SPRING 2009 IN THIS ISSUE 4 Enter CLF’s First-Ever Great Green Giveaway! 5 The Charles Cabot Society 6 CLF’s Cynthia Giles Nominated for EPA Position 7 We’ve Got the Green Light 8 Resolving MA’s Transportation Turmoil

What’s Next For CLF?

T h e J o u r n a l o f t h e C o n s e rvat i o n L aw Fo u n d at i o n

w w w. c l f . o r g

p 2 S ≈ C o n s e r v a t i o n M a t t e r s

When John Kassel relocates this summer to Massachusetts from Vermont – his home for the past 30 years – he’ll be embarking on a new journey as a leader for New England’s environment. Kassel, an attorney and long-time environmentalist, is the Conservation

Law Foundation’s new president.As you may recall, in the Winter 2009

edition of Conservation Matters, Former President Phil Warburg shared his parting words before leaving the organization to pursue independent writing. The nation-wide search to find an apt successor was completed this past April and Kassel began a transition process to CLF in early May.

He will officially take the helm at CLF’s Massachusetts Advocacy Center in Boston this July.

Kassel brings with him over 20 years of le-gal experience and a track record that aligns squarely with CLF’s vision of merging legal advocacy with innovative, sustainable ven-tures. He comes to CLF from Shems Dunkiel Kassel & Saunders a Burlington, VT law firm, where he specialized in counseling busi-nesses and non-profits on environmental, governance and business issues, in particular the creation and permitting of renewable energy projects like wind and solar.

“We’re thrilled to welcome John to CLF,” said Bill Coleman, Interim President of CLF. “His experience with community and envi-ronmental advocacy, together with his strong belief in the need for a blend of legal advo-cacy with market-harnessing ventures makes him the perfect choice. His dynamic, steady leadership will strengthen CLF’s ability to in-novate and evolve in New England’s rapidly changing environmental landscape.”

Kassel brings impressive leadership credentials and broad experience to CLF. He served as Secretary of the Vermont Agency of Natural Resources, a Cabinet-level position in Gov. Howard Dean’s ad-ministration, where he managed a staff of 600 and directed environmental policy on issues ranging growth and development to wildlife management to environmental enforcement. Since that time he has led the permitting effort for several commercial

windfarms in Vermont. Earlier in his career he prosecuted felonies and misdemeanors and litigated commercial disputes. He was a law clerk to the Hon. Joseph L. Tauro, United States District Judge, in Boston. And, a proven fundraiser, John has co-chaired several successful fundraising campaigns while serving on the Board of the Com-munity Health Center of Burlington, a non-profit institution for medically underserved residents, and on the boards of other non-profit institutions.

Originally from Middletown, New York, Kassel is a graduate of Middlebury College and received his law degree from Cornell. He and his wife Julie Campoli, who will be a Loeb Fellow at the Harvard Graduate School of Design in the coming academic year, will relocate to the Boston area this summer. They enjoy hiking, backcountry skiing, kayaking and general adventuring throughout New England, as well as domes-tic pleasures like gardening and caring for their landscape at home in Vermont. They have three college-age children.

The presidential search committee con-ducted a rigorous review process of each potential candidate in order to find the best fit for CLF. The position demands a leader with the direction and innovation to further CLF’s unique brand of legal advocacy and elevate its capacity for producing environ-

CLF Welcomes President John Kassel

“[John’s] dynamic, steady leadership will strengthen CLF’s ability to innovate and evolve in New England’s rapidly changing environmental landscape.”

To all friends of CLF,it is a great pleasure and honor to be joining the talented and dedicated people of CLF in their indispensible work on behalf of our region and our planet. I am excited to take the helm of this dynamic organization.

We have the tools and the talent to help cre-ate the New England that we want: a region with a thriving natural environment, vital and healthy communities, and a robust and sustainable economy that enables all of this to happen. Moreover, we — in our compact, cohesive, and forward-thinking corner of the Earth — can show the country and the world how it’s done. The chance to do that is a great thrill and privilege.

I look forward to many opportunities to share my excitement and CLF’s achievements with you in the years to come, in these pages, on our website, and in person. I also want to hear from you. Feel free to e-mail me at jkassel@clf.org.

Finally, I want to recognize the crucial work and heartfelt commitment of my predecessor, Phil Warburg. Phil helped CLF create the pro-grammatic base on which our future success will be built. In addition, Bill Coleman, CEO of CLF Ventures, has steered CLF as Interim President with more than a steady hand, dur-ing difficult times. I thank them both.

You should know that they, along with the entire CLF staff and the members of the CLF boards, have worked hard to make this leader-ship transition as successful as possible. With your continued support and engagement, we will not miss a beat, and will continue to do work that will make you proud of us.

Warm regards,

John

mental protections that serve as national – and global – models. After five years of instrumental guidance from Phil Warburg, John is a worthy new leader, one who is already familiar with CLF’s core mission. A former CLF Vermont Advisory Board mem-ber, John understands CLF’s objective of balancing environmental law and advocacy with innovative, sustainable ventures that improve the quality of our region’s treasured natural areas and our communities.

“CLF will always speak truth to power, when necessary; but just filing lawsuits is not our objective,” Kassel noted in a re-cent interview with Vermont Public Radio. “Our objective is achieving environmental results. Litigation is one tool, advocacy is another, but the more significant tool for the future is creating market-based structures that help people live greener. CLF already does a great deal of this, but we can always do better.”

This is truly an exciting time for CLF, and for the environmental movement. On the national front, the Obama administra-tion has demonstrated a commitment to a new energy future, ushering in the kind

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“CLF has a great story to tell about itself and about its role in producing the region, nation and planet that we want to see. We need to articulate and spread that story.”

John Kassel and family. From left to right: Julie, Clara, Thomas, Simon and John.

of environmental solutions CLF has been a long-time advocate for, like expanding renewable energy ventures and implement-ing carbon control programs.

It’s also a challenging time; CLF, like many other organizations, continues to weather an unprecedented economic downturn. But its mission to protect New England’s environment is all the more clear, and with a new leader, CLF stands poised to seize new opportunities for our regional, national and global environment.

“In my opinion, there is no better time to be an environmentalist than now,” John noted in an introductory message to CLF’s staff and boards. “The environmental move-ment is evolving from a legacy of pure advocacy and conservation to what I feel is a more creative blend of both of these important activities and also market-based ventures that produce environmental re-sults and sustain themselves financially. CLF has led this evolution and is well-positioned to continue to lead it. This is one reason why there is also no better time to be part of CLF than now.

CLF has a great story to tell about itself and about its role in producing the region, nation and planet that we want to see. We need to articulate and spread that story. This will be my primary focus, especially in the near term. I am convinced that if we do it well, we will position CLF to thrive.”

Visit CLF online to learn more and hear an interview with CLF President John Kassel.www.clf.org

CLF’s CLean Water HeaLtHy Forest Program Honored

EPA New England has honored the Long Creek Restoration Project Team – of which CLF is a partner – for its outstanding contributions on behalf of Maine’s Long Creek, an urban stream in the Greater Portland area. The partnership – comprising representatives from local municipalities, industrial, commercial and non-profit landowners, CLF and other non-profit organizations, developed a comprehensive management plan to restore the health of the vital stream.

Long Creek currently fails to meet state water quality standards due to high density urbanized development over the past several decades, converting the landscape from forests and farm fields into commercial, light industrial, retail and transportation uses. The health of Long Creek is also important to the health of downstream water bodies that ultimately lead to the Casco Bay estuary. The restoration plan includes three tiers of best management practices, as well as strategies to restore in-stream habitats, and areas with degraded floodplains. The collaborative nature of this project and the development of its innovative Watershed Management Plan serve as a model for other rapidly developing urban communities across Maine, New England, and the rest of the nation.

This is the second time in three months that CLF has been recognized for its regional clean water work. Last February, CLF was awarded the Clean Water Network’s Aqua Award for precedent-setting work on Residual Designation Authority under the Clean Water Act. This award is the clean water community’s highest accolade recognizing excellence and innovation.

Congratulations to CLF’s Clean Water & Healthy Forests Team!

Describe your favorite green living tip. 1. Be creative and descriptive!

Take a picture of you, your family or your friends 2. “being green.”

Send the tip and digital photo to CLF 3. by e-mail at contest@clf.org.

Or, for those wishing to send hard-copy photos and messages, please mail them to:

Conservation Law Foundationc/o Caitlin Inglehart62 Summer St. Boston, MA 02110

For over 40 years, CLF has been an advocate for the region’s most treasured natural areas. In our first-ever Great Green Giveaway Contest, we want to know, “What have you done for the environment lately?”

Tell us! How green is your family? How eco-conscious are you and your friends? Enter the Great Green Giveaway and win fabulous prizes for you and your nears and dears.

Tell us about your favorite eco-friendly, earth-saving tip. Maybe you maintain

a garden, bike to work, or keep your thermostat low in the winter. Whatever you do, write a brief description and take a picture of your family, household, or friends being green.

The best, most creative ideas and accompanying photos will be displayed as finalists on our Web site. Winners will be selected from the finalists through a public vote from the CLF community. The winning entrants will receive exciting prizes courtesy of our generous sponsors.

Visit www.clf.org for more information about the Great Green Giveaway!

The Great Green Giveaway is a fantastic opportunity to talk with your family and friends about the

importance of sustainable lifestyles and green living — and win fun prizes in the process!

Don’t delay — the mIDnIGhT, may 31 deadline is fast approaching.

In addition to having your winning entry profiled on CLF’s Web site, you have the chance to win any three special prizes:

Family/Friend Photo Session by renowned photographer Dominic Costa of Dom miguel Photography (Valued at $1,800!)

Have a fun photoshoot with your household in a place of your choosing — and receive a framed canvas wall portrait from the shoot.

Patagonia Family Fun Pack Valued at $395

a selection of top-of-the-line men’s and women’s outdoor gear:

Men’s Black Synchilla Snap-•Zip Jacket. Size small.

Women’s Black Micro •D-Lux Pullover.

Black Crosstown backpack•

Grey Lightwire 25 Backpack•

$50 gift certificate to CLF’s Energy Federation Incorporated eStore!

The Charles Cabot Society: Gifts That Work For You and CLF

Help secure our long-term advocacy and provide lifetime income for yourself!

Charitable Gift Annuities create opportunities for both you and CLF. By making a gift that is not as large as is necessary for other life income gifts, you can establish a gift annuity with CLF and generate a guaranteed, fixed income for yourself and others.

In addition, you receive a charitable income tax deduction when you create a gift annuity, based on the fair market value of the assets you contributed minus the present value of the life-income interest you retained.

Most importantly, you have the satisfaction of making a significant gift that benefits you now and the Conservation Law Foundation later.

Contact us today for more information on Charitable Gift Annuities, and how you can set up a simple contract to both invest in CLF’s future and provide income for yourself.

Timothy Harwood, Vice President for Development

tharwood@clf.org800-370-0697 ext. 738www.clf.org/donate

CLF Challenge Match Update!

In the last issue of Conservation Matters, we announced our exciting 2009 Challenge Match where new or increased donations will be matched by a group of committed CLF board members. We are thrilled to provide you with an update: As of mid-April, we have raised $78,000 towards our goal of $150,000! If we reach $150,000 in new or increased funds by July 31, 2009, we will earn the board match and raise a combined $300,000. Please join the effort today!

You can:Increase your annual donation. Any increase in your 2009 donation from what you gave in 2008 will be matched 100 percent. For example, if you have $300 last year and $500 this year, the added $200 would be matched.

Add to what you’ve already given. If you’ve already donated to CLF in 2009, consider giv-ing again. Your additional gift will be matched dollar-for-dollar.

Make a new gift. If you haven’t made a gift since 2007, any gift you make now will be con-sidered brand new and will be matched 100 percent!

Recruit new donors. Pass this opportunity along to family and friends who are also concerned about New England’s environment. Now could not be a better time to join CLF!

How will YOU respond to the challenge?

Visit www.clf.org/challengegrant to make your gift today and join the CLF challenge!

Last March, in pivotal news for both CLF and national environmental policy, the Obama administration announced the nomination of CLF Rhode Island Advocacy Center Director Cynthia Giles for a key position within the En-vironmental Protection Agency. Giles has been nominated for the posi-tion of Assistant Administrator of the Office of Enforcement and Compliance Assurance (OECA). The OECA is respon-sible for enforcing the nation’s environ-mental laws.

“Cynthia’s nomination to this key EPA position is great news for the environ-ment, the public health and the rule of law,” said CLF Interim President Bill Coleman. “Her leadership and skills will be greatly missed at CLF, but the same focus, tenacity, and integrity that have been the hallmarks of her career will serve her well as the head of federal environmental enforcement.”

In addition to her four-year tenure at CLF, Giles has an extensive background of 30 years in environmental policy and enforcement. From 2001 to 2005, Cynthia served as head of the Bureau of Resource Protection at the Massachusetts De-partment of Environmental Protection. Cynthia worked for the U.S. EPA Region 3 in a variety of capacities from 1991 to 1997. Her responsibilities included overseeing enforcement of federal laws regulating toxics and protecting air, drinking water and surface water. She also chaired a regional ozone compli-ance initiative, developing strategies for reducing smog-causing emissions from stationary sources.

“Cynthia’s unique mix of hard-edged litigation skill, strategic vision and compassion enabled her to serve

effectively as a guardian of Rhode Island and New England’s communities and environment – and make her the per-fect candidate to play that role on the national stage,” said CLF Vice President Peter Shelley.

Giles has been involved in critical advocacy while at CLF, with a focus on state and regional efforts to combat climate change. She was a key player in getting Rhode Island to join the Re-gional Greenhouse Gas Initiative, a cap and trade program to reduce global warming pollution from power plants, and to adopt California ’s standards for reducing green house gas emissions from cars and trucks. She also pressed for needed reforms of the Coastal Re-sources Management Council, which is responsible for protecting Rhode Island’s coastline and adjacent waters, and worked with a coalition of groups to protect Rhode Island ’s rivers and streams by improving water manage-ment in Rhode Island.

As of CM’s press time, Cynthia had yet to be confirmed for the position by the U.S. Senate Committee.

Cynthia Giles Nominated For Key EPA Position

Around the States

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When it comes to fighting global warming, these are — to use a tired but accurate phrase — the best of times and the worst of times.

They are the worst of times because the increasingly clear and terrifying sci-ence tells us that we have started to pass the point of no return. Human interfer-ence in the climate has reached the point where real harm is occurring and will continue to get worse. Only the willfully blind insist that every major national academy of science and every relevant professional association of scientists is wrong and that humanity is not chang-ing the climate.

The question, according to our best scientists, is how quickly will we slow the increase of, and then reduce, the emissions that are damaging our climate. How much harm are we going to inflict on ourselves, our children, future genera-tions, and the entire natural world?

However, these are the best of times because this monumental challenge is finally the subject of serious debate in Washington. Pronouncements emanate from the White House about the need to enact energy legislation with a major climate component, and the adminis-tration has made clear that it will take action even if Congress will not — with authority recently reaffirmed by the US Supreme Court. Congressional debate of Representatives Edward Markey and

Henry Waxman’s climate bill is heating up with full support of congressional leadership. Each represents major prog-ress toward finally addressing this most fundamental of problems.

Seizing this moment will mean do-ing a number of very difficult things all at the same time. Here are just a few of the most essential.

First, we must realize that deep and rapid change is needed, and commit to corresponding action. At the outset, this must take the form of a cap on greenhouse gas emissions that dictates quick and aggressive reduction of these dangerous emissions. Science tells us we need to reduce our emissions of the greenhouse gases causing global warming at least 80 percent by 2050. If we delay meaningful action and only reduce emissions by 5 percent over the next five years, the curve we will need to travel to meet that goal will require that in 30 years we will need to be reducing emissions by 25 percent every five years. Foisting this daunting challenge onto our children because we won’t make tough choices now would be cowardly and profoundly unfair — we must not do it.

This need for speed contradicts the advice of those who counsel against quick action on the basis that fighting global warming is a marathon not a sprint — advice that ignores the truth that

great marathoners maintain a fast and consistent pace from start to finish.

Second, we need to learn from early models like the Regional Greenhouse Gas Initiative, the landmark program regulating carbon dioxide emissions from fossil-fuel-fired power plants in Northeastern states. These efforts tell us that if we do this right, we can greatly reduce the cost of a program through an increase in efficiency efforts. Reduc-ing electricity, heating, and cooling loads (and bills) in our homes, offices, and buildings, and our consumption of gasoline by making our transportation system more efficient, can be accelerated if we auction, instead of doling out for free, the pollution allowances that are the heart of a cap-and-trade program. Then we must invest the auction proceeds in efficiency efforts.

Efficiency in buildings can be as sim-ple as upgrading heating and cooling systems and installing insulation and new lighting fixtures. Revamping our transportation system will mean invest-ing in transit-friendly urban communities, building new rail systems, and investing in operating funds to pay bus and train drivers and mechanics.

Providing funding for the massive national effort that will be needed to make our society and economy far more efficient and provide green jobs, clean energy, and transportation choices can be a welcome side effect of a program that finally and courageously takes on the fundamental challenge of global warming.

The only question is whether we have the guts, the will, and the intel-ligence to seize the moment and make this vision real.

Seth Kaplan is CLF’s VP for Climate ➤

Advocacy. Visit CLF online to learn more about the steps we’re taking to combat climate change.

Seth Kaplan, CLF’s Vice President for Climate Advocacy, stands with an MBTA bus that uses Compressed Natural Gas, an alternative to gasoline that is more environmentally friendly.

We’ve Got the Green LightBy Seth Kaplan This Op/Ed ran in the Boston Globe on April 27, 2009.

Conservation Law Foundation works to solve the most significant environmental problems that threaten New England. CLF’s advocates use law, economics and science to create innovative strategies to conserve natural resources, protect public health and promote vital communities in our region. Founded in 1966, CLF is a nonprofit, member-supported organization.

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John Kassel, Esq.PresidentMichael B. MoskowChair, Board of TrusteesPaula W. Gold, Esq.Vice Chair, Board of TrusteesJohn M. Teal, Ph.D.Vice Chair, Board of TrusteesEugene H. ClappTreasurer, Board of TrusteesThaleia Tsongas SchlesingerSecretary, Board of Trustees Jon A. Lund, Esq.Chair, Maine BoardJohn B. French, Esq.Chair, Massachusetts BoardMartin L. Gross, Esq.Chair, New Hampshire Board Louise Durfee, Esq.Chair, Rhode Island BoardMaximilian W. Kempner, Esq.Chair, Vermont Board

CLF Maine 47 Portland Street, Suite 4 Portland, ME 04101 Phone 207/210-6439CLF Massachusetts 62 Summer St. Boston, MA 02110-1016 Phone 617/350-0990CLF New Hampshire 27 North Main St. Concord, NH 03301-4930 Phone 603/225-3060CLF Rhode Island 55 Dorrance St. Providence, RI 02903-2221 Phone 401/351-1102CLF Vermont 15 East State St., Suite 4 Montpelier, VT 05602-3010 Phone 802/223-5992

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CLF reLies on your support to protect new england’s natural resources and communities. Give your region a healthier future by becoming a member of CLF.

CLF members understand that threats to the environment are complex, requiring sophisticated, innovative solutions. Join the growing number of people whose support makes a critical difference in preserving new england’s environment.

As a member of CLF, you will receive Conservation Matters, our quarterly journal that explores the region’s most pressing environmental issues; CLF’s monthly e-mail newsletter that keeps you up to date with CLF’s latest news; and invitations to special member events. you also have the opportunity to join CLF’s active and engaged online community by participating in Action Alerts and other vital online campaigns.

to join CLF, please use the enclosed envelope or visit us on the Web at www.clf.org/donate. thank you!

Join CLF Today!

Massachusetts currently faces a tremendous challenge of dealing with the double burden of aging transportation infrastructure and an outmoded approach to transportation financing. The picture is bleak: the state faces a $19 billion budget shortfall over the next 20 years and unsustainable debt burden at the MBTA means that service may be cut even as fares increase. Unless new, bold ideas emerge, there is a very good chance that transportation in the Commonwealth will take a step backward.

CLF has long been at the forefront of alternative transportation policy, seeking ways to achieve public transportation priorities through equitable financing arrangements. In the late 1990s, CLF recognized that mileage-based pay-as-you-drive (PAYD) automo-bile insurance could be an instrumental part of the solution because it links miles driven to the policy premium, creating a strong incentive for consumers to drive less. Environmentalists see PAYD as a way to reduce vehicle miles traveled and the corresponding environmental impacts of those miles; consumer advocates favor PAYD because it can save consum-ers money, as these programs incorporate a variable rating factor (mileage) that individuals can influence through driving behavior; and transportation planners view PAYD as a way to address congestion and reduce the need for building new roads. In sum, CLF saw that establishing statewide PAYD in Massachusetts

could make a big difference for the environment and consumers.

As a result, CLF established the Environmental Insurance Agency (EIA) with the dual mission of offering “green” insurance in Massachusetts while advocating for mileage-based insurance reform in the Commonwealth. While not a strictly mileage-based program, EIA currently markets the only auto insur-ance in Massachusetts that incorporates mileage as a rating factor. EIA began operations over ten years ago. Since then, EIA has expanded into New Hampshire and mileage-based insurance products and pilots can be found across the country. Environmentalists, consumer advocates, insurance companies, regula-tors and planners are all working together to make mileage-based insurance a reality.

Transportation reform in Massachusetts requires money, time and new ideas. Mileage-based auto insurance is no silver bullet, but giving consumers the power to make better decisions for themselves and the Commonwealth is a step in the right direction. And with the current turmoil over transportation reforms, not considering this innovative concept for Massachusetts is a missed opportunity that we cannot afford.

Be a part of the solution – get EIA insurance! Call us at 877-999-9342. Learn more about the Environmental Insurance Agency at www.clfventures.org/eia

MA Transportation Troubles “Pay-As-You-Drive” Insurance Is Part of the Solution

— A message from EIA Director David Thayer