January-February 2010 Newsletter
The Best and Worst of 2009
Being a review of significant events of that year
in matters environmental in Saint Mary’s County
THE WORST of 2009
In no particular ordure:
MOST BRAZEN INSULT TO THE ENVIRONMENT AWARD
Winner: St. Mary’s County Board of Appeals
In two separate decisions the Board of Appeals allowed builders to encroach into the critical areas buffer. The decisions were most appalling because in both cases reasonable alternatives for placement or design were available and compliance would have been relatively painless. A decision in September allowed a Hollywood homebuilder to situate his proposed residence in the critical area buffer, rather than moving it back thirty feet, because the view would be better from the buffer. This decision was so indefensible that the State of Maryland sent a representative from the Critical Areas Commission and a lawyer to the next meeting of the Board. These officials delivered a stern reminder to the Board on their responsibilities to the critical area requirements and that they could only approve variances for compelling reasons. The Board’s response was to compound their sins and show their contempt for the law by granting a Piney Point man the privilege to spread concrete and asphalt into the land at the wetland edge. The Board’s offenses are particularly galling because they made no attempt to justify their actions. (Our sympathies go out to the minority of Board of Appeals members who voted against the granting of these variances .) The State of Maryland is pursuing legal action against the county over these cases and one civil suit has been filed.
MOST GALLING DISPLAY OF PETTINESS AWARD
Winners: County Commissioners
Fail to Protect Endangered Species Out of Spite
This story is so irritating to us we must blurt the story through clenched teeth: Mr. Rocky Rowland has eighty acres in the headwaters of Breton Bay on Macintosh Run. Seven rare, threatened or endangered species inhabit these acres and the run. Rowland wants to preserve the land in natural state. In a deal negotiated over years Rowland will sell the parcel to State DNR for $284,000. State DNR will make the purchase using federal monies collected from hunting fees and permits. DNR will then turn over property to County for future management. Cost to state or county taxpayers for purchase: $0.00. At last minute County Commissioners turned their back on the deal and refuse to put item on agenda. Why? Because they are mad at fellow member Larry Jarboe because he has been publicly lambasting his fellow commissioners over the purchase of the Haydn property earlier in the year and Jarboe has personal ties to the Rowlands , and because the County Commissioners are mad at DNR over some perceived slight of the past. For these petty reasons the Commissioners backed away from a carefully constructed deal that had great benefits for the health of all downstream waters. Thanks to the efforts of local environmental groups, including PRA, and the commitment of Rocky Rowland to preserve this property, it looks like the State DNR will go ahead with the purchase and make other arrangements for its future that don’t include the county. Even if this comes together it will not exonerate the County Commissioners from their shameful behavior.
MOST PAINFUL OMMISSION AWARD
Winner: Senator Cardin
Drops menhaden protection from otherwise strong legislation
Ben, Ben, Ben. Senator Ben Cardin proposed the Chesapeake Clean Water and Ecosystem Restoration Act of 2009. It is a comprehensive and powerful bill and one of the best pieces of environmental legislation in memory. We include it under the Worst Of heading for one small but significant ommission: at some point, for reasons unknown, a provision that would have protected the menhaden population of the Bay from genocide was removed from the bill. The menhaden are harvested with ruthless efficiency by only one company, Omega Protein of Reedville, Virgina. Menhaden are a keystone food species for the larger finfish of the bay, and they filter as effectively as oysters. Their health is as critical to the restoration of the bay as protection of the oyster. PRA has been a long-time champion of the menhaden, thanks to the research and advocacy of PRA Board Member Bill Bartlett. Senator Cardin’s office has yet to respond to PRA’s inquiries on the matter.
MOST PAINFUL OMMISSION AWARD, Second Place
Winner: Enterprise Newspaper
Not Very Enterprising Reportage
It pains us to observe that the county’s newspaper of record has failed to mention, much less research, the most important environmental stories. We did not see any notice of the lawsuits filed against Mirant over leaks from its fly ash dump at the headwaters of the Wicomico River. We read no words on the lawsuits filed against the County over the two Board of Appeals cases described above. The Rowland property case described above received a measly twenty-some sentences in October with no follow-up. Increase the reporters’ shoe leather budget why don’t you?
MOST DISHEARTENING LEGAL DECISION AWARD
Losers: PRA, St. Mary’s County
Fourth Appeal Not the Charm
Certainly one of the low points of the year was the refusal of the Court of Appeals to hear our suit against the county after the developer of The Woods at Myrtle Point was allowed to build on steep slopes. A defeat, yes, but we saw the battle through because our cause was just and our enemies saw once again our stamina and courage. It’s in the past; we’re feeling better now; we’ve since licked our wounds, regirded our loins and are scanning the horizon for new beasts to fell.
There are other Worsts, of course. There are always more Worsts. When it comes to environmental protection in St. Mary’s county we have more worsts than a German butcher. But we can’t go on. We need to start hearing about some bests.
THE BEST OF 2009
Or, at least, The Better.
OYSTER RECOVERY PLAN
Governor O’Malley unveiled a sweeping program to restore the oyster population and oyster habitat. If the plan goes off as intended some areas of the state’s rivers would become oyster sanctuaries—planted with live oysters and closed to harvesting. It is an original and courageous step forward. Locally some parts of the the St. Mary’s and Patuxent Rivers, and possibly some parts of the Wicomico River, would have sanctuary areas. Three southern Maryland environmental groups are currently cultivating oysters to be used in the sanctuaries. (The PRA is a participating sponsor of one of these oyster cultivation projects.) Opposition to the Governor’s plan is being heard, however (see item above) so it might take some public education and advocacy to see it through.
COMEUPPANCE
We don’t like to see people go to jail, especially men who have families to support and who, apart from whatever crime they may have committed, are contributing members of their communities. But for far too long some watermen have besmirched the name of their profession by illegal acts of poaching, harvesting undersize products and any number of offensive practices. In the past the consequences for getting caught were mild to nonexistent; even repeat offender would expect to receive no more than the proverbial slap on the wrist. In 2009 the state finally levied fines and sentences appropriate to the crimes. A number of county watermen were caught up in an investigation of the illicit catching and sale of rockfish. The scam had gone on for years and netted millions of dollars for the perpetrators. Some of the men had long histories of violation of resource protection laws. Heavy fines and long sentences were meted out and while we feel for their families we have to say we are heartened to see justice done. Now lets start levying some serious fines on sediment control violators and sign placement violators.
EVERGREEN ELEMENTARY
The new elementary school in Wildewood opened to deserved fanfare. A LEEDS-certified gold building it is the most energy efficient, environmentally conscious and, hopefully, trend-setting structure in the region. We only wish it were more visible—its distinctive design, a function of its goals, would be a daily inspiration to passers-by. PRA was invited to attend the grand opening in honor of Erik Janssen’s long-time crusade for incorporating green design principles in school architecture.
That concludes our look at the year past. Now we turn our attention back to the future.