Audubon Society Cheers Congress for Bird Law

  • The European Starling, an invasive species, has been pushing woodpeckers out of their nests and preventing them from breeding. The Migratory Bird Treaty Reform Act will help reduce populations of non-native bird species. (Photo by Louis Rock)

The National Audubon Society is praising Congress for strengthening protections for American migratory birds. The Great Lakes Radio Consortium’s Erin Toner reports:

Transcript

The National Audubon Society is praising Congress for strengthening protections for American migratory birds. The Great Lakes Radio Consortium’s Erin Toner reports:


The U.S. Migratory Bird Treaty Act was passed in 1917 to protect native birds, such as the woodpecker, the Baltimore Oriole, and the American Black Duck. But a court ruling earlier this year changed the law, by extending protections to all birds, including non-native species. National Audubon Society spokesman John Bianchi says invasive species like the European Starling are pushing out native birds.


“That is hard for people to understand, but the equation there is that pushing out means killing. A European Starling pushing a woodpecker out of its nest means that that woodpecker will not breed that year.”


As part of a recent spending bill, Congress amended the law to once again only protect native migratory birds. That provides millions of dollars a year for protection efforts, which can include trapping and removing non-native birds, or killing them.


For the Great Lakes Radio Consortium, I’m Erin Toner.

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Mining vs. Old-Growth Forest

  • Dysart Woods in southeast Ohio is an old-growth forest. Many of the trees are more than 300 years old. (Photo courtesy of dysartwoods.org)

The need for cheap energy is coming into conflict
with efforts to preserve a forest. Coal mining companies are using a technique that causes the land to subside and sometimes changes natural underground water systems. Environmentalists say mining underneath a forest preserve could destroy the ecosystem. The Great Lakes Radio Consortium’s Lisa Ann Pinkerton reports on environmental activists who are defending the
forest:

Transcript

The need for cheap energy is coming into conflict with efforts to preserve a forest.
Coal mining companies are using a technique that causes the land to subside and sometimes
change natural underground water systems. Environmentalists say mining underneath a forest
preserve could destroy the ecosystem. The Great Lakes Radio Consortium’s Lisa Ann Pinkerton
reports on environmental activists who are defending the forest:


For decades, the coal mining industry has been using a technique of extraction called
long wall mining. Industry officials say it’s the most effective way to get the bituminous
coal out of the ground. In traditional room and pillar mining, the land above is not disturbed.
But the long wall machine leaves no support for the 1000-foot tunnel created in its wake. After
the coal is extracted, the ground caves in, causing the land to sink.


Dysart Woods, in southeastern Ohio, is slated for such a fate. The conservation group,
Buckeye Forest Council, wants to block the woods from mining. Its members believe long
wall mining will destroy the old-growth forest. The four hundred and fifty acres, fifty-five
acres of the trees are more than 300 years old. Fred Gittis is an attorney who has volunteered
his services to protect the woods.


“And these woods are precious, and they are among the last old-growth forest areas remaining,
not only in Ohio, but in this part of the country. Recently a documentary was filmed in Dysart Woods, because it has some of the conditions that would have existed at the time of George
Washington’s life.”


Gittis argues state should repeal the mining permit granted for Dysart Woods. Ohio Valley
Coal was granted the permit in 2001. As steward of the woods, Ohio University disputed the
permit for three years. But last November, it agreed to drop its appeal, in exchange for $10,000 from the state to study the forest’s water, as it is undermined. Ohio Valley
Coal Company would drill the wells needed. But the Buckeye Forest Council says a study doesn’t
solve the problem.


“First of all it is just a water monitoring project. It offers no protection to the woods.
Second of all, they don’t have the base line data right now to compare to what it normal.”


That’s Susan Heikler, Executive Director of the Buckeye Forest Council. When Ohio University
accepted the mining permit, her organization took up the fight. The group worked with lawyer
Fred Gittis and nationally known experts to review the science of the Coal Company’s mining
plan. Gittis says the Council’s experts were not impressed.


And, both hydrogeologists and mining experts have indicated that the basic science related
to this mining permit is, not to be insulting but, junk.”


The plan calls for long wall mining within 300 feet of the old-growth forest. However,
experts from the Buckeye Forest Council say a 1500 foot buffer around the woods
is the only way to insure the protection of the hydrology – the natural water system that
sustains the forest.


In a major concession two years ago, the Coal Company agreed not to long wall mine directly
under Dysart Woods. Instead, room and pillar mining is planned. The Company says that will
delay subsidence for centuries to come. Attorney Fred Gittis says without core samples from
directly under the woods, the company doesn’t have the data to back up this claim.


“If you don’t know what that rock is, if it’s soft like claystone or shale, it can collapse.
And so its pretty basic stuff.”


Attorneys for the company declined to be interviewed for this story. In statements, the
Company defends its lack of data by pointing to exemptions they were granted by the Department
of Mineral Resources. The Company stands by its assertion that, quote, “trees and other surface
vegetation will absolutely not be affected by mining.” But in September, the story changed. In
court, a mining consultant for the company, Hanjie Chen, testified that the forest floor would
sink 5 inches. Attorneys for Ohio Valley Coal abruptly stopped his testimony after this
statement. But Gittis says the damage to the coal company’s case is already done.


Although Buckeye Forest Council rested its case in July, the defendant, Ohio Valley Coal is
still adding witnesses and dragging out the case. Fred Gittis says the Company is trying to
exhaust the Buckeye Forest Council’s legal funding. He adds that this is why he volunteers his
expertise.


For the time being, mining under the old growth forest has been pushed back until the hearings
conclude in November.


For the Great Lakes Radio Consortium, this is Lisa Ann Pinkerton.

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Holy Grail of Great Lakes Shipwrecks Found?

  • For a long time, anything any diver salvaged could be claimed as his or her own. Since the Abandoned Shipwreck Act of 1987, anything divers find on public land remains public. But a new discovery may bend some rules. (Photo courtesy of NOAA)

A shipwreck hunter believes he might have found what’s been described as the Holy Grail of Great Lakes wrecks. His find has triggered a new debate over who can lay claim to historic shipwrecks and what should happen to them. The Great Lakes Radio Consortium’s Sally Eisele reports:

Transcript

A shipwreck hunter believes he might have found what’s been described as the Holy Grail of Great Lakes wrecks. His find has triggered a new debate over who can lay claim to historic shipwrecks and what should happen to them. The Great Lakes Radio Consortium’s Sally Eisele reports:


Of the thousands of shipwrecks in the Great Lakes, the wreck of the Griffin is probably the most legendary. For a few reasons. She was built by somebody legendary – French explorer Rene-Robert Cavalier Sieur de La Salle, she was the first European ship to sail the Upper Great Lakes… and she was the first to sink. Actually, she sank on her maiden voyage in 1769, not exactly one of La Salle’s bigger success stories. But the mystery she left behind is pretty big – and it has pretty well flummoxed Great Lakes historians for hundreds of years. Shipwreck scholar Steven Herald is the director of the Manistee County Historical Museum.


“The Griffin loaded its first and only freight cargo downbound at Green Bay, and there has never been a reliable report of anyone who has seen the vessel since. It left Green Bay and disappeared totally.”


Did she run aground? Sink to the bottom of Lake Michigan? No one knows, But Steven Libert, a long-time shipwreck hunter, thinks he might have found a clue. What he’s excited about appears to be a long, wooden pole sticking out of the sand in about 80 feet of water in northwestern Lake Michigan. It doesn’t look like much. But Rick Robol, the attorney for Libert’s company Great Lakes Exploration, says tests indicate it could date back to the 17th century. And it could be part of a ship.


“Great Lakes Exploration does not know at this point what is there. And it does not know whether in fact it is the Griffin or not. Certainly if it were the Griffin, it would be a very substantial find.”


Great Lakes Exploration has filed suit in federal court seeking salvage rights to the site. But the site is in Michigan waters and the state has filed a motion to have the case dismissed. State archaeologist John Halsey says whatever there is should belong to the public, not a private company.


“They have the money to go out and look, they have the money to go out and find, but what they don’t have is the permission to bring stuff up. That’s where the rubber meets the road.”


The state argues the Federal Abandoned Shipwreck Act of 1987 gives any state title to historic wrecks in its waters. Before its passage, pretty much anybody in a rubber suit could salvage shipwrecks. And they did – the evidence is rusting out in garages across the country. The federal law sought to protect these historic sites – which, in the cold fresh water of the Great Lakes, are often well-preserved time capsules. But Wisconsin shipwreck researcher, Brendon Baillod, says a number of cases have already shown the law is full of technical loopholes if you have the money and time to challenge it.


“We have a lot of wrecks that are open game legally. It really is up to the judge who gets the case before them.”


If Great Lakes Exploration does clear the legal hurdles, the next question will be academic. What should happen to their findings? Attorney Rick Robol says it all depends on what’s there.


“Really, shipwrecks have to be dealt with on a case by case basis. There are some shipwrecks that may best remain in situ, that is, on site, and there are other that should be recovered. It’s impossible to determine what’s best for a particular wreck without first scientifically studying it.”


At this stage, it’s anybody’s guess as to whether the site contains the remains of a ship or just a pile of very old scrapwood. But preservationists such as historian Steven Herald, argue anything of historical value should really just be left there.


“I’m a great one for leaving it where it is and studying it in as much detail as possible. The easiest way to preserve it is to keep it there.”


One thing is certain, any excavation would likely involve many years and millions of dollars. Oh, and there’s another possibility too, if in fact the Griffin is found. Technically, the vessel still belongs to France, which was in charge around here after all at the time of La Salle’s adventures.


For the Great Lakes Radio Consortium, I’m Sally Eisele.

Related Links

Groups Sue Bush Administration Over Wildlife Rule

  • The Bush Administration has decided to make some changes on the National Forest Management Act, and many environmental groups are not pleased about it. (photo by Stefan Nicolae)

Environmentalists are suing the Bush administration for repealing rules that protect wildlife in national forests. The Great Lakes Radio Consortium’s Lester Graham reports:

Transcript

Environmentalists are suing the Bush administration
for repealing rules that protect wildlife in national
forests. The Great Lakes Radio Consortium’s Lester
Graham reports:


During the Reagan administration, regulations were
put in place that required the Forest Service to
ensure non-timber resources such as water, wildlife
and recreation were given due consideration and that
the wildlife be managed to maintain viable populations.
Tim Preso is a staff attorney for Earthjustice, one of
the groups that filed the lawsuit in federal court.


“Now, through a quiet rule-making, the Bush
administration is proposing to strip that protection
away and make it legal to drive wildlife toward
extinction in the national forests. We don’t think
that’s right and we don’t think that’s what the
majority of Americans support and we’re going to
seek to overturn it in the federal courts.”


Without public notice or public comment, the Bush
administration set aside the rule in favor of a less
restrictive guideline that relies on what’s called
“best available science.” One Forest Service official
says it doesn’t change things that much.


For the Great Lakes Radio Consortium, this is Lester
Graham.

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Watchdog Group Goes to Court Over Sewage Overflows

An environmental watchdog group says the Milwaukee Metropolitan Sewerage District has dumped one billion gallons of raw waste into Lake Michigan over the past eight years. Now it’s taking its case to the U.S. Court of Appeals in Chicago. The Great Lakes Radio Consortium’s Jenny Lawton reports:

Transcript

An environmental watchdog group says the Milwaukee Metropolitan Sewerage District has
dumped 1-billion gallons of raw waste into Lake Michigan over the past 8 years. Now it’s taking
it’s case to the U.S. Court of Appeals in Chicago. The Great Lakes Radio Consortium’s Jenny
Lawton reports:


The Chicago-based Lake Michigan Federation says bacterial waste released from Milwaukee
continues to threaten Lake Michigan’s beaches.


The problem stems from Milwaukee’s underground sewage system…which isn’t big enough to
accomodate the city’s waste.


The Sewerage District has plans to upgrade the system by 2010.


But the Federation says that’s not soon enough.


Executive director Cameron Davis wants the Court to force the sewerage district to make the
changes by imposing fines.


“As long as there aren’t financial incentives to do that, what we’re going to see is kind of this
incremental, small step to small step approach sewage overflows in the region. And that’s simply
not acceptable.”


But last month, a Milwaukee federal district court dismissed a similar lawsuit… saying state
agencies had enforced the laws diligently.


Now the Federation hopes to prove to the U.S. Court of Appeals that Milwaukee has racked up
over 100 federal Clean Water Act violations in the past few years.


For the Great Lakes Radio Consortium, I’m Jenny Lawton.

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Army Corps to Lower River Levels

The Corps of Engineers will soon lower water on the Missouri River… a month after it was first ordered by a judge to do so. The Great Lakes Radio Consortium’s Tom Weber reports:

Transcript

The Corps of Engineers will soon lower water on the Missouri River… a
month after it was first ordered by a judge to do so. The Great Lakes Radio Consortium’s
Tom Weber reports:


The Corps is only going to keep the river levels down for three days. A
federal judge in Washington had ordered the reduction to protect nesting
endangered species… but the Corps said that would conflict with another
ruling from Nebraska that said water must be high enough for barges.


Those lawsuits were all combined and sent to a court in Minnesota… where
judge Paul Magnuson ruled the two orders were not in conflict. He says that
means the order to lower levels still applies.


Barge companies were told to secure vessels because the river will likely be
too shallow for navigation during the three days. The corps had risked
being fined a half-million dollars a day for being in contempt of the
ruling… but Judge Magnuson says he won’t enforce those fines at this time.


Environmental groups say it might be too late for the species… but it’s
better than nothing.


For the Great Lakes Radio Consortium, I’m Tom Weber.

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Forests for Lumber or Wildlife?

  • Loggers and environmentalists fight continually over the use of national forests. Managers at many national forests around the country are developing new long-range plans. (Photo by Stephanie Hemphill)

Loggers and environmentalists are in a continual fight over the use of national forests. One of their battlegrounds is the long-range planning process. Every ten to fifteen years, the U.S. Forest Service designs a new plan for each national forest. Right now, several forests in the Northwoods are getting new plans. The Forest Service says it’s paying more attention to biodiversity, and wants to encourage more old growth forests. Critics on the environmental side say the new plans are just business as usual. Loggers say they still can’t cut enough trees. The Great Lakes Radio Consortium’s Stephanie Hemphill reports:

Transcript

Loggers and environmentalists are in a continual fight over the use of
national forests. One of their battlegrounds is the long-range
planning process. Every ten to fifteen years, the U.S. Forest Service
designs a new plan for each national forest. Right now, several
forests in the Northwoods are getting new plans. The Forest Service
says it’s paying more attention to biodiversity, and wants to encourage
more old growth forests. Critics on the environmental side say the
new plans are just business as usual. Loggers say they still
can’t cut enough trees. The Great Lakes Radio Consortium’s Stephanie
Hemphill reports:


(sound of car door closing, footsteps in woods)


Jerry Birchem is a logger. He’s visiting one of his harvest sites on
land owned by St. Louis County, in northeastern Minnesota. The highest
quality wood will be turned into wooden dowels… other logs will go to a
lumber mill… the poorest quality will be turned into paper.


Birchem tries to get the highest possible value from each tree. He says in the last ten
years, the price of trees has tripled.


“We have to pay more for timber and the mills want to pay less, and we’re caught in the
middle of trying to survive in this business climate.”


Birchem likes buying timber from the county, like at this logging site. He hardly ever
cuts trees from the national forest anymore. He’d like to, but the Forest Service doesn’t
make much of its land available for logging. The agency says it doesn’t have enough staff
to do the environmental studies required before trees can be cut on federal land.


Jerry Birchem says loggers need the Forest Service to change that.


“You know there needs to be processes set in place so you know, it doesn’t take
so long to set up these timber sales. I mean, they’ve got to go through so
many analyses and so many appeals processes.”


Birchem says it should be harder for environmental groups to get in the way of timber
sales. But not everybody agrees with Birchem.


Clyde Hanson lives in Grand Marais, on the edge of Lake Superior. He’s an active
member of the Sierra Club.


He says it’s true loggers are taking less timber off federal lands in recent
years. But he says the Forest Service still isn’t protecting the truly special
places that deserve to be saved.


He says a place like Hog Creek should be designated a wilderness area, where no trees
can be cut.


(sound of creek, birds)


“Very unique mixture, we must be right at the transition between two types of forest.”


Red pine thrive here, along with jackpine and tamarack. It’s rough and swampy country,
far from roads. So far, loggers have left these trees alone.


But with the value of trees skyrocketing, Hanson says the place will be logged eventually.


Forest Service planners made note of the fact that the Hog Creek area is relatively
untouched by humans. They could have protected it, but they decided not to.


“And we think that’s a mistake, because this is our last chance to protect wilderness and
provide more wilderness for future generations. If we don’t do it now, eventually there’ll
be enough roads or enough logging going on in these places that by the next forest plan
it’ll be too late.”


But the Forest Service says it is moving to create more diversity in the
woods. It wants a forest more like what nature would produce if left
to her own devices.


The agency says it will reduce the amount of aspen in the forest. Aspen has been
encouraged, because it grows fast. When it’s cut, it grows back quickly, so loggers and
paper companies can make more money.


The trouble is, an aspen forest only offers habitat for some kinds of animals,
such as deer and grouse. Other animals, especially songbirds, need older trees to
live in.


So the Forest Service wants to create more variety in the woods, with more old trees than
there are now. But how to get the forest from here to there, is the problem.
Duane Lula is one of the Forest Service planners. He says fires and windstorms are nature’s way of producing
diverse forests. They sweep the woods periodically, killing big stands of older trees, and
preparing the soil for pines and other conifers. Jackpines, for instance, used to be more
common in the northwoods. Lula says the only practical way for man to mimic nature is
by cutting trees down.


“We can’t have those fires anymore just because people live here, there are private
homes here. There’s no way that we could replicate those fires. Timber management is one way of regenerating those jackpine stands in
lieu of having major fires.”


But Lula says the main purpose of timber cutting in the new plan is to move the forest
toward the diversity the agency wants, not to produce wood. And he says that shows the
Forest Service is looking at the woods in a new way.


“The previous plan tended to be very focused on how many acres you were going to
clearcut, how much timber you were going to produce, how much wildlife habitat you
were going to produce, and this one is trying to say, if we have this kind of desired
condition on the ground that we’re shooting for, then these other things will come from
that.”


As it does in the planning process in other national forests around the Great Lakes, the
Forest Service will adjust the plan after hearing from the public. Loggers,
environmentalists, and everyone else will have a chance to have their say. A final version
will be submitted to the Regional Forester in Milwaukee early next year. It could then
face a challenge in court.


For the Great Lakes Radio Consortium, I’m Stephanie Hemphill.

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Northern Neighbor Curbs Pesticide Use

While the U.S. continues to struggle over the use of pesticides, its neighbor to the north has recently taken some major steps toward restricting its use. Earlier this year Canada’s largest grocery chain announced that its 440 garden centers would be pesticide-free by 2003. In the wake of this announcement the Canadian government introduced amendments to its 33 year-old pesticide control act. Great Lakes Radio Consortium commentator Suzanne Elston says that while this is welcome news… “what took so long?”:

Transcript

While the U.S. continues to struggle over the use of pesticides, its neighbor to the north has recently taken some major steps toward restricting its use. Earlier this year, Canada’s largest grocery chain announced that its 440 garden centers would be pesticide-free by 2003. In the wake of this announcement, the Canadian government introduced amendments to its 33 year-old pesticide control act. Great Lakes Radio Consortium commentator Suzanne Elston says that while this is welcome news, “What took so long?”

Contrary to popular belief, there are at least three things that you can’t avoid – death, taxes and pesticides. Pesticides are everywhere – in our food, in our water and in the air that we breathe.

Ever since the publication of Rachel Carson’s book, Silent Spring, 40 years ago, many environmentalists have expressed their concern that anything that can kill other living organisms must also have an effect on human health. They have patiently gathered evidence while encouraging the scientific community to do the same. But despite our growing awareness of the dangers of pesticides, progress toward restricting their use has been painstakingly slow.

And then came Hudson. A decade ago this small Quebec town passed a local by-law to restrict the cosmetic use of pesticides. Cosmetic use generally means using them to improve the appearance of lawns and gardens. Two lawn care companies immediately took the town to court. The ensuing legal battle dragged on for ten years. But the town’s remarkable tenacity paid off. Last year the Supreme Court of Canada unanimously upheld Hudson’s right to legislate the use of pesticides and encouraged other municipalities to do the same.

The Supreme Court decision literally opened a floodgate of activity. Hundreds of municipalities that had been waiting for the Hudson ruling are now proceeding with their own pesticide legislation.

Even the traditionally conservative Canadian Cancer Society – known for its “cancer can be beaten” philosophy is calling for a ban on the cosmetic use of pesticides known to cause cancer. Apparently, cancer not only can be beaten – it can be prevented.

Then in March a modern day corporate miracle happened. The Loblaw’s grocery chain announced that it would be pesticide free in all of its 440 garden centers by next year. What was so amazing about the giant retailer’s announcement is that a cancer victim inspired it. After being diagnosed with breast cancer in 1997, a young Canadian doctor went on a one-woman campaign to ban pesticide use. Dr. Bruinsma’s story caught the attention of a Loblaw’s company official and the rest is corporate history.

It was only after all of this, that the Canadian government finally introduced a long promised update of its 33 year-old pesticide act. While the bill isn’t perfect, it is a step in the right direction – the direction that environmentalists have been pointing to for decades.

The Canadian Cancer Society, Loblaws, even the Canadian government are making some dramatic shifts in direction thanks to the extraordinary efforts of ordinary citizens – many of them cancer patients, like Dr. Bruinsma. While struggling with their own disease they have gathered evidence about the harmful effects of pesticides in the hopes of preventing others from suffering the same fate.

Sadly, Dr. Bruinsma didn’t live to see the change in Loblaw’s corporate policy. She died of breast cancer just a few short weeks before the announcement was made. Ironically, Rachel Carson, the great-grandmother of the anti-pesticide movement also lost her life to breast cancer a few years after Silent Spring was published in 1962. What we can learn from their deaths – and their remarkable lives – is that change, as always, starts with the power of one.

Super Unpatriotic Vehicles

Recent reports that sales of SUVs, mini-vans, and light trucks have outstripped car sales has Great Lakes Radio Consortium commentator Don Ogden wondering if SUV is short for Super Unpatriotic Vehicle:

Forest Service Sued Over Aspen Logging

The Sierra Club is suing the U.S. Forest Service to block logging of aspen in national forests in three Great Lakes states. The Great Lakes Radio Consortium’s Stephanie Hemphill reports:

Transcript

The Sierra Club is suing the U.S. Forest Service to block logging of aspen on national forests in three Great Lakes states. The Great Lakes Radio Consortium’s Stephanie Hemphill reports.


The lawsuit asks a federal court to force the Forest Service to stop cutting aspen on its land in Michigan, Wisconsin, and Minnesota. The Sierra Club’s Anne Woiwode says the Forest Service favors aspen production at the expense of a healthy forest, and a healthy economy.


“When they choose to keep aspen at very high levels, they choose not to bring back forests that may be of greater economic value, may actually produce many more jobs than aspen does for the amount of wood produced.”


Woiwode says clear cutting aspen prevents white pine and hardwood forests from growing back.


The Forest Service says it manages forests for a variety of types and ages of trees, and doesn’t try to encourage aspen where it would not grow naturally.


For the Great Lakes Radio Consortium, I’m Stephanie Hemphill in Duluth.