NEW YORK – A federal appeals court has dismissed a challenge to New York State's denial of a water-quality permit for the Constitution Pipeline. The 124-mile natural-gas pipeline had received approval from the Federal Energy Regulatory Commission or FERC.

But under section 401 of the Clean Water Act, states also have a say. New York's Department of Environmental Conservation says the Constitution Pipeline Company failed to turn over necessary information and denied the water quality certification last year.

Attorney Mike Dulong with Hudson Riverkeeper, calls the appeals-court ruling "precedent setting."

"This should give environmental advocates and states certainty that states have the right to protect their waters," he says.

The pipeline builder says the completed project would create jobs, reduce energy costs and address concerns about air quality.

But environmental groups point out the pipeline's route would affect 500 acres of forest, 85 acres of wetland and cross 251 streams. While plans called for drilling under some streams, Dulong says the pipeline would have crossed others by digging trenches through them.

"Which has the potential to cause a lot of soil erosion and suspended sediment," he explains. "That's harmful for fish, for recreation and fishing, and it can have permanent impacts on those streams."

He adds that no plans were provided for crossing some of the rivers and streams along the route.

And while environmentalists are celebrating the court ruling as a victory for clean water, Dulong emphasizes that it's a victory for the climate as well.

"Really, it's a victory for New York State," he added. "We should be turning to clean energy, and we should not be building out fossil-fuel infrastructure that's going to stick around for another 50 or 100 years."

Natural gas burns cleaner than coal or oil - but methane, its main component, is a powerful greenhouse gas.


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Christmas, it turns out, is for the birds, at least for those that will be counted this year in the National Audubon Society's Christmas Bird Count.

The nearly monthlong bird count takes place around the country. Birders will go through a circled area with a 15-mile radius, counting the number of birds they see or hear.

Steve Sheffield, professor of biology at Bowie State University and vice president of the Maryland Ornithological Society, said the data gathered across the country will help map the trends and movements in bird populations.

"You can look at the population trends of each of the species and see where they're headed, whether their trajectory is up or down or whether they're stable," Sheffield outlined. "You can also look at where you are seeing the numbers. You're getting an idea of how the birds are moving due to climate change."

For counters who can identify bird calls, Sheffield noted they only need to hear a bird in order to count it, which helps with species flying silently, such as owls.

Sheffield emphasized collecting a century's worth of data is invaluable to bird conservation efforts. Birds, he added, are often a strong indicator of the overall health of ecosystems and are easily found and measured the world over.

One of the trends the bird count tracks is what Sheffield called "irruptive species," those forced to move south because food supplies in their local ecosystems run low.

"We get these birds showing up, like snowy owls, evening grosbeaks, purple finches, red-breasted nuthatches," Sheffield observed. "You could go several years and you won't find any of them. All of a sudden, one year, you have many of those species. That tells you some information about their habitat conditions."

The bird count begins Dec. 14 and goes through Jan. 5. The count is conducted by thousands of volunteers in more than 20 countries in the Western Hemisphere.


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A New Mexico agency has stepped up vigilance of the state's limited water resources.

On Tuesday, the New Mexico Water Quality Control Commission approved a designation to protect more than 250 miles in five watersheds, including the Rio Grande. A coalition of state groups including anglers, local governments, acequia members and conservation groups were seeking the "Outstanding National Resource Waters" designation.

Ralph Vigil, northern organizer for the nonprofit New Mexico Wild, said the classification will protect traditional community water uses and safeguard waterways from the degradation new uses often inflict.

"I think that we, as people living in this time, need to take the necessary steps," Vigil asserted. "Because I believe we're living in a tipping point where either we do it or we're going to get to a point that it's so far gone that there's no such thing as clean water anymore."

The designation protects traditional community water uses and safeguard waterways from degradation from mining, development and transportation, waste disposal, recreational overuse and the effects of climate change. It will also help sustain outdoor activities such as fishing, hunting, hiking and camping.

Nick Streit, executive director of Friends of Rio Grande del Norte National Monument and co-owner of the Taos Fly Shop, explained the value of protecting the resource.

"My father started the business back in 1980 and I've been running it with my wife for the last 20 years and it's our sole income," Streit explained. "Protecting the water is also protecting kind-of our livelihood."

Vigil, an organic farmer, said clean rivers and streams are vital to New Mexico's agricultural economy, which depends on clean water to grow healthy crops.

"As we move forward with uncertainty as far as what might happen to our protections for clean water throughout the state this whole ONRW designation will help ensure that more of our streams within our state are protected," Vigil emphasized.

Some conservationists worry the incoming Trump administration will repeal clean water legislation approved by President Joe Biden, including an order for utilities to start ridding the nation's drinking water of forever chemicals known as PFAS, which are linked to cancer and other health risks.

Support for this reporting was provided by The Pew Charitable Trusts.

Protesters are gathering at the Columbus Public Safety Building today to voice opposition to plans that could expand fracking activities near the state's parks.

Participants are raising concerns over environmental and health risks, emphasizing the potential dangers to Ohio's natural spaces.

Jenny Morgan, a longtime activist and environmental advocate, highlighted the potential health hazards associated with fracking.

"This accident-prone industry that uses dangerous chemicals, creates radioactive waste," said Morgan. "Ohio park lovers are not being properly informed of the risk to the lands that they own, where they take their children. It's wrong."

Morgan cited a 2022 Harvard study linking fracking to increased radioactive particles in areas downwind of drilling sites.

The Ohio Oil and Gas Association defends the industry, asserting that advances in technology and oversight minimize risks, while emphasizing the economic benefits and jobs it brings to the state.

Melinda Zemper - a steering committee member of Save Ohio Parks - stressed the importance of preserving Ohio's public lands for future generations, and said the public deserves more transparency about the long-term effects of fracking.

"These are public lands that belong to the people of Ohio, not to one or two political administrations," said Zemper. "We want our children - and our grandchildren - to be able to enjoy these natural resources in perpetuity, because that's how they were established."

Roxanne Groff, a former Athens County commissioner and environmental activist, noted how industry promises have shaped local perceptions.

"Sadly," said Groff, "what keeps most people from Appalachia from participating in the protesting is they believe the industry lies that they are going to get jobs, and they're going make money, and their communities are going to prosper. People fight to get their leases bought."

The protest, set to take place at 12:15 p.m, is part of a growing movement across Ohio to raise awareness about the environmental costs of fracking.




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