An estimated 2.4 million people work on farms in the United States. Though their work is critical to agriculture and the economy alike, pesticide exposure continues to be a major occupational risk—and the effects ripple out into society and the food we eat.

Pesticides can easily drift onto farmworkers—and the schools and neighborhoods near fields. Current pesticide regulations aren’t consistently enforced, and vulnerable workers aren’t always able to seek help when there are violations. 

Exposures may continue around the clock, especially on farms where workers and their families live, says Olivia Guarna, lead author of a recent report, “Exposed and at Risk: Opportunities to Strengthen Enforcement of Pesticide Regulations for Farmworker Safety,” by the Center for Agriculture and Food Systems at Vermont Law and Graduate School, in partnership with the nonprofit advocacy group Farmworker Justice. This is one of a series of reports addressing needed policy reforms and federal oversight of programs impacting farmworkers. 

Alongside faculty and staff in the Center for Agriculture and Food Systems, Guarna, a honors summer intern with a background in environmental issues, spent 10 weeks interviewing attorneys, officials, administrators, legal advisors, and farmworker advocates, researching how pesticide use is regulated and enforced in Washington, California, Illinois, and Florida. What Guarna didn’t expect was just how complicated the regulatory scheme is. The federal Environmental Protection Agency technically has oversight over pesticide use, yet in practice receives little data from states, whose enforcement is spotty at best. “There are a lot more protections on paper than I think are actually being implemented to protect farmworkers,” she says.

One of the biggest issues, according to Laurie Beyranevand, Director of the Center for Agriculture and Food Systems and one of the authors of the report, is that unlike other environmental laws administered by the EPA, the agency doesn’t adequately gather data from the states, making enforcement of existing standards more difficult. 

In Florida, the report found, inspections are virtually never a surprise. “Farmworkers report that when inspectors come to the farms, growers know they are coming, and they get to prepare,” says Mayra Reiter, project director of occupational safety and health for Farmworker Justice. “Inspectors don’t get to see what goes on day-to-day in those workplaces.”

Washington is considered one of the more progressive states in terms of farmworker protections. Yet between 2015 and 2019, Guarna discovered the average violation rate there was 418%, meaning that multiple violations were found on every inspection performed. 

In California, when violations are found, fines are often not levied, the report concluded. Even when penalties are issued, they’re often for amounts like $250 — token fines that growers consider to be part of the cost of doing business. Only a single case reported in California between 2019 and 2021 involved a grower being fined the more significant sum of $12,000.

Still, California is one of the few states that makes information readily available to the public about what chemicals are being applied where. Elsewhere, it’s virtually unknown. Washington, Florida, and Illinois do not require pesticide use reporting at all. 

“You have the farmworkers being directly exposed, and there’s so little transparency on what’s in our food,” Guarna says. “It’s not just farmworkers who are affected — drift is a big problem when it’s close to schools and neighborhoods. There’s just so little we know. A lot of the health effects happen years down the road.

In some instances, toxic exposure has become quickly and tragically evident when babies are born with birth defects. Within a span of seven weeks in 2004 and 2005, for example, three pregnant farmworkers who worked for the same tomato grower, Ag-Mart, in North Carolina and Florida, gave birth to babies with serious birth defects, like being born without arms or legs. Florida’s Department of Agriculture and Consumer Services issued two complaints against Ag-Mart in 2005, alleging 88 separate violations of pesticide use laws altogether. Ultimately, 75 of those violations were dismissed. Ag-Mart was fined a total of $11,400.

Yet thousands of poisonings continue to happen each year, Farmworker Justice says. In August 2019, for example, a field of farmworkers in central Illinois was sprayed with pesticides when the plane of a neighboring pesticide applicator flew directly overhead, the report noted. Several workers turned up at local emergency rooms with symptoms of chemical exposure. 

Despite these incidents, Illinois does not mandate that medical providers report suspected cases of exposure. Only because a medical provider at the hospital personally knew someone in the local public health department—who in turn contacted connections at the Illinois Migrant Council and Legal Aid Chicago—did the exposure result in legal action.

Workers often live on the farms where they work, exposing them to chemicals virtually round-the-clock, Reiter adds. “We know from farmworker testimonies that when they return to their homes, they can smell the pesticides, and it lingers for days after they return,” she says.

Vulnerable legal status can make it difficult for farmworkers to report exposures. Millions of farmworkers hail from Mexico, Guatemala, and elsewhere in Central America, according to Farmworker Justice, although significant numbers also come from countries like Jamaica and South Africa. An estimated half of farmworkers in the U.S. are undocumented. 

Millions of others come on H2-A guest-worker visas that allow them to come to the country for seasonal jobs of up to 10 months. These temporary visas are tied to specific employers, so workers fear being deported or otherwise retaliated against if they raise complaints about safety violations.

“Because [workers] are looked at as expendable, they’re regularly exposed to neurotoxic pesticides that can be carried into their home settings,” says agricultural policy expert Robert Martin, who recently retired from John Hopkins Center for a Livable Future. “They’re largely immigrants, and they don’t have a lot of legal protections. The advocates they do have, like Farmworker Justice, are terrific, but they’re really taken advantage of by the system because of their legal status.”

Inherent conflicts of interest also present legal loopholes. The state agencies charged with enforcing federal and state pesticide safety laws, like state Departments of Agriculture, are often the same agencies that promote the economic interests of the ag industry. And farmworkers know it. “That sort of cultural conflict is a big issue,” Guarna says. “Farmworkers have become deeply skeptical of departments of agriculture, and skeptical that they have farmworkers’ interests at heart. They fear their complaints are going to fall on deaf ears.”

While the EPA is legally required to maintain oversight over state agencies, in practice, they only require states to report about federally funded work—and the vast majority of state programs are funded by state budgets. Mandatory and universal standards for inspections and responses to violations would help tremendously, the report concludes. “One of our recommendations is that there should be whole-of-program reporting where states, tribes, and territories have to report all their activities,” Guarna says. “There are some very discrete fixes that can be made that would have a huge impact, so I am hopeful about that.”

Among the report’s 17 policy recommendations is to ensure that enforcement of pesticide safety gets delegated to an agency that is specifically tasked with protecting the health of workers. This could include transferring enforcement to state departments of labor or health, or even creating a new authority specifically dedicated to pesticide regulation.

“Exposed and At Risk” follows a previous report from the Center for Agriculture and Food Systems that focused on the two major threats facing farmworkers—heat stress and pesticide exposure. It focused on opportunities for states to take action to better protect farmworkers, and was written in collaboration with the Johns Hopkins Center for a Livable Future. That collaboration also led to a third report, called “Essential and in Crisis: A Review of the Public Health Threats Facing Farmworkers in the U.S.,” which recently explored the public health and environmental impacts of industrial agriculture. Martin, who co-authored these findings, explains that the concentrated power and wealth of large agribusiness companies has consequences for both worker safety and the environment. 

Following corporate consolidation since the 1980s, “there are fewer meat, seed, pesticide companies, and their combined economic power really keeps the status quo in place,” Martin says. ”There are some pretty direct public health threats of these operations.”

As “Exposed and at Risk,” notes, the regulatory system should be structured in a way that works to protect farmworkers. But currently, federal regulators lack sufficient data to even identify the tremendous gaps in enforcement. Requiring states to develop comprehensive reporting systems would be a small step toward protecting the foundation of American agriculture.

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Vermont Law and Graduate School, a private, independent institution, is home to a Law School that offers both residential and online hybrid JD programs and a Graduate School that offers master’s degrees and certificates in multiple disciplines, including programs offered by the School for the Environment, the Center for Justice Reform, and other graduate-level programs emphasizing the intersection of environmental justice, social justice and public policy. Both the Law and Graduate Schools strongly feature experiential clinical and field work learning. For more information, visit vermontlaw.edu, Facebook, Twitter and Instagram.

This story was originally published by Grist with the headline The legal loopholes that threaten farmworkers’ health and safety on Jun 20, 2023.

This story was originally published by the Rural Monitor.

As a librarian in Peck, Idaho — a self-described “one-woman show” in a community of just under 200 people — Doreen Schmidt’s workdays begin with an unusual routine.

First, Schmidt checks the air quality monitor installed on the side of the library building. Next, she chooses a flag that best matches the results: green for healthy, red for unhealthy, or yellow for in-between.

And at 10 a.m. every Tuesday and Thursday, when the Peck Community Library opens its doors, Schmidt hangs the flag outside, announcing the air quality of the day to students in the one-room schoolhouse across the street, post office-goers, and other community members passing by.

This routine is one of several initiatives that the Peck library and eight others in rural northern Idaho have adopted in partnership with the Nez Perce Tribe’s Air Quality Program in an effort to raise awareness of the health risks posed by wildfire smoke and steps that local residents can take to protect themselves against it.

“We librarians became informed [about air quality] so that we can inform our communities,” said Schmidt, who serves as branch manager of the Peck Community Library. “The partnerships and the connections we make through the libraries are really important, because the library is the hub of our community.”

Across the western U.S., wildfire smoke is increasingly recognized as an urgent public health issue for urban and rural dwellers alike. But rural communities face some unique challenges when it comes to collecting and spreading information about wildfire smoke and its health impacts — and, in response, uniquely rural solutions are emerging.

“Smoke has become more and more prevalent as a topic of concern in rural communities, but there’s still a lag” when it comes to making sure rural residents know how best to protect themselves against smoke exposure, said Savannah D’Evelyn, PhD, a postdoctoral fellow in the University of Washington’s Department of Environmental and Occupational Health Sciences. “We need to be thinking about smoke just as much as we’re thinking about fire.”

Rural Risks

Unhealthy air quality can affect any person who is exposed: immediate impacts of breathing in smoke may include coughing, difficulty breathing, headaches, irritated sinuses, and a fast heartbeat, according to the Centers for Disease Control and Prevention. But some populations are especially at risk, including the elderly, children, pregnant women, and people with conditions including asthma, heart disease, and Chronic Obstructive Pulmonary Disease (COPD), a rising cause of death in rural America. Wildfire smoke can also negatively impact mental health in rural communities, a study from University of Washington researchers found, with rural study participants reporting increased anxiety, depression, isolation, and a lack of motivation during smoke episodes.

As public health researchers learn more about the physical and mental health impacts of wildfire smoke, including in rural communities, a clearer picture of who is most at risk has started to develop, according to Elizabeth Walker, PhD, an Affiliate Assistant Professor in the University of Washington’s Department of Environmental and Occupational Health Sciences and one of the authors of the mental health study. People who tend to be particularly vulnerable during smoke episodes include lower-income residents, those with outdoor occupations, and people experiencing housing insecurity or homelessness, said Walker, who is also the founder of Clean Air Methow, a nonprofit program that provides information and resources to help residents of Washington’s rural Okanogan County protect themselves against unhealthy air quality.

For these particularly at-risk groups, avoiding smoke exposure altogether is often not an option. Rural-based industries such as agriculture, forestry, and outdoor recreation often revolve around outdoor work, exposing employees to unhealthy air throughout the workday. And in small communities that lack indoor public gathering spaces with clean air, residents without housing — or who don’t have sufficient air filtration systems in their homes — may have nowhere to go to escape the smoke; in places that do have community spaces with clean air, it may not be practical or affordable for some residents to travel long distances from their homes to use them.

In some rural communities where wood-burning stoves are commonly used during colder months, smoke is inescapable even in winter: residents may experience exposure year-round, compounding the health impacts without seasonal relief.

“If people are getting a much higher exposure, either due to outdoor work or to their housing conditions, those folks really need to be targeted for providing whatever interventions we can,” Walker said.

Monitoring the Problem

For many rural communities, protecting against wildfire smoke exposure is made significantly more difficult by the fact that there is no way of knowing exactly how much smoke is in the air on any given day.

Information about air quality is often limited in rural areas, with air quality monitors more densely concentrated around larger population centers. The result is what D’Evelyn refers to as “monitoring deserts”: places where smoke is palpable in the air but where a lack or shortage of monitors leaves exact air quality levels unknown, making it more difficult for communities to gauge what sort of health protection measures are needed.

“We [air quality researchers] tend to focus on areas that are densely populated, because you already have air quality issues there from things like traffic and industry,” said Danilo Dragoni, PhD, Bureau Chief of the Nevada Division of Environmental Protection’s (NDEP) Air Quality Planning Bureau. “In rural communities where only indirect methods of measuring air quality are available, the understanding is that air quality is relatively good. But when you have wildfires and smoke, you go from a decent air quality to a very bad air quality in the range of a few days.”

In Nevada, smoke from a series of wildfires near the California-Nevada border in recent years served as a wake-up call of sorts for state officials, Dragoni said. During these episodes, the bureau received phone calls from emergency managers and school district officials in rural northern Nevada requesting air quality information, as information found online “didn’t really match what they were experiencing on the ground.”

“We realized that the coverage in terms of air quality monitoring was not enough,” Dragoni said. “Wildfire smoke is very unpredictable and can change very rapidly. So they started calling us to say, ‘Hey, can you give us more information?’ And we realized that we couldn’t really do it.”

To start to fill these gaps, NDEP purchased dozens of PurpleAir sensors — air quality sensors that are relatively inexpensive and easily installed, but less accurate than regulatory-grade monitors — to loan to rural communities across the state at no cost. The department has also partnered with the Desert Research Institute (DRI) — the nonprofit research arm of Nevada’s state higher education system — on a grant-funded project to improve and expand wildfire smoke air quality monitoring infrastructure and public information resources for rural communities statewide. The program, which began in 2021 and is ongoing, included the installation of roughly 60 smart technology air quality sensors as well as additional communication resources to identify gaps in public knowledge around the health risks of wildfire smoke in rural communities and develop new educational materials.

“Risk communication messaging around wildfire smoke is directly informed by air quality data,” said Kristin VanderMolen, PhD, an assistant research professor of atmospheric sciences at DRI. “And so for these counties where there isn’t quality data, messaging becomes difficult because, you know, what do you say?”

In Pershing County, Nevada — a county of roughly 6,500 people spanning more than 6,000 square miles — a lack of reliable air quality monitoring made measuring air quality difficult during wildfire season.

“Other than looking outside and seeing that your visibility was reduced, there was no quantitative method for determining how bad the smoke was,” said Sean Burke, Director of Emergency Management for Pershing County.

But the health impacts were evident, especially during the smokiest part of the season, Burke said: As an EMS worker, he saw a noticeable increase in asthma and COPD exacerbations when the smoke was thick.

Participating in the DRI-NDEP project has provided Pershing County with new tools to measure smoke particles in the air. Making sure that local residents understand the extent of the health risks involved — and how they can best protect themselves — can still be challenging, though, Burke said.

“I talked to one old fellow who said, ‘If I want to know how the smoke is, I’ll look out my window,’” Burke recalled. “I think, generally speaking, people get it: There’s smoke, and it’s not great. But I don’t think they understand necessarily just exactly how bad it can be, particularly if you’re in one of those sensitive health categories.”

‘Harnessing Toughness’

Smoke exposure levels tend to be higher in rural communities, according to D’Evelyn, in part because fires are often closer to home. The nearer and bigger the fire, the worse the smoke episode likely will be — but the more likely it is that air quality will be overshadowed by concerns about the fire itself.

“Fire is always the top concern because in rural communities, a fire can come right through and burn down your home,” D’Evelyn said. “And so this concept of being concerned about smoke exposure has been secondary on people’s minds — they’re much more worried about fire, which makes sense.”

A “long-term historical familiarity and cultural tolerance for smoke” in many rural communities in the West may also contribute to the perception that smoke isn’t an urgent public health issue, Walker said.

“When something is familiar to you, you tend to underestimate the risk that it poses,” she said. “The classic example is that people routinely think that being in a car is safer than being in an airplane. Smoke is woven into our experiences here, so it’s often not seen as something that can cause severe health risks.”

A public outreach campaign by Clean Air Methow over the past year has focused on changing these perceptions, using messaging that leans into what were identified through community focus groups and surveys as the “top three values” of the region: determination, grit, and family.

“Toughness is a strength to harness in rural communities, and we’ve tried to design the campaign around the idea that toughness means protecting and caring for other people and promoting awareness of who the most vulnerable groups are,” Walker said. “Maybe someone in your family or your neighbor falls into one of those vulnerable categories, even if you don’t, and they might need some help taking steps to protect their well-being and health.”

Within the Nevada communities participating in the DRI-NDEP project, “people are generally familiar with wildfire smoke risk exposure, and they’re generally familiar with who tends to be more vulnerable or at risk,” VanderMolen said. “But when it comes to mitigation strategies, there is a little bit of fine-tuning to be done.”

In rural northern Idaho, finding — and communicating — the most effective mitigation strategies has meant taking into consideration the unique needs of the region.

“Five or ten years ago, the messaging was just, ‘Stay indoors,’” said Mary Fauci, an Environmental Specialist with the Nez Perce Air Quality Program. “But many people up here don’t have air conditioning and have to keep the windows open to cool their house down at night, which brings in wildfire smoke. So the general acknowledgement was that we need to either change the messaging or provide means of help to get people to change so that they can be ready and resilient.”

Trusted Sources

In rural environments, information about smoke and its health impacts may be most effectively disseminated by sources close to home, research has found.

In a series of interviews and focus group discussions with residents of rural and tribal communities in north central Washington, D’Evelyn and other University of Washington researchers found that participants generally trusted local sources of information — such as tribal or local governments, or informal community communication networks — more than non-local sources, such as the state or federal government agencies. The research was conducted and published in collaboration with the Confederated Tribes of the Colville Reservation and the Okanogan River Airshed Partnership.

Interviewees also “overwhelmingly” described local and community channels — such as community information boards, local news, friends and family, and social media — as their main sources of information on air quality and smoke risk, according to the report.

Within any given community, “networks of communication are super varied,” D’Evelyn said. “There will be Facebook groups that 30% of the community is incredibly active in, and then there’s another percentage of the community that doesn’t even have internet access at their home and doesn’t want to. Making sure that you’re tapping all of the different communication networks that are necessary is really important.”

In Pershing County, a lack of real-time media coverage has made it difficult to keep community members informed about air quality and health risks in a timely way, Burke said. With the nearest television station in Reno, roughly 100 miles away, the local newspaper — which publishes once a week — is the primary source of local news.

“If you’re in a larger metropolitan area, you would expect to see something on the local news about hazardous levels of smoke, but we kind of fall outside of the major reporting area,” Burke said. “Our single largest challenge is getting the word out effectively.”

To do this, Pershing County and other rural communities have had to find alternative methods for communicating risk to the public. In Pershing County, those methods include posting information in public places — such as senior centers, community centers, and hospitals — and on social media, though spotty or nonexistent internet access in some rural areas can make the latter more difficult. In another Nevada county participating in the DRI-NDEP project, traveling U.S. Forest Service field technicians plan to deliver pamphlets with smoke information to particularly remote communities without reliable cell phone service or internet access.

To reach a diverse range of Okanogan County residents, Clean Air Methow has taken a diverse approach to its public messaging that includes billboards, print materials, radio spots, bar coasters, and social media posts. As part of a recent outreach campaign funded by the Washington State Department of Ecology, the organization and regional partners distributed more than 3,000 copies of a Smoke Ready Checklist, which lists instructions and best practices for minimizing smoke exposure — including setting up a do-it-yourself air cleaning system at home, making a plan for vulnerable household members, gathering N95 masks, and ideas for staying “mentally strong and engaged” throughout wildfire season — in both English and Spanish.

With funding from an Environmental Protection Agency grant, Clean Air Methow also made box fan air filters available for free to community members, with more than a dozen pop-up displays with information about how to get one set up at health clinics and social service organizations throughout the county.

Partnerships with “trusted partners” in the community, such as healthcare and social service providers and fire safety entities, have been key to Clean Air Methow’s success in distributing information about smoke exposure and protection strategies, according to Walker.

“Everything we have ever accomplished has only been on the basis of those strong partner networks and relationships,” she said.

A Community Effort

In northern Idaho, the Nez Perce Air Quality Program has found a different kind of trusted partner in the region’s community libraries.

The program began by approaching a handful of libraries in 2012, to ask whether one of the program’s interns could host presentations on air quality safety as part of the libraries’ summer reading programs. From there, the relationships grew, with more libraries signing on to host summer reading presentations on air quality and STEM (science, technology, engineering, and mathematics) subjects.

“Libraries have a lot more than books, and I think communities and the public are starting to realize that there’s other things they can do,” said Johna Boulafentis, an Environmental Specialist with the Nez Perce ERWM Air Quality Program. “Following through, showing up, and having our intern be there started to really build that trust.”

The Nez Perce Tribe has had a robust air monitoring system in place on its reservation since the early 2000s. But some of the area’s smallest communities, including Peck, were without their own air monitors — leaving mini monitoring deserts in a landscape where air quality can change abruptly from town to town.

When the Air Quality Program approached Schmidt in 2021 to ask whether the Peck Community Library would be interested in installing a PurpleAir Monitor and putting out a flag each day to help inform community members about air quality, Schmidt says she was “thrilled.”

Students at Peck Elementary School across the street — a one-room schoolhouse with 34 students ranging from kindergarten through sixth grade — have also embraced the program enthusiastically, using the flag to determine whether it’s safe to play outside for recess during fire season. At noon, when the students come over to the library for programming, they check on the PurpleAir sensor and help Schmidt to update the flag if needed. And “at the end of the day, after school, they’ll run across the street to see if they can check on it again,” Schmidt said with a laugh.

The Nez Perce Air Quality Program has expanded its partnership with participating libraries to include other community outreach efforts in addition to the flag program, such as hosting “Build Your Own Sensor” workshops for local junior high school students and demonstrations for the public on how to build an air filter out of a box fan. Box fan air filters are displayed inside the library entrances as well, with librarians available to answer questions about air quality.

Libraries aren’t the only community partners that the Nez Perce Air Quality Program relies on to help spread public awareness. The program has worked with health agencies, school districts, tribal housing entities, and others to share air quality information and teach strategies for minimizing smoke exposure and has distributed educational materials throughout the community in both English and the Nez Perce language.

But the multigenerational scope of community libraries gives them a unique ability to reach people of all ages and walks of life, Schmidt said.

“If you ever want adults to pay attention, you teach the kids,” Schmidt said. “They bring it home and they really want to make sure that their parents or grandparents, or whoever their caregiver is, are understanding what they’re learning.”

While the impact of the program is difficult to measure in numbers one year in, there is anecdotal evidence that adults are paying attention as well. Several older men living in Peck have asked Schmidt to help them install air quality apps on their cell phones after seeing the colorful flags out front, and at least one library visitor reported back that he had made his own box fan air filter after seeing the display.

Perhaps the most notable indicator of the program’s impact, however, showed up on Peck’s Main Street after the flag program began: One man, noticing that the flags were only updated the two days a week that the library was open, made his own flags to display in his front yard on the days the library was closed.

“To see that person using his own saw and equipment and taking all those steps to display a flag in his yard, and then going into a library and seeing that they have their fan filter going, has been really inspiring,” Boulafentis said. “It makes you want to say, ‘Hey, what should we try together next?’”

“For the community to get excited about it and then see other people participating,” Schmidt added, “brings out the good in us all.”

The post Rural Communities Find Unique Solutions to Protect Against Wildfire Smoke Exposure appeared first on The Daily Yonder.

If you want to see the Colorado River change in real time, head to Lake Powell.

At the nation’s second-largest reservoir, water levels recently dipped to the lowest they’ve been since 1968. As the water recedes, a breathtaking landscape of deep red-rock canyons that cradle lush ecosystems and otherworldly arches, caverns and waterfalls is emerging.

On a warm afternoon after the reservoir had dipped to a record low, Jack Stauss walked along a muddy creek bed at the bottom of one of those canyons. He works as the outreach coordinator for Glen Canyon Institute, a conservation nonprofit that campaigns for the draining of the reservoir and highlights the natural beauty of Glen Canyon, which was flooded in the 1960s to create Lake Powell.

“I call this the moon zone,” Stauss said, as his shin-high rubber boots splashed through cold pools and eddies. “There are ecosystems that thrive in these side canyons, even when they’ve been de-watered for just, like, four years. You start to see stuff come back on a really unprecedented scale.”

Lake Powell is already receiving a major springtime boost. Until July, snow from an epic winter in the Rocky Mountains will melt and flow into the reservoir, and portions of those side canyons will flood anew. But for a brief moment in the late winter and early spring of 2023, Powell was creeping lower by the day. The falling water levels have created a harrowing visual reminder. Climate change has put the West’s key water supply on the ropes. At the same time, the drop reveals a spectacular landscape that environmentalists have heralded as a “lost national park.”

Stauss – an environmentalist who refers to Lake Powell as “the reservoir” – invited a small group of adventurous water wonks to chronicle its historically low water levels. He ambles along through the ankle-deep water, pointing up toward the infamous “bathtub rings,” chalky white mineral deposits on the canyon walls that serve as visual markers of the reservoir’s heyday.

“It’s staggering,” Stauss said. “The scale is hard to wrap your head around. The fact that the whole time we were just hiking, we would have been underwater, is shocking.”

The high water line, set in the early 1980s, is more than 180 feet above our heads. Even last summer’s high water mark is about eye level.

Reminders of Glen Canyon’s return to some form of pre-reservoir normal aren’t always as static as the bathtub rings on canyon walls. All around our feet, the shallow water teems with life. The crystal-clear creeks are full of spindly bugs that float on the water’s surface. Occasionally, toads jump from the stream’s sandy banks. Lizards bask in patches of sun. Bird calls echo off the smooth walls and melt into a distorted chorus.

Teal Lehto, who makes short videos about the Colorado River on TikTok under the name “WesternWaterGirl,” was also on the expedition. She pushed past a dense thicket of willows as we hiked through the canyon.

“It’s really, really interesting seeing the way that the ecosystem is recovering,” Lehto said. “And then there’s a little bit of heartbreak knowing that this area is probably going to be submerged again in a couple of months.”

After spending decades under mostly-still water, these canyons are laden with heaps of sediment that settled onto on the lake’s floor. Towering, crumbly banks of sand and dirt line the bottom of each side canyon, often high enough that some of the group’s ski enthusiasts try to carve down, sliding across the loose deposits in their sandals.

As those sandy banks start to erode, they also reveal traces of human activity. Old beer cans, golf balls, and other tattered bits of unidentifiable trash poke through the sediment, leaving lasting reminders of Powell’s double-life: a bustling haven for recreation, and a key piece of water storage infrastructure.

‘Nature bats last’

The group’s boat – a rented pontoon boat with plenty of space for the camera gear, camping setups and loaded coolers we’ve piled towards the back – wasn’t particularly agile. Stauss carefully piloted the craft through a “ghost forest,” where the blackened, skeletal tips of cottonwood trees are just seeing the light of day after decades underwater.

“Every time you come down here, it’s sort of a different game of steering the boat through stuff,” he said. “It’s kind of exciting, actually, like a little puzzle.”

After a slow cruise around the eerie labyrinth of treetops, Stauss leaned the accelerator back into neutral. The boat idled in front of the messy, muddy delta of the Escalante River. The river carries snowmelt about 90 miles through Southeast Utah before it runs into Lake Powell, in an area which was once the free-flowing Colorado River.

Another member of the expedition, Len Necefer, was in this same spot last year. Necefer, a member of the Navajo Nation, founded the consulting and media group NativesOutdoors and holds a PhD in engineering and public policy.

“It’s constantly changing,” he said. “In a few weeks you’ll be able to motor around and go up to Willow Canyon and all that. But right now it’s in this sort of crazy zone of transition.”

The group ponders a trek out onto the delta itself but decides against venturing into the mud, where footing looks uncertain. As the boat cruised into a U-turn, Necefer posited that “nature bats last.”

“Bottom of the ninth, end of a baseball game, nature is at bat and basically has the final say on what happens,” he said.

Nature is taking its last licks in nearly every corner of the sprawling reservoir. Elsewhere, a natural stone arch, once completely submerged, is now so high above the water that you can drive a boat underneath.

At the reservoir’s marinas, receding water has thrown a curveball to Lake Powell’s powerhouse recreation industry. In 2019, Glen Canyon National Recreation Area attracted 4.4 million visitors, more than Yellowstone National Park. The National Park Service says tourism brought $502.7 million to local economies.

But the recreation area – a world-renowned hotspot for houseboaters, wakeboarders, and jet skiers – has taken a hit.

At marinas along Lake Powell, the distance between the parking lot and the shore of the reservoir has gotten dramatically longer over the past two decades.

At Bullfrog Marina, where Stauss rented the pontoon boat, what was once a gentle ramp right next to the parking lot is now a strip of concrete hundreds of feet long. Docks and buoys once moored in water dozens of feet deep now lie crooked and dusty on the desert ground.

In the past few years, the National Park Service has had to make the Bullfrog Marina ramp even longer, chasing the water as it recedes. Further upstream, the Hite Marina, once a busy put-in for boats, is stranded so far away from the water that it is now shuttered.

‘Speechless’ at the Cathedral

Each hike into a new side canyon was the same. Stauss pushed the bow of the pontoon boat into the muddy shore, and the group hopped out clad with backpacks full of cameras. At each new mooring, the path was only visible a few dozen yards up the canyon before a dramatic curve obscured the route ahead.

On one hike, an extra-squishy patch of mud turned out to be quicksand. The trekkers tap danced across it, careful not to sink too deep, but egged each other on to test its limits. Filmmaker Ben Masters, a member of the expedition, wriggled around until he was waist deep and needed a hand to get unstuck.

“Indiana Jones taught me to stop resisting,” Lehto said as Masters pulled himself out of the muck.

After about a half hour of strolling, the crew got what it came for – a rare glimpse of Cathedral in the Desert.

Awe-inspiring as they are, the side canyons can blur together after a few hours of plodding through relatively indistinct curves in the rock.

This one is different.

The hikers round a corner and come upon a red-rock cavern. The group, chatty on the way in, falls silent for a moment.

“I’m kind of speechless, which is really funny for me, because I always have something to say,” said Lehto, the TikTok creator. “But it is gorgeous. It’s amazing to me to imagine that this was all underwater, and it will be underwater again soon.”

The canyon tapered into a kind of dome, where only narrow slivers of sunlight peek through. In one corner, at the foot of a giant sand mound, a thin waterfall trickled from above. The rivulet snaked through a crack in the rock before it dribbled into a frigid, still pool and echoed through the cavern.

“I kind of wish there was a choir here because I think it would be really beautiful,” Lehto said. “Anybody know how to sing?”

Nobody in the group chimes in. Most are silent, staring up toward the top of the waterfall and contemplating the best way to position their cameras.

After a few minutes of silent marveling, Stauss provides some context.

Cathedral in the Desert made a brief above-water appearance in 2005, only to be submerged again until 2019. Since then, fluctuating water levels have flooded in and out of the pocket, limiting the waterfall’s height.

“People used to boat up 100 feet above the waterfall,” he said. “It’s something we’ve been waiting for for a long time. It’s another one of these markers of restoration to see Cathedral come back and to know that it’s not just a fraction of what it once was, but it’s going to be full size.”

After the fall, a rise

Standing under the Cathedral’s ceiling of smooth desert stone, Stauss pondered the future of a region where Lake Powell, and the rest of the Colorado River’s sprawling network of storage infrastructure, are due for an overhaul.

“I don’t think we should just think that the drawdown of these reservoirs is over,” he said. “I think we should use the moment to rethink completely how we store, use and conserve water across the West—and I think Glen Canyon should be at the heart of that conversation.”

In some circles, Glen Canyon is a major thread in conversations about water management. Environmentalists argue that Powell should be drained and Glen Canyon should be allowed to return completely. Recreators disagree, and water managers have shown reluctance to break so sharply from the status quo.

But the Colorado River’s rapid drying has pushed the idea of draining Lake Powell from the fringe and given a semblance of legitimacy to water management ideas once considered far-fetched. The river, which supplies tens of millions across the Southwest, has faced dry conditions since around 2000. The seven U.S. states which share its water have been caught in a standoff about how to cut back on demand.

This year, deep mountain snow promises a serious boost, the likes of which have only been seen a handful of times in the past two decades. Runoff is expected to raise the reservoir’s surface by about 50 to 90 feet by this July.

But even the most cautious runoff estimates would leave the reservoir less than 40 percent full. Its levels will again begin to drop over the fall and winter.

One year of strong snow won’t be nearly enough to pull the reservoir out of trouble. Climate scientists say the Colorado River would need five or six winters like this one to rescue its major reservoirs from the brink of crisis.

The past few springs delivered relatively low runoff, leading to summers fraught with mandatory water cutbacks and emergency releases from smaller reservoirs – efforts primarily focused on keeping water in Lake Powell.

Water managers are under pressure to keep water flowing through hydroelectric turbines within Glen Canyon Dam, which holds back Powell. After decades as a rock-solid emblem of the nation’s Cold War era expansion into the West, dropping water levels are threatening one of the dam’s primary functions. If water dips too low, the federal government could be forced to shut off hydropower generators that supply electricity to 5 million people across seven states.

This wet winter will ease some of that pressure, although water managers have publicly emphasized the need to avoid “squandering” the benefits of an unusually snowy year. The favorable conditions could relieve the need for emergency changes to Colorado River management, allowing the seven states which share its water to wait until 2026 for broader changes. The current operating guidelines for the river are set to expire that year, and water managers are expected to come up with more permanent cutbacks to water demand before that happens.

Amid tense negotiations and pre-2026 posturing, environmentalists like Stauss and his colleagues at Glen Canyon Institute are arguing for a future which cuts out a need for Lake Powell entirely – decommissioning Glen Canyon Dam and storing Powell’s water in other reservoirs.

In the meantime, Stauss relished the brief glimpse at what that might look like.

“It’s a scary future for water in the West,” he said. “But as far as Glen Canyon goes, it’s a pretty amazing silver lining.”

This story is part of ongoing coverage of the Colorado River, produced by KUNC, and supported by the Walton Family Foundation.

This story was originally published by Grist with the headline As the nation’s second-largest reservoir recedes, a once-drowned ecosystem emerges on Jun 3, 2023.

Yesterday, May 31, the Olympia Site Plan Review Committee examined the application of Thomas Architecture Studios on the development of the ‘Carnegie Whiskey Library’ during a

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Why are we still mismanaging beavers? was first posted on May 25, 2023 at 7:25 am.
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Tybee Island in Georgia has a rain problem.

The small barrier island’s stormwater system, fed by storm drains across the coastal community, funnels into a pipe that comes out on the beach at the southern tip of Tybee. But that pipe gets regularly buried by sand.

“What happens is when it gets covered with sand, and the tide rises, there’s nowhere for the stormwater to go,” said Alan Robertson, a Tybee resident and consultant for the city. 

The water backs up in the system and wells up out of the drains, flooding the roads. It’s a chronic problem, he said, that the city is trying to solve. 

“The city has to clear this every day,” Roberston said. 

Tybee’s not alone. All over the country, old stormwater systems struggle to keep up with increased rainfall due to climate change. Rising sea levels and groundwater — also from climate change — squeeze the systems from the other end. Infrastructure like roads, hospitals and wastewater plants need to be shored up against flooding. Residents need protection from heat, wildfire, floodwater, and other climate impacts.

All of that is expensive. The good news for local governments tackling these problems is that lots of state and federal money is out there to fund resilience projects. The recent federal infrastructure law and Inflation Reduction Act are adding hundreds of billions of dollars to the pot.

But there’s also bad news: The money is often hard to actually get, and that difficulty can amplify inequities for communities that need help the most.

“All these great numbers and these great programs means absolutely nothing if communities that need it most can’t have access to it,” said Daniel Blackman, a regional administrator for the U.S. Environmental Protection Agency.

The funding often comes through competitive grants, with applications that are complicated and highly technical. They take time and expertise that under-resourced local governments often lack.

“One of the major capacity constraints of a lot of these local governments are that they have few grant writers on staff,” said Michael Dexter, director of federal programs for the Southeast Sustainability Directors Network.

Local government staff with plenty of work on their plates can often struggle to keep track of the different funding opportunities, coordinate the necessary partners, or come up with the local match funding some grants require.

“A lot of communities shy away from going after grant funds just because of that,” said Jennifer Kline, the coastal hazard specialist with the Georgia Department of Natural Resources Coastal Management Program.

Without a dedicated, expert grant writer and plenty of staff, communities may miss out on these huge amounts of money. That’s especially true in communities of color where old, racist policies discouraged investment and growth, according to Nathaniel Smith, founder of the Partnership for Southern Equity.

“If you look at many of the communities that face the greatest challenges, a lot of times people just assume that it happened by happenstance,” Smith said. “And that couldn’t be furthest from the truth.”

He pointed to redlining, a set of policies under which banks refused loans in areas deemed to be high-risk, which were primarily Black neighborhoods, as well as the construction of highways that obliterated thriving Black communities. There were also federal policies that encouraged suburbanization and white flight from cities. When schools are funded with property taxes so that wealthier and whiter areas have better equipped schools, that also amplifies the inequities, he said.

“All of these things have helped to facilitate a competitive advantage of, in particular, white communities and well-resourced communities,” Smith said.

For many of the same reasons, those same historically disinvested places — often communities of color — stand to be hit hardest by climate change: they often have less shade to reduce heat, are less protected from flooding, and face more of the health problems that climate change makes worse.

The Biden administration is trying to address this disparity with its Justice40 initiative, which promises to put 40 percent of federal climate funding toward historically disadvantaged communities. The process for identifying those communities has been criticized for some of the metrics it uses, for failing to account for cumulative burdens, and for not explicitly incorporating race. Because it’s broken down by census tract, Dexter said, the program can miss “localized need.” In places where a poor neighborhood is near a wealthier one, for instance, the average income across the tract could be too high to qualify.

“There’s still obviously uncertainty about how that’s gonna be implemented in some of these various different grant competitions,” he said.

And communities that qualify still have to successfully apply for and win those grants.

Through a program called the Justice40 Accelerator, Smith’s group and several partners offer funding and technical support to help eligible places get that money. The program has so far trained two cohorts, a total of 100 environmental and community groups from across the country. Along with grant writing help and mentorship, the accelerator provides $25,000 to each participating organization to help them develop their proposals.

“It takes real resources and time and support to ensure that local communities are positioned to compete,” Smith said.

So far, the program boasts an 81 percent success rate for its cohorts’ grant applications, totaling more than $28 million in funding awarded.

Many of the state and federal agencies that dole out grants offer help as well. The EPA, for instance, recently announced $177 million in funding for 17 of what it’s calling Environmental Justice Thriving Communities Technical Assistance Centers. Their goal is to help “underserved and overburdened” communities access federal funds. The centers, mostly based at universities or environmental groups, will provide training on grant writing and management as well as practical assistance like translation services for community outreach and meetings.

“It’s not going to solve every problem,” said Blackman. “But what it’s going to do is it’s going to address the concern you have in those individuals being able to write and access federal funding and grants.”

Kline’s DNR Coastal Management Program also provides assistance in finding and applying for grants. Dexter said his group, the Southeast Sustainability Directors Network, does too.  

What’s not clear is whether all of that is enough.

“I was gonna say that’s the $100 million question,” Dexter joked. “No, that’s the $1 trillion, multiple-trillion-dollar question.”

And it’s just one of the looming questions in these early stages of the IRA and infrastructure law rollouts. No one knows yet if there’s enough help for places that need it, or if those communities know the help is out there. It’s also unclear whether the assistance programs will help local governments not just apply for and win grants, but administer them and deliver the projects on time – itself a time-consuming and difficult process.

There’s some reason for hope, Dexter said, even as communities scramble for funding and groups like his scramble to provide enough support: The new federal laws are designed to offer funding over several years, instead of immediately. This is an important lesson learned, he said, from 2009’s American Recovery and Reinvestment Act and its heavy emphasis on “shovel-ready” projects. This time, some of the funding can be used for planning, and there is a bit more time for cities to get their ducks in a row.

“Hypothetically, that leads to this great scenario where a community might come in, in year one, access planning funding, and then by year three or four be able to access the implementation funding for that project,” Dexter said. 

That’s exactly the system Tybee Island is working with now. Robertson maintains a spreadsheet of projects that need funding. He has plans for how some of the work can unfold over multiple grant cycles. 

“We’re in a pretty good space now,” he said. “We can be much more responsive to many more opportunities because we have identified these projects.”

While stormwater remains a problem, the city has gotten grants to build protective dunes and elevate flood-prone houses.

But Tybee Island got lucky: Robertson, a resident with grant writing experience, stepped up after Hurricane Matthew devastated the island in 2016. The city contracted with him, and he deliberately worked to build up this grant capacity.

As the wave of new federal funding comes, other communities are looking for similar help.

This story was originally published by Grist with the headline There’s big climate money out there for small towns. But will they get it? on May 25, 2023.

On Sunday, The JOLT enters the start of Year 4 of its life as a startup news organization, one of about 1,000 hyperlocal newsrooms across the United States that have launched in the past 10 years. …

Austin Wall was attending an environmental law conference at the University of Tennessee not long ago when, during a discussion of natural gas pipeline projects, a map appeared on the screen and gave him a surprise.

“I’m like, hold up, that Google Maps looks really familiar to me,” the 25-year-old law student said. “I could find my family’s farm on that map.”

Wall’s family lives in rural Dickson County, and its ranch lies within a 10-mile “blast zone” of a pipeline planned for north-central Tennessee. That got his attention. A pipeline exploded in that area in 1992, scorching more than five acres of forest, and a similar disaster could decimate the family’s livelihood raising cattle. But what really dismayed him is why the Tennessee Valley Authority wants to build the project: It plans to replace two coal-fired power plants with natural gas facilities.

The TVA is the nation’s largest public power provider, serving a wide swath of seven southern states, including most of Tennessee. Its fleet of 29 dams, 14 small “solar energy sites,” and 25 power plants generates the electricity that it sells to 153 regional utilities. The agency once boasted 14 coal-fired power plants, including one that was for much of the 1960s the world’s largest. Today just five remain, and the agency wants to replace two in Tennessee, one in Cumberland and the other in Kingston, with gas-powered plants. Doing so all but commits its customers to fossil fuels for the next 25 to 30 years, obliterating the utility’s chance of reaching any national or international, or even its own, climate goals.

Despite that, the TVA argues that building the capacity for solar and wind energy takes too much money and time to allocate all at once. Its officials insist that methane burns cleaner than coal, and they echo a common argument in claiming that it provides a tidy bridge between coal and truly renewable energy. Some, including the Environmental Protection Agency, oppose the plan for climate reasons, arguing that, in addition to carbon dioxide, the plant will emit methane, an even more powerful greenhouse gas. Others worry about how the pipelines needed to serve the new operations will impact their communities.

Wall joined other opponents of the plan who gathered earlier this month in a cavernous middle school gym in Norris, Tennessee, for a TVA board meeting. Together, they told the agency exactly what they thought of the plan. Wall sees the plant slated for Cumberland as part of a history of exploitation throughout the rural South.

“It’s rich people coming in and stealing our stuff and then leaving,” he said. “And I think that when you look into it, it’s a cycle that TVA has the opportunity to stop or to break.”

The TVA bills itself as a proponent of sustainability, and the meeting was thick with branding proclaiming that. A video clip playing on a screen near the podium celebrated a utopian vision of the agency’s past and present: happy workers, hydroelectric dams, nuclear power plants, and glittering solar fields. “We made clean energy long before anyone asked us to,” the narrator intoned over the sound of an acoustic guitar.

Yet just 3 percent of the TVA’s energy portfolio comes from wind and solar alone. If you count hydropower and nuclear as clean energy sources, as the TVA does, that number bumps up to about 50 percent. Gas supplies another 22 percent. “I want the word sustainability to be synonymous with TVA,” Lyash said during the meeting.

It’s hard to square that position with the agency’s plans for the Cumberland and Kingston power plants. Each is a juggernaut. Cumberland, the largest remaining coal plant in the TVA’s fleet, generates enough power for 1.1 million homes each year, according to the agency, and Kingston, about 700,000. These two plants burned coal for decades, exposing the surrounding low-income, rural communities to carbon, sulfur dioxide, and other pollutants. In Kingston, mismanagement of the plant’s massive coal ash landfill resulted in a notorious billion-gallon spill in 2008. Each is reaching the end of its service lifespan, and, combined with federal pressure to reduce emissions, no longer make economic sense to repair and run. Though bulldozing the units remains an option, the TVA believes a conversion to methane may give these plants a new life and benefit the climate.

“Replacing retired coal units with natural gas will reduce carbon emissions from coal chains by nearly 6 percent and accelerate the retirement of that coal,” Lyash said of the plan.

Of course, replacing those plants with renewables would reduce carbon emissions even further. The TVA is taking a step in that direction by replacing a coal plant in Paradise, Kentucky, with an operation that will combine solar and natural gas.

The agency considered a solar buildout for the Cumberland coal plant, but ruled it out on the grounds that it would require too much time and money. It also weighed distributed solar development as an alternative for the Kingston plant, but drafts of the plan indicate gas remains the preferred alternative there, too. This comes after years of slashing solar incentives and disinvesting in energy efficiency programs.

The favoritism mirrors a regional trend as Tennessee doubles down on natural gas. State lawmakers are pushing a bill that reclassifies it as clean energy. This follows years of other fossil fuel-friendly legislation, like a bill that explicitly blocks some local governments in the state’s majority-Democratic urban areas from fully decarbonizing. As usual, the argument follows these lines: You can’t see the sun for twelve hours a day, but gas plants can run anytime you need them.

The Biden Administration disapproves of the TVA’s plan for Cumberland and Kingston, noting that the only way it would achieve net-zero emissions by 2050 would be to institute expensive carbon capture technology, which the TVA did not factor into its math, or bring the plants offline early, leaving them a stranded asset. However, the EPA  did not challenge the decision.

Some commenters thanked the TVA for keeping the lights on, but others challenged the gas buildout, saying the agency reached a crossroads, took a look each way, then picked the wrong direction. Some called on it to immediately change course and cancel its plans.

“If you don’t move now, this will not happen,” one commenter told the board. “We are taxpayers who contribute to every TVA salary.”

That isn’t actually true, although it’s easy to see why people might think it is. Tax dollars do not support the TVA, though they once did, at its outset under the New Deal. Today the agency is a corporation run by the United States government, with leadership recommended by the President of the United States, and confirmed by the Senate, to serve five-year terms. Its board meetings are open, and decisions subject to public comment. But lately, some believe its decision-making has been less than democratic, and that TVA no longer feels beholden to those it serves.

“It’s a corporation clothed with the power of government,” said Amanda Garcia, a lawyer with the Southern Environmental Law Center. The Center, with other regional organizations like Appalachian Voices and the Tennessee Sierra Club chapter, has thrown its energy into pushing TVA away from methane. Part of the difficulty, she said, is the TVA is not regulated by the state Public Service Commission – it’s essentially an unregulated monopoly. That exempts it from the sort of oversight experienced by, say, Dominion Energy, which saw the South Carolina Public Service Commission reject its long-term plan in 2020, citing a need for lower-carbon options in its energy mix. Furthermore, utilities under TVA jurisdiction have negotiated what are called “never-ending contracts,” or perpetual power supply agreements that are difficult to exit. That lack of accountability and flexibility appears to be keeping the TVA on the fossil fuel train, Garcia said.

“I think there’s a fair amount of, just, institutional inertia going into planning for the future,” she said. “And a desire to continue to be able to control the electric system in a way that is inconsistent with really where we need to be moving from a climate perspective.”

Garcia and other climate activists believe Lyash, whom the board named CEO in 2019, holds outsized power over decision making. President Trump, who fired two of the board’s nine members over their pay and other issues, threatened to fire him for the same reasons. He relented, and the remaining board members voted in 2022 to hand Lyash the final call on a wide range of matters, including the last word on the gas plant buildout. After President Biden appointed four board members, the panel in May took back that authority, but ditching coal for gas in Cumberland and Kingston remains the official position. The TVA has refused to make board members available for comment, leaving that task to Lyash. TVA did not respond to an additional request for comment by the time of publication.

In an interview, Lyash told Grist that he wants the plants to eventually serve as backup energy sources, in the form of blackout-preventing “peaker plants,” that would provide power during high demand as the agency brings more renewables online. “If you wait for the perfect, you’ll be waiting a long time,” he said.

He also cited his oft-repeated mistrust in the reliability of wind and solar in defending the plan.

“If we could build 100 percent solar and operate a reliable, affordable system, we would have no reason not to. But we can’t. But that isn’t to say that doesn’t diminish the role of a solar bill on the portfolio,” he said, referring to the proportion of gas and solar in the energy mix. “The gas bill, you can’t take it in isolation. You have to think of it as part of the overall system.”

Tennessee’s larger cities, though, don’t think they have the time to wait on TVA’s creeping energy transition. Memphis Light, Gas and Power recently backed out of its “never-ending” 20-year contract with TVA, citing a desire to integrate more renewables and lower residents’ utility bills. Nashville Mayor John Cooper personally urged the TVA to scrap its Cumberland gas plant idea and start over.

“Even if TVA decides to retire the gas plants early and switch to renewables, they will pass the cost of the plant onto Nashville customers, consolidating the cost of a decades-long investment into customer electricity bills over just a few years,” Cooper wrote in a public comment addressed to the TVA. “Leaving Nashvillians on the hook for further pollution is unacceptable, whether the plants operate for years or are retired quickly.”

Climate activists and community leaders hope the conversions to gas are not a done deal. The Kingston plan was only just offered for public comment, and a lot can change before it is finalized in the spring of 2023. The Cumberland gas plan was wrapped up in January, but environmental advocates hope increased agitation over the planned pipeline could delay or even kill it, since that project requires an EPA-approved plan. A few bureaucratic steps remain before the future of the two power plants is set, and the public can still weigh in on it.

Austin Wall doesn’t want a gas plant, but also doesn’t want to see the TVA leave Cumberland. On the contrary. The plant provided 265 well-paying union jobs. But the 35 permanent positions expected from the gas buildout feels like a pittance in comparison, not to mention the public health hazards it will bring. Wall would rather see the agency support his community with renewed investment in energy efficiency and home upgrades, along with the construction of solar and wind infrastructure. That, he says, both help rural ratepayers and provide more opportunity for carpenters, electricians, and others in skilled trades.

A recent report by nonprofit organization Appalachian Voices suggested that as many as 739 direct, long-term jobs could be created in Cumberland and the surrounding area with investments in decarbonization, particularly in the energy efficiency sector.

“We’ve given up a lot of our land and a lot of our health and well being for this coal plant,” Wall said. “And we’d like to see a little bit of it in return.”

This story was originally published by Grist with the headline Replace fossil fuels — with more fossil fuels? That’s one major utility’s plan. on May 19, 2023.

This story was produced in partnership with the nonprofit newsroom Type Investigations and is co-published with ICT.

In any given year, thousands of people are incarcerated in dozens of detention facilities run by tribal nations or the Bureau of Indian Affairs. Often left out of research on climate and carceral facilities, the tribal prisoner population is one of the most invisible and vulnerable in the country.

Now, climate change threatens to make matters worse.

According to a Grist analysis, more than half of all tribal facilities could see at least 50 days per year in temperatures above 90 degrees Fahrenheit by the end of the century if emissions continue to grow at their current pace. Ten facilities could experience more than 150 days of this kind of heat. Yet many tribal detention centers do not have the infrastructure, or funding, to endure such extreme temperatures for that long. This kind of heat exposure is especially dangerous for those with preexisting conditions like high blood pressure, which Indigenous people are more likely to have than white people.

“Tribal court jails are the worst jails in the country. They’re worse than any facilities you’ll ever go to,” said Diego Urbina, a public defender for the Pueblo of Laguna. “I worked at a [veterinary] hospital when I was 15 years old, and the vet hospital had better facilities than we have out here.”

In the Pueblo of Laguna jail, just 45 minutes west of Albuquerque, New Mexico, the air conditioner was often down, according to Brandon Chavez, a Laguna citizen who has been detained multiple times over the past few years. Even when doors were left open for cross ventilation, the effort did little to blunt the hot desert air, Chavez said.

“Climate change and excessive heat factors into Pueblo planning for all aspects of Laguna government and the Laguna community,” officials from the Pueblo of Laguna wrote in an email to Grist and Type Investigations. When asked whether Laguna currently has plans to manage climate impacts like excessive heat, officials wrote, “The [detention facility’s] HVAC system is less than 10 years old and normally keeps the occupants warm in the colder months and cool in the hotter months. Malfunctions will occasionally happen and are quickly repaired.”

While New Mexico’s Cibola County rarely sees a heat index over 90 degrees, both Chavez and Urbina said that the Laguna Tribal Detention Center, located there, can be unbearably hot. And temperatures are only expected to go up: According to data from the Union of Concerned Scientists, Cibola County — and the Laguna jail — could see about 50 days per year above 90 degrees by the end of the century if emissions and temperatures continue to rise at their current pace, a drastic change from the present day.

According to Chavez, the Laguna jail is already a grim place. “There was literally pipes exposed,” said Chavez. “There was mold on places, and we used to tell [the guards]. They didn’t care. I’ve been into some pretty huge jails around some places, and nothing still compares to the mistreatment [at] my Pueblo jail.”

Urbina said his clients detained in the jail have complained about backed-up toilets, overdue repairs, and overcrowding, including having to share a shower with 20-plus other people. “At one time, they packed that thing like sardines,” Urbina said of the Laguna jail.

In response, James Burson, an in-house attorney for the Pueblo of Laguna, told Grist and Type that a renovation of showers, toilets, and sinks in the facility was completed in February 2022.

Tribes have their own justice systems, including courts, law enforcement, jails, and prisons. In a given year, thousands of people are incarcerated in these detention facilities. In 2021, more than half of those detainees were held for nonviolent offenses, and a majority had not been convicted of a crime.

Tribal jails have a long history of mismanagement. In 2004, the Department of Interior, which oversees the Bureau of Indian Affairs, issued a report that called the state of tribal jails a “national disgrace.” It examined everything from deaths in facilities, attempted suicides, and escapes — serious incidents that were not reported to supervisors 98 percent of the time — to smaller issues including broken lights, malfunctioning cameras, faulty plumbing, and leaking water pumps. “Nothing less than a Herculean effort to turn these conditions around would be morally acceptable,” investigators wrote at the time.

​​In the aftermath of the report, funding for facilities increased, the percentage of certified officers grew, and new jails were built. However, multiple reports and investigations over the years have shown that little else has changed since 2004. According to an NPR report in June 2021, at least 19 people had died in tribal detention centers since 2016, while one out of five correctional officers had not completed required basic training. Reporters also highlighted facilities with broken pipes, dirty water, and other infrastructure problems.

“Under Interior’s new leadership, we are seeking increased funding and conducting a comprehensive review of law enforcement policies, practices and resources to ensure that [Bureau of Indian Affairs] detention center staff are adequately trained, that our facilities are upgraded, and that we respect the rights and dignity of those within our system to the fullest extent,” Darryl LaCounte, the director of the Bureau of Indian Affairs, or BIA, said in a written statement to NPR at the time.

In an April report, the Office of Inspector General, or OIG, highlighted serious health and safety concerns at three tribal detention facilities: San Carlos Apache Adult/Juvenile Detention Center, the White Mountain Apache Adult Detention Center, and the Tohono O’odham Adult Detention Facility. The report comes as part of an ongoing performance audit of BIA-funded or BIA-operated detention programs, and says that the problems identified need immediate attention. Issues include holes in walls, broken air-conditioning, nonoperational toilets and sinks, and moldy shower ceilings. Many of those challenges were also included in a 2016 OIG report.

“The safety issues raised in this report are disturbing enough on their own, but the fact that they span multiple administrations is inexcusable,” U.S. Representative Raúl M. Grijalva, a ranking member of the House Natural Resources Committee, said in a statement on the recent report.

In 2022, The Intercept assessed the growing risk of extreme heat in jails and prisons across the United States. But of the roughly 6,500 facilities The Intercept analyzed, only 16 were tribal detention centers and jails, excluding the vast majority of tribal facilities across the country. Grist and Type Investigations built on The Intercept’s reporting to fill this gap.

Based on an analysis from the Union of Concerned Scientists, information collected via Freedom of Information Act, or FOIA, requests from the BIA, and research conducted in partnership with the Carceral Ecologies Lab at the University of California, Los Angeles, we tracked heat risk for 81 tribal jails and prisons spread across 20 states.

In 2019, the Union of Concerned Scientists published a county-by-county analysis of just how hot the contiguous U.S. could become under different levels of global climate action, from rapid action to reduce global emissions to effectively no action. The researchers then looked at the heat index, or the “feels like” temperature, which takes both humidity and air temperature into account, to paint a holistic picture of how heat would actually be experienced by communities on the ground. The National Weather Service also uses the heat index when issuing advisories or excessive heat warnings.

The researchers found that by mid-century, under a no-action scenario, “the average number of days per year with a heat index above 100°F will more than double, while the number of days per year above 105°F will quadruple.” In other words, in just a few decades, dangerous heat will become much more commonplace unless aggressive action is taken to limit climate change.

Jails across the country already face challenges when it comes to managing heat. The Intercept’s analysis found that “hundreds of thousands of incarcerated people are being subjected to prolonged periods of high heat every year.” Tribal jails are no different.

According to information Grist obtained through FOIA, most tribal facilities are in the Western U.S., where climates tend to be arid or hot. Nearly 20 percent of tribal facilities already face more than 50 days per year with a heat index above 90 degrees — the point at which heatstroke and heat exhaustion become much greater risks, particularly for vulnerable groups, such as elderly and obese people, and those with preexisting health conditions.

Within 80 years, if emissions continue to grow at their current rate, three out of four tribal facilities could experience 50 days or more in those temperatures.

Hundred-degree temperatures are a key marker for the National Weather Service. Generally, heat advisories are issued once the heat index reaches 100 degrees for 48 hours. Just five tribal facilities typically experience more than 50 days per year where the heat index tops 100 degrees F. But at the world’s current rate of emissions growth, that number will more than triple by the end of the century, with 17 tribal facilities experiencing 50 or more days per year where the heat index tops 100 degrees. Places like the Colorado River Indian Tribes Female Adult Detention Center and the Salt River Pima-Maricopa Department of Corrections Juvenile facility, located in Parker and Scottsdale, Arizona, respectively, could experience well over 100 days per year in 100-degree heat.

In states not historically considered “hot,” like Montana, Idaho, or Washington, tribal detention facilities could also see dramatic increases in excessive heat, according to Grist’s analysis. Facilities typically accustomed to experiencing only a day or two of temperatures above 90 degrees could see up to 24 days per year where the heat index tops 90, just within the next few decades.

“That ramp-up from zero to 10 [days out of the year] — that’s really significant for places where the infrastructure is less prepared,” said Kristina Dahl, the principal climate scientist for the Union of Concerned Scientists’ climate and energy program. “Generally, in any given year, heat kills more people in the U.S. than any other hazard like a hurricane, a flood, tornadoes, etc.”

Dahl and her fellow researchers have called for aggressive action to limit global warming, but for some communities in the U.S., more frequent extreme heat is inevitable.

Even if world leaders take rapid action to curb global temperature rise and reach goals set by the 2015 Paris Agreement, the number of tribal jails and detention centers experiencing more than 50 days over 90 degrees could increase by roughly 70 percent by the end of the century.

The Union of Concerned Scientists used statistical models to predict the number of days each county in the contiguous United States would experience temperatures above 90, 100, and 105 degrees F by the end of the century. But a county’s risk of experiencing extreme heat can change, depending on the degree to which world leaders are able to lower fossil fuel emissions and stop global warming.

A “rapid action” scenario represents the fulfillment of the goals set forth in the Paris climate accord, or limiting temperature rise to 3.6 degrees F above preindustrial temperatures.

Under the “slow action” scenario, greenhouse gas emissions will have declined by mid-century and temperature rise would be limited to roughly 4.3 degrees F by the start of the next century. Scientists consider this scenario to be the most likely.

According to Grist’s analysis — which combines Union of Concerned Scientists’ data with information on detention center locations obtained via FOIA requests — under this scenario, roughly one-third of tribal facilities would see more than 50 days per year with a heat index reaching at least 90 degrees F.

Roughly 14 percent would see more than 50 days with a heat index topping 100 degrees F.

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One of the biggest hurdles to understanding and addressing the heat risks tribal facilities face is gathering even the most basic information about them.

The Bureau of Indian Affairs places tribal corrections facilities into four categories: direct, 638, self-governance, and tribal. Direct means the facility is run directly by the BIA; there are 23 of these programs. Meanwhile, 638 programs, which receive BIA funding but are contracted out to tribes to operate, make up roughly half of all facilities, according to BIA documents. Self-governance facilities can also receive federal funding and allow tribes more control. Tribal facilities are run and funded directly by tribes themselves.

The U.S. Department of Homeland Security publishes hundreds of datasets related to critical infrastructure for public use. Among them is a database containing addresses for over 6,700 correctional institutions in the United States. Of these records, only 16 are tribal facilities, representing less than 20 percent of tribal detention centers in operation.

The BIA does not make publicly available the exact number and locations of many tribal jails and detention centers, including the physical address of the jail at Pueblo of Laguna — Department of Interior Secretary Deb Haaland’s home community. In an email to Grist and Type, a BIA spokesperson attributed this lack of transparency to “security reasons.” When asked to explain the nature of these security concerns, BIA did not expand, but instead wrote in an email that tribes are “not required to report address changes to the BIA.” The agency added that it provides oversight, including onsite visits to monitor compliance with federal standards.

Last year, Grist filed a Freedom of Information Act request for the specific locations of all tribal detention facilities, including those previously kept private by the Bureau of Indian Affairs. The BIA released the locations of 23 active detention centers managed by the agency, but withheld the addresses of tribally operated detention centers. Those include 638, self-governance, and tribal facilities.

A second FOIA request for these locations revealed only the cities in which these facilities are located, and no street or mailing addresses. The Salt River Pima-Maricopa Department of Corrections juvenile and adult facilities, for instance, are located in “Scottsdale, AZ,” but where those centers are in the city’s roughly 185 square miles was not revealed. Grist has appealed the agency’s response.

Grist partnered with the Carceral Ecologies Lab at the University of California, Los Angeles, to begin answering these questions.

The U.S. Department of Justice tracks information about the population in tribal jails through the Annual Survey of Jails in Indian Country. According to its midyear surveys from 2010 to 2019, an average of 70 percent of tribal jail detainees were held for nonviolent offenses. By midyear 2021, that percentage had dropped slightly to roughly 60 percent of detainees. According to the Justice Department, the average length of stay for a tribal detainee in 2021 was roughly 11 days, with 53 percent of those held in these facilities that year having not been convicted of a crime.

Heating and cooling are common problems in tribal jails, according to tribal public defenders, who also said water quality, bathroom maintenance, overcrowding, and staff training are of concern.

Those conditions can make incarcerated people, as well as those who work at carceral facilities, more susceptible to health risks associated with extreme heat. Preexisting conditions such as asthma, hypertension, and obesity can increase susceptibility to heatstroke and heart attack.

“[Incarcerated people] have limited mobility and suffer from a disproportionate amount of mental health and medical comorbidities that are exacerbated by exposure to extreme temperatures,” environmental epidemiologist Julianne Skarha and her coauthors wrote in a 2020 paper in the American Journal of Public Health assessing the health effects of extreme heat among incarcerated populations.

There is limited research on the intersection of extreme temperatures and carceral facilities, and in research Grist reviewed, tribal jails were not included.

However, between 1988 and 2019, Skarha and her team inspected at least 100 legal cases citing violations of the Eighth Amendment — that no imprisoned person can be subject to “cruel and unusual punishment” — based on exposure to extreme temperatures. In Texas alone, Skarha found that approximately 270 heat-related deaths occurred between 2001 and 2019 in carceral facilities that do not have air-conditioning. Yet no national database tracks air-conditioning availability in jails, let alone tribal jails.

In Arizona, one of the hottest states in the country, three tribes have seven facilities that face the greatest risk for excessive heat among tribal jails. These facilities include the Colorado River Indian Tribes’ male, female, and juvenile detention centers, and adult and juvenile centers for the Salt River Pima-Maricopa Indian Community’s Department of Corrections and the Gila River Department of Corrections.

The Salt River Pima-Maricopa Indian Community Department of Corrections adult and juvenile facilities are located in Maricopa County. Last summer, temperatures in Maricopa County reached a high of 115 degrees, with the National Weather Service issuing 17 heat warnings for the Phoenix area in 2022. As of October 2022, the total number of heat-associated deaths in the county reached nearly 380 — up at least 50 percent from the same month in 2021.

“As a tribe, we’re starting to realize climate change,” said Wi-Bwa Grey, a member of the Salt River Pima-Maricopa Indian Community tribal council. “We’re in the desert, where the sun hits us the most. Now, leadership, our council, is starting to really take that into consideration.”

About a four-hour drive northeast of Salt River, the Zuni Pueblo adult and juvenile detention facilities in McKinley County, New Mexico, have historically seen very few days where the heat index tops 90 degrees. But by the end of the century, Zuni Pueblo could experience more than roughly 55 days a year with temperatures above 90 degrees if emissions continue at their current rate, representing a massive change to the area’s typical climate.

Tyler Lastiyano, Zuni Pueblo’s director of public safety, said the Zuni jail, a 638 facility, recently updated its HVAC system. To deal with rising temperatures and higher energy costs, he hopes that the facility can transition to renewable energy. “If we can get the funding to do that, it’ll help us in the long run,” he said. For now, however, Lastiyano has to make trade-offs.

“Our tribal government can help. They can advocate, and they have advocated, but it’s the Bureau [of Indian Affairs] that has to approve our funding,” he said.

Of the 27 tribal jails visited by Department of Interior investigators in 2004, 10 were run directly by the BIA while 17 were 638 programs, run by local tribes with a combination of federal and tribal funding. Investigators noted that, in general, the 638 facilities were better managed.

In 2022, after NPR’s reporting, the BIA announced reforms to its corrections program, including updated policies for death investigations, revised processes for cell checks, and improvements to staff training.

But Ed Naranjo, a member of the Confederated Tribes of the Goshute Reservation and a former supervisory special agent for the BIA who helped spark the 2004 investigation, says that not enough has been done since the report’s release. “You got people sitting in D.C. in these offices, and they don’t really give a damn about what’s going on in the field,” Naranjo said. “It seems that they just neglect what’s going on as long as nobody makes any waves, and everything’s supposedly fine.”

In a statement, a BIA spokesperson wrote, “In accordance with procedures developed in partnership with Tribes, facility conditions are monitored quarterly to assess facility needs and to prioritize projects to be completed with available funding.” The BIA also wrote that it does not track how much funding tribes contribute toward detention facilities or whether optimal staffing levels are fulfilled. In response to a question about how many functioning HVAC systems there are in tribal detention centers, the spokesperson wrote that there is no centralized monitoring program relating to the maintenance of HVAC systems, but that “essential airflow systems are closely monitored and maintained by Tribal/BIA maintenance crews.”

For 2023, the BIA has budgeted over $15 million for “public safety and justice facilities improvement and repair,” roughly two-thirds of which is earmarked for “minor improvement and repair,” which can include accessibility updates and disposal of property. Just $1 million is designated for environmental projects like managing air and water quality, which comes to just over $12,000 per facility if divided equally among the 81 facilities listed by the BIA.

In its 2023 budget, the BIA plans for the construction of nine new detention centers, including three 638 facilities, most of which are replacing existing facilities. According to the BIA’s 2023 Budget Justifications report, without these new facilities, “Employee and Inmate safety will also continue to be impaired by inadequate facilities incapable of addressing modern detention requirements.”

Derrick Marks, a Yankton Sioux Council Member, says one of the biggest issues with relying on federal funding is that money is tied to the whims and policies of the administration in power. “As Native Americans, the less that we can have other people making decisions on our behalf, the better it is,” said Marks.

The Yankton jail, located in Wagner, South Dakota, less than 15 miles north of the Nebraska border, is currently run directly by the BIA. While Marks says he would prefer the tribe manage the jail itself, he’s hesitant about pushing for a shift to a 638 contract. Although 638 facilities receive BIA funding, Marks says that the amount provided would not be sufficient to properly run the jail and the tribe simply doesn’t have the resources to fill in the gaps. Beyond day-to-day upkeep and administration, preparing for a more extreme climate future comes with its own hurdles. “I don’t know where the next administration is going to go with this stuff, with climate change,” Marks said. “It’s just so up in the air.”

Some Indigenous activists, however, are not convinced that tribal management and increased funding are real solutions. Some, like Brandon Benallie, who is Diné and a member of the K’é Infoshop, a Diné Anarchist and Communist Collective, believe that jails are part of a punitive justice system that has never worked for Indigenous people. Instead of spending millions on upgrading tribal jails, tribes should be spending money on resources to build culturally appropriate treatment centers for substance use disorders and working to address the root causes of crime, argues Benallie.

“We can’t just call everything an experiment of sovereignty when it harms our people,” said Benallie. Later in the interview, he explained, “We’re looking for short-term or nearsighted solutions to handle things that take an immense amount of time and responsibility.”

Experts and tribal officials who Grist spoke to for this story underscored the obligations the federal government owes to tribes but routinely violates — legal agreements between Indigenous nations and the United States that exchanged large swaths of land for guarantees like education, health care, and financial support.

“The feds can always help out more,” Urbina, the public defender at Pueblo of Laguna, said. “They have a trust obligation to the Native American tribes, and I think they can always do a better job, considering the historical trauma, the stuff that’s been done by the federal government to these tribes.” Officials from Laguna wrote to Grist that they need additional resources from the federal government for the detention facility and regularly request additional funding for staff and facility improvements.

In lieu of relying on the United States, though, tribes have adapted. When heat reached dangerous levels in Arizona this past summer, tribal council member Grey said Salt River detainees were kept inside, safe in indoor recreation areas with air-conditioning, tablets, and televisions. According to Grey, the center is able to avoid infrastructure problems found in some other tribal jails because it is a self-governance facility funded by the tribe, in part through tribally operated casinos. In addition to infrastructure, funding goes to initiatives such as language classes for detainees and culturally appropriate programs that focus on rehabilitation.

“We’re blessed because we’re able to have our own HVAC people on staff dedicated to the facility,” said Grey. “A lot of communities aren’t that blessed to have that.”

To help close the gap and protect some of the country’s most vulnerable prisoners, advocates say that the federal government needs to uphold its obligations.

“Tribes need to raise a lot more hell about this whole thing, demand things,” said Naranjo. “I don’t think a lot of tribes realize they have a voice. If they unify and get together, they can make some changes and get things done.”

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Additional research by Precious Ivy Molina, Liz Barry, and Nicholas Shapiro of Carceral Ecologies at UCLA

This story was originally published by Grist with the headline Extreme heat will take an unequal toll in tribal jails on May 10, 2023.