the Sierra Club both locally and nationally.

As the largest grassroots environmental organization in the country (and in SanLuis Obispo county), we have the opportunity and the obligation to stand firmagainst all efforts to de-value and degrade the quality of our air, water and openspaces.

On Saturday, June 17, the Executive Committee of the Chapter will meet to discussand draft a strategic plan that will guide the work of the Chapter for the next twoyears. To make this planning successful and relevant, we need your help. That iswhy we are inviting all Chapter members to meet and have a pot-luck picnic lunchwith the ExCom to share your views of what issues should be our greatest priori-ties, and strategies to assure the resources necessary to address those priorities.

All-Members Chapter MeetingSaturday, June 17, 10:00am-1:00pmRSVP required - [email protected]

The meeting will be held at a home in the Edna Valley. Directions provided whenyou RSVP. Lunch will be potluck. Space is limited; early RSVPs are encouraged.

If you cannot attend, please send a brief note to [email protected] statingyour view of which County environmental issues, in order of importance, you feelshould be the Chapter’s priorities over the next two years.

Thank you for your support and involvement in the Santa Lucia Chapter.

Karen Merriam, ChairExecutive Committee

On the bright side, wecan thank the ongoing,ever-expanding failure ofthe Cambria CommunityService District’s attempt-ed end-run around environ-mental review of its “emer-gency” desalination projectfor its one success: Pro-viding an object lesson toany district or municipalitythat might have beentempted to try the sametrick. As the CCSD’s troubledproject just gets moretroubled, the warning toothers is clear, and can bephrased in any number ofways: Crying “wolf” togame the permit processand ram a project throughin environmentally sensi-tive habitat area is a badidea.“Shoot first and askquestions later” is not goodgovernance. Measuretwice, cut once. (See“Cambria Brings Home anF on Its EIR,” Jan.) In the latest step downthe road that it nevershould have taken, onApril 13 the CCSD

was notified by the RegionalWater Quality Control Boardthat the District’s responsesto the Water Board’s Feb-ruary 9 Notice of Violation(see “Chronic Violator,”March) were largely inad-equate, and Water Boardstaff had discovered 162additional violations ofrequirements to monitor,record and report data over atwo-year period, a discoverymade by simply reading theproject logs the District wasforced to hand over. The CCSD is now facing aCease and Desist Order andan assessment of Administra-tive Civil Liabilities. Themonitoring and reportingviolations subject the CCSDto a maximum potentialadministrative civil liabilityof $1,000 per day for eachviolation. Any discharge ofwaste in violation of WasteDischarge Requirements cansubject the CCSD to a maxi-mum administrative civilliability of $5,000 per dayfor each violation. In addition to the 162newly discovered violations,

the WaterBoard deter-mined that theCCSD: - Failed tosubmit a planand schedule toconduct ahydrologicevaluation. - Failed toanticipate therise of ground-water under thebrine pond in a

less than1,000-year,24-hourrain event. - Failed toaddresshow theDistrict willdeterminethe accu-racy ofwater levelmarkings. - Failed torecognizethat itssurfaceimpound-ment logentriescontained evidence of apotential leak in theimpoundment liner.- Failed to design, con-struct, and operate the brinepond so as to ensure aminimum five-foot separa-tion between wastes and thehighest anticipated eleva-tion of groundwater.

The Board informed theCCSD that “Additional in-formation on these enforce-ment decisions is forthcom-ing” and that “Continuedviolations… subject CCSDto further enforcement.Water Board staff preservesits authority to prosecutethis matter to the fullestextent allowed by law.” On April 17, The Cam-brian, longtime cheerleaderfor the CCSD and all itsworks, quoted Greg San-ders, the CCSD’s desalmastermind, defending theDistrict against the Water

Board: “What does notseem to be taken intoaccount is the extraordinaryseries of storms and factorsout of the district’s controlthat resulted in flooding ofthe brine pond.” The Cambrian helpfullyburied the news of the 162newly discovered violationsat the end of its news story,did not mention that theyspan two years, and ap-parently did not ask Mr.Sanders how those extraor-dinary storms and “factorsout of the district’s control”that caused the flooding ofthe brine pond in Januaryalso caused the District toignore the requirements ofits permit for two yearsprior to that event. The cease and desist orderand administrative civilliability complaint aretentatively scheduled to beconsidered at the WaterBoard’s July meeting.

By Woody Hastings, Clean PowerExchange

In an email sent by PG&E to Partiesto the Proceeding on February 27,PG&E announced that it is withdraw-ing its proposal to charge CommunityChoice Energy customers for theenergy efficiency and renewableenergy that would replace Diablo’sNuclear Power Plant generation. This is very good news forCalifornia’s Community Choiceagencies and their customers. In September 2016 the Center forClimate Protection submitted a formalprotest letter that opposed chargingCommunity Choice customers forreplacing Diablo Canyon NuclearPower with an alternative. Commu-nity Choice customers already pay asmall fee for nuclear decommission-ing. On top of the decommissioningfee, they also pay a Power ChargeIndifference Adjustment fee thatcovers costs for already-purchasedelectricity that is no longer neededbecause the customers now receivetheir electricity from their CommunityChoice agency. PG&E’s email states that “aftercareful review of the importantfeedback provided by parties in theirJanuary 27, 2017, opening testi-

PG&E WithdrawsProposal to ChargeCommunity ChoiceAgencies for Diablo’sClosure Costs

DIABLO continued on page 5


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#ExxonKnew

We Will Not Comply with Your Unprecedentedand Unlawful Subpoena

As we reported lastyear, (“Hot Enough forThem?,” March 2016) theroom started getting un-comfortably warm forExxonMobil in 2015when New York AttorneyGeneral Eric Schneider-man opened a year-longprobe of what Exxonexecutives knew andwhen they knew it regard-ing the reality of man-made global warming, areality they had long beenacknowledging withintheir corporate board-rooms while denying toinvestors and consumers. In November of thatyear, Schneiderman is-sued a subpoena to the oilgiant to help determinewhether Exxon had vio-lated State laws against

Resistance in TrumpTime: What happened when a Texas Congressman looking to do a favorfor his fossil fuel friends ran into 17 State Attorneys General

Lead com-pounds aretoxic but tastesweet, makinglead-laden toysand lead-painted surfacesirresistible totoddlers. As wenow know, allkids begin lifewith substan-tially moretastebuds thanadults, and theirtongue-tip re-ceptors aremore sensitiveto sugars aswell. So it’s notsurprising theyoften explore

their new world with hands-to-mouths tastings. Two thousand years ago,Greco-Roman societies—and not just the underagecrowd—found that sweetmetallic flavor equally al-luring. Like us, those con-sumers had a sweet tooth.Honey, their sole sweetener,was scarce and too costly tomeet demand. Then some idiot foundthat acids such as vinegar,when poured into lead potsand pans, magically ren-dered the contents sweeter.The result, called mulsum,seemed just the thing tomake often-sour vinordinaire palatable. (Todaythe result would be called

lead acetate or ‘sugar oflead’ and would be declaredtasty but poisonous.) Winemaking introducedother perils. Inside ferment-ing vats, lead strips wereglued to lids,then sealedfor 40 days. Ifthe stripsshowed nocorrosionafter opening,wine wasdeclared fit todrink. Toquaff theirvintages, up-per class

who could afford it, drankfrom goblets made of leador pewter, a tin-lead alloy. In a parallel develop-ment, cooks began to re-duce unfermented grape

juice to concen-trate its naturalsugars, usingeven more leadcookware.(They also usedcopper andbronzecookpots butcoated themwith lead alloyto keep “theagreeabletaste,” as Pliny

Soon, that high-octane syrup(called defrutumor sapa, dependingon potency) wasadded to every-thing from fruitpreserves to meatand fish entrees—just like high-fructose cornsyrup in countlessprocessed foodstoday. While their tod-dlers sucked onpacifiers and toysmade of lead, theirparents sucked upa wide variety oflead-enrichedwines, syrups, andsauces. This slow-motion toxification

Lead in the Med, Part 1: Satisfying Humanity’s Sweet Tooth

“Those who cannot remember the past are condemned to repeat it.” - George Santayana

The First Polluters

by Vicki Leóntook place throughout theMediterranean basin, af-fecting Roman citizens andnoncitizens alike. It did anespecially nasty number onpregnant women and theirunborn children, as you’llsee. Given this sweetly damn-ing evidence, the averageGaius of the first centuryAD may have gotten a sub-stantial daily dose of leadjust from the food anddrink he consumed. And hisfemale counterpart un-knowingly took evengreater risks. There was slightly betternews regarding the Romansystem of community watersupplies. For centuries,historians have blamed thatsystem as the probablecause of Rome’s decline,citing the lead pipes and

LEAD continued on page 6

securities, business, andconsumer fraud throughpotentially false or mis-leading public statementsand disclosures about theimpact of climate changeon its operations andfinances. In July 2016, Republi-can Texas CongressmanLamar Smith, Chairmanof the House ScienceCommittee, sent the NewYork Attorney General asubpoena seeking mate-rials from the Exxoninvestigation. After get-ting nowhere with that,Rep. Smith issued a newsubpoena in February.Chairman Smith hasoffered various and shift-ing explanations for hisunprecedented subpoe-nas, including claiming

that investigations by theNew York and Massachu-setts Attorneys Generalinto whether Exxon vio-lated their state lawssomehow undermine theFirst Amendment rightsof climate scientists. On April 13, AttorneyGeneral Schneidermansent a letter to Rep. Smithin response to the secondsubpoena. The letterstates, “We had hopedthat with the start of anew Congress, the Com-mittee on Science, Space,and Technology wouldturn its attention exclu-sively to authorized andlegitimate legislativeactivity. Your Subpoenadoes otherwise. I write toinform you that theNYOAG cannot and will

not comply with the Sub-poena as presently com-posed.” The subpoena not onlyseeks material from theAttorney General’s openstate investigation intowhether Exxon violatedNew York securities laws,but reflects an evenbroader scope thanSmith’s prior subpoena— seeking communica-tions not just related tothe Exxon investigationbut “referring or relatingto climate change, envi-ronmental scientific re-search, and/or the CleanPower Plan.” The Attorney Gen-eral’s letter notes, “Aninquiry into the allegedeffects of the NYOAG’sstate law fraud investiga-tion on the research ofclimate scientists doesnot require a trove ofconfidential communica-tions about ongoing lawenforcement matters.” The letter points to thesubpoena’s effort to ob-tain privileged communi-cations among the officesof state attorneys generalregarding the CleanPower Plan litigation, asChairman Smith has fileda brief in the litigationseeking to strike downthe plan. That Smith, “ade facto adversary inhigh-stakes litigation, [is]wielding unilateral sub-poena power to demandall privileged communi-cations between the

NYOAG and other StateAttorneys General aboutthe Clean Power Plan isan unfathomable of-fense.” A New York courtrepeatedly has orderedExxon to produce docu-ments and Exxon hasacknowledged in opencourt that the AttorneyGeneral has “the right toconduct” its fraud inves-tigation under New Yorklaw. No congressional com-mittee has ever subpoe-naed a state attorneygeneral, and there is noprecedent for a congres-sional subpoena seekingmaterial from a confi-dential law enforcementinvestigation. The Attorney Gen-eral’s letter concludes,“There can be no ‘legiti-mate congressional over-sight’ of a state lawfraud investigation. TheCommittee chose topursue (and now to con-tinue) this course, de-spite the lack of anyprecedent for such ac-tion in our Nation’s re-corded history, and de-spite the obvious con-stitutional problems yoursubpoenas have raised,as explained to you bythe NYOAG, the Massa-chusetts Attorney Gen-eral, several members ofyour own Committee,other sitting Senators

EXXON continued on page 6

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DisgraceHistory may record the executiveorder striking down keymeasures to meet the climatecrisis and protect clean air andwater as the biggest scandal inthe scandal-prone Trumpadministration.

On March 28, PresidentTrump signed an executiveorder that constitutes thesingle biggest attack onclimate action in U.S. his-tory. The full scope of the dis-graceful action by a Presi-dent who claims to careabout clean air and waterleaps out of every line ofthe document. Trump’s so-called “Executive Order onPromoting Energy Indepen-dence and EconomicGrowth” includes directivesto review and rescind oramend specific rules, guid-ance documents, and execu-tive orders, as well as arequirement that agenciesreview all of their actionsthat “potentially burden”the development of domes-tic energy resources. In particular, the Ordertargets the EPA’s CleanPower Plan and CarbonPollution Standards for newpower plants; EPA and Inte-rior Department methanerules for oil and gas devel-opment (through the Bureauof Land Management); theBLM rule on fracking onpublic lands; Interior De-partment rules on oil andgas development in nationalparks and certain wildliferefuges; the social cost ofcarbon metric in rule-mak-ings to account for harmsfrom carbon pollution; theCouncil of Environmental

Quality’s guidance on theanalysis of climate changeimpacts under NEPA; theInterior Department’s pauseof federal coal leasing andreview of the federal coalprogram; PresidentObama’s overarching Cli-mate Action Plan and Meth-ane Strategy; and four addi-tional climate-relatedObama executive ordersand directives. (For good measure, theEnergy Department’s inter-national climate office toldstaff to stop using thephrases “climate change,”“emissions reduction,” and“Paris agreement.”) Trump took this actiondespite the fact that EPADirector Scott Pruitt’s ownagency confirmed that theClean Power Plan willlower electricity rates whilesaving billions of dollarsand thousands of lives ev-ery year. This is exactly the kind ofdangerous assault we’vecome to expect from aPresident, an EPA adminis-trator, and a cabinet thatwill do anything to deny theclimate crisis and gut publichealth safeguards to helpfossil fuel tycoons – severalof whom now occupy cabi-net positions in this admin-istration. The safeguardsTrump is trying to throw outprotect all families inAmerica by curbing danger-

ous carbon pollution andreducing other toxic pollut-ants like mercury, smog,and sulfur dioxide — butTrump would rather padpolluter profits. We emphasize: “trying tothrow out.” Contrary to acommon belief that aroseamid the general dismaywhen this story broke,Trump did not, and cannot,dismantle the Clean PowerPlan with the stroke of apen. The Clean Power Planwill undergo a review andrevision process, which willinvolve opportunities fornotice and comment—pre-senting many opportunitiesto organize public supportfor clean air and climateaction, and to raise ourvoices to resist these admin-

istrative and legal attemptsto thwart our progress onclimate. There is a legion ofobstacles Trump must over-come to actually dismantlethe Clean Power Plan. Trump’s attack ignoresnot just the reality of theclimate crisis, but the realitythat the clean energy econ-omy is rapidly growing inboth red and blue states,creating jobs and safeguard-ing our air and water. Thanks to grassroots ac-tivism and market forces inthe US and abroad, coalcontinues to rapidly decline. Clean energy, on the otherhand, is growing at such afast pace that the US is ontrack to meet its CleanPower Plan goals and has apath to meet its goals under

the Paris Climate Agree-ment. A new Sierra Clubanalysis of the Departmentof Energy’s 2017 jobs dataacross the energy sectormakes it clear that the cleanenergy sector Pruitt andTrump are attacking em-ploys far more Americanworkers than the fossil fuelindustry. At a time when wecan declare independencefrom dirty fuels by embrac-ing clean energy, Trump’saction can only deepen ourdependence on fuels thatpollute our air, water andclimate while making ourkids sicker. Because of strong localaction, many states haveplans and are already ontrack to meet, and even

exceed, the Clean PowerPlan’s 2030 emissions tar-gets years ahead of sched-ule. Clean energy growthnationwide will continueunabated. Sadly, Trump’s aggressivepro-polluter action meansresidents of heavily pollutedstates like Texas, Georgiaand Florida will suffer fromdirtier air while missing outon many of the benefits ofthe fair and just clean en-ergy economy the CleanPower Plan would help cre-ate. And kids everywhere facea deeply uncertain future,with more asthma-inducingsmog and a President con-tent to let the climate crisisspiral out of control.

Tell Trump and Pruitt: Don’t destroy climate progress:sc.org/CPP

Join the Sierra Club’s AddUp campaign:https://www.addup.org/resist

Social media mavens: Use these Hashtags: #DefendClimate#ActOnClimate #SaveTheEPA #BetterNotBackward

Call the Congressional switchboard: (202) 816-6137EPA: (202) 564-4700

On April 3, Earthjustice, the Consumer Federation ofAmerica, Natural Resources Defense Council and SierraClub notified the Trump Administration of our intent to suethe Department of Energy for needlessly delaying a raft ofcommon-sense energy efficiency measures. The rules weredeveloped through a robust public process and signed bythe DOE in December 2016. Energy efficiency is the most affordable and effectivesolution to America’s energy problems. Appliance andequipment efficiency standards save energy, increase thereliability of the electricity grid, reduce consumer energybills, and decrease pollution. According to DOE projec-tions, the standards prescribed by the rules will save about3 percent of all the energy used annually in the UnitedStates for all purposes over a 30-year period and yield anet savings for consumers of more than $11 billion. The standards will also enhance public health by reduc-ing emissions of carbon dioxide by more than 25 millionmetric tons by 2030—equivalent to the emissions gener-ated by the annual electricity use of more than 3 millionU.S homes. They will also reduce emissions of sulfur diox-ide and nitrogen oxides by hundreds of thousands of tons. “If the Trump Administration continues blocking thesecommon sense measures that will help people across thecountry, we’ll take them to court,” said Earthjustice attor-ney Timothy Ballo. “It is past time for the DOE to take thesimple action of publishing these completed rules so wecan all start to reap the benefits.”

Windcontinued from page 1

construction history of theFirst Solar and SunpowerCarrizo Plain solar projectson the facing page, it shouldbe noted that, pre-construc-tion, Sunpower executivesadmitted that they had de-signed their project andwere more than six monthsinto the planning processbefore they realized theproject site was in the cen-ter of some of the last re-maining habitat for the fed-erally endangered giantkangaroo rat, primary foodsource for the likewise en-dangered San Joaquin kitfox. Per the accompanying“How It Happened”sidebar, litigation andthreatened litigation fol-lowed, with months of bru-tal negotiations accompa-nied by reams of draftmemoranda and settlementterms, which ultimatelycompelled the companies to

allocate millions of dollarsfor conservation lands ac-quisition and half a millionmore for monitoring, re-search and protective mea-sures -- the result of a pro-tracted effort by SierraClub, Center for BiologicalDiversity, Defenders ofWildlife, North CountyWatch et al to extract fromthe two companies the envi-ronmental funding that wasnecessary to at least beginto compensate for the im-pacts stemming from thewoefully ill-chosen site oftheir projects. As Mr. Havlik notes, luckappears to have been withus, so far, in terms of miti-gation of the impacts of theCarrizo solar projects onthreatened species. Thatdoesn’t change the fact thatthe Sunpower and FirstSolar projects were a roll ofthe dice – no such projectsof their combined scale andscope had ever been at-tempted, let alone in an areaknown to be habitat for one

of the highest concentra-tions of threatened plantand animal species in theU.S.: hence no potentialmitigations for such impactshad ever been tried. The BOEM and CEC areto be commended for theirefforts to establish a col-laborative, stakeholder-driven process as they con-sider whether offshore wind

Stay abreast of the plans forwind energy off the CentralCoast. The Intergovernmen-tal Task Force will meet atthe SLO Marriott on July13. Get on the informationlist at www.boem.gov/Cali-fornia/.

Sierra Clubbers of a certain age may remember malapropcomics. Their shtick was a rapid-fire, confident monologue thatwas hyper-articulate, with the exception of one or twoslightly garbled or displaced words, which happened to bethe one or two words vital to understanding the ostensiblesubject of whatever they were saying. The joke was that theconfident delivery made you think it must be your fault fornot paying close enough attention. For a split-second, youthought you must have mis-heard as the guy on stage wasspouting plausible-sounding nonsense. The spirit of that Vegas lounge act lives on in theenvironmental document prepared by the California Off-Highway Motor Vehicles Recreation Division to gain apermit for dust control measures at the Oceano Dunes StateVehicular Recreation Area. State Parks’ OHMVR Division has been called out bymultiple resource agencies and the Sierra Club for citing“recreational impacts” in its Environmental Impact Reportin order to concoct an EIR that avoids or dismisses themost potentially effective dust control measures on theOceano Dunes and focuses instead on preserving maximumoff-road riding area, as though that were the goal of thedust control project. (See “ODSVRA, Are You Kidding?,”Nov. 2016.) As background: EIRs are required by the CaliforniaEnvironmental Quality Act. They must identify and assess

On the Threshold ofInsignificanceState Parks’ Off-Highway VehiclesDivision is breaking new ground in theavoidance of environmental review

should be a part of Cali-fornia’s renewable energyportfolio. We must be clearthat “Cross your fingers”won’t cut it for the firstfloating offshore wind pro-ject in the coastal waters ofthe United States, plannedfor the nonpareil wildlifehabitat off California’s Cen-tral Coast. The Sierra Cluband other major environ-mental groups are speakingwith one voice on this:There can be no cornercutting or question markswhen setting the bar for theenvironmental protection ofone of the richest marineecosystems in the world.

P.S. We’re not gonna take it

ODSVRA continued on page 6

TAKE ACTION

TAKE ACTION


BOOKAD 2/3

When several proposalsfor solar power facilities inthe Carrizo Plain area ofeastern San Luis ObispoCounty, California, becamepublicly known in 2009,those proposals raised manyquestions. How big wouldthey be? How would theybe managed? What wouldbe the environmental andsocial impacts of their cre-ation? Would they be abenefit to the community ora detriment? It took several years ofinvestigation, research, andpublic debate to begin toanswer these questions. Atthat time the author servedas a member of a citizen’sadvisory group for CarrizoPlain National Monument.The Carrizo Plain had overthe years attracted a dedi-cated group of volunteersand activists who werefiercely protective of theMonument and its naturaland cultural resources. Thesolar proposals (known asTopaz Solar Farm and Cali-fornia Valley Solar Ranch)were the subject of consid-erable debate and discus-sion within the advisorygroup, but in the end thegroup determined that itwould not enter into thepublic discussion of theproject. The author alsomade the personal decisionto stay out of the approvalprocess, knowing that manyothers, including severalinfluential environmentalgroups, were ready to takeon that effort. Thus when I had the op-portunity in 2013 to getinvolved in the CarrizoPlain area outside of theMonument, (1) I had only ageneral idea of the outcomeof the public approval pro-cess, and (2) I was pleas-antly surprised to see thatwhat I had imagined as theoutcome was quite mis-taken. Overall, in the view ofthis one observer, the solarfacilities have been a sig-nificant benefit to the Car-rizo Plain. There are severalreasons for this. The public debate overthe solar facilities waslively and lengthy. It in-cluded the imposition ofmore than 125 conditions ofapproval, ranging fromenvironmental mitigationsto bus-pooling for workers(more than 1,000 at thepeak of construction) toreduce impacts on traffic.Many of the environmentalconditions were enhancedby the settlement of litiga-tion that followed theCounty’s approval of theprojects. The result hasbeen the creation of a sec-ond cohort of conservedlands second only in size toCarrizo Plain NationalMonument itself, togetherwith renewed interest incontinued expansion ofthose lands. This is ex-plained more fully below. The visual impacts wereconsiderably less thanfeared. I had imagined fif-teen square miles of solarpanels lined up side by side,

with heavy use of soil ster-ilants and herbicides to con-trol weeds. In short, it couldhave been a biologicalwasteland. But that was notthe reality. The solar facili-ties were arranged in arraysof irregular shape, and sepa-rated by wildlife movementcorridors of varying sizes,all of which served to re-duce their visual impact. Byagreement with the environ-mental organizations, thesolar facilities do not usepesticides within the arraysor wildlife corridors. Biological impacts to thelocal environment were oneof the most significant issuesin the approval process.There are several federallylisted endangered species inthe project area, as well asseveral other important spe-cies of concern, includingpronghorn and tule elk. Ex-tensive research into theneeds of these species wasconducted and modifica-tions to the project’s layoutoccurred as a result of thefindings of that research. And this was just withinthe actual project area. Thesolar companies agreed topurchase a large acreage ofland for habitat mitigationpurposes and commit thoselands to permanent conser-vation, including sizableendowments to support theirlong-term management. In

Solar Facilities On The Carrizo Plain:A Win-Win Situation?by Neil Havlik

from the March 2017 Desert Report, News of the desert from Sierra ClubCalifornia/Nevada Desert Committee

mony… PG&E is with-drawing… the proposal toimplement the CleanEnergy Charge….” TheClean Energy Charge wasthe proposed fee that wouldhave been charged to allcustomers, includingCommunity Choicecustomers, for futurePG&E procurement costs. The original proposalwas initiated in the summerof 2016 by PG&E, theNatural Resources DefenseCouncil, Friends of the

Earth, EnvironmentCalifornia, the InternationalBrotherhood of ElectricalWorkers Local 1245,Coalition of CaliforniaUtility Employees, and theAlliance for NuclearResponsibility. PG&E’s withdrawal willchange only a part of theJoint Parties’ originalproposal. The overallapplication for closure isstill in place, including theplan to procure 2,000gigawatt-hours of energyefficiency to replaceDiablo’s power.

When a communityforms a CommunityChoice agency, one of itsmain purposes is to takelocal control of decision-making about energysources for electricity. Thisproposal for DiabloCanyon would haveundermined that purposeby re-introducing PG&Eas a procurer of energy forthe community. For information aboutCommunity Choice Energyaround the state, visit www.cleanpowerexchange.org/.

Diablocontinued from page 2

At home with the family San Joaquin kit foxes.

Jose

ph T

erry

, USF

WS

A good day Santa Lucia Chapter Chair Karen Merriam and friendsenjoying the Carrizo’s spring 2017 bumper crop of wildflowers.

As Mr. Havlik writes, the debate over the Carrizosolar projects “was lively and lengthy.” It was the endpoint of that debate, involving litigation and potentiallitigation, that played the crucial role in securing thebenefits for the Carrizo which he describes. In August 2011, Sierra Club, Defenders of Wildlifeand Center for Biological Diversity entered into asettlement agreement with First Solar and Sunpower,developers of the Topaz Solar Farm and CaliforniaValley Solar Ranch. It required more than 9,000 acresof the Carrizo Plain to be added to the lands designatedfor permanent protection and preservation under theirpermits, resulting in a total of approximately 26,000acres, about 40 square miles, of the Carrizo receivingprotection. Thirty miles of livestock fencing were required to beremoved from the area, allowing for greater wildlifemovement around the projects. First Solar andSunPower agreed to make beneficial enhancements tothe wildlife-friendly fencing around the solar systemarrays, require prescriptive grazing, use no rodenti-cides in the construction or operation of the projectsand fund efforts to eliminate rodenticides on the Car-rizo Plain and in other San Joaquin kit fox conserva-tion areas. The companies agreed to make significantfinancial contributions to help San Luis Obispo Countyacquire a largely undeveloped subdivision in the Car-rizo Plain to restore for wildlife conservation. In a joint statement, the parties noted that “manychallenges may be minimized or avoided in the futurethrough earlier, more comprehensive communicationbetween conservation groups and the solar companieswith the goal to locate projects outside of importantwildlife areas and sensitive natural resources.” Three months later, North County Watch and CarrizoCommons settled a lawsuit against the Topaz projectrequiring a date certain 35 years hence for implementa-tion of a Final Closure plan mandating rehabilitation ofproject lands, and additional funding for kit fox, giantkangaroo rat and pronghorn research and a biologicalworking group. California Valley Solar Ranch entered into a settle-ment with North County Watch requiring implementa-tion of a Final Closure plan no later than 2061 or ear-lier if the facility stops generation for two years, andthe provision of funding for additional kit fox, giantkangaroo rat and pronghorn research. All told, thecompanies spent about $500,000 to support additionalwildlife monitoring and monthly biological workinggroup meetings.

How It Happened

the end, over 30,000acres of ranch and dry-farmed lands were pur-chased by the solar com-panies and transferredeither to the CaliforniaDepartment of Fish andWildlife or to local landtrusts. The result has beenthe establishment of anentirely new conservationcomplex in the northernCarrizo Plain area. Thereis considerable interest inthe expansion and con-solidation of these landsand in their ultimate con-nection to Carrizo PlainNational Monument severalmiles to the south. Other significant effortshave included research intothe historical vegetation ofthe area, which had beengreatly altered by years ofdry farming. The findingsof this research suggest thatthe Carrizo Plain was anopen scrubland with nativegrasses, both annual andperennial, among the scat-tered shrubs. Because ofdisking and other farmingoperations, the shrubs havemostly disappeared fromthe valley floor. Efforts torestore a semblance of thisoriginal vegetation aregetting underway. The re-cent years of drought havenot helped this effort, butthese efforts will continue,using a mix of as many as a

dozen native shrub species,and several native grassesand wildflowers. Livestockgrazing will continue on theconservation lands as avegetation management toolonly, not as ordinary com-mercial leasing of grazingprivileges. Timing, numberof animals, and distributionwill play important roles inusing livestock (both cattleand sheep) as an effectivemanagement tool. Agriculture will evencontinue within the arrayareas. The panels provideshade, and grass and wild-flowers are doing well un-derneath them. So to man-age the amount of growthfor fire safety purposes,sheep are brought in tograze off the plants in themid- to late spring. Electri-cal conduits are rodent-proof and thus rodents suchas gophers, ground squir-rels, and even the endan-gered giant kangaroo ratcan be allowed to re-colo-nize the array areas. Thisshows the wisdom of the nopesticide agreement; raptorssuch as hawks and owls,and predators such as coy-ote, bobcats, and the endan-gered San Joaquin kit foxhave continued to thrive inand around the arrays. As aprotection for the kit foxes,the fencing around the ar-rays is designed so that thekit foxes can get throughthem but the larger coyotesand bobcats cannot. Thishas worked well, and sev-eral kit foxes are known tohave taken up residencewithin the array areas. Miles of pronghorn-friendly fencing has re-placed standard barbed wirealong Highway 58 andmany property and pastureboundaries. Pronghorn andother wildlife have alsobenefitted from the installa-tion of numerous wildlifewater troughs, providinggood sources of waterthroughout much of thearea. The eventual estab-lishment of a shrub compo-nent to vegetation in themitigation areas will aid inpronghorn calf survival bymaking the calves harder tobe seen by possible preda-tors; the openness of theground has been a majorproblem affecting reproduc-tive success of pronghorn inthe area. I believe that the adventof the solar facilities on theCarrizo Plain has been ben-eficial on the whole. Do Iwish they could have been

located somewhere else? Asone who loves the wildnessof the Carrizo, of course Ido. But as the world movesforward toward more re-newable energy, the Carrizosolar plants are making animportant contribution.They are here to stay for atleast the next thirty-five toforty years. I attribute most of thesuccess of the Carrizo Plainefforts to the vegetation ofrecent years, which is grass-land. This area is on thelower edge of the rainfallspectrum suitable for grass-land; four to six inches peryear is normal, and thegrasses are short, as is theactual growing season. Oc-casionally there is a wetyear (like the current one)and the grasses may be sev-eral feet tall, but that is onlyoccasional. The grassland isalso largely annual, the na-tive perennials having beendiminished by the regularplowing, disking, and har-vesting that went on formany years. The decision toavoid pesticide use and totolerate a grass cover be-neath the solar panels hasresulted in the establishmentof a new grassland, withmore native species andwithout the heavy distur-bance of the past. It has alsoallowed for reestablishmentof a native fauna, primarilyof rodents, which are thebase of the food chain forlarger mammals and birds.In the desert, the primaryvegetation is shrubs, whichare large and usually cannotbe tolerated in array areas.

Thus, large areas ofshrublands are often clearedand destroyed to make wayfor solar facilities. In theCarrizo Plain, which hadalready been converted tograsslands or farming lands,the solar arrays are leadinga return to more naturalgrowing conditions, evenincluding the restoration ofa shrub component to thevegetation. While the initial indica-tions are very positive, itremains to be seen howthese efforts will ultimatelyturn out. The solar compa-nies are required to fundcontinued research on theendangered species forseveral more years, and it ishoped that that informationwill be able to guide furtherefforts once the initialmonitoring and reportingobligations are completed. The north Carrizo Plain isnow a giant experiment inrestoration, and one whicheveryone hopes will besuccessful.

Neil Havlik, PhD., is theformer Natural ResourcesManager for the City of SanLuis Obispo (retired), whichposition he held for seven-teen years. A graduate ofCal Poly, Neil earned hisdoctorate at UC Berkeley in1984. He served on theMonument Advisory Com-mittee for Carrizo PlainNational Monument for tenyears and is currently presi-dent of the land trust knownas the Carrizo Plain Con-servancy.


the magnitude of a project’spotential impacts on theenvironment. The job ofthis particular EIR was toassess which of severalpotential dust controlmethods would best complywith the Air PollutionControl District’s Rule1001, requiring the OHVDivision to reduce dustemissions from the OceanoDunes to non-hazardouslevels and finally bringrelief to the long-suffering

recreational impacts to thelevel of ‘significant andunavoidable’ environmentalimpacts. “The DEIR…attempts tocreate a new CEQAcategory of ‘significantconflict’ out of the fact thatthe project does not ‘per-petuate and enhance rec-reational use of OHVs inthe SVRA’ [and pretendsthat] this is a violation ofCEQA.” Here’s how the APCDweighed in: “OHMVR has modified[the Coastal Act’s definitionof coastal dependent use] in

project area if it would:Substantially limit, reduce,or interfere with establishedcoastal recreational op-portunities at OceanoDunes SVRA.’ “This self-defined‘qualitative threshold’ isthen used as the basis fordetermining the proposedproject would create a sig-nificant impact to Recre-ation that must be mitigatedbecause it would tempo-rarily or permanentlyreduce the size of the ridingarea by 78 to 113 acres (a5.3 to 7.7% loss of ridingacreage). The proposedmitigation is to move themost effective dust controlmeasure available, theplanting of vegetation,to outside the open ridingand camping areas in theleast emissive areas of thepark. “This mitigation isinconsistent with the goalsof the project and therequirements of Rule 1001and should be eliminatedfrom consideration. No areashould be excluded fromconsideration of dustcontrols without clearscientific justification thatconclusively demonstratescontrols in that area are notnecessary to achieve theperformance standard inRule 1001.” When it came to the EIRfretting that dust controlmeasures could “conflictwith the California CoastalAct,” it turned out that theCoastal Commission didn’tneed to be “asked to make adetermination as to theappropriateness andapplicability of OHMVR’snew interpretation andexpansion of the CoastalAct definition of a coastal-dependent use.” TheCommission was happy tosend OHMVR a lengthyresponse on this point,which basically boileddown to three words: Notyour job. The Commission in-formed OHMVR that “Theevaluation of the appropri-ate balance between some-time competing coastalresource values associatedwith a CDP applicationunder the Coastal Act is theCommission’s role.” Nor isOHV riding “a coastal-

dependent activity… asthat term is defined andunderstood per the CoastalAct. It would be inaccuratefor the DEIR to representas much, and all referencesand analysis in the DEIRneed to be corrected in thatrespect.”

assertion...no response iswarranted.” And: the CEQAGuidelines apply to “‘aproject which requires theexercise of judgement ordeliberation when the publicagency or body decides toapprove or disapprove aparticular activity.’ Thus,

15064 states, in part(emphasis added), “Thedetermination of whether aproject may have a signifi-cant effect on the environ-ment calls for carefuljudgement on the part of thepublic agency involved,based to the extent possibleon scientific and factualdata. An ironclad definitionof significant effect is notalways possible because thesignificance of an activitymay vary with the setting.”

Did you catch all theswitcheroos? Permission for agenciesto use any preferred formatin devising their impactchecklist forms got turnedinto permission to invent“resources, impacts, orthresholds of significance.” Subjective judgmentbecame objective judgment,based on “scientificand factual data.” In CEQA, “Thesignificance of an activity”refers to, in this case, thepotential impact of dustcontrol measures on theenvironment of the OceanoDunes. The OHMVRDivision is pretending itrefers to the impact of dustcontrol measures on off-highway vehicle recreation.

Up next: The Off-Highway Motor VehiclesRecreation Division will goto the Coastal Commission,possibly before the end ofthe year, to seek to persuadethe Commission to grant aCoastal Development Per-mit for OHMVR’s pre-ferred dust control projectbased on that Environmen-tal Impact Report. We wish them luck...bywhich, of course, we meanwe don’t.

ODSVRAcontinued from page 4

The proposed mitiga-tion is to move themost effective dustcontrol measure to theleast emissive areas ofthe park.

holding tanks that supplieddrinking water to house-holds. They point to archi-tect Vitruvius’ evidence,whose first century BC’sobservations showed howacute lead poisoning af-fected plumbers: “The natu-ral color of [their] bodies isreplaced by a deep pallor.When lead is smelted incasting, the fumes from itsettle upon the plumbers,and day after day burn outand take away all the vir-tues of the blood from theirlimbs. Hence, water oughtby no means to be con-ducted in lead pipes, if wewant to have it wholesome.”

True enough; leadplumbing certainly wasn’thealthy. But compared tothe larger dangers presentedby the consumption of con-taminated food and wine,drinking water via leadplumbing was a lesserworry. As archaeologistsand other experts have dis-covered, water deliverychannels became coatedwith calcium carbonatedeposits that actually pro-

tected users from the lead inthe pipes. Sip by sip, nibble bynibble, unsuspecting con-sumers throughout the Ro-man Empire accumulatedenough of a lead burden toexperience early symptomsof saturnism, or lead poi-soning. One of the clues? Apersistent metallic taste andloss of appetite. It was gen-erally known that workingwith lead, extracting it,sickened workers. Theworkforce, however, used

slaves or criminals sen-tenced to die. Thus mostend users did not thinkabout these harsh realitiestoo deeply. Lead fumes and lead dustcould make people ill, butimbibing it in other wayscaused no immediate alarm.Lead isn’t excreted from thebody but accumulates inbones, like plutonium does.It stealthily, slowly attacksthe kidneys, the brain, thenervous system. As it happened, womenendured the worst toxicity,for several reasons. Femalesof that era admired smoothpale skin and ruby lips,using a near-lethal array ofcosmetics to achieve them.Back then, cold cream wasabout the only beauty aidthat did not actively poisonits users. The cold-creamqueen was the notorioussecond wife of EmperorNero. She invented a sleekbody butter she namedPoppaea Sabina, after her-self. Poppy also brandedfacemasks made of honey,rare oils, and grated bread,

which she washed off eachmorning with the milk ofan ass. Not just any oldass, either. Thanks to theobscene wealth of herPompeiian family, a stableof 500 female asses let herloll in milky luxury. Gals of more modestmeans and status alsomaintained nightly beautyregimens to remove blem-ishes and wrinkles, cleans-ing with lead soap. Skinpeels were popular, too:just apply white lead andsublimate of mercury andwatch two ugly layers ofepidermis slough off! Nocturnal treatmentswere just the noxious be-ginning. Onto clean faces,women buffed quantities offace powder. The most

vibrantly desirable scarletcolor, nothing could com-pare with minium, raw cin-nabar, and vermillion. A typeof red lead, minium thesedays is found only in batter-ies and rustproof paint. Cin-nabar had ultra-toxic mer-cury content: 86 percent.Vermillion was refined fromraw cinnabar. Long-ago eye makeuppresented similar issues,simply different toxins. Ga-lena, the natural ore of lead,was the standard eyeliner.Romans also picked up theEgyptian fondness for greenmalachite, made from copperore. Kohl was popular withboth men and women—which until very recently wasthought to be protective—orat least benign. Personal slaves andwomen of humbler statuswould seem to have dodgedthe bullet when it came totoxic cosmetics. Not entirely,however. There was a cher-ished belief among Romansthat human saliva made anadmirable ingredient in cos-metics of all sorts. As a re-sult, female slaves wereobliged to chew certain cos-metics before applying themto their mistresses. Beauty regimens havealways been hell—and hellon the health as well. Butlead’s malignant hold onmillions of unsuspectingwomen and men around theRoman Empire hid evenmore appalling surprises thatwe continue to discover to-day—including one that willrock fellow members of theSierra Club and CitizensClimate Lobby. That’s coming next monthin Part 2: “Lead in the Med:Sex, Silphium, and SpeciesExtinction.”

Leadcontinued from page 3

residents of the NipomoMesa. Got it? Good. Strap in. Instead of following thatdefinition of environmentalreview, the EIR strained toavoid by any meansnecessary the obviousconclusion that plantingnative vegetation in theOHV-denuded foredunes --thus removing them fromthe off-road playground --would be the most effectivemeans of dust control thatState Parks could imple-ment, asserting at one pointthat this would interferewith snowy plover nesting(it wouldn’t) and wouldconstitute an adverse visualimpact. After reading theOHMVR’s attempt at anEIR, the Sierra Club re-sponded thusly: “We restrict our com-ments on the Draft EIR toits fatal flaw: a misreadingof a single clause in theCEQA Guidelines whichresulted in an attempt tostand CEQA on its head andproduced a Draft EIR thatimpermissibly shifts andnarrows its focus, primarilyidentifying the project’simpacts on OHV recre-ational opportunities insteadof potential impacts on theenvironment, then attempt-ing to elevate alleged

terminations… identifyingthe dust control project asinconsistent with CoastalAct Planning and Manage-ment Policies because itwould interfere with OHVactivity on the dunes. TheCalifornia Coastal Commis-sion should be asked tomake a determination as tothe appropriateness andapplicability of OHMVR’snew interpretation andexpansion of the CoastalAct definition of a coastal-dependent use.” Regarding the Draft EIR’s“Impact REC 1: The DustControl Program wouldlimit and interfere withcoastal vehicular recreationopportunities at OceanoDunes SVRA,” the APCDnoted that “This identifiedimpact is based onOHMVR’s creation of theirown significance thresholdfor impacts to Recreationthat is found only in thisdocument and goesbeyond what is defined inthe CEQA guidelines…. “OHMVR has created thefollowing criterion for de-fining a significant impact:‘In addition, the OHMVRDivision has determined theproject would have asignificant environmentalimpact related to recreationand public access in the

this EIR toinclude off-highway vehiclerecreation at theODSVRA as acoastal depen-dent use. Thisexpansion of theCoastal Actdefinition is thenused as the basisfor several de-

The Commission alsofound it necessary toremind OHMVR what itsjob was supposed to be inthe preparation of thisparticular EnvironmentalImpact Report: “Whilethere may be secondaryobjectives, it has alwaysbeen our understandingthat the primary objectiveof the project is intendedto be Rule 1001 compli-ance. The DEIR shouldthus revise its projectdescription and objectivesto state that Rule 1001compliance is the primaryobjective, and explain howthe proposed measures door do not meet thoserequirements.” In March, the OHMVRDivision issued a FinalEIR, with replies to thosecomments. Watch closelyas the walnut shells swisharound on the card table:The OHMVR Division istrying to change themeanings of multiplewords while avoiding thefundamental point that therecreational impact it isclaiming is not an environ-mental impact under theCalifornia EnvironmentalQuality Act. OHMVR took umbragewith the APCD for point-ing out their “significance”conclusions were based ona “subjective interpreta-tion” of CEQA, andretorted that since thiscomment “fails to definethis phrase or provide anyspecific evidence orremarks to support this

OHMVR Division is beingobjective. OHMVR admits theproject has nothing to dowith the only “threshold ofsignificance” listed forrecreational impact inCEQA: “The threshold is related tothe increase in use ofexisting recreational facil-ities such that deteriorationof the facilities wouldoccur…. The Dust ControlProgram does not have thepotential to accelerate thedeterioration of existingrecreational facilitiesbecause the OHMVRDivision is not proposingchanges to camping orvisitor limits and wouldnot induce or generatepopulation growth.” But, according toOHMVR, that’s okaybecause: “First, CEQA GuidelinesAppendix G does notestablish a definitive orexhaustive list of resources,impacts, or thresholds ofsignificance that requireevaluation and/or consider-ation under CEQA. Forexample, CEQA GuidelinesSection 15063(f) states(emphasis added), “Sampleforms for an applicant’sproject description and areview form for use bythe lead agency are con-tained in Appendix G and H. . . . These forms are onlysuggested, and publicagencies are free to devisetheir own format for aninitial study. In addition,CEQA Guidelines Section

The OHMVR Division istrying to change themeaning of words whileavoiding the fundamen-tal point that the rec-reational impact it isclaiming is not anenvironmental impact.

CEQA antici-pates a leadagency willexercise itsobjective,independentjudgementduring theCEQA reviewprocess.” There you go:CEQA antici-pates objectiv-ity, so the

and Representatives, theformer Acting GeneralCounsel of the House ofRepresentatives, and a bevyof federalism and FirstAmendment scholars.” The day before A.G.Schneiderman fired back atRep. Smith, fifteen otherattorneys general includingCalifornia A.G. XavierBecerra weighed in on be-half of Schneiderman andMassachusetts A.G. MauraHealey, another target ofRep. Smith’s Exxon-protec-tive attentions. They pointed out toChairman Smith that bothof his subpoenas exceededhis Committee’s constitu-tional authority and de-parted from the “properrespect for state functions”which the Supreme Courthas laid down as a markerto clarify the authority offederal and state govern-ments and the dividing linebetween them. They also noted the inter-esting, nay exact, similarityin wording between por-tions of Rep. Smiths’ sub-poena and several discoveryrequests filed by Exxonagainst A.G.s Schneidermanand Healey in a suit filed bythe oil company in Texasdistrict court -- further un-derscoring “the concern thatExxon may be trying toobtain, via the Committee’ssubpoena, discovery that itis seeking in the court pro-ceedings and is unable toobtain due to...pendingmotions to dismiss.” The Attorneys Generaldid not congratulate Rep.Smith for his outstandingconstituent service.

Exxoncontinued from page 3

The water’s fine Roman lead pipes.

A leaden repast Pewter plates with bread and a pewter dishwith oysters, a glass of red wine, a rummer of white wine, a giltsilver cup and a pewter jug.

Still Life with Gilt Goblet, Willem Claesz Heda

Fatal beauty Thy lips are likerust-proof paint....

popular—and deadly—wasmade of pure lead carbon-ate. (Its toxic residues havebeen found at several ar-chaeological digs.) Trend-setters naturally demandedpricier powder, such asthat made from the whiteexcrement of crocodiles. Ifcroc supplies ran low, adusting of arsenic wouldsuffice. Feminine lips andcheeks got generous appli-cations of rouge, whichhad harmless ingredients,such as mulberry and li-chens. But to achieve that

Lucia Casalinuovo


ClassifiedsNext issue deadline is May 19. To get a rate sheet or submit your ad and payment, contact:Sierra Club, P.O. Box 15755, San Luis Obispo, CA 93406 or [email protected]

Tell NOAA:Designate the Chumash HeritageNational Marine Sanctuary! Go to:

tinyurl.com/CHNMSpetition

CYNTHIA HAWLEYATTORNEY

ENVIRONMENTAL PROTECTIONLAND USE

CIVIL LITIGATION

P.O. Box 29 Cambria California 93428Phone 805-927-5102 Fax 805-927-5220

Cambria author PamelaChristie’s Arabella Beaumonthistorical mystery series is aromp through Regency Londonin the company of the city’smost esteemed and scandalouscourtesan, adventuress andamateur sleuth! Available onAmazon.

8 Santa Lucian • May 2017Outings and Activities CalendarSeller of travel registration information: CST 2087766-40. Registration as a seller of travel does not constitute approval by the State of California.

All our hikes and activities are open to all Club members and the general public. Please bring drinking water to all outings andoptionally a lunch. Sturdy footwear is recommended. All phone numbers listed are within area code 805 unless otherwise noted.Pets are generally not allowed. A parent or responsible adult must accompany children under the age of 18. If you have anysuggestions for hikes or outdoor activities, questions about the Chapter’s outing policies, or would like to be an outings leader,call Outings Chair Bill Waycott, (806) 459-2103. For information on a specific outing, please call the listed outing leader.

This is a partial listing of Outingsoffered by our chapter.

Please check the web pagewww.santalucia.sierraclub.org for

the most up-to-date listing ofactivities.

May 7-9, June 11-13, July16-18, August 20-22,September 24-26,October 22-24

Join us for a 3-day, 3-island,live-aboard cruise toCalifornia’s Channel Is-lands! Hike wild, wind-swept trails bordered withblazing wildflowers. Kayakrugged coastlines. Snorkelin pristine waters teemingwith colorful fish. Swimwith frolicking seals and sealions. Look for unusual seaand land birds. Watch forthe highly endangered is-land fox. Or.....just relax atsea! All cruises depart fromSanta Barbara. The cost,$650, includes an assignedbunk, all meals, snacks andbeverages plus the services

Island Hopping in Channel Islands National Park 2017

of a naturalist-docent as-signed by the nationalpark to help lead hikes,point out items of interestand give evening program.For more informationcontact leader: Joan Jones

Holtz; 626-443-0706;[email protected]. Tomake a reservation send a$100 check, written to Si-erra Club, to leader, 11826The Wye St., El Monte, CA91732.

Activities sponsored by other organizations

Fri.-Mon, May 5th-7th,Bright Star WildernessRestoration Project.Bright Star Wilderness liesin the high desert and for-ests of Kern County. Helpus in repairing a corridorfence there burned in the2016 Erskine Fire to re-build blocked access to acabin site that has beenremoved but still facesvehicle trespass problems.This is part of a largerproject to protect the vul-nerable burned area. Con-tact Leader: Kate Allen,kj.allen96@ gmail.com or661-944-4056. CNRCCDesert Committee.

Sun. May 7, 1 p.m. Hike+ Yoga on High SchoolHill. A hike up HighSchool Hill (a.k.a. Out-look Hill, a.k.a. MurrayHill) will conclude with45-minute vinyasa yogapractice at the top. Thehike is short (approx. 2miles up), but has a steepincline that will give you agood cardio exercise.When reaching the top,you will see some of thebest views of the San LuisObispo area. Total hikingdistance is 4 miles roundtrip with a 1492 feet eleva-tion gain. Trailhead islocated at the top of LizzySt. and parking is veryeasy. Bring water and goodwalking shoes. No yogamat required. For moreinformation, contact NanCole at [email protected].

Sat., May 13th, 8:30 a.m.Rinconada, Little Falls,and Big Falls Hike. Verystrenuous, 14-mile, 2200ft. gain hike in scenicLopez Canyon, withmiddle of the loop onLopez Canyon Rd. Therewill be several streamcrossings during the twomiles of hiking on dirtroad, so bring sandals orother footwear to use forwading. Poison oak prob-ably abundant trailside,and the hike will last mostof the day. A shorter in-and-out hike is possible ifdesired. Bring lunch andlots of water, hat, andsturdy shoes. Meet in frontof Pacific Beverage Co. inSanta Margarita for car-pooling. Rain or extremeheat will postpone toMay 20th. For more infor-mation, contact Leader:Carlos Diaz-Saavedra,546-0317.

Sun., May 14th, 9 a.m.Arroyo de la Cruz Native-Plant Field Trip, N. SLOCounty. Join us on thisMother’s Day visit to amajor botanical hotspot inthe county, co-led by D.R.“Doc” Miler, to see theunique species on thesecoastal bluffs. The Arroyode la Cruz area features avariety of plant communi-ties plus endemic and rarespecies found only in thisrelatively small region.Duration of field trip about3 hrs. Bring water, snacks,sturdy shoes, sunscreen, hat,and layered clothing asneeded. Meet at ElephantSeal Overlook on Hwy 1,first entrance on left goingnorth, at 9 a.m. To carpool,meet in parking lot ofSpencer’s Market in northMorro Bay, 2650 Main St.at 8:30 a.m. For more infor-mation, contact Leader: BillWaycott, 459-2103 [email protected].

Sat., May 20th, 8 a.m.Alejandro Camp TrailHike. Moderate eight-mile,in-and-out hike to exploreColson Canyon. We willwalk a mile up a forest roadand then down a ruggedstream canyon trail to beau-

nic walk on meanderingcoastal trail through grassyexpanses with ocean viewsand unique coastal rockformations. A great placefor binoculars and birding.Photo opportunities and reststops available withbenches. We will maintain aleisurely pace to take innatural beauty of wildlifeand flowers. Sign-in re-quired with PG&E at startof trail. Bring ID, wind-breaker, water, sunscreen,and hat. Take main roadthrough Montana de OroState Park until it ends in aparking lot just past Bluffand Hazard trail-heads.Park and walk through gatewith sign giving hours ofoperation, go up hill tocheck-in area with PG&Eofficial. Bring ID. No dogsallowed. Leader: JanSecord, 602-0403.

Sun., May 21st, 10 a.m.Trekking-Pole Hike inShell Beach. Come on ashort, 1.5 mile, 100 ft. gain,hike on Bluffs Coastal Trailto learn and practice effec-tive use of trekkingpoles. Hike follows fireroad to coastal trail andback. From Hwy 101, takeShell Beach Rd, then west

on El Portal Rd to intersec-tion with Bluff and IndioDrives. Go right and parknear gate. Leader: DavidGeorgi, 458-5575 orhikingpoles@ gmail.com.Rain cancels.

Tues., May 23rd., 10 a.m.-noon Paso Robles RiverWalk. Join us on an easy,three-mile walk along alevel dirt/paved paththrough riparian habitatwith sycamores andwillows. Directions: takeHwy 101 to Spring St.,theneast on Niblick Rd and righton S.River Rd, then right onRiverbank Lane toLawrence Moore Park,across from BridgegateLane. No dogs please.Leader: Debbie Roller, 610-0458.

Sat., May 27th, 10 a.m.Treehuggers’ Walk onTerrace Hill. One-milestroll to learn about thesecret lives of some nativetrees, their Chumash uses,and take in grand views ofthree other morros. Wearsturdy walking shoes. FromJohnson Ave. in SLO, takeBishop St. southwest forone-tenth mile to the signedtrailhead. Leader: Joe Mor-ris, 549-0355.

Sun., May 28th, 2 p.m.Historic Walk of San LuisObispo: Post-World WarII Rebirth. Imagine SanLuis Obispo before its tree-lined streets or MissionPlaza, but with soda foun-tains, pool parlors, and five-and-ten cent stores. Thisguided stroll past downtownbuildings and along SanLuis Creek will take youfrom city life in the lateforties to its transformation

(805) 549-0355

Bill Waycott, Outings Chair(806) 459-2103 [email protected]

On April 17, hundreds of protesters greeted InteriorSecretary Ryan Zinke when he showed up for a speech inSanta Barbara about his recent visit to the Channel Islandsand “parks in general.” While he didn’t unveil an expected offshore drillingExecutive Order as we had feared, he did use the opportu-nity to talk about oil and gas drilling on public lands andwaters. In 1969, Santa Barbara was the location of thelargest spill in U.S. waters at the time, followed by theRefugio Beach spill in 2015. And April marked the seven-year anniversary of the Deepwater Horizon disaster. Hardto imagine a less appropriate time to push for moredrilling. The week before, Zinke told an industry conference thatan offshore oil directive was set to be issued soon. “That’swhy it’s surprising that he would then hold an event a blockfrom the beach that was the site of the first major offshoreoil spill in the U.S.,” said Katie Davis, chair of the Sierra

Club Santa Barbara Group.“Congressman Carbajal’sfirst act in congress was tointroduce a ban on offshoredrilling. That’s a testamentto the sentiment againstdrilling here. Of coursethere’s a protest.” Huge kudos to Katie and

Los Padres Sierra Club Chapter Chair Jim Hines, who wereable to help organize the protest on about two days’ notice,and digital staff Andy Wilson and Marie Bergen for gettinga text alert out on twelve hours’ notice. Donald Trump’s Interior Department has repeatedlysought to destroy publicly owned lands for fossil fueldevelopment. The Secretary has called expanding leasingfor fossil fuel development “a pillar” of Trump’s plans,ended the federal coal leasing moratorium that protectedour public lands and prevented publicly owned coal frombeing sold for pennies on the dollar, and even required theBureau of Land Management’s home page to swap animage of a family enjoying our public lands for a picture ofa coal mine.

Hello, Secretary Zinke

Welcome Bill WaycottBy Joe Morris, Outings Chair 2009-2017

The new Outings Chair for our chapter will be Bill Waycott. He has been approvedunanimously by the Executive Committee, and will take up his duties on May 1st. In my estimation, Bill is eminently qualified by training, experience, and respect fromhis peers to take over this job, and we are very fortunate to get his acceptance. He hasbeen a well-regarded outings leader for the chapter since 2009 and is especially knownfor his botanical field trips to identify and discuss local native plants (he holds a Ph.D. inbotany). Bill initiated the Morro Mania Day, during which hikers climb the five acces-sible morros all in one day. He recently served as both President and Outings Chair ofthe local chapter of the California Native Plant Society. I have enjoyed being Outings Chair and will see you all on the trail, as I will continue tolead hikes and city walks for the chapter.

tiful Alejandro Camp,nestled between hills. Beready for some bushwhack-ing, ticks, and poison oak.Wear long sleeves andpants. Dress in layers andbring lots of water, hat, andgood walking shoes. FromSLO, take Hwy 101 southto Betteravia Rd. to meetand carpool in front of theFedEx Office Print andShip Center, 2142 BradleyRd. Rain or threat of raincancels. Leader: AndreaOrtiz, 264-4527 [email protected].

Sat., May 20th, 10 a.m.-12:30 p.m. Point BuchonTrail Hike. Come on afour-mile, 629 ft. gain, sce-

On the Pt. Buchon Trail.

in the seventies.Meet at corner ofSanta Rosa andPacific Sts.Leader: JoeMorris, 549-0355.

Sat., May 13th, 9-11a.m. Birding at the Garden withMorro Coast Audubon. One mile birdwalk at a slow tomoderate pace. Gentle terrain over a variety of surfaces. Jay Carroll and Eric Wier of Morro Coast Audubon Societywill be your leaders. Bird Walk is $5 for SLO BotanicalGarden members/$10 non-members. $3 parking fee. Noreservations needed. For more information [email protected].

SANTA - sierraclub.org · Santa Lucian • May 2017 SANTA 1 LUCIAN May 2017 Volume 54 No.5 ......

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Transcript of SANTA - sierraclub.org · Santa Lucian • May 2017 SANTA 1 LUCIAN May 2017 Volume 54 No.5 ......