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    <title>SELC Press Releases</title>
    <link>http://southernenvironment.cat4dev.com</link>
    <description></description>
    <dc:language>en</dc:language>
    <dc:creator>thansen@selcva.org</dc:creator>
    <dc:rights>Copyright 2010</dc:rights>
    <dc:date>2010-02-19T14:43:30-05:00</dc:date>
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    <item>
      <title>Groups Seek Positive Outcomes from Proposed Rules for Off&#45;Road Vehicles within National Park</title>
      <link>http://www.southernenvironment.org/newsroom/press_releases/grps_on_proposed_rules_for_off_road_vehicles_within_national_park_3_5_10/</link>
      <guid>http://www.southernenvironment.org/newsroom/press_releases/grps_on_proposed_rules_for_off_road_vehicles_within_national_park_3_5_10/#When:15:02:46Z</guid>
      <description><![CDATA[<p>Conservation groups are studying proposed rules released today by the National Park Service to govern off-road vehicle use at <strong><a href="http://www.southernenvironment.org/north_carolina/beach_driving_on_cape_hatteras_national_seashore">Cape Hatteras National Seashore</a></strong>. The groups are examining the document to see if the rules balance the interests of ORV enthusiasts with the park service&rsquo;s primary responsibility to preserve the seashore&rsquo;s natural resources, including rare sea turtles, birds, and their young, for present and future generations. As a unit of the National Park System, Cape Hatteras has been required for decades under federal law to establish guidelines for off-road vehicles (ORVs) that minimize harm to wildlife and natural values of the seashore in accordance with the best available science. <br />
<br />
The preferred alternative announced today falls short of the U.S. Department of Interior&rsquo;s own scientists&rsquo; recommendations regarding the measures needed to protect wildlife within the national park. <br />
<br />
&ldquo;We look forward to working with the park service to ensure compliance with legal and scientific requirements to guarantee adequate space and protections for pedestrians and wildlife, while still allowing responsible beach driving in some areas, so that all visitors can fully enjoy this national treasure,&rdquo; said Julie Youngman, senior attorney, Southern Environmental Law Center. &ldquo;The final rules should improve public access to the beaches for pedestrians and people with disabilities by adding boardwalks, parking spaces and public facilities to enhance visitor enjoyment in balance with wildlife conservation efforts.&rdquo; <br />
<br />
The park service&rsquo;s preferred plan in today&rsquo;s proposal sets aside only 16 miles of the 68 miles of seashore year-round as non-ORV areas for pedestrians, families, and wildlife. <br />
<br />
&ldquo;The past two years under the consent decree have proven that, if given a chance, birds and turtles can rebound, local tourism can be sustained, and responsible recreation can have a place within Cape Hatteras,&rdquo; said Chris Canfield, executive director of Audubon North Carolina, referring to a settlement agreement approved in federal court in 2008. &ldquo;With strong leadership from the Park Service and cooperation from local communities, Cape Hatteras can become a national example of balanced, progressive management.&rdquo; <br />
<br />
A February 4th <a href="http://www.southernenvironment.org/uploads/publications/02-04-10_Memo_in_Supp_of_Plfs_MSJ_HL.pdf ">court filing</a> by the Cape Hatteras Access Preservation Association and Dare and Hyde Counties states the 2008 Consent Decree to manage ORV use provides &ldquo;important biological benefits and protections&rdquo; to piping plovers on the seashore. In fact, both <a href="http://www.southernenvironment.org/uploads/publications/Species_CHNS_Charts.pdf ">wildlife</a> numbers and <a href="http://www.southernenvironment.org/uploads/publications/Cape_Hatteras_National_Seashore_Visitation_2005-2009.pdf ">park visitation </a>numbers are up under the 2008 consent decree. The last two years had record numbers of turtle nests and the highest number of nesting piping plovers since 1998, as well as a net average increase of nearly 100,000 park visitors in 2008-2009 during months affected by the consent decree compared to the same time period during the three previous years, 2005-2007. Not only did park visitation remain solid, but <a href="http://www.southernenvironment.org/uploads/publications/Dare_County_Gross_Occupancy_1994-2009.pdf">Dare County rental occupancy</a> for both 2008 and 2009 reached a record high over a 15 year period despite two years of a nationwide economic recession and Dare County&rsquo;s public statements about its &ldquo;closed&rdquo; beaches. <br />
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&ldquo;We will be examining the alternatives closely and will urge the park service to choose a management plan that protects the wildlife resources of Cape Hatteras for generations to come,&quot; said Jason Rylander, staff attorney for Defenders of Wildlife. &quot;The park service has avoided its legal responsibilities for too long.&rdquo; <br />
<br />
The rules will also likely be reviewed by many scientific experts on species conservation. This winter, nearly 100 scientists signed a letter urging the National Park Service to implement the U.S. Geological Survey&rsquo;s recommended protocols to managing beach driving for the protection of nesting birds and sea turtles within the park. In 2009, President Obama issued an Executive Order that federal agency decisions should be based in science. <br />
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### <br />
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<strong><span style="font-size: smaller">Note to editors: <br />
<br />
</span></strong><span style="font-size: smaller">&bull; The February 4th filing in D.C. District Court by the Cape Hatteras Access Preservation Association and Dare and Hyde Counties is available at: <a href="http://www.southernenvironment.org/uploads/publications/02-04-10_Memo_in_Supp_of_Plfs_MSJ_HL.pdf">http://www.southernenvironment.org/uploads/publications/02-04-10_Memo_in_Supp_of_Plfs_MSJ_HL.pdf</a> <br />
<br />
&bull; Charts showing data for wildlife numbers, Cape Hatteras National Seashore visitation, and Dare County gross occupancy are available at: <a href="http://www.southernenvironment.org/uploads/publications/Species_CHNS_Charts.pdf">http://www.southernenvironment.org/uploads/publications/Species_CHNS_Charts.pdf</a> <a href="http://www.southernenvironment.org/uploads/publications/Cape_Hatteras_National_Seashore_Visitation_2005-2009.pdf">http://www.southernenvironment.org/uploads/publications/Cape_Hatteras_National_Seashore_Visitation_2005-2009.pdf</a> <a href="http://www.southernenvironment.org/uploads/publications/Dare_County_Gross_Occupancy_1994-2009.pdf">http://www.southernenvironment.org/uploads/publications/Dare_County_Gross_Occupancy_1994-2009.pdf</a> <a href="http://www.southernenvironment.org/uploads/publications/Dare_County_Gross_Occupancy_2005-2009.pdf ">http://www.southernenvironment.org/uploads/publications/Dare_County_Gross_Occupancy_2005-2009.pdf </a><br />
<br />
&bull; The scientists&rsquo; letter to the National Park Service is available by contacting iphillips@audubon.org <br />
<br />
&bull; Video of birds and sea turtles and photos of Cape Hatteras habitats and birdlife in the park are available by contacting iphillips@audubon.org <br />
<br />
<br />
<br />
<strong>About Defenders of Wildlife </strong>Defenders of Wildlife is dedicated to the protection of all native animals and plants in their natural communities. With more than 1 million members, supporters and subscribers, Defenders of Wildlife is a leading advocate for innovative solutions to safeguard our wildlife heritage for generations to come. www.defenders.org <br />
<br />
<strong>About National Audubon Society </strong>The National Audubon Society has more than one million members and supporters, offices in 23 states, and a presence in all 50 states through more than 450 certified chapters, nature centers, sanctuaries, and education and science programs. Locally, Audubon maintains a North Carolina state office which works on behalf of Audubon&rsquo;s more than 10,000 members and supporters in nine chapters across state. Audubon&rsquo;s mission is to conserve and restore natural ecosystems, focusing on birds, other wildlife, and their habitats for the benefit of humanity and the earth&rsquo;s biological diversity. It carries out that mission nationally through a variety of activities including education, habitat conservation and public policy advocacy. www.ncaudubon.org <br />
<br />
<strong>About the Southern Environmental Law Center </strong>The Southern Environmental Law Center is the only regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC&#8217;s team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use. WEB: www.SouthernEnvironment.org TWITTER: http://www.twitter.com/selc_org </span>
</p>]]></description>
      <dc:date>2010-03-05T15:02:46-05:00</dc:date>
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      <title>Alabama rivers, Great Smoky Mountains are featured topics for Reed Writing Award winners</title>
      <link>http://www.southernenvironment.org/newsroom/press_releases/alabama_rivers_great_smoky_mountains_are_featured_topics_for_reed_writing_a/</link>
      <guid>http://www.southernenvironment.org/newsroom/press_releases/alabama_rivers_great_smoky_mountains_are_featured_topics_for_reed_writing_a/#When:13:35:39Z</guid>
      <description><![CDATA[<p>SELC is pleased to announce the winners of this year's Phillip D. Reed Memorial Award for Outstanding Writing on the Southern Environment. In the Book category, Alabama natural history scholar John Hall won for <em>Headwaters: A Journey on Alabama Rivers</em>, published by the University of Alabama Press. In the Journalism category, staff reporter and news editor for Smoky Mountain News Becky Johnson won for &quot;Celebrating 75 Years of the Great Smoky Mountains National Park,&quot; published in a special edition of the<em> Smoky Mountain Living. </em></p>
<p>Hall and Johnson will be in Charlottesville on March 20, to accept their awards and read from their work as part of SELC's special event at the Virginia Festival of the Book. Our featured speaker will be renowned southern writer Lee Smith. The event is scheduled for 12 to 2 p.m., CitySpace on the downtown pedestrian mall. It is free and open to the public. A book signing will immediately follow at SELC's offices on the mall, a short walk down the mall (across from Regal Cinemas).</p>
<p>In a talk entitled &quot;Sense of Place: Natural Landscapes and the Southern Writer,&quot; Smith will discuss her storytelling roots and upbringing in rural southwest Virginia and reflect on how the unique southern landscape influences her writing, and that of many southern writers. She will also read from her latest book, <em>Mrs. Darcy&nbsp;and the Blue-Eyed Stranger.</em></p>
<p>In <em>Headwaters</em>, Hall presents in epic fashion the story of Alabama's rivers, spanning time and space from the geologic formation of the Appalachians through to present-day research taking place to protect them. Hall builds his narrative around what he calls &quot;the Great River of Alabama,&quot; a single stream of his imagination comprised of all the rivers of the state. He follows the waters as they emerge from primal seepages in the mountains or from the broad Chunnenuggee Hills, carve their way through rocky uplands, roil along the Fall Line rapids, and ease across the coastal plain before they empty into the Gulf of Mexico. Each chapter ends with a special focus on conservation - of fishes, mussels, water quality, and finally coastal rivers and turtles.</p>
<p>As curator of the Black Belt Museum at the University of West Alabama and former Chief of Natural History at the University of Alabama Museum of Natural History, Hall is eminently knowledgeable about this topic, yet it's clear from his unadorned prose and occasional twists of humor that he wants his readers to feel at once awed by and connected to these waters. Presented as a coffee-table book, <em>Headwaters</em> is graced by more than 150 breathtaking photographs by longtime Alabama photographer Beth Maynor Young.</p>
<p>What the Reed judges say:&nbsp;</p>
<ul>
    <li>&nbsp;&quot;It's a handsome and informative book, a good read. History and natural history, legends and lore, this book is well-written and meticulously researched. A joy to read.&quot;- Janet Lembke.<br />
    &nbsp;</li>
    <li>&quot;Not only is it beautiful, but you feel a need to save as well as savor these waters.&quot;- Nikki Giovanni.</li>
</ul>
<p>Journalism Award winner Becky Johnson was the lead writer for a special edition of <em>Smoky Mountain Living</em> celebrating the 75th anniversary of the Great Smoky Mountains National Park in 2009. As she noted, the park is many things to many people: a place of refuge, a keeper of history, a home to wildlife, an engine for tourism - a backdrop to life itself in the region. Her multiple stories explore these many facets of the park, as well as the long-standing resentment of some in the region whose forebears were compelled to leave their homes and farms when the government acquired their land.</p>
<p>Johnson spent more than 200 hours interviewing historians, park rangers, old-timers, community leaders, artists, ecologists and those who recreate in the park. Weaving together their voices, along with stories from the past and present-day issues of conservation, she takes her readers on a fascinating tour of one of the most visited parks in the U.S., and one of the most biologically diverse spots in the world.</p>
<p>What the Reed judges say:&nbsp;</p>
<ul>
    <li>&quot;I found her articles on the history of the Smokies park particularly important and informative.&quot; - Will Martin.<br />
    &nbsp;</li>
    <li>&quot;Becky Johnson certainly had the most in-depth reporting.&quot; - Joel K. Bourne, Jr.</li>
</ul>
<p>SELC also congratulates the runners-up in each category: Howard Ernst in the Book category for <em>Fight for the Bay</em> (Rowman and Littlefield Publishers), and Anne Paine and Brad Schrade in the Journalism category for a collection of articles about the Tennessee Valley Authority and the 2008 coal ash spill (<em>The Tennessean</em>).</p>
<p>SELC is grateful to this year's judges, who generously volunteer their time and talent: J<br />
<br />
<strong>Joel K. Bourne, Jr</strong>. - Contributing writer, former environment editor at <em>National Geographic </em><br />
<strong>Jim Detjen</strong> - Director, Knight Center for Environmental Journalism, MSU <br />
<strong>Nikki Giovanni </strong>- Poet, author, essayist; Distinguished Professor of English, Virginia Tech <br />
<strong>Janet Lembke</strong> - Poet, essayist, author; <em>Touching Earth </em><br />
<strong>Will Martin </strong>- Senior Fellow for World Wildlife Fund; member SELC President's Council. <br />
<strong>Bill McKibben </strong>- Essayist, activist, author; <em>Deep Economy</em>; Scholar-in-residence, Middlebury College <br />
<strong>Tara Rae Miner</strong> - Former managing editor of Orion magazine <br />
<strong>Deaderick Montague</strong> - Civic leader and writer; Vice President of SELC Board of Trustees <br />
<strong>Janisse Ray</strong> - Essayist, poet, activist, author; <em>Ecology of a Cracker Childhood </em><br />
<strong>Charles Seabrook </strong>- Author, former environmental reporter for the <em>Atlanta Journal-Constitution </em><br />
<strong>Donovan Webster </strong>- Journalist and author; <em>The Burma Road</em></p>]]></description>
      <dc:date>2010-03-05T13:35:39-05:00</dc:date>
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      <title>Virginia&apos;s Challenge Of EPA Carbon&#45;Emissions Rule Misguided</title>
      <link>http://www.southernenvironment.org/newsroom/press_releases/virginias_challenge_of_epa_carbon_emissions_rule_misguided/</link>
      <guid>http://www.southernenvironment.org/newsroom/press_releases/virginias_challenge_of_epa_carbon_emissions_rule_misguided/#When:14:43:30Z</guid>
      <description><![CDATA[<p>The announcement today by Virginia Attorney General Kenneth Cuccinelli that he is challenging the Environment Protection Agency finding that greenhouse gases endanger the public health and welfare is misguided, a waste of taxpayer money in severe economic times, and out of synch with where Virginia should be headed.</p>
<p><strong>Following is a statement from SELC attorney Trip Pollard.</strong> Mr. Pollard recently served on the Virginia Climate Change Commission, which released its final report in December 2008:</p>
<p>&quot;Make no mistake - the action today by Attorney General Cuccinelli ignores the dangers to public health and welfare that climate changes pose to all Virginians. It diverts us from the imperative task of shifting the Commonwealth away from heavily polluting, carbon-based fuels and towards cleaner energy. It denies thousands of Virginians the opportunity of getting jobs in the growing clean-energy sector. And it commits future generations of Virginians to the extraordinary costs of dealing with sea-level rise, intensified storms and droughts - all related to climate change. Politicians who focus on snow in the South or unseasonably warm rain at the Winter Olympics are willfully ignoring the unbiased evidence from scientists on global climatic trends that have been established across decades.&quot;</p>
<p><strong>Background: </strong></p>
<p>Cuccinelli's announcement comes on the heels of a report by the Virginia Institute of Marine Sciences projecting that rising sea levels and intensifying storms - both as a result of climate change - will have an increasingly devastating impact on the Hampton Roads area. Eric Walberg, with the Hampton Roads Planning District Commission, was quoted in the <em>Daily Press:</em> &quot;... over time we're going to become more vulnerable to catastrophic flooding from a larger storm. We are going to reach the point where a strong Category 1 or Category 2 storm could really create a difficult issue.&quot;</p>
<p>In addition, this week the State Corporation Commission is hearing testimony on a plan by Dominion Power to cut energy use across its service area by approximately 2.4 million megawatt-hours per year by 2024, which would reduce carbon dioxide emissions by more than 15 million tons annually, according to the company's press release in July 2009 when it announced the plan. In an article in <em>C-ville Weekly</em> yesterday, company spokesman Jim Norvelle said: &quot;I think [our green initiatives exist] because we're responding to what American society and what our customers are asking us to do.&quot;</p>
<p>In December, the EPA announced a final determination that greenhouse gases, including carbon dioxide, threaten the public health and welfare. Hotter, longer heat waves, increased ground-level ozone, and other consequences associated with climate change threaten public health, the agency said. Following are excerpts from its preliminary finding in April 2009:</p>
<p style="margin-left: 40px"><em>The Administrator concludes that, in the circumstances presented here, the case for finding that greenhouse gases in the atmosphere endanger public health and welfare is compelling and, indeed, overwhelming...The evidence points ineluctably to the conclusion that climate change is upon us as a result of greenhouse gas emissions, that climatic changes are already occurring that harm our health and welfare, and that the effects will only worsen over time in the absence of regulatory action. </em></p>
<p style="margin-left: 40px"><em>The effects of climate change on public health include sickness and death. It is hard to imagine any understanding of public health that would exclude these consequences. The effects on welfare embrace every category of effect described in the Clean Air Act's definition of &quot;welfare&quot; and, more broadly, virtually every facet of the living world around us. </em></p>
<p style="margin-left: 40px"><em>And, according to the scientific evidence relied upon in making this finding, the probability of the consequences is shown to range from likely to virtually certain to occur. This is not a close case in which the magnitude of the harm is small and the probability great, or the magnitude large and the probability small. In both magnitude and probability, climate change is an enormous problem. </em></p>
<p>EPA issued the proposed &quot;endangerment&quot; findings in April 2009 and received more than 380,000 comments during a 60-day public comment period. Its final finding was issued in December. The process was in response to the 2007 U.S. Supreme Court decision that greenhouse gases fit within the Clean Air Act definition of air pollutants.</p>]]></description>
      <dc:date>2010-02-19T14:43:30-05:00</dc:date>
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      <title>Army Corps Fails to Protect 500 Acres of Wetlands Near Charleston</title>
      <link>http://www.southernenvironment.org/newsroom/press_releases/army_corps_fails_to_protect_500_acres_of_wetlands_near_charleston/</link>
      <guid>http://www.southernenvironment.org/newsroom/press_releases/army_corps_fails_to_protect_500_acres_of_wetlands_near_charleston/#When:09:59:23Z</guid>
      <description><![CDATA[<p>Conservation groups today notified the U.S. Army Corps of Engineers of their intent to challenge its decision that no permits are required under the federal Clean Water Act before the development of approximately 500 acres of South Carolina wetlands in Black Tom Bay, about 36 miles northwest of downtown Charleston and within the Ashley River watershed. The wetlands are connected to U.S. waterways and therefore protected wetlands under the Clean Water Act, according to the 60 day notice of intent from the Southern Environmental Law Center and National Wildlife Federation on behalf of the Coastal Conservation League, National Wildlife Federation, and South Carolina Wildlife Federation. <br />
<br />
&ldquo;Confusion in the law has left these 500 acres of wetlands and thousands like it vulnerable to destruction despite their vital benefits to communities,&rdquo; said Chris DeScherer, attorney, Southern Environmental Law Center. &ldquo;South Carolina and the nation are losing wetlands at staggering rates which means we&rsquo;re also losing our natural water filtration systems, storm buffers, and wildlife habitat.&rdquo; <br />
<br />
Recent U.S. Supreme Court rulings have created confusion over which wetlands and streams are protected by the federal Clean Water Act and, for many wetlands, essentially left it to the U.S. Army Corps of Engineers to decide the issue on a case-by-case basis. In February 2007, the Corps determined that all 492 acres of wetlands on the site are isolated and therefore not protected by federal law. An investigation by the public interest groups bringing suit indicates that the wetlands qualify for federal protection because they are hydrologically connected with the Ashley River and provide significant benefits to the area, including flood storage, water purification, and habitat for wildlife and recreation.<br />
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&ldquo;We hope the that the Corps will take a second look because there is a lot of evidence here that these wetlands should be covered by federal law,&rdquo; said Nancy Vinson, director of the South Carolina Coastal Conservation League&rsquo;s Air, Water, and Public Health Programs. <br />
<br />
Wetlands improve water quality, buffer storms, and act as freshwater reservoirs and habitat for fish, shellfish and migratory birds. When hurricanes batter the coast, wetlands are the first line of defense for communities. They absorb excess rainwater and filter runoff in downpours. When drought threatens, wetlands are important natural reservoirs. These benefits will be increasingly important for South Carolina as the climate changes and flooding events and storm surges likely increase in frequency and intensity. <br />
<br />
&ldquo;Climate change will make the flood storage, pollutant filtration, flow recharge and habitat provisions headwater wetlands play all the more vital to people and wildlife,&rdquo; said Jim Murphy, attorney for the National Wildlife Federation. &ldquo;This case is just an illustration of the need for Congress to fully restore protection to America&#8217;s waters.&rdquo; <br />
<br />
In providing today&rsquo;s notice of intent to challenge the Corps&rsquo; determination, the Southern Environmental Law Center represents the South Carolina Coastal Conservation League, the National Wildlife Federation, and the S.C. Wildlife Federation. National Wildlife Federation is serving as co-counsel on the case. <br />
<br />
&ldquo;We have the laws on the books to keep our waters clean,&rdquo; said Ben Gregg, South Carolina Wildlife Federation. &ldquo;It&rsquo;s unfortunate that citizens have to resort to lawsuits to ensure that environmental protections are maintained.&rdquo; <br />
<br />
The Environmental Protection Agency is also named in the suit for failing in its responsibility to ensure the proper decision. Upon receipt of the notice, the U.S. Army Corps of Engineers and the EPA have 60 days to re-consider its determination and compliance with Clean Water Act requirements. If, at the close of 60 days, sufficient action has not been taken, the conservation groups will file a lawsuit in the U.S District Court for the District of South Carolina. <br />
<br />
### <br />
<br />
<strong><span style="font-size: smaller">About South Carolina Coastal Conservation League The Coastal <br />
<br />
</span></strong><span style="font-size: smaller">Conservation League is a grassroots non-profit conservation organization, founded in 1989 to protect the natural environment of the South Carolina coastal plain and to enhance the quality of life of our coastal communities. The League works with individuals, businesses, and government to ensure balanced solutions. <br />
<br />
<strong>About Southern Environmental Law Center <br />
<br />
</strong>The Southern Environmental Law Center is a regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC&rsquo;s team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use. <a href="http://www.SouthernEnvironment.org ">www.SouthernEnvironment.org </a><br />
<br />
<strong>About National Wildlife Federation <br />
<br />
</strong><em>National Wildlife Federation </em>is America&#8217;s conservation organization inspiring Americans to protect wildlife for our children&rsquo;s future. <br />
<br />
<strong>About South Carolina Wildlife Federation <br />
<br />
</strong>The South Carolina Wildlife Federation, SCWF, promotes effective habitat conservation and respect for outdoor traditions through statewide leadership, education, advocacy and partnerships. The Federation was formed in 1931, when a handful of sportsmen crisscrossed the state to recruit fellow outdoor enthusiasts. In just a few months, around 2,000 people joined as charter members. <br />
<br />
</span>
</p>]]></description>
      <dc:date>2010-02-18T09:59:23-05:00</dc:date>
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      <title>Dominion Energy Efficiency Plan a Good Start, But Short&#45;Changes Business and Low&#45;Income Customers</title>
      <link>http://www.southernenvironment.org/newsroom/press_releases/2010_02_15_virginia_scc_hearing_dominion_ee/</link>
      <guid>http://www.southernenvironment.org/newsroom/press_releases/2010_02_15_virginia_scc_hearing_dominion_ee/#When:13:17:21Z</guid>
      <description><![CDATA[<p>At a hearing scheduled to start tomorrow, the Southern Environmental Law Center will urge the State Corporation Commission (SCC) to direct Dominion Power to expand and refine its energy efficiency programs proposed for 2010 and beyond.&nbsp; SELC will argue that better-designed efficiency programs will enable Virginians to save millions on their electricity bills while also reducing carbon dioxide, sulfur dioxide and other power plant pollution.&nbsp; SELC is representing Appalachian Voices, Chesapeake Climate Action Network,&nbsp; and the Virginia Chapter of the Sierra Club in this proceeding.</p>
<p>HEARING: Tuesday, February 16, starting at 10 a.m., State Corporation Commission Courtroom, 2nd floor of the Tyler Building, 1300 East Main Street, Richmond</p>
<p>In July, Dominion proposed its first substantial energy efficiency plan, for which it now seeks SCC approval for cost-recovery from ratepayers. The plan, entirely voluntary by Dominion, was developed in response to a change in state law in 2009 allowing utilities to recover the costs of investing in efficiency programs much the same as they do for investing in traditional energy sources, such as building coal-fired power plants.&nbsp; The purpose of the law, advocated for by the environmental groups, is to begin putting efficiency on a level playing field with older, heavily polluting forms of electricity generation.</p>
<p>&nbsp;&quot;Although Dominion's energy efficiency portfolio can be improved considerably, this is a good first step and we're happy to see Virginia's new efficiency law bearing fruit,&quot; says SELC senior attorney Cale Jaffe.&nbsp; &quot;The bottom line for all of us is - use less, pay less. It's a no-brainer for businesses, governments and homeowners. We welcome the opportunity to help Dominion make this the best possible program.&quot;</p>
<p>Jaffe will offer several recommendations for strengthening Dominion's energy efficiency portfolio, including investing more heavily in roughly 215,000 small businesses and industries, large retailers, hospitals, government buildings, and other customers that use less than 500 kilowatt/hours of electricity.</p>
<p>&quot;Helping small businesses reduce operating costs by making their operations more energy efficient is an important factor in our economic recovery,&quot; says Glen Besa, Virginia Chapter Director for the Sierra Club. &quot;The more money that small businesses save, the better they are able to retain and hire workers.&quot;</p>
<p>&nbsp;&quot;Designing efficiency programs to benefit low-income families and those on fixed incomes is critical in these tough economic times,&quot; says Tom Cormons, Virginia Director for Appalachian Voices.</p>
<p>Virginia utilities rank 34th in the country in overall energy efficiency, behind neighboring states of North Carolina, Kentucky, Maryland, and others, according to a yearly scorecard by the American Council for an Energy-Efficient Economy.&nbsp;</p>
<p>&quot;As Governor McDonnell has noted, Virginia is well-positioned to play a leadership role in our country's energy future. Efficiency remains the quickest, cheapest, and cleanest way forward, and we hope that Dominion takes this opportunity to make Virginia a leader,&quot; says Chelsea Harnish, with the Chesapeake Climate Action Network.</p>
<p>SELC will present two expert witnesses at the hearing: Hale Powell, a utility analyst with more than twenty-five years of demand-side management experience and a Master's degree in Energy Management and Policy from the University of Pennsylvania; and William Steinhurst, a senior consultant with Synapse Energy Economics who has a Ph.D. in Mechanical Engineering from the University of Vermont.&nbsp; Mr. Powell and Dr. Steinhurst will offer extensive recommendations for strengthening Dominion's proposed energy efficiency portfolio based on industry best practices and successes that have been achieved in other places.</p>
<p>&nbsp;</p>]]></description>
      <dc:date>2010-02-15T13:17:21-05:00</dc:date>
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      <title>River Advocates Allege Clean Water Act Violations By N. C. Hog Operation</title>
      <link>http://www.southernenvironment.org/newsroom/press_releases/river_advocates_allege_clean_water_act_violations_by_n_c_hog_operation/</link>
      <guid>http://www.southernenvironment.org/newsroom/press_releases/river_advocates_allege_clean_water_act_violations_by_n_c_hog_operation/#When:12:01:11Z</guid>
      <description><![CDATA[<p>River advocates served legal notice to a large industrialized hog operation in eastern North Carolina for violations of the Clean Water Act. On behalf of Larry Baldwin, the Lower Neuse Riverkeeper, the Neuse Riverkeeper Foundation, Richard Dove, and the Waterkeeper Alliance, legal counsel from the Southern Environmental Law Center (SELC) and the Waterkeeper Alliance sent a notice of intent to sue to a concentrated animal feeding operation of over 7,000 hogs, J.C. Howard&rsquo;s Hill and Taylor Farm in Jones County, for illegally discharging harmful pollutants&mdash;including fecal coliform and oxygen-depleting nitrogen and phosphorus&mdash;into waters of the Neuse River watershed. <br />
<br />
&ldquo;The J.C. Howard Hill and Taylor Farm spent years avoiding its obligations under the Clean Water Act,&rdquo; said Hannah Connor, staff attorney at Waterkeeper Alliance. &ldquo;The farm&rsquo;s neighbors and the environment can no longer wait for this operation to make the right decision with regard to swine waste disposal. Clean water and healthy communities are too important to take a back seat.&rdquo; <br />
<br />
&ldquo;With over two million hogs in the Neuse River Watershed producing the equivalent fecal waste of over twenty million people, the environmental problems associated with industrial hog pollution can no longer be ignored,&rdquo; said Larry Baldwin, Lower Neuse RIVERKEEPER&reg;. &ldquo;North Carolina&rsquo;s rich natural and agricultural history will be in jeopardy unless we take action now.&rdquo; <br />
<br />
Due to a heavy concentration of animal operations present within its watershed, the health of the Neuse River system is closely tied to compliance with the Clean Water Act. Serious problems associated with nutrient run-off plagued the Neuse River in previous years&mdash;pfiesteria outbreaks and fish kills&mdash;and led to some regulatory efforts. Recently, in the fall of 2009, the Neuse River again experienced a massive fish kill of about 100 million fish, which alarmed residents and tourists concerned about area drinking water, fisheries, and aquatic recreation. <br />
<br />
&ldquo;Declining water quality in our state continues to raise serious questions about the impact of concentrated animal operations on waterways and estuaries critical to communities, fisheries, and tourism,&rdquo; said Kay Bond, staff attorney for the Southern Environmental Law Center. &ldquo;Given the large number of hog farms in North Carolina, compliance with the Clean Water Act is critical to preserving and protecting our state&rsquo;s public waters.&rdquo; <br />
<br />
Evidence gathered by the Neuse Riverkeeper Foundation over the past two years, including extensive water sampling and photographs, reveals that the operation regularly violated the law by applying hog waste to fields so that the waste ran freely into ditches, off of the property and directly into nearby waterways, including the Joshua Branch as well as the connected Trent River and its tributaries. <br />
<br />
Upon receipt of the notice, the J.C. Howard&rsquo;s Hill and Taylor Farms has 60 days to bring its operations into compliance with Clean Water Act requirements. If, at the close of 60 days, sufficient action has not been taken to address these violations, the groups will file a lawsuit in the U.S District Court for the Eastern District of North Carolina. <br />
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# # # <br />
<br />
<span style="font-size: smaller">Note to Editors: <br />
<br />
&bull; High-resolution Waterkeeper Alliance photographs of the operation and waterways are available from Waterkeeper Alliance upon request. <br />
<br />
&bull; A high-resolution map or digital orthophotography of the operation showing lagoons, spray field and waterways is available for press use with appropriate credit by contacting ksullivan@selcnc.org <br />
<br />
Waterkeeper Alliance is a global environmental organization uniting more than 190 Waterkeeper programs around the world and focusing citizen advocacy on the issues that affect our waterways, from pollution to climate change. More information can be found at <a href="http://www.waterkeeper.org/">www.waterkeeper.org</a>. <br />
<br />
The Neuse River Foundation, Inc. d/b/a the Neuse RIVERKEEPER&reg; Foundation protects, restores, and preserves the Neuse River Basin through education, advocacy, and enforcement, in order to provide clean water for drinking, recreation, and enjoyment to the communities that it serves. The Neuse RIVERKEEPERS&reg; provide constant vigilance and a strong voice for the protection of all 250 miles of the Neuse River under the certification of WATERKEEPER&reg; Alliance. The Upper and Lower Neuse RIVERKEEPERS&reg; work to advocate for and improve the water conditions for the citizens of North Carolina through investigation, education and public involvement. More information can be found at <a href="http://www.neuseriver.org/">www.neuseriver.org</a>. <br />
<br />
The Southern Environmental Law Center is a regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC&rsquo;s team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use. <a href="http://www.southernenvironment.org/">www.SouthernEnvironment.org</a></span>
</p>]]></description>
      <dc:date>2010-02-09T12:01:11-05:00</dc:date>
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      <title>Lee Smith, Renowned Southern Writer and NYTimes Best&#45;Selling Author, Featured Speaker at SELC Event</title>
      <link>http://www.southernenvironment.org/newsroom/press_releases/2010_02_08_lee_smith_at_bookfest/</link>
      <guid>http://www.southernenvironment.org/newsroom/press_releases/2010_02_08_lee_smith_at_bookfest/#When:14:36:49Z</guid>
      <description><![CDATA[<p>The Southern Environmental Law Center (SELC), the largest nonprofit, nonpartisan advocacy organization dedicated to protecting the environment of the Southeast, is pleased to host renowned southern writer Lee Smith at the upcoming Virginia Festival of the Book in a special event on Saturday, March 20 from 12 noon to 2 p.m. at City Space on the downtown pedestrian mall.&nbsp; Winners of SELC's <a href="http://www.southernenvironment.org/phil_reed/">annual writing award </a>will also be announced.</p>
<p>In Smith's discussion entitled &quot;Sense of Place: Natural Landscapes and the Southern Writer,&quot; Smith (<em>On Agate Hill</em>,<em> Oral History</em>, <em>Saving Grace</em>, The <em>Devil's Dream</em>, and<em> Fair and Tender Ladies</em>) will discuss her oral storytelling roots and upbringing in rural, southwest Virginia and reflect on how the southern landscape influences her writing much like it has impacted many southern writers.&nbsp;&nbsp; She will also read from her latest book, <em>Mrs. Darcy&nbsp;and the Blue-Eyed Stranger.</em></p>
<p>&quot;Some of our most treasured southern writers have been deeply moved by their experiences in the South, such as mine in Grundy, Virginia. The Southern Appalachian mountains never fail to provide a colorful and beautiful backdrop for my writing,&quot; says Ms. Smith.&nbsp;</p>
<p>&quot;Writers have always drawn their inspiration from the natural world. I see it now in danger and it just frightens me,&quot; she adds, explaining why she wants to be part of the SELC event. &quot;There is something in the contemplation of mountains, of nature, and natural places that leads us to think of important things, real questions and issues that people need to be addressing and to be writing about.&quot;</p>
<p>Following her talk, the public is invited to a &quot;Meet the Author/Book Signing&quot; in the SELC office headquarters on the downtown mall, (across from Regal Cinema) from 2 p.m. to 3:30 p.m.</p>
<p>&quot;As an organization deeply grounded in a love of the South and a strong sense of place, we're honored to host Lee Smith at this year's Festival,&quot; says Marie Hawthorne, director of development at SELC. &quot;Her powerful writing gives voice to the South's natural landscapes at a time when unprecedented growth pressures threaten to overwhelm our mountains, forests, rivers, coast, and countryside.&quot;&nbsp;&nbsp;</p>
<p>The Festival of the Book event is part of SELC's annual writing contest, the Phillip D. Reed Memorial Award for Outstanding Writing on the Southern Environment.</p>
<p><strong>More about the Reed Writing Award<br />
</strong>Now in its 15th year, the award is named in memory of SELC founding trustee Phil Reed, a talented attorney and committed environmental advocate. Reed, a graduate of Princeton University and Yale Law School, was one of the first practitioners of environmental law.&nbsp; He worked in government, the Environmental Law Institute, a non-profit research organization, and headed the environmental practice at Skadden, Arps, Slate, Meagher &amp; Flom in New York.</p>
<p><strong>More about Lee Smith</strong><br />
Lee Smith is the author of eleven novels, including On Agate Hill, Oral History, Saving Grace, The Devil's Dream, and Fair and Tender Ladies, plus three collections of short stories. Her novel, The Last Girls, was a New York Times bestseller as well as a winner of the Southern Book Critics Circle Award.&nbsp;&nbsp; Her latest novel is Mrs. Darcy Meets the Blue-Eyed Stranger, published by Algonquin Books in early spring 2010.<br />
A retired professor of English at North Carolina State University, Ms. Smith received an Academy Award in Fiction from American Academy of Arts and Letters in 1999. <br />
See <a href="http://www.vabook.org">www.vabook.org</a> for more information on the Virginia Festival of the Book.</p>
<p><strong>About the Southern Environmental Law Center<br />
</strong>SELC is a nonprofit and the largest environmental advocacy organization dedicated to preserving the Southeast's natural heritage for future generations. Focused on clean air and water and protecting forests, rural lands, mountains and coast, SELC has informed, implemented and enforced environmental law and policy for 20 years. Established in 1986, SELC has 63 staff and is headquartered in Charlottesville with offices in Chapel Hill and Asheville, North Carolina, Atlanta, and Sewanee, Tennessee. Visit SELC online at <a href="http://www.SouthernEnvironment.org">www.SouthernEnvironment.org</a>.</p>
<p># # #<br />
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      <dc:date>2010-02-08T14:36:49-05:00</dc:date>
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      <title>Conservation Groups Applaud Right&#45;Sizing of Massive Mountain Highway in NC, TN</title>
      <link>http://www.southernenvironment.org/newsroom/press_releases/2010_02_03_corridor_k_resizing/</link>
      <guid>http://www.southernenvironment.org/newsroom/press_releases/2010_02_03_corridor_k_resizing/#When:15:43:09Z</guid>
      <description><![CDATA[<p>The Departments of Transportation in Tennessee and North Carolina are now studying, among other options, ways to complete the Corridor K project between Chattanooga and Asheville by improving existing roads instead of building stretches of new four-lane highway through mostly new terrain, a proposal which has drawn regionwide opposition.&nbsp;</p>
<p>Conservation groups in both states said Wednesday they are encouraged by news that the agencies are looking at developing two-lane routes mostly along existing roads, which, with necessary improvements, would meet the transportation needs of local communities.&nbsp; Previous proposals for completing the unfinished segments of Corridor K focused on cutting new highways through the Cherokee National Forest in Tennessee and the Nantahala National Forest in North Carolina.&nbsp; Both DOTs are now considering two-lane alternatives with lighter environmental footprints at significantly reduced costs to federal and state taxpayers.&nbsp;</p>
<p>&quot;A massive, four-lane highway through the mountains of this region is overkill, both in terms of the price tag and environmental harm. It's great news the agencies are considering more reasonable alternatives,&quot; said DJ Gerken with the Southern Environmental Law Center. In North Carolina, he said, the DOT's own studies show that improvements to existing two-lane highways in the project area will exceed the needed traffic capacity for decades.&nbsp; &quot;They can't ignore an alternative that costs half as much and avoids paving through an environmental treasure. Federal law is clear on this.&quot; (See SELC's <a href="/uploads/fck/file/corridor_k/SELC%20comments%20to%20Corps%20Sep%202009.pdf">comment letter </a>to&nbsp;the Corps:&nbsp;pdf)</p>
<p>NCDOT, in its draft environmental study released in August 2008, refused to consider any alternative other than a new four-lane highway.&nbsp; The project would cost $378 million and cut a 2,870-foot. tunnel under the Snowbird Mountains, requiring excavation of 3 million cubic yards of rock.&nbsp; Despite the enormous cost and environmental damage, DOT documents confirm thatfor most hours of the day, the new road would make no difference in travel times.</p>
<p>Conservation groups and citizens protested, arguing that reasonable improvements to existing two-lane roads in the area would serve local traffic needs at less than half the cost and with far less impact on the pristine Stecoah and Cheoah Bald Areas of western North Carolina.&nbsp; The Army Corps of Engineers, which must issue permits for the remaining sections of Corridor K in both states, <a href="/uploads/fck/file/corridor_k/Corps%20letter%20to%20NCDOT%20Oct%202009.pdf">told NCDOT in October </a>it must consider the alternative of upgrading and improving existing two-lane roads.</p>
<p>&quot;We are extremely gratified that NC DOT will be giving full consideration to the alternative of upgrading and improving existing two-lane highways. A new four-lane highway through sensitive mountain habitat would have unacceptably destructive impacts to wildlife habitat and water quality. Upgrading existing highways has always made the most sense,&quot; said Hugh Irwin with the Southern Appalachian Forest Coalition.</p>
<p>&quot;A four-lane highway would be massively degrading to the waters in this pristine area, as well as to the valuable natural and historic assets of the region which generate millions of dollars in annual recreational revenue to the mountain region, including scenic trails, trout streams, hunting habitat, campgrounds, recreational businesses and historic sites,&quot; said Chris North with the North Carolina Wildlife Federation.</p>
<p>In Tennessee, the DOT is weighing alternatives for completing the section of Corridor K through the Ocoee River Gorge. In a recent report to a citizen's advisory panel convened to help TDOT consider design options, the agency confirmed its intention to give full consideration to alternatives that improve existing two-lane highways. It outlined a range of possible two-lane and four-lane routes, including a corridor based on existing Highway 64, and estimated the two-lane options would cost as little as half the four-lane options.&nbsp; The most expensive option, construction of a new four-lane highway through the Cherokee forest north of the Highway 64, would cost as much as $1.3 billion, whereas improvements to Highway 64 could be completed for as little as $304 million.</p>
<p>&quot;WaysSouth is pleased at this signal that agencies are beginning to recognize that the historic approach of building more and bigger highways is neither environmentally nor economically sustainable,&quot; said Jim Grode, executive director of WaysSouth.</p>
<p>&quot;The Sierra Club has long been advocating for reasonable and practical alternatives to road projects.&nbsp; We are gratified that the Corps of Engineers in North Carolina and now TDOT for the Ocoee segment of Corridor K have recognized that four-lane superhighways may not be appropriate for the southern Appalachian mountains,&quot; said Axel Ringe with the Tennessee Chapter of the Sierra Club.</p>
<p>&nbsp;</p>]]></description>
      <dc:date>2010-02-03T15:43:09-05:00</dc:date>
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      <title>Conservation Groups Cheer Settlement Ending Long Fight to Stop Road Through Great Smokies Park</title>
      <link>http://www.southernenvironment.org/newsroom/press_releases/north_shore_road_settlement/</link>
      <guid>http://www.southernenvironment.org/newsroom/press_releases/north_shore_road_settlement/#When:15:33:12Z</guid>
      <description><![CDATA[<p>Congressman Heath Shuler of western North Carolina has announced a settlement between the National Park Service, Swain County and others bringing to a close the decades-long fight to stop a proposed road through the most remote, wild area of the Great Smoky Mountains National Park.&nbsp; The park service will pay Swain County $52 million, approximating today's cost of a county road that was flooded in the 1940s to make Fontana Lake.</p>
<p>Following is a statement from DJ Gerken:<br />
&quot;Today's announcement is the tipping point on the North Shore Road story - the resolution of an historical wrong in Swain County, and protection of the&nbsp; park's most wild, remote area for the future.&nbsp; It's also a win for American taxpayers, since the road would have cost several times more than this settlement.</p>
<p>&quot;Congressman Shuler deserves enormous credit for bringing this often-contentious issue to an end.&quot;</p>
<p>Following is a statement from Ted Snyder:<br />
&quot;The Sierra Club has been fighting the disastrous North Shore Road proposal since the late 1960s.&nbsp; We have always stood by the people of Swain County and are thrilled that this issue is finally resolved for the great benefit both of the park and the county.&quot;</p>
<p>Following is a statement from Don Barger: <br />
&quot;This is one for the history books. The wildest region of the park will stay wild, and future generations will be able to experience its isolation and grandeur. We all owe a debt of gratitude to Congressman Shuler and to the people of Swain County.&quot;</p>
<p>Background:<br />
In the 1960s, the National Park Service began building a replacement road for Swain County along the north shore of the lake, but abandoned the project after seven miles due to severe erosion and acidic runoff that wiped out fisheries in several streams. A number of county residents continued for decades to push for completion of what came to be known as &quot;the Road to Nowhere,&quot; even though the agency, the governors of North Carolina and Tennessee, the Swain County Commission all rejected the project on environmental and economic grounds in favor of a cash settlement with the county.</p>
<p>SELC, Sierra Club and the National Parks Conservation Association joined with numerous local, state and national groups to oppose the project, which would have cut through the largest unbroken mountain forest in federal ownership in the East, destroying habitat for rare song birds, black bear, native fish, and other species, and impairing a backcountry sanctuary treasured by generations.</p>
<p>Southern Environmental Law Center (http:www//southernenvironment.org) is the only regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC's team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.</p>
<p>The Sierra Club (<a href="http://www.sierraclub.org">http://www.sierraclub.org</a>) is America's oldest, largest, and most influential grassroots environmental organization. Inspired by nature, we are 1.3 million of your friends and neighbors, working together to protect our communities and the planet.</p>
<p>Since 1919, the nonpartisan National Parks Conservation Association (<a href="http://www.npca.org">http://www.npca.org</a>) has been the leading voice of the American people in protecting our national parks. With 325,000 members and supporters, NPCA is the largest independent, membership organization dedicated to protecting the natural, cultural, and historic treasures of our National Park System. Our mission is to protect and enhance our national parks today for our children and for our grandchildren tomorrow.<br />
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</p>]]></description>
      <dc:date>2010-02-02T15:33:12-05:00</dc:date>
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    <item>
      <title>Conservation groups in court to save highly endangered whales</title>
      <link>http://www.southernenvironment.org/newsroom/press_releases/groups_in_court_to_save_endangered_whales_1_28_10/</link>
      <guid>http://www.southernenvironment.org/newsroom/press_releases/groups_in_court_to_save_endangered_whales_1_28_10/#When:14:07:09Z</guid>
      <description><![CDATA[<p>Conservation groups today challenged the U.S. <strong><a href="http://www.southernenvironment.org/cases/navy_whales/maps/">Navy</a></strong>&rsquo;s decision to build its $100 million Undersea Warfare Training Range next to the only known calving ground for the critically endangered North Atlantic <strong><a href="http://www.southernenvironment.org/cases/navy_whales/">right whale</a></strong>. The Southern Environmental Law Center, Defenders of Wildlife, Earthjustice, Natural Resources Defense Council, The Humane Society of the United States, and nine other conservation groups brought the challenge. <br />
</p>
<p>
&ldquo;Right whales shouldn&rsquo;t be subjected to the threats that accompany this range &ndash; ship strikes, entanglement and noise disturbance &ndash; in the only place in the world where vulnerable females give birth to and care for their calves,&rdquo; said Catherine Wannamaker, an attorney with Southern Environmental Law Center. &ldquo;While we recognize the Navy&rsquo;s need to train, there are ways to accommodate that need without introducing multiple risks of harm into such a sensitive area.&quot;<br />
</p>
<p>
The project threatens the already precarious survival of right whales by introducing multiple known threats &ndash; ship strikes, entanglement, and noise disturbances &ndash; into an area critical to mothers and calves.<br />
</p>
<p>
&ldquo;The people of the southeast who welcome the return of the right whales each year know all too well the gruesome results when one is struck by a ship,&rdquo; said Sierra Weaver, attorney for Defenders of Wildlife. &ldquo;This project will almost certainly increase that threat, and yet the National Marine Fisheries Service, the agency in charge of protecting the whales, has given the Navy a green light.&rdquo; <br />
</p>
<p>
The legal challenge alleges that the Navy and the National Marine Fisheries Service failed to study the environmental impacts of building and operating the training range at this location. The Navy decided to construct the range now, even though it acknowledges that more research needs to be done on the range&rsquo;s environmental impacts before operations can begin. In documents filed with the court, the groups argue that the agencies must first address the impacts from operating the range before deciding to construct it. <br />
</p>
<p>
&ldquo;The Navy&rsquo;s decision to shoot first and study the environmental impacts of using this facility later simply makes no sense,&rdquo; said Sharon Young, field director of The HSUS. &ldquo;The Navy is playing Russian roulette with one of our most imperiled wildlife species.&rdquo; <br />
</p>
<p>
&ldquo;The science here is settled,&rdquo; said Steve Roady of Earthjustice. &ldquo;Right whales are critically endangered and the government knows it. Under the circumstances, it is baffling that NMFS and the Navy could be planning to proceed with this project that places so many of these whales at risk. This is decidedly not sound science; it is fundamentally unsound.&rdquo; <br />
</p>
<p>
As part of the planned training, Navy ships &ndash; exempt from speed restrictions designed to protect right whales &ndash; would pass through the calving grounds when traveling between the proposed training area and bases at Jacksonville, FL, and Kings Bay, GA. Ship strikes are the single largest cause of death for right whales with at least eight right whales killed in the past six years, including three pregnant females. Ship traffic in the calving grounds is of particular concern since data suggests female right whales are struck more often, possibly because they must spend more time at the surface with their calves which have undeveloped lung capacities. Scientists believe that the loss of even one right whale from non-natural causes could jeopardize the future of the species. <br />
</p>
<p>
&ldquo;Right whales already face a triple threat: sonar exposure, collisions with ships and debris entanglement,&rdquo; said Taryn Kiekow, staff attorney with NRDC. &ldquo;Science tells us the loss of even a single North Atlantic right whale could threaten the survival of the entire species. Constructing a training range in the only area where the North Atlantic right whales give birth and nurture their young will only exacerbate the already tenuous grip this species has on survival.&rdquo; <br />
</p>
<p>
After laying cables through the 500 square nautical mile training area, the Navy plans to conduct 470 annual exercises on the training range with up to three vessels and two aircraft deploying exercise torpedoes, parachutes and sonobuoys, and sonar and other noise pollution. Sonar can cause a range of impacts on marine wildlife &ndash; from disrupting nursing and feeding to injury and death in some cases. Debris left behind on the range may heighten risk of entanglement. According to scientists, approximately 14 to 51 percent of the right whale population is entangled each year which can interfere with eating, breathing or swimming. <br />
</p>
<p>
Despite strong concerns expressed by Georgia and Florida, conservation groups, and scientists, the Navy decided to proceed with its plans without implementing recommended measures that could have lessened the impact of its activities. <br />
</p>
<p>
The challenge was filed today in U.S. District Court for the Southern District of Georgia by Defenders of Wildlife, The Humane Society of the United States, Whale and Dolphin Conservation Society, Natural Resources Defense Council, Center for a Sustainable Coast, Florida Wildlife Federation, North Carolina Wildlife Federation, South Carolina Coastal Conservation League, Animal Welfare Institute, Ocean Mammal Institute, Citizens Opposing Active Sonar Threats, and Cetacean Society International. The groups are represented by attorneys from Southern Environmental Law Center, Defenders of Wildlife, Earthjustice, and Natural Resources Defense Council. <br />
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###<br />
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<strong><span style="font-size: smaller">Note to editors:</span></strong><span style="font-size: smaller"> <br />
<br />
&bull; Photos and video b-roll of right whales are available at <a href="http://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/rightwhale_photos.htm">http://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/rightwhale_photos.htm</a> or by contacting the GA Department of Natural Resources. <br />
<br />
&bull; A map showing the proposed project and right whale sightings is available by contacting ksullivan@selcnc.org <br />
<br />
&bull; Comments on the project by groups can be found at: <a href="http://projects.earthtech.com/uswtr/USWTR_library/comment_letters/coded_comments_2008_p1.html ">http://projects.earthtech.com/uswtr/USWTR_library/comment_letters/coded_comments_2008_p1.html </a><br />
<br />
&bull; The U.S. Navy&rsquo;s final Environmental Impact Statement is available at <a href="http://projects.earthtech.com/uswtr/EIS/FOEIS-EIS_2009/FOEIS-EIS_2009.htm">http://projects.earthtech.com/uswtr/EIS/FOEIS-EIS_2009/FOEIS-EIS_2009.htm</a> <br />
<br />
&bull; The U.S. Navy record of decision document can be found on the project website at <a href="http://projects.earthtech.com/uswtr/USWTR_library/PDF_library/ROD/ROD.pdf ">http://projects.earthtech.com/uswtr/USWTR_library/PDF_library/ROD/ROD.pdf </a><br />
<br />
&bull; NMFS Biological Opinion can be found at: <a href="http://projects.earthtech.com/uswtr/USWTR_library/PDF_library/Technical_Report/NMFS%20Biological%20Opinion.pdf ">http://projects.earthtech.com/uswtr/USWTR_library/PDF_library/Technical_Report/NMFS%20Biological%20Opinion.pdf </a><br />
<br />
&bull; Georgia&rsquo;s correspondence after final EIS can be found at: <a href="http://projects.earthtech.com/uswtr/USWTR_library/PDF_library/Agency_Correspondence/GA%20CCD%20letter%20June%2026%202009.pdf">http://projects.earthtech.com/uswtr/USWTR_library/PDF_library/Agency_Correspondence/GA%20CCD%20letter%20June%2026%202009.pdf</a> and <a href="http://projects.earthtech.com/uswtr/USWTR_library/PDF_library/Agency_Correspondence/GA%20CCD%20letter%20July%2020%202009.pdf ">http://projects.earthtech.com/uswtr/USWTR_library/PDF_library/Agency_Correspondence/GA%20CCD%20letter%20July%2020%202009.pdf </a><br />
<br />
&bull; Florida&rsquo;s correspondence after final EIS can be found at: <a href="http://projects.earthtech.com/uswtr/USWTR_library/PDF_library/Agency_Correspondence/FL%20DEP%20letter%20July%2027%202009.pdf ">http://projects.earthtech.com/uswtr/USWTR_library/PDF_library/Agency_Correspondence/FL%20DEP%20letter%20July%2027%202009.pdf </a>
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<strong><br />
<br />
About Defenders of Wildlife</strong> 
<br />
Defenders of Wildlife is dedicated to the protection of all native animals and plants in their natural communities. With more than one million members and activists, Defenders of Wildlife is a leading advocate for innovative solutions to safeguard our wildlife heritage for generations to come. For more information, visit <a href="http://www.defenders.org">www.defenders.org</a>.&nbsp;&nbsp;
<br />
<strong><br />
<br />
About Earthjustice</strong> 
<br />
Earthjustice (www.earthjustice.org) is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. 
<br />
<strong><br />
<br />
About The Humane Society of the United States</strong> 
<br />
The Humane Society of the United States is the nation&#8217;s largest animal protection organization &mdash; backed by 11 million Americans, or one of every 28. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education and hands-on programs. Celebrating animals and confronting cruelty &mdash; On the web at <u>humanesociety.org</u>.&nbsp;&nbsp;
<br />
<strong><br />
<br />
About the Natural Resources Defense Council 
<br />
</strong>NRDC is an international, nonprofit organization of scientists, lawyers and environmental specialists dedicated to protecting public health and the environment. Founded in 1970, NRDC has 1.3 million members and online activists, served from offices in New York, Washington, Chicago, Los Angeles, San Francisco and Beijing. <a href="http://www.nrdc.org/">www.nrdc.org</a>&nbsp;&nbsp;
<br />
<strong><br />
<br />
About Southern Environmental Law Center</strong> 
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The Southern Environmental Law Center is the only regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC&#8217;s team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use. <br />
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WEB: <a href="http://www.southernenvironment.org/">www.SouthernEnvironment.org</a> <br />
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FACEBOOK: <a href="http://www.fanofselc.org/">http://www.fanofselc.org</a><br />
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TWITTER: <a href="http://www.twitter.com/selc_org">http://www.twitter.com/selc_org</a></span></p>
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      <dc:date>2010-01-27T14:07:09-05:00</dc:date>
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