Wolf Hunt Challenged by Lawsuit

Minneapolis- Two conservation groups filed a lawsuit on Tuesday to stop the state from opening its first wolf hunting and trapping this fall, on the grounds that the DNR failed to provide adequate opportunity for public review.

Minnesota's wolves were delisted in January

The lawsuit, filed by Howling for Wolves and the Center for Biological Diversity with the Minnesota Court of Appeals, seeks a preliminary injunction blocking the hunt's planned Nov 3rd opening, until a formal ruling can be made on the group's complaints.

The wolf hunt was approved by the Minnesota Legislature in its most recent session, shortly after the Minnesota, Wisconsin, and Michigan wolf populations were removed from the federal endangered species list in January.

According to the management plan as it was written in 2001, no hunting would be done for five years following delisting. This restriction, however, was waived in a rider attached to a budget bill passed by the state legislature shortly after the delisting of the wolves.

Six thousand licenses will be issued for the hunt, according to DNR plans, though the hunt will be closed once the quota of 400 animals have been killed. Over 23,000 people have applied for a permit, with applications from 33 states, though the majority have been from Minnesota.

The Center for Biological Diversity and Howling for Wolves argue that the 30-day online survey by DNR this summer did not give the public a fair chance to try to shape the regulations, in part because many rural residents lack reliable internet access.  The complaint by the groups claims that while the expedited emergency review process the DNR used is legal for some situations, it is not appropriate for the wolf hunt decision.

"There's nothing in the Minnesota law that says an online survey can substitute for formal notice and comment on rulemaking by the agency," said Collette Adkins Giese, an attorney for the center. “Especially considering the tremendous controversy around hunting and trapping of Minnesota’s wolves, state officials should have followed the law carefully to make sure they fully understood how the public felt about their decision.”

Of the 7,351 people who did respond to the online survey offered by the DNR, over 75 percent opposed the wolf hunt, with only 1,542 responses in support.

The groups say that the DNR could have waited until fall 2013 or later to open a wolf hunt, so that the public would have more time to weigh in. They further argue that the hunt would deprive citizens the opportunity to see and hear the wolves, and would disrupt ecosystems by reducing the presence of top predators. They say that their members are distressed by the thought of wolves being killed or injured, and by the possibility that they might witness dead or suffering wolves.

The DNR has not yet had time to review the lawsuit, said DNR spokesperson Chris Niskanen. The agency has no official comment yet.

Expansion of wolf range

The Minnesota wolf population received no protections until 1973, when it was placed on the federal endangered species list. By that point, a few hundred individuals in the northern forests were the only remnant of the species in the lower forty-eight states, all of which were once inhabited by the wolf.

After the wolf was given protections, the hunting and trapping of wolves was banned, with the exception of operations to to remove wolves which were believed to be killing livestock.

Under federal protection, the Minnesota wolf population expanded, filling a large part of the state's northern conifer forests. Minnesota currently has the largest wolf population of the lower 48 states, at an estimated 3,000 animals.

The wolf was delisted in 2011, after the DNR petitioned the federal government in 2010 to hand over responsibility for the wolves. The change of management was further supported by petitions by the US Sportsmen's Alliance, Safari Club International, the National Rifle Association.

The two management zones

The DNR's population plan calls for the state to maintain a winter population of no fewer than 1,600 wolves, and mandates corrective action if the population falls below this. The plan splits the state into two management zones- the norther-eastern third, dominated by coniferous forests, is the wolf's core range, and they enjoy stricter protection in this area. In the rest of the state, dominated by deciduous forests, prairies, and urban landscapes, the wolves are granted less extensive protection.

“The DNR recognizes there is a wide range of opinions toward wolf hunting and trapping, but all Minnesotans should know the DNR’s primary wolf management goal is to ensure the long-term survival of the wolf. The DNR’s conservative approach to this first season is based on sound conservation science and principles.” said DNR Commissioner Tom Landwehr.

Wolf advocates remain unconvinced. “Wolves already die at high rates from many causes, including human intolerance and persecution,” said Howling for Wolves president and founder Maureen Hacket, “Minnesotans benefit economically, culturally and ecologically by having wolves in the wild. As a state, we have so much to gain by keeping wolves undisturbed.”


Image Sources: Center for Biological Diversity, MPR, Wolves of the World

Update: October 3- The state has officially requested that the court not block the hunt, saying that the case lacks legal merit.

Boundary Waters Land Swap Passes U.S. House

Though wildfires continue in the north woods, it is legislation, not flames, that may most extensively remake the landscape of northern Minnesota this year.

A moose surfaces in the Superior National Forest

The U.S. House passed a bill on Wednesday to trade 86,000 acres of state-owned land in the Boundary Waters Canoe Area Wilderness to the federal government, in exchange for an equivalent value of federal land outside of the BWCAW. The deal, which involves some $100 million of real estate, would open land currently under federal protection to economic uses as part of the state's school trust fund. Much of that land is in the southern portion of the Superior National Forest.

When the 1.1 million acre BWCAW was formed in 1978, a patch of land belonging to the state education trust fund was included in the protected area. This cut it off from extractive industry uses such as mining or logging. With the trade, however, the federal government would officially take the patch, while handing over a part of the nearby federal lands to the state for use in the trust fund. Forests held by the school trust fund fund, which at around $27 per student per year generates less than one percent of the state's education budget, are traditionally managed intensively for revenue.

"They can choose to sell the land, they can choose to mine the land, they can choose to lease the land," said Rep. Chip Cravaak, R-North Branch, the bill's sponsor. "Whatever they choose to do will be up to the state and how they want to create revenue. But one thing is for certain, it must create revenue."

BWCAW and Superior National Forest

The vote was 225-189, split primarily along party lines. Twin Cities Democratic Representatives Keith Ellison (Minneapolis) and Betty McCollum (St. Paul) led the effort in the House against the act. Ellison proposed an amendment which would have forbidden the Forest Service from trading the land if fishing, hunting, or recreational uses were lost, but this amendment was defeated.


The swap is generally supported by northern Minnesota's politicians, mining and timber interests, and the state government. The Minnesota Legislature authorized the deal in April, and Governor Dayton signed the legislation shortly thereafter. Cravaak, whose re-election platform includes bringing more mining jobs to his northern Minnesota district, said the bill was important for boosting the economy and funding education.

"In my school district, there are 40 kids in a classroom. Our school district is down to four days a week," Cravaack said.

Environmental groups, however, oppose the the swap, as do the Fon du Lac band of Ojibwe. Opponents say that the bill is an effort to hand over greater land to mining and timber with less regulatory oversight. In addition, they have criticized the clause in the bill exempting the traded land from the National Environmental Policy Act, and the loss of protections such as the Weeks Act that would come with moving the land to state hands.

Advocates have concerns over sulfide mining

"The bill threatens to open the door for mining companies to conduct dangerous sulfide mining near the Boundary Waters and inside the Superior National Forest," said Samantha Chadwick of Environment Minnesota.

In addition, concerns have been raised over the effects of logging and mining on the businesses that support and furnish the recreational use of the area. "This bill puts recreation at risk and the industry that supports it," Ellison said, accusing the trade of placing multinational mining firms above local businesses.

A compromise agreement was proposed last winter, negotiated by the Minnesota DNR, environmental groups, and Superior National Forest. Such a compromise would allow 40 percent of the state land in the BWCAW to be traded, and the other 60 percent to be purchased by the federal government. The revenue of the sale could go the School Trust Fund. The compromise was rejected by lawmakers, however, who opted for a full trade. Representative McCollum criticized the legislature's decision, saying that further negotiation between industry, government, residents, and environmental advocates is necessary.


"There is a stakeholders group in Minnesota that is working to determine if the land proposal is fair and transparent," McCollum said. "They're not at the table, folks."

It is not yet clear if the U.S. Senate will address the issue this year, or whether the executive branch will sign such legislation. Minnesota senators Al Franken and Amy Klobuchar, both Democrats, say that they support the trade and are working on a companion bill to Cravaak's.

Image Sources: Wikimedia, Go Wilderness Journey, and Ecowatch

DNR Restricts Water Withdrawal.

It's getting dry in the Land of Ten Thousand Lakes- so dry that the Minnesota DNR is taking measures to restrict water usage.

As water levels in rivers and lakes have declined in the face of the long drought, a number of recreational and industrial facilities have been required to suspend pumping from waterways. Although the facilities hold permits that allow them to extract water, these same permits include clauses requiring that such pumping be cut back if water levels fall too low.

American Crystal Sugar, in Moorhead, is affected by the shortage

"Last week we sent out 16 letters. And there was one in Hubbard County, Blue Earth, one in Martin, several in Polk, to surface water users. And they were told then to stop pumping water as of last Thursday midnight," said Julie Ekman, DNR water regulations unit supervisor.

While most of the cutbacks are for recreational facilities such as golf courses, industrial water users including Southern Minnesota Construction, Minnesota Pipeline Company, and American Crystal Sugar have been affected as well.

Over half of the state is now in drought, with the south and the northwest being hit particularly hard. DNR climatologist Greg Spoden says that a little rain will not be enough.

“This will take multiple, ample autumn rains for us to replenish our soil moisture reserves,” he said.

More water permits are likely to be suspended if the drought does not relent, said Ekman.

Image Source: MPR

Quick Hits: Fire Approaches Blowdown Area, Anoka Wildlife Corridor, Pesticides v Zebra Mussels

Fire Approaches Blowdown Area
The Superior National Forest has expanded a closure area, as the Wooden Leg Fire moves towards the high-risk 1999 blowdown area. The Wooden Leg Fire, which is only a quarter acre in size, has already sparked the closing of Ensign Lake some twenty miles from Ely. The closure has been epanded to several other lakes, in response to the fire's progression towards a tract of land that contains a great amount of highly flammable dead wood, the result of a wind storm over a decade ago.

Nelson's sharp-tailed sparrow

Anoka Wildlife Corridor

John and Barb Anderson, fourth-generation Anoka landowners, have joined with the Minnesota Land Trust to protect valuable wildlife habitat in the urbanized county. The 80 acres of grasses and wetland provide key habitat for species identified by Minnesota's Comprehensive Wildlife Conservation Strategy, including the red-headed woodpecker, smooth green snake, and Nelson's sharp-tailed sparrow. Along with the 92 acre easement made by the family in 2005, over half of the 260 acre farm is preserved for wildlife. Funding for the project was provided by the Minnesota Environment and Natural Resources Trust Fund through their Metro Conservation Corridors program, which seeks to connect the disaparate patches of high-quality habitat throughout the metro, creating more resilient wildlife communities.

Pesticides v Zebra Mussels
The experimental use of pesticides to control zebra mussels may be working in one northern Minnesota lake, according to the DNR. The agency applied the treatment to Rose Lake in Otter Tail County last autumn when a small population of the invasive species was found in the lake. No zebra mussels have been found in the water samples from Rose Lake this summer, says DNR Invasive Species Specialist Nathan Olson. He urges caution, however. "From my experience with zebra mussels, they seem to have a really big increase in about two years,once they're found in a lake," Olson said. "If I don't see any zebra mussels for about two years, then I'm going to be more excited about our success rate."

Image Source: Phil Jeffrey

Boundary Waters Ablaze

There's smoke on the water up north, as dry conditions fuel fire in the Boundary Water Canoe Area.


Crews battled the fire through the day Monday

The blaze, called the Cummings Lake Fire, started at a camp site between Cummings and Otter Lake on Sunday afternoon, some twelve miles from Ely. It spread rapidly, scorching over 30 acres of pine and spruce forest by Monday afternoon. A team of fourteen firefighters and a helicopter fought through the day to contain the blaze. A control line was completed Monday on the eastern flank of the fire, while aerial suppression held the west until ground crews were able to build another control line there. Crews are working to contain the head of the fire on its northern flank.

The response was immediate, as the Forest Service, already stretched by fires in the western states, fears the blaze may spread out of control given the extremely dry conditions of the wilderness following this long, arid summer.



The fire has burned over 30 acres



Thirteen months of drought conditions in the north woods have produced challenging conditions, with fires spreading quickly through green and cured grasses. Even the peat and organic soils are igniting rapidly and burning deep into the ground, said the DNR.

The number of campers in the area is unknown. According to Superior National Forest official Becca Manlove, no structures are immediately threatened by the blaze.



Last year, the BWCA was hit by the Pagami Creek fire, which burned 145 square miles of the north woods after growing out of control. The Forest Service had initial allowed it to burn, believing that the wet conditions at the time would keep it under control as a natural fire. Such natural fires are a normal part of the north woods ecosystem, and help to prevent greater fires by using up fuel and temporarily depleting areas of trees. Sixty to seventy fires affect the Superior National Forest annually. However, the Pagami Creek fire exceeded expectations, becoming Minnesota's largest fire in 93 years.



A view from Cummings Lake



A second, smaller fire has been spotted in Quetico Provincial Park, across the border in Ontario. It has burned some 20 acres and is moving north, away from the Boundary Waters. Another small fire was put out near Duluth.

While the Boundary Waters remain open, officials do not recommend camping near the fire area.

Image Source: KSTP and The Star Tribune

Quick Hits: Green Unionism, Solar Panels, and Malaria Cure

Green Unionism
Today is Labor Day, and any environmental blog would be in deriliction of duty if it did not take the occasion to examine the relationship of the Earth to those who work it. One compelling labor-environmental concept is Green Unionism, a form of community unionism that seeks to link the demands of labor with the environmental concerns of their communities, seeking industrial practices that avoid harm to the planet and environmental policies that avoid harm to the working class. In this way, workers demand not only better conditions on the job, but better conditions in their community, and work in the green movement towards environmental justice. As I wrote for the IWW:

"The needs of the people of Appalachia do not factor into the mining company’s decisions, nor do the needs of the people of Manchuria factor into the decisions of the manufacturing bosses or the State’s party bosses- so the absentee bosses can shift the ecological burden to the working classes, and ignore the costs of production, making a false efficiency from willfully blind industrialism. To the people who live and work in Appalachia or Manchuria, however, the pollution of their air and water, the loss of habitat and wildlife, the losses to public health, are all pressing concerns."

Solar Panels
IBM has developed a new model of high-efficiency thin-film solar panels made with abundant metals. The CZTS panels, made of copper, zinc, and tin, are able to achieve conversion rates of 11.1 percent, a new record in CZTS panel efficiency. The most common thin-film solar panels, CIGS, require 'hitchhiker metals'- indium, gallium, and selenium- that are in limited supply because they are only produced as a byproduct of other mining operations. The CZTS cells, relying on more abundant material, can benefit from mass production and economies of scale more easily. In addition, the metal itself is cheaper, and the production technique itself is simpler than the etching required for silicon cells. With these advantages and further projected increases in efficiency, CZTS cells may pave the way to cheaper solar energy in the future.

Malaria Cure
Researchers in South Africa have found a cure to malaria, in the form of a single pill. While malaria parasites have developed resistance to current multi-drug treatments, this new drug kills the parasite instantly. Says researcher Kelly Chibale, "This is the first ever clinical molecule that’s been discovered out of Africa, by Africans, from a modern pharmaceutical industry drug discovery programme." The World Health Organization estimates that malaria, caused 708,000 - 1,003,000 deaths in 2008. The disease is responsible for 24 percent of child mortality in sub-Saharan Africa.

Cell Phone Tower To Be Built Near Boundary Waters

The sunrise over the Boundary Waters will soon have a companion on the horizon- the blinking light of a cell phone tower. Construction of the tower was effectively approved in August as the Minnesota Supreme Court refused to hear an appeal by environmental advocates to block its construction, ending a long legal struggle over the wilderness area's skyline.
 

A sunrise on Pipestone Bay

A tower over the wilderness

The tower site lies on a high ridge in Ely, just outside the Boundary Waters Canoe Area Wilderness. From atop the ridge, the top of the tower will reach 600 feet above the waters of Pipestone Bay, making it visible from ten nearby lakes. Because of federal aviation rules, such a tall tower requires blinking lights attached, to warn planes.
 
The BWCAW, established in 1964, covers over a million acres and contains more than 1,000 lakes, with hundreds of miles of streams and rivers. It lies in the heart of the Superior National Forest, on the border with Canada. It is the most heavily visited wilderness area in the country, attracting visitors with what the Minnesota legislature calls its “surpassing scenic beauty and solitude, free from substantially all commercial activities and artificial development.”
 
AT&T officials say that the tower is vital for public safety, improving emergency phone service for campers and canoers in the wilderness, as well as to under-served local residents. They say that a tall tower on the ridge is necessary for the needed coverage given the hilly topography of the region. In addition, court findings state that the ten lakes from which the tower would be visible constitute less than one percent of the BWCAW’s 1,175 lakes.

"We believe the limited impact of the tower is greatly outweighed by the benefits -- including health and safety benefits -- of the improved service it will provide residents and visitors," AT&T spokesman Marty Richter said.
 
Opponents such as Friends of the Boundary Waters counter that the tower will spoil the scenic value of the Boundary Waters, and that a shorter tower could provide adequate services while preserving the area's skyline.

"We understand the need and would like the tower builders to examine alternative methods to providing service without affecting the BWCAW.", said the environmental organization.

According to District Court findings a pair of unlit 199 foot tall towers could provide more coverage than a single, lit, 450 foot tower, and the increased coverage between a single short tower.
 
Analysis by AT&T, cited in the findings, found that while the taller tower could be profitable within 38 months, the shorter one would take 63 months to cover costs- three months longer than the company's guidelines for the project.

A long legal battle

Certain campers enjoy cell phone coverage

The Lake County Board approved the tower in February 2010, in hopes of improving the wilderness's cell phone coverage. The decision of the County Board was made without analysis to the view impacts, and on the basis of statements by AT&T-later found to be false- that the taller tower would deliver 16 times the coverage.
 
In June of 2010, Friends of the Boundary Waters filed a lawsuit, heard by Hennepin County District Judge Philip Bush, who ruled on the side of the activists, limiting the tower's height to 199 feet and forbidding it from bearing lights. The rationale for that ruling was that a taller tower would violate the Minnesota Environmental Rights Act, which allows citizens to sue for legal action to protect natural resources, including scenic areas. Judge Bush ruled that the area's scenic value would be deteriorated and that a taller tower would pose a risk to birds.

That decision was overturned, however, in June of 2012, when the Minnesota Court of Appeals ruled in favor of AT&T. While the appeals court did not dispute any of the facts of the the District Court decision, it did reframe them. Citing precedent from Schaller v. Blue Earth County the court judged the case based on five factors:

"(1) The quality and severity of any adverse effects of the proposed action on the natural resources affected; (2) Whether the natural resources affected are rare, unique, endangered, or have historical significance; (3) Whether the proposed action will have long-term adverse effects on natural resources, including whether the affected resources are easily replaceable (for example, by replanting trees or restocking fish); (4) Whether the proposed action will have significant consequential effects on other natural resources (for example, whether wildlife will be lost if its habitat is impaired or destroyed); and (5) Whether the affected natural resources are significantly increasing or decreasing in number, considering the direct and consequential impact of the proposed action."
 
With these criteria, the appeals court faulted the district court for not addressing the first criteria. It further found fault with the district court's conclusions on the third, fourth, and fifth factors. On the third, regarding permanence, the court noted that removing the tower would remove the damage to the view, and thus the damage was not permanent. Regarding the fourth, effects on wildlife, the court concluded that the number and species of the birds that would be killed by the tower was unknown. Finally, regarding the fifth, the court said that scenic Boundary Water views “are limited and finite resources” that “are not increasing and unless protected they will decrease over time,” but faulted the district court for failing to weight whether this was "significant".


The Boundary Waters contains over 1,000 lakes


The appeals court ruled that while the second factor, the rareness of the resources affected, was compelling, it alone was not enough to bar the tower's construction, and the 450 foot tower's impacts were therefore insufficient to have "a materially adverse effect on the environment". 
 
Commenting on the decision, environmental advocate and former Friends of the Boundary Waters director Ron Meador said, "By narrowing its review to this single aspect, the appeals court spared itself the trouble of considering such pesky questions as whether one or two shorter towers wouldn’t serve AT&T and its customers just as well as a 450-footer, without any impact on the BWCA."
 
Although Friends of the Boundary Waters appealed the case to the Minnesota Supreme Court, their request for a hearing was denied, allowing the June 2012 decision to stand.

"We're glad the matter is resolved," said Alex Carey, head of corporate communications for AT&T in Minnesota. "We have believed all along that the larger tower will provide an overall improvements for the residents and visitors of the Boundary Waters."

Friends of the Boundary Waters director Paul Danicic disagrees. "The Supreme Court's decision not to review this case is a disappointment and loss for all of Minnesota's protected natural resources," he said. "This tower is contrary to Minnesota's values of environmental stewardship."

The environmental organization says that they are examining options for next steps.

Image Sources: Capture Minnesota, 123RF, and Quiet Journey,

Quick Hits: Polluters, Plants That Changed MN, California Cap and Trade



Bushmills Ethanol, Inc paid $800,000 for water quality violations

Polluters



Seven of Minnesota's 72 businesses and individuals who received Pollution Control Agency citations in the first half of 2012 have been profiled by the Star Tribune. These top seven violator, each of whom paid over $10,000 in fines, include air-polluting mines and manufacturers, colleges that improperly disposed of pharmaceutical wastes, and a man who burned down farm buildings containing asbestos, among others.

Plants That Changed Minnesota

A series of lectures on 'The Ten Plants That Changed Minnesota' will be held through mid September to mid November at the Minnesota Landscape Arboretum (at the University of Minnesota). Expert speakers will discuss plants such as the white pine, wild rice, American elm, and maize. Admission to all lectures is $65 for members and $77 for non-members.

California Cap and Trade
California is set to implement a new carbon cap and trade system this November, as part of the state's plan to cut emissions 80 percent by 2050. Unlike carbon emissions trading systems in place in the northeast through the Regional Greenhouse Gas Initiative, which covers only power plants, the California carbon market will extend to all sectors of the state's economy, including everything from paper mills to universities in the climate struggle. The plan includes measures to use revenues to help industries adopt cleaner technologies. Once the plan is implemented, California will be the second largest carbon market on Earth.