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Our Daily Planet: Judge Tosses Climate Suit, US Aquaculture Push, and Sea Stars Rebound
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By: Monica Medina and Miro Korenha

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Wednesday, June 27th, 2018

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 Climate Change

CA Federal Judge Tosses Out Climate Change Lawsuits

Dealing a blow to climate litigation brought by cities around the country, a Federal District Court Judge in San Francisco, William Alsup, dismissed a case brought by the cities of San Francisco and Oakland against the major oil companies alleging that they knew for years the risks posed by gasoline to the cities caused by global warming.  The Judge had held a day-long hearing last spring in which both sides brought in expert scientists to get a tutorial on the science of climate change.  But in the end, the Judge determined that "[t]he problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case.” 

Judge Alsop seemed to back the plaintiffs on the facts of climate change -- he acknowledged the consensus on the science of global warming and the great risks to the planet.  Indeed, the oil companies did not dispute that it is harmful. But in his ruling, Judge Alsup said the issues are more appropriate to be addressed by the other branches of government. “The court will stay its hand in favor of solutions by the legislative and executive branches,” he wrote in his 16-page opinionUltimately, the Judge asked the key question in the case -- wondering whether it would be fair to blame only the oil and gas companies and thereby to "ignore our own responsibility in the use of fossil fuels and place the blame for global warming on those who supplied what we demanded."

Why This Matters:  Several other cities have brought similar lawsuits in other federal courts.  This decision could spell their doom.  However, a judge in one of the other cases involving San Mateo and Marin Counties and the City of Imperial Beach in California pushed them to state court. That litigation is still pending.  The state court could come to a different conclusion.  

To Go Deeper Into the Law:  You can read the full opinion here.  
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 Energy

Photo: Golden Gate Zero Emission Marine
Ferry Clean Transportation

The nation's first hydrogen fuel cell ferry will be built in the Bay Area, a zero-emission technology with its only emissions being water according to the SF Chronicle. Joseph Pratt is the co-founder of  Golden Gate Zero Emission Marine a startup that is developing a prototype ferry powered by fuel cells, the same technology inside the Honda Clarity sedan and the Toyota Mirai. The 70-foot aluminum catamaran to be named Water-Go-Round, designed by the Australian-based Incat Crowther company, will have a top speed of 22, carry 84 passengers and should hit the waters of San Francisco Bay in autumn 2019. Red and White Fleet will operate the ferry, while Sandia National Labs will study its performance.

The ferry's creators hope that once the initial 3-month trial is over Water-Go-Round can find a happy home in the Bay Area, where it can serve as an educational resource for school groups and the public to learn about hydrogen fuel-cell technology.

Why This Matters: When Water-Go-Round is built, it will be America's first passenger ferry powered entirely from hydrogen fuel cells and since diesel emissions from ships account for 10 percent of the Bay Area’s air pollution from mobile sources it will help create healthier air if widely adopted. If the demo project is successful it could open a wide range of applications for hydrogen fuel-cell technology in the maritime industry which is still largely dependent on fossil fuels. Before we get too excited, Grist pointed out that marine fuel cells are still relatively expensive, and shipbuilders and maritime officials in many places may be less familiar with hydrogen than, say, batteries. Still, this project could drive more interest in this technology which is definitely good news!

Go Deeper: Do you have ideas for technology that could help coastal communities adapt to and mitigate climate change? Submit a solution to MIT Solve's Global Challenge. Watch this video to learn more! 
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 People

Pennsylvania Fracking Takes Toll on Communities of Color

report released last week by Food and Water Watch, a DC NGO, revealed that construction of new natural gas-fired power plants in Pennsylvania is disproportionately harming lower-income populations in rural parts of the state. The state's shale gas boom has put disadvantaged communities in the direct path of the harmful industrial processes that turn gas into energy. As Think Progress reported, people of color comprise 30 percent or more of the population in nearly 25 percent of Pennsylvania census tracts but make up nearly half of the census tracts within a three-mile footprint of an existing fossil fuel power plant. 

Despite claims by industry execs and lawmakers that more power plants will bring more prosperity to Pennsylvania, this has not been the case. In rural areas, natural gas development has turned areas of Pennsylvania into “energy sacrifice zones” where companies reap big financial benefits from the natural gas extraction but the community bears the environmental burden, according to the report.

Why This Matters: Lawmakers have failed to involve the affected communities in the decision-making process of siting and permitting new power plants Food & Water Watch claims. More significantly, the report also found that Pennsylvania has the potential to generate enough power from solar, wind, and geothermal energy to replace its fossil fuel-powered plants but has yet to make a significant commitment to renewables. However, this past April a coalition of nearly 150 groups urged the PA House and Senate to consider bills that have been introduced setting a transition to 100% renewable energy as a goal for environmental, economic, and public health reasons and gained bipartisan support. 
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 Oceans

Aquaculture in America 

Yesterday, U.S. Senator Roger Wicker, (R-MA) introduced the “Advancing the Quality and Understanding of American Aquaculture (AQUAA) Act.” The legislation would streamline the permitting process for aquaculture farms in federal waters, and fund research and development to advance the aquaculture industry. Supported by the industry group Stronger America Through Seafood, the bill would establish an Office of Marine Aquaculture within the National Oceanic and Atmospheric Administration (NOAA), which would be charged with coordinating the federal permitting process.

Aquaculture is the fastest growing segment of the animal production industry and many nations are looking to it to help meet the food demands of a growing population especially as wild fish stocks have been depleted. If done sustainably this could indeed be a source of food and jobs for America and would limit the need to import 80 percent of our seafood often from countries that have very lax environmental standards. However, if aquaculture is to be taken up domestically on a larger scale, environmental health and safety would have to be a central priority. According to the Monterey Bay Aquarium, when net pens containing finfish are located near the migration routes of wild fish populations, there is the potential for on-farm diseases to be transmitted to passing wild fish. Pesticides and antibiotics used to control diseases and parasites can also be discharged into the environment, impacting local species. Likewise, bivalve culture can be an avenue for introducing invasive species—and their diseases—to a new area, along with smaller hitchhiking critters such as oyster drills, limpets, and algae.

Why This Matters: Aquaculture could definitely be a good thing to help provide healthy protein to Americans but lawmakers must prioritize protecting our oceans and waterways to avoid pitfalls like the ones happening in British Columbia and the health issues related to antibiotic use in Chile.  

To Go Deeper: This Yale 360 article from last January is an excellent summary of the issues surrounding current U.S. policy on aquaculture.  
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 Food

JUST Recreates the Egg

JUST is a five-year-old food company based in San Francisco that is working to rebuild the food system in the U.S. and globally from the ground up in order to provide more sustainable and healthy options for consumers.  Yesterday, in Washington, D.C. at Chef Todd Grey's Equinox Restaurant the company premiered their latest product, an egg made from the mung bean, called Just Egg.  JUST cofounder and CEO Josh Tetrick said, “[w]e’re thrilled to bring consumers healthier, more sustainable products and offer restaurants and retailers new ways to expand the egg category.”  Best of all, Just Egg is free of antibiotics and cholesterol and full of protein so it is actually good for you. It also requires less water to grow and fewer carbon emissions than a conventional egg. “It’s not every day you see something that blows your mind,” said Chef and Friend of the Planet, José Andrés

There are over 300,000 plants on the planet and JUST is on a mission to test as many as they can to come up with new, more sustainable and healthy food products that taste good too. They built an automated discovery platform to explore them faster and look even closer, and now are making food for small towns and big cities in the U.S. and in Africa, where micronutrient deficiency is prevalent.  Their first product was a mayonnaise made out of yellow split pea from Canada.  But they quickly branched out to others like dressings and custards and even (my favorite) egg-less raw cookie dough. And they keep track of their positive impact on the planet -- in terms of gallons of fresh water saved and reduction of carbon pollution.  

Why This Matters:  If you read our stories from the last few weeks about the horrible pollution that comes from many chicken farms and other CAFOs then you know why lower impact alternatives like this are so important.  This is an excellent substitute, with all the same nutritional value as an egg and it is much more sustainable.  Plus, this company is working in Liberia to improve scalable food options of high nutritional value there.  Food security and health are two of the most important issues facing our ever-expanding population -- especially in the face of climate change.  We need to revolutionize the way we grow and deliver food if we are going to feed everyone a healthy diet of sustainable foods.  I (Monica) tasted the products and can honestly say they are delicious.  They were "eggceptional!"  

To Go Yummier:  Try the recipes on JUST's website.  

What You Can Do:  If you want to request that your retailer carry JUST products, click here.  
JUST Egg Visits The Farm. 
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 Animals   

Sea Stars Come in Several Bright Colors.  Photo: Oregon Coast Aquarium
Ochre Sea Stars Making a Dramatic Comeback

These beautiful marine animals -- which are a key predator species along the Pacific coast of the U.S. -- have seen a population resurgence in the last five years after a mysterious "melting" disease almost killed them all off.  According to a study just out in the journal of the Proceedings of the National Academy of Sciences (PNAS), the stars that were able to survive quickly developed a genetic resistance to the disease that wiped out nearly 80% of the population.  The study revealed that the number of ochre sea stars expanded 74-fold in the last five years, according to the San Francisco ChronicleScientists feared the worst in 2014, when the mysterious disease nearly wiped out the local population in Oregon.  Dr. Bruce Menge of Oregon State University explained that if ochre sea stars had gone extinct, it would have harmed the "whole diversity of life in the intertidal zone" of the coast of Oregon.  Thank goodness for the resilience of nature.  It makes us want to do the happy dance!  
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