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Warming waters are ‘scrambling ocean life’ on all sides of the United States

News Feed
Tuesday, July 23, 2024

Off the coast of Oregon, hidden just beneath the surface, once-towering seaweed forests are beginning to resemble clear-cut wastelands.Bull kelp, a giant species of seaweed that can grow 100 feet tall underwater and is known as the “sequoias of the sea,” is dying at a record pace, and so far, it’s not coming back. The kelp forests that formed the backbone of Oregon’s offshore ecosystems, affecting everything from snails to whales, have declined by two thirds since 2010.“It got so bad, we stopped doing kayak fishing tours,” said Dave Lacey, a boat captain in Port Orford. “We used to pull in about $10,000 every summer. Now that’s totally gone. We just gave up on it. I didn’t want to take people’s money and not catch any fish.”From the Atlantic to the Pacific, from the Great Lakes to the Gulf of Mexico, rising water temperatures and more frequent heat waves are changing what’s found under the surface, as mass migrations of whole species transform generational fishing business, offshore recreation and even what’s on the menu at local restaurants.Ethan Hamel (left) and Earl Long (right) work to load whitefish into the sorting bin on Saginaw Bay, MI on Tuesday June 11, 2024. (Santino Mattioli | MLive)In 2024, Advance Local Media newsrooms in Alabama, New Jersey, Michigan and Oregon set out to document the changes. Some of what fishermen are reporting is sudden, the effects decisive and clear, while other changes are more subtle and still emerging.Scientists are just beginning to document the changing patterns, as they tease apart how warming waters affect ecosystems influenced by many variables. For now, scientists are sure things are getting hotter, and the fishermen are sure marine species are on the move. And no one can say for certain what comes next.“One of the things that keeps me up at night is … in addition to all the changes we’re seeing, we know there are going to be big surprises,” said Malin Pinsky, a professor in the Department of Ecology, Evolution, and Natural Resources at Rutgers University.“And those are going to likely disrupt our economies, likely disrupt the ecosystem — the ocean ecosystems — that we rely on,” he told NJ.com.(Andre Malok | NJ Advance Media for NJ.com)Off the Atlantic coast, the lucrative black sea bass are heading farther and farther north as water temperatures increase. That’s a boon for New Jersey, where fishing operations are expanding, but not so much for North Carolina, where sea bass numbers are plummeting.The change is so rapid that the government can’t keep up. Even in places where black sea bass are thriving, outdated limits mean they can’t be caught.“This commercial quota has needed, and can easily sustain, an increase,” Patrick Knapp, a Rhode Island fisherman, wrote to regulators. “The science is there and so are the fish.”In the Gulf of Mexico, tropical fish like snook are making their way north, where sportfish competitions off Alabama have added categories for colorful species that are normally found in the Florida Keys. While amateurs welcome the tropical catch, warming temperatures are disrupting the patterns of popular fishing targets, as oysters and corals struggle to hold on in their historic ranges.“We’ve always had that cobia run in March and April and we would see them migrate in,” said Frank Harwell, a long-time fishing boat captain who’s fished coastal Alabama most of his life. “We don’t see that at all anymore.”Even the Great Lakes are affected, as there isn’t as much ice cover as there used to be. That means the whitefish hatch earlier, making them more vulnerable to predators. At the same time, invasive mussels are gobbling up their food, throwing a historic fishery into turmoil.“If there is enough ice cover over them and they do hatch, they’re having a hard time finding food up until about age 2,” said Lakon Williams of Bay Port Fish Company, which still operates two fishing boats on Lake Huron.In Oregon, the loss of the kelp forests is leading to changes big and small, from a drop in the commercial red sea urchin harvest to a decline in recreational fishing near the shore to the complete disappearance of red abalone snails. It’s like a forest with no trees, and nowhere for the snails and fish to live, said Sarah Gravem, a marine ecologist at Oregon State University.“We went snorkeling one day and there was zero kelp, except for this one old kelp from the year before that had made it through,” Gravem told The Oregonian/OregonLive. “I dove down to the bottom on this scraggly looking, ugly kelp and on the kelp’s holdfast there was a single abalone licking the stem. And about 17 urchins were on its back and coming up behind it and this abalone was just trying to shake them off. It was the most heartbreaking moment.”In Hot WaterThe last 10 yearsBy most measures, 2023 broke records. Analysis done by the National Oceanic and Atmospheric Administration showed 2023 was the hottest year on record in North America, South America and Africa. It was the second warmest year ever in Europe and Asia.The global surface temperature rose higher above its historical average than ever before last year. And many areas are continuing to break heat records in 2024.While the change in temperature is evident and easily documented, the impacts are harder to suss out.Recording ecosystem-wide changes is a difficult and slow process that often takes years before trends clearly emerge, Dana Infante, chair of Michigan State University’s Department of Fisheries and Wildlife, told MLive.com.“This isn’t an overnight thing because we also know there are natural fluctuations, right? We want to be sure that the changes that are being detected are real,” Infante said.“The warming has been the most dramatic in the last 10 years. We’re just on the cusp of researchers really starting to get some literature out that documents changes.”For many of these changes, there are more factors than just temperature to blame. Invasive species are taking a toll in Michigan. Plastic pollution is affecting marine life off New Jersey. Changes in freshwater flow can be devastating to Gulf oysters. Hordes of purple urchins, emboldened by the disappearance of their predator, are devouring kelp in Oregon.But warming waters seem to be a common culprit.“Climate change is scrambling ocean life in many ways right now, including warming waters, loss of oxygen, and more acidification than we’ve seen historically,” said Pinsky, the Rutgers professor. “It’s pushing fish and other marine life to new locations and driving them to disappear from places that we’ve relied on them (to be) for decades and centuries.“All of this then affects our fisheries and affects our coastal economies and eventually affects the food that ends up on our dinner plates and ends up in the global supply chain.”Captain Art Unkefer from the fishing boat Rufus II watches ice being poured on black sea bass on a dock in Sea Isle City on Saturday, May 25, 2024. (Jim Lowney | For NJ Advance Media)Dinner plates have already been impacted.The Atlantic northern shrimp population in the Gulf of Maine collapsed after a record-setting marine heat wave in 2012. Research has shown that warmer temperatures hurt the shrimp’s ability to reproduce, and made the waters more palatable for the longfin squid, a voracious predator that took a toll on the northern shrimp.“My first reaction when I saw the 2012 survey data was shock, perhaps even horror, and disbelief,” said Anne Richards, a retired biologist formerly with the Northeast Fisheries Science Center’s laboratory in Woods Hole, Mass.“Though recruitment had been down in the previous years, we would not have expected to see the bottom fall out of the adult population like that. It was unprecedented,” she told NJ.com.Since 2013, the fishery is still closed and has not recovered, and its future is very much in doubt.“Not all species react the same way to climate change,” Richards said. “So there will be new suites of species coexisting that hadn’t really interacted before, with perhaps unpredictable results.”In Alabama’s Gulf Coast, researchers found a direct link between oyster harvests and marine heat waves — consecutive days where the temperature far exceeds the average for that date.Fresh from Alabama coastal waters, wild oysters sit on a dock after being brought in on Feb. 11, 2020, the last day of Alabama's 2019-20 oyster season.  (Lawrence Specker | LSpecker@AL.com)Oyster reproduction plummeted in years that included long-lasting marine heat waves, according to research by Sean Powers, chair of the University of South Alabama’s Stokes School of Marine and Environmental Sciences and other researchers.“It is a real problem with oysters that we’re experiencing such high extreme temperatures, and that’s going to make the environment much less hospitable for the oysters,” Powers told AL.com.Bottom-dwelling Atlantic surf clams have also suffered from warmers waters off New Jersey’s coast in recent years.In the Florida Keys, there has been a lot of attention on coral reefs, bleached by the heat.Mandy Karnauskas, Research Fishery Biologist and Ecosystem Science Lead for NOAA’s Southeast Fisheries Science Center in Miami, said that 2023 was an especially bad year for corals in the Florida Keys.“We have really clear evidence on how that heat stress and these heat waves impact our corals, and last year, we actually had a really bad year,” Karnauskas said. “In 2023 the ocean was really hot. I know we had some buoys out in the coastal areas, but well offshore where the temperature was actually over 100 degrees Fahrenheit.”According to NOAA’s Coral Reef Watch program, some coral types such as elkhorn corals are particularly vulnerable. NOAA noted that of 160 elkhorn coral genotypes documented in the Florida Keys, only 37 remained in fall of 2023.“Climate change is scrambling ocean life in many ways right now, including warming waters, loss of oxygen, and more acidification than we’ve seen historically.”Malin Pinsky, professor in the Department of Ecology, Evolution, and Natural Resources at Rutgers UniversityIn April 2024, NOAA warned the planet was experiencing a global coral bleaching event, the fourth documented in the past decade.Coral bleaching is when a normally vibrant, colorful coral turns white due to stress. It doesn’t necessarily mean that the coral is dead — they can recover if conditions improve — but it means the coral is in dire straits.Off the coast of Oregon, the bull kelp acts much like a coral reef, creating a refuge that sustains a chain of wildlife. Now researchers and nonprofit groups are beginning to try to restore that ecosystem by regrowing kelp forests that are disappearing fast.Members of the Oregon Kelp Alliance enter the Pacific Ocean on May 24, 2024 to snorkel and dive in one of Oregon’s last remaining kelp forests, at Cape Arago State Park near Coos Bay. (Gosia Wozniacka / The Oregonian)Part of the problem for the kelp was the disappearance of the sunflower sea star, which turned out to be a key cog in the ecosystem. The sea stars eat purple sea urchins, a round, spiky invertebrate that eats kelp like a teenager eats french fries.“I don’t think the outbreak was triggered by global warming. But the warmness made everything worse,” said Gravem, the marine ecologist at Oregon State. “It’s clear the stars died a lot faster in warmer waters than in colder.”When the sea stars suffered huge losses beginning in 2013, the urchin populations exploded, with the hungry echinoderms devouring the underwater forests. Now, efforts are underway to replant the kelp and breed and reintroduce the sea stars to rescue Oregon’s iconic marine ecosystem. But it’s a tall order.Aaron Galloway, a marine ecologist at the University of Oregon who regularly dives off the Pacific coast for his research on the sea stars, said he’s not sure what comes next for the great kelp forests.A bull kelp’s air-filled bladder floats up to the surface off the Oregon coast, its fronds or blades providing a perfect hiding place for tiny baby fish. (Oregon Department of Fish and Wildlife Marine Reserves Program)“I’m somewhat optimistic that there’s going to be some recoveries, but it’s also a time of great sadness,” he told The Oregonian/OregonLive.“I mean, there’s so much change happening in the ocean. I’m not sure what’s going to be here in the future.”

What's under the surface has always been a little mysterious. But that's never been more true, as rising temps shuffle species on all sides of the country.

Off the coast of Oregon, hidden just beneath the surface, once-towering seaweed forests are beginning to resemble clear-cut wastelands.

Bull kelp, a giant species of seaweed that can grow 100 feet tall underwater and is known as the “sequoias of the sea,” is dying at a record pace, and so far, it’s not coming back. The kelp forests that formed the backbone of Oregon’s offshore ecosystems, affecting everything from snails to whales, have declined by two thirds since 2010.

“It got so bad, we stopped doing kayak fishing tours,” said Dave Lacey, a boat captain in Port Orford. “We used to pull in about $10,000 every summer. Now that’s totally gone. We just gave up on it. I didn’t want to take people’s money and not catch any fish.”

From the Atlantic to the Pacific, from the Great Lakes to the Gulf of Mexico, rising water temperatures and more frequent heat waves are changing what’s found under the surface, as mass migrations of whole species transform generational fishing business, offshore recreation and even what’s on the menu at local restaurants.

Ethan Hamel (left) and Earl Long (right) work to load whitefish into the sorting bin on Saginaw Bay, MI on Tuesday June 11, 2024. (Santino Mattioli | MLive)

In 2024, Advance Local Media newsrooms in Alabama, New Jersey, Michigan and Oregon set out to document the changes. Some of what fishermen are reporting is sudden, the effects decisive and clear, while other changes are more subtle and still emerging.

Scientists are just beginning to document the changing patterns, as they tease apart how warming waters affect ecosystems influenced by many variables. For now, scientists are sure things are getting hotter, and the fishermen are sure marine species are on the move. And no one can say for certain what comes next.

“One of the things that keeps me up at night is … in addition to all the changes we’re seeing, we know there are going to be big surprises,” said Malin Pinsky, a professor in the Department of Ecology, Evolution, and Natural Resources at Rutgers University.

“And those are going to likely disrupt our economies, likely disrupt the ecosystem — the ocean ecosystems — that we rely on,” he told NJ.com.

(Andre Malok | NJ Advance Media for NJ.com)

Off the Atlantic coast, the lucrative black sea bass are heading farther and farther north as water temperatures increase. That’s a boon for New Jersey, where fishing operations are expanding, but not so much for North Carolina, where sea bass numbers are plummeting.

The change is so rapid that the government can’t keep up. Even in places where black sea bass are thriving, outdated limits mean they can’t be caught.

“This commercial quota has needed, and can easily sustain, an increase,” Patrick Knapp, a Rhode Island fisherman, wrote to regulators. “The science is there and so are the fish.”

In the Gulf of Mexico, tropical fish like snook are making their way north, where sportfish competitions off Alabama have added categories for colorful species that are normally found in the Florida Keys. While amateurs welcome the tropical catch, warming temperatures are disrupting the patterns of popular fishing targets, as oysters and corals struggle to hold on in their historic ranges.

“We’ve always had that cobia run in March and April and we would see them migrate in,” said Frank Harwell, a long-time fishing boat captain who’s fished coastal Alabama most of his life. “We don’t see that at all anymore.”

Even the Great Lakes are affected, as there isn’t as much ice cover as there used to be. That means the whitefish hatch earlier, making them more vulnerable to predators. At the same time, invasive mussels are gobbling up their food, throwing a historic fishery into turmoil.

“If there is enough ice cover over them and they do hatch, they’re having a hard time finding food up until about age 2,” said Lakon Williams of Bay Port Fish Company, which still operates two fishing boats on Lake Huron.

In Oregon, the loss of the kelp forests is leading to changes big and small, from a drop in the commercial red sea urchin harvest to a decline in recreational fishing near the shore to the complete disappearance of red abalone snails. It’s like a forest with no trees, and nowhere for the snails and fish to live, said Sarah Gravem, a marine ecologist at Oregon State University.

“We went snorkeling one day and there was zero kelp, except for this one old kelp from the year before that had made it through,” Gravem told The Oregonian/OregonLive. “I dove down to the bottom on this scraggly looking, ugly kelp and on the kelp’s holdfast there was a single abalone licking the stem. And about 17 urchins were on its back and coming up behind it and this abalone was just trying to shake them off. It was the most heartbreaking moment.”

In Hot Water

The last 10 years

By most measures, 2023 broke records. Analysis done by the National Oceanic and Atmospheric Administration showed 2023 was the hottest year on record in North America, South America and Africa. It was the second warmest year ever in Europe and Asia.

The global surface temperature rose higher above its historical average than ever before last year. And many areas are continuing to break heat records in 2024.

While the change in temperature is evident and easily documented, the impacts are harder to suss out.

Recording ecosystem-wide changes is a difficult and slow process that often takes years before trends clearly emerge, Dana Infante, chair of Michigan State University’s Department of Fisheries and Wildlife, told MLive.com.

“This isn’t an overnight thing because we also know there are natural fluctuations, right? We want to be sure that the changes that are being detected are real,” Infante said.

“The warming has been the most dramatic in the last 10 years. We’re just on the cusp of researchers really starting to get some literature out that documents changes.”

For many of these changes, there are more factors than just temperature to blame. Invasive species are taking a toll in Michigan. Plastic pollution is affecting marine life off New Jersey. Changes in freshwater flow can be devastating to Gulf oysters. Hordes of purple urchins, emboldened by the disappearance of their predator, are devouring kelp in Oregon.

But warming waters seem to be a common culprit.

“Climate change is scrambling ocean life in many ways right now, including warming waters, loss of oxygen, and more acidification than we’ve seen historically,” said Pinsky, the Rutgers professor. “It’s pushing fish and other marine life to new locations and driving them to disappear from places that we’ve relied on them (to be) for decades and centuries.

“All of this then affects our fisheries and affects our coastal economies and eventually affects the food that ends up on our dinner plates and ends up in the global supply chain.”

Captain Art Unkefer from the fishing boat Rufus II watches ice being poured on black sea bass on a dock in Sea Isle City on Saturday, May 25, 2024. (Jim Lowney | For NJ Advance Media)

Dinner plates have already been impacted.

The Atlantic northern shrimp population in the Gulf of Maine collapsed after a record-setting marine heat wave in 2012. Research has shown that warmer temperatures hurt the shrimp’s ability to reproduce, and made the waters more palatable for the longfin squid, a voracious predator that took a toll on the northern shrimp.

“My first reaction when I saw the 2012 survey data was shock, perhaps even horror, and disbelief,” said Anne Richards, a retired biologist formerly with the Northeast Fisheries Science Center’s laboratory in Woods Hole, Mass.

“Though recruitment had been down in the previous years, we would not have expected to see the bottom fall out of the adult population like that. It was unprecedented,” she told NJ.com.

Since 2013, the fishery is still closed and has not recovered, and its future is very much in doubt.

“Not all species react the same way to climate change,” Richards said. “So there will be new suites of species coexisting that hadn’t really interacted before, with perhaps unpredictable results.”

In Alabama’s Gulf Coast, researchers found a direct link between oyster harvests and marine heat waves — consecutive days where the temperature far exceeds the average for that date.

Fresh from Alabama coastal waters, wild oysters sit on a dock after being brought in on Feb. 11, 2020, the last day of Alabama's 2019-20 oyster season.  (Lawrence Specker | LSpecker@AL.com)

Oyster reproduction plummeted in years that included long-lasting marine heat waves, according to research by Sean Powers, chair of the University of South Alabama’s Stokes School of Marine and Environmental Sciences and other researchers.

“It is a real problem with oysters that we’re experiencing such high extreme temperatures, and that’s going to make the environment much less hospitable for the oysters,” Powers told AL.com.

Bottom-dwelling Atlantic surf clams have also suffered from warmers waters off New Jersey’s coast in recent years.

In the Florida Keys, there has been a lot of attention on coral reefs, bleached by the heat.

Mandy Karnauskas, Research Fishery Biologist and Ecosystem Science Lead for NOAA’s Southeast Fisheries Science Center in Miami, said that 2023 was an especially bad year for corals in the Florida Keys.

“We have really clear evidence on how that heat stress and these heat waves impact our corals, and last year, we actually had a really bad year,” Karnauskas said. “In 2023 the ocean was really hot. I know we had some buoys out in the coastal areas, but well offshore where the temperature was actually over 100 degrees Fahrenheit.”

According to NOAA’s Coral Reef Watch program, some coral types such as elkhorn corals are particularly vulnerable. NOAA noted that of 160 elkhorn coral genotypes documented in the Florida Keys, only 37 remained in fall of 2023.

“Climate change is scrambling ocean life in many ways right now, including warming waters, loss of oxygen, and more acidification than we’ve seen historically.”

Malin Pinsky, professor in the Department of Ecology, Evolution, and Natural Resources at Rutgers University

In April 2024, NOAA warned the planet was experiencing a global coral bleaching event, the fourth documented in the past decade.

Coral bleaching is when a normally vibrant, colorful coral turns white due to stress. It doesn’t necessarily mean that the coral is dead — they can recover if conditions improve — but it means the coral is in dire straits.

Off the coast of Oregon, the bull kelp acts much like a coral reef, creating a refuge that sustains a chain of wildlife. Now researchers and nonprofit groups are beginning to try to restore that ecosystem by regrowing kelp forests that are disappearing fast.

Members of the Oregon Kelp Alliance enter the Pacific Ocean on May 24, 2024 to snorkel and dive in one of Oregon’s last remaining kelp forests, at Cape Arago State Park near Coos Bay. (Gosia Wozniacka / The Oregonian)

Part of the problem for the kelp was the disappearance of the sunflower sea star, which turned out to be a key cog in the ecosystem. The sea stars eat purple sea urchins, a round, spiky invertebrate that eats kelp like a teenager eats french fries.

“I don’t think the outbreak was triggered by global warming. But the warmness made everything worse,” said Gravem, the marine ecologist at Oregon State. “It’s clear the stars died a lot faster in warmer waters than in colder.”

When the sea stars suffered huge losses beginning in 2013, the urchin populations exploded, with the hungry echinoderms devouring the underwater forests. Now, efforts are underway to replant the kelp and breed and reintroduce the sea stars to rescue Oregon’s iconic marine ecosystem. But it’s a tall order.

Aaron Galloway, a marine ecologist at the University of Oregon who regularly dives off the Pacific coast for his research on the sea stars, said he’s not sure what comes next for the great kelp forests.

A bull kelp’s air-filled bladder floats up to the surface off the Oregon coast, its fronds or blades providing a perfect hiding place for tiny baby fish. (Oregon Department of Fish and Wildlife Marine Reserves Program)

“I’m somewhat optimistic that there’s going to be some recoveries, but it’s also a time of great sadness,” he told The Oregonian/OregonLive.

“I mean, there’s so much change happening in the ocean. I’m not sure what’s going to be here in the future.”

Read the full story here.
Photos courtesy of

How Last Year’s Wildfires Reignited a Battle Over Water Rights on Maui

Native Hawaiians have always understood the value of water. In the Hawaiian language, the word for fresh water is “wai”—and the word for wealth is “waiwai.” An essential asset, water was a resource Hawaiians shared, and they made sure to return what they didn’t use back to the stream. But the 19th-century sugar barons who […]

Native Hawaiians have always understood the value of water. In the Hawaiian language, the word for fresh water is “wai”—and the word for wealth is “waiwai.” An essential asset, water was a resource Hawaiians shared, and they made sure to return what they didn’t use back to the stream. But the 19th-century sugar barons who diverted water to irrigate their plantations did not share those traditions. On Maui, the most important was Alexander & Baldwin, founded in 1870 by the sons of missionaries, which wielded great political and economic power for more than a century. At its height, it sustained its operations by draining plentiful streams of 165 million gallons a day to irrigate its plantation in Maui’s central plain, moving it through 70 miles of tunnels, ditches, flumes, and reservoirs. As stream levels dropped and taro patches dried up, Native Hawaiians, unable to grow their own food, were forced to move. The network became a subsidiary company—East Maui Irrigation—which still controls this water diversion system. Today, EMI is jointly owned by Alexander & Baldwin and agribusiness company Mahi Pono. EMI has been the source of long-running legal battles on Maui, as farmers and environmental groups seek to stop it from sucking up fresh water from the island’s streams. “For more than two decades, Native Hawaiians and the environmental community have been using legal avenues to try to restore at least some flow to these streams,” says Sierra Club attorney David Frankel. “At every turn, A&B and [the Board of Land and Natural Resources] have worked hand-in-hand to thwart those efforts.”   An A&B spokesperson disputes this. “There are laws and statutes in Hawaii that govern the flow of water in streams and these legal processes were followed by the BLNR, A&B, and the Native Hawaiian and environmental communities,” the spokesperson says. “Significant amounts of water have been restored to East Maui streams. A number of priority streams…have been permanently and fully restored and will not be diverted in the future.” The battle over Maui’s water supply intensified last August, when wildfires tore through the island and devastated the community of Lahaina. Earlier that summer, EMI’s legal opponents had scored a victory when a state court reduced the amount it could suck up from Maui’s streams by a quarter. But a day after the historic town was all but wiped out, the state of Hawaii petitioned its Supreme Court to stop the court order and increase the amount of water diverted, ostensibly for the purpose of fighting fires in Upcountry Maui. The state’s petition seemed like a backdoor way to reverse the earlier ruling against EMI, especially when it soon became clear there was more than enough water available to fight the Upcountry fires. And it raised local suspicions that the state was doing the bidding of corporations. Frankel called the effort a “brazen attempt to capitalize on tragedy to subvert the judicial process.” The state Supreme Court ultimately denied the petition. But a year after the Maui fires, the fight at the heart of that case—over who controls the island’s water supply, public or private interests—remains as fierce as ever. The hall of historic Waiola Church in Lahaina and nearby Lahaina Hongwanji Mission are engulfed in flames in 2023.Matthew Thayer/The Maui News/AP Hawaii’s sugar plantations started closing one by one in the 1950s, as production moved to countries where costs were lower. The last of them, A&B’s Central Maui sugar operation, shut down in 2016. The company is now in the commercial real estate and development business, with a portfolio spanning 39 properties and 3,500 acres across Hawaii. On Maui, A&B’s legacy remains complicated. For some it is an extractive force that has denied Native farmers their cultural lifestyle. For others, it is a benevolent presence that provided jobs, medical care, housing, and scholarships for students. “A&B was a major employer on Maui for over a century,” says Lucienne de Naie, the chairperson of Sierra Club Maui Group. “There were people who were very grateful to A&B. They gave immigrants a chance to work in the fields.” But cross the company, de Naie says, and “you were blackballed. It was hard to get any kind of job on Maui.” Because of its history on the island, any issue having to do with A&B, including water, has deeply divided the island community. “While we can’t speak for our predecessors, we are encouraged by the re-emergence of taro cultivation as a cultural practice and important food source in East Maui,” says an A&B spokesperson. De Naie lives in Huelo, a small town in northeastern Maui, where there is no public water supply. Residents retrieve water from streams or through water catchment. If those sources are dry, they have to purchase water. “We live in an area where our water is taken for other people to use, but we have to buy water from people that come in trucks and deliver it,” de Naie says. Hawaii’s constitution declares that water is a public trust for the benefit of all citizens, and the state government is the only entity that can administer this resource. But there’s a loophole: Businesses, such as A&B, can control and sell the use of their water diversion systems. “The operators of the diversion system end up having a significant amount of leverage over who gets how much water,” says Jonathan Scheuer, co-author of the book Water and Power in West Maui. “This is partly because of the amount of information they have available on how the system operates. Other players have to trust them often when they say this is how much water is available.” The state leases water rights to EMI and other companies. For decades, EMI has received one-year revocable permits from BLNR to divert water from Maui’s streams. In exchange for the use of water for its own purposes, EMI must deliver water to rural residents in Upcountry Maui, for which it is paid 6 cents per thousand gallons by the Maui Department of Water Supply. In 2018, the newly incorporated company Mahi Pono bought 41,000 acres of former plantation lands from A&B for $262 million, making it Maui’s largest landowner. The deal also included a 50 percent interest in EMI for $2.7 million. The company currently employs 350 Maui residents. By the end of 2024, it projects it will complete planting 14,830 acres with a variety of crops, including citrus, coffee, macadamia nut, watermelon, and onions. Though Mahi Pono’s name is Hawaiian—it means “to grow responsibly”—the company is not. It is majority owned by Canada’s Public Sector Pension Investment Board (PSP), which manages approximately $200 billion in assets and has been buying up water rights worldwide as long-term investments. “It makes perfect sense for them to invest in water,” says Shay Chan Hodges. She served as vice chair of the Maui County Board of Water Supply from 2018 to 2019, and chair from 2019 to 2021. “Obviously there’s value to 40,000 acres of land, but the real value is the water attached to that land.” Water moves slowly through Lowrie Ditch in 2016 as it passes through a Haiku weir on its way to a siphon on the island of Maui.Matthew Thayer/Maui News/AP That’s something A&B and Mahi Pono evidently agree on, too. Per their sales contract, if A&B is unable to secure water leases with the state of at least 30 million gallons per day or if it’s unable to secure a long-term water lease of 30 years, it must pay Mahi Pono rebates of up to $62 million. Indeed, Mahi Pono’s allocation had been cut below that contractual threshold shortly before the state and A&B petitioned to increase the water usage of the East Maui Irrigation System last August in the wake of the Lahaina blaze. “If Mahi Pono can obtain a 30-year lease from the state allowing for tens of millions of gallons a day (upwards of 90 mgd), the lease itself is an asset that can be monetized and potentially transferred or sold. This adds significant value to Mahi Pono’s holdings,” says Hodges. After the Mahi Pono deal, A&B moved quickly to pursue a 30-year lease to divert up to 92 million gallons per day from Maui’s streams, with 85 mgd earmarked for Mahi Pono’s agricultural holdings. As part of its lease application, EMI filed an environmental impact statement that made plain the Faustian bargain at the heart of Maui’s water system. If it was not granted water rights, its water deliveries “would terminate,” a prospect that would leave tens of thousands of Maui residents without access to fresh water. This language predictably caused local alarm, and the Maui County Board Department of Water Supply created a Temporary Investigative Group in 2019 to research the feasibility of purchasing and maintaining the EMI system. “The Temporary Investigative Group believed that public ownership of the system was necessary for protecting the public health,” says Hodges, who was part of the group. “Because why are we being held hostage? The basic message was, ‘if you don’t do what we say, you won’t get any water.’” Hodges and her colleagues recommended either purchasing or condemning the EMI system, or for the mayor to step in to acquire the long-term leases and give control back to the government, but nothing came of it. For years, A&B and Mahi Pono have sought to influence local politics. “These corporations’ executives have held a number of influential positions in both the state and county governments,” says Keani Rawlins-Fernandez, a member of the Maui County Council. “A&B and Mahi Pono have long donated tremendous amounts to elected officials’ campaigns.” Hannibal Tavares, one of Maui’s former mayors, was a veteran of the sugar industry and an employee of A&B prior to winning office in 1979. The current vice president of A&B also served on the state’s Commission on Water Resource Management (the arm that decides how much water companies can divert) from 2002 to 2005 while working for A&B. Another sugar industry leader twice served on the commission. Since 2006, A&B and its top executives have given hundreds of thousands of dollars to state and county politicians. They’ve donated more than $10,000 to Gov. Josh Green in the past two years. Mahi Pono’s executives began donating to political campaigns in 2020. Thousands of those contributions flowed to Green, too. “This is a case of our elected leaders choosing to be beholden to a private entity,” Hodges says. Workers cut sugar cane at Hawaiian Commercial & Sugar, the state’s last sugar plantation, in this 2010 file photo.Audrey McAvoy/AP Even before last year’s wildfires reinvigorated the fight over Maui’s water supply, activists had begun to gain some ground in their effort to wrest control from A&B and Mahi Pono. Since the former and present mayor didn’t step in, in 2022, voters approved the creation of the East Maui Community Board water authority, which gives the people the power to negotiate water leases with the state. Hodges says she was surprised there was no pushback from corporations when it was put on the ballot, but there was some controversy with the appointment of its 11-member board. After the deadline to apply had closed, the county council received requests to open the process up again. When the county did so, new applicants included a former Mahi Pono executive and former Mayor Alan Arakawa, who had opposed the water authority and said it would “kill Mahi Pono.” (When the 11-member board was eventually approved, it included Arakawa, taro farmers and several water resource experts, including Scheuer, who became the chair.) Delayed by the fire, the water board began holding bimonthly meetings in February, and the director seat will soon be filled. But whether the community water authority and board successfully take East Maui water leases out of the hands of A&B and Mahi Pono, or if more challenges emerge, remains to be seen. If successful, it would be the first time in more than 100 years that the people of East Maui, and not a private corporation, will determine how its water is divided and shared. It could prove to be a model for the rest of the island, where other corporations hold its own separate systems. Currently, EMI has a one-year lease from the state covering 2024, allowing 31.25 million gallons per day to be diverted from East Maui’s streams to Mahi Pono’s land—and the Sierra Club Maui is keeping a sharp eye as its legal battles continue. It’s fighting to stop the issuance of one-year leases, which avoids the rigorous review afforded to long-term leases. De Naie says these court battles will make a difference for the future. “Eventually…we will see a standard set for trusteeship of public resources that should have been in place in the first place.”

New California water measures aim to increase fines for violators, protect wetlands

California legislators passed a bill to increase fines for those who violate the state's water curtailment orders. The measure awaits Gov. Newsom's signature.

Under California law, anyone caught diverting water in violation of a state order has long been subject to only minimal fines. State legislators have now decided to crack down on violators under a newly approved bill that sharply increases penalties.Assembly Bill 460 was passed by the Legislature last week and is among the water-related measures awaiting Gov. Gavin Newsom’s signature. Other bills that were approved aim to protect the state’s wetlands and add new safeguards for the water supplies of rural communities.Supporters say increasing fines for violations will help the State Water Resources Control Board more effectively enforce its orders to curtail water use when necessary.“It helps the water board enforce the laws that they have on the books,” said Analise Rivero, associate director of policy for the group California Trout, which co-sponsored the bill.The bill, which was introduced by Assemblymember Rebecca Bauer-Kahan (D-Orinda), is intended to prevent the sort of violations that occurred in 2022 in the Shasta River watershed, when farmers and ranchers who belong to the Shasta River Water Assn. defied a curtailment order for eight days and diverted more than half the river’s flow, flouting requirements aimed at protecting salmon. Aggressive and impactful reporting on climate change, the environment, health and science. The state water board fined the association the maximum amount for the violation: $4,000, which worked out to about $50 for each of its members. Those small fines didn’t deter farmers and ranchers from reducing the river’s flow to a point that threatened salmon and affected the supplies of downstream water users.The case in Siskiyou County led to widespread calls for larger fines and stronger enforcement powers.The legislation increases fines for violations of state water curtailment to as much as $10,000 per day, plus $2,500 for each acre-foot of water diverted. (An acre-foot is 325,851 gallons, or enough to cover one acre a foot deep.)“This bill closes that loophole and makes the existing law stronger, and it’s an important step in disincentivizing water theft,” Rivero said. Rivero said being able to impose larger fines is important as California grapples with the effects of climate change on water supplies.Leaders of a coalition of environmental groups urged Newsom to sign the bill. In a letter, they said enforcing harsher penalties for violators is crucial for the state water board to “fulfill its mission of protecting fish, water, and people.”Bauer-Kahan said that for too long, breaking the law and paying the fines have been seen as the cost of doing business by some illegal water diverters.“Although we did not go far enough in ensuring that our water rights system functions in times of scarcity, we did take an important step,” Bauer-Kahan said.The legislation raises penalties to “better hold those who steal water accountable,” she said. “Water is a precious resource, and we must do everything possible to ensure its protection.”Proponents of the bill made some sacrifices to secure sufficient support in the Legislature, dropping a provision that would have given the state water board authority to act faster in emergencies to prevent “irreparable injury” to streams, fish or other water users.The result was a relatively modest reform, but one that serves an important purpose, said Cody Phillips, staff attorney for the group California Coastkeeper Alliance.“Being able to get the California Legislature to agree to increase fines in water is a major deal for the practical consequences of preventing water theft, but also to show that we can change these important details about our water rights system, and the sky doesn’t fall,” Phillips said. Other proposals have recently encountered strong opposition from agricultural groups and water agencies.Phillips and other environmental advocates supported another bill, AB 1337, which sought to clarify the state water board’s authority to issue curtailment orders for all diverters, including senior rights holders that use a large portion of the state’s water. But that bill didn’t secure enough support to pass this year in the Senate Natural Resources and Water Committee.“Water is often referred to as the third rail in California politics, and we’ve seen that any changes, even modest changes, like 460 and frankly 1337, are met with ferocious pushback,” Phillips said. “But we can’t avoid these issues — climate change, overallocation, they’ve all led to a system where the way that we deal with water just doesn’t work.”Some legal experts said the bill is a step in the right direction.“We know that water is the single most important resource in the state, and yet we do not have a clear understanding of who uses it, where, and when, and we do not have a robust system for correcting unlawful use,” said Jennifer Harder, a professor at University of the Pacific’s McGeorge School of Law.Harder said the state needs to continue improving collection of water use data and should adopt measures to improve oversight of water rights. She said she is optimistic that “local water suppliers will come to understand that state-level standards can support and enhance local management.”One of the other water-related measures passed by the Legislature included a bill intended to protect California’s wetlands after the rollback of federal protections under a Supreme Court decision last year. The court’s ruling in Sackett vs. EPA rewrote the federal definition of wetlands and removed federal protections for many streams that do not flow year-round, leaving ephemeral streams vulnerable to development and pollution.If signed by Newsom, the bill, AB 2875, will codify an executive order that then-Gov. Pete Wilson issued in 1993 establishing a state policy of “no net loss” of wetlands and calling for a long-term increase in the acreage of wetlands. Despite that policy, the state has continued to lose more wetland acres to development during the last three decades.“We have wetlands that only flow certain times of year, and they are seasonal, ephemeral streams that were stripped of protections, and yet they are really, really important biologically and for habitat,” said Assemblymember Laura Friedman (D-Glendale), who introduced the legislation. Wetlands and a riparian forest are sustained by groundwater at the National Audubon Society’s Kern River Preserve. (Robert Gauthier / Los Angeles Times) Friedman and other supporters of the measure have stressed that because more than 90% of California’s original wetlands have already been drained and destroyed, strong protections for those that remain are vital. They say since the Supreme Court has scaled back the Clean Water Act’s federal protections for wetlands, the state will need to play a bigger role.“We care about our state’s natural resources here in California, and it’s a shame that we right now have a Supreme Court that doesn’t seem to be very concerned about the kind of destruction that we’re seeing to our environment,” Friedman said. “It falls on states to really play whack-a-mole and catch up, because we have relied for a long time on existing, long-standing federal regulations.”Scientists have documented major declines in North American bird populations since the 1970s, and they cite causes including the loss of habitats and warmer, drier conditions driven by climate change, among other factors.The bill was sponsored by leaders of Audubon California, who called the measure an important step toward protecting wetland habitats that birds need to survive.The bill doesn’t create a new regulatory framework but does make “a strong statement that California will protect and add wetlands,” said Mike Lynes, Audubon California’s director of public policy. “We’ve already lost so much of our natural wetland habitat. We’ve seen a decline in biodiversity, and there’s a ton of benefits by creating wetlands, not only for ecosystems, but also for flood control and for recreational opportunities, whether it’s birding, hunting, just hiking out in wetland areas.”Another bill that was approved, AB 828, is aimed at improving safeguards for managed wetlands that are sustained by groundwater pumping, as well as rural communities that depend on wells. The bill, introduced by Assemblymember Damon Connolly (D-San Rafael), would allow these managed wetlands and small communities to temporarily continue to pump amounts of water in line with historical averages without facing mandatory reductions or fees imposed by local agencies under the state’s groundwater law.Supporters said they proposed the change after several local agencies proposed groundwater allocations that would excessively limit supplies for communities or wildlife areas while also limiting pumping by agricultural landowners who are the largest water users. “It sets a pause on pumping restrictions for small community water systems and managed wetlands, and on some fees, until those issues and their needs are considered,” Lynes said.Some communities in the Central Valley have faced unworkable requirements to cut water use dramatically and start paying high fees for exceeding those limits, said Jennifer Clary, state director for the group Clean Water Action.“We wanted a long-term exemption, but there was a lot of concern in the Legislature about that,” Clary said.

Amazon says it’s going "water positive" — but there’s a problem

The company’s pledge to conserve water at its data centers doesn’t account for thirsty power plants they rely on

Earlier this year, the e-commerce corporation Amazon secured approval to open two new data centers in Santiago, Chile. The $400 million venture is the company’s first foray into locating its data facilities, which guzzle massive amounts of electricity and water in order to power cloud computing services and online programs, in Latin America — and in one of the most water-stressed countries in the world, where residents have protested against the industry’s expansion. This week, the tech giant made a separate but related announcement. It plans to invest in water conservation along the Maipo River, which is the primary source of water for the Santiago region. Amazon will partner with a water technology startup to help farmers along the river install drip irrigation systems on 165 acres of farmland. The plan is poised to conserve enough water to supply around 300 homes per year, and it’s part of Amazon’s campaign to make its cloud computing operations “water positive” by 2030, meaning the company’s web services division will conserve or replenish more water than it uses up. The reasoning behind this water initiative is clear: Data centers require large amounts of water to cool their servers, and Amazon plans to spend $100 billion to build more of them over the next decade as part of a big bet on its Amazon Web Services cloud-computing platform. Other tech companies such as Microsoft and Meta, which are also investing in data centers to sustain the artificial-intelligence boom, have made similar water pledges amid a growing controversy about the sector’s thirst for water and power. Amazon claims that its data centers are already among the most water-efficient in the industry, and it plans to roll out more conservation projects to mitigate its thirst. However, just like corporate pledges to reach “net-zero” emissions, these water pledges are more complex than they seem at first glance. While the company has indeed taken steps to cut water usage at its facilities, its calculations don’t account for the massive water needs of the power plants that keep the lights on at those very same facilities. Without a larger commitment to mitigating Amazon’s underlying stress on electricity grids, conservation efforts by the company and its fellow tech giants will only tackle part of the problem, according to experts who spoke to Grist. The powerful servers in large data centers run hot as they process unprecedented amounts of information, and keeping them from overheating requires both water and electricity. Rather than try to keep these rooms cool with traditional air-conditioning units, many companies use water as a coolant, running it past the servers to chill them out. The centers also need huge amounts of electricity to run all their servers: They already account for around 3 percent of U.S. power demand, a number that could more than double by 2030. On top of that, the coal, gas, and nuclear power plants that produce that electricity themselves consume even larger quantities of water to stay cool. Will Hewes, who leads water sustainability for Amazon Web Services, told Grist that the company uses water in its data centers in order to save on energy-intensive air conditioning units, thus reducing its reliance on fossil fuels.  “Using water for cooling in most places really reduces the amount of energy that we use, and so it helps us meet other sustainability goals,” he said. “We could always decide to not use water for cooling, but we want to, a lot, because of those energy and efficiency benefits.” It’s almost certain that this number has ballooned even higher in recent years as companies have built more centers to keep up with the artificial-intelligence boom. In order to save on energy costs, the company’s data centers have to evaporate millions of gallons of water per year. It’s hard to say for sure how much water the data center industry consumes, but the ballpark estimates are substantial. One 2021 study found that U.S. data centers consumed around 415,000 acre-feet of water in 2018, even before the artificial-intelligence boom. That’s enough to supply around a million average homes annually, or about as much as California’s Imperial Valley takes from the Colorado River each year to grow winter vegetables. Another study found that data centers operated by Microsoft, Google, and Meta withdrew twice as much water from rivers and aquifers as the entire country of Denmark.  It’s almost certain that this number has ballooned even higher in recent years as companies have built more centers to keep up with the artificial-intelligence boom, since AI programs such as ChatGPT require massive amounts of server real estate. Tech companies have built hundreds of new data centers in the last few years alone, and they are planning hundreds more. One recent estimate found that ChatGPT requires an average-sized bottle of water for every 10 to 50 chat responses it provides. The on-site water consumption at any one of these companies’ data centers could now rival that of a major beverage company such as PepsiCo.  Amazon doesn’t provide statistics on its absolute water consumption; Hewes told Grist the company is “focused on efficiency.” However, the tech giant’s water usage is likely lower than some of its competitors — in part because the company has built most of its data centers with so-called evaporative cooling systems, which require far less water than other cooling technologies and only turn on when temperatures get too high. The company pegs its water usage at around 10 percent of the industry average, and in temperate locations such as Sweden, it doesn’t use any water to cool down data centers except during peak summer temperatures.  Companies can reduce the environmental impact of their AI business by building them in temperate regions that have plenty of water, but they must balance those efficiency concerns with concerns about land and electricity costs, as well as the need to be close to major customers. Recent studies have found that data center water consumption in the U.S. is “skewed toward water stressed subbasins” in places like the Southwest, but Amazon has clustered much of its business farther east, especially in Virginia, which boasts cheap power and financial incentives for tech firms. “A lot of the locations are driven by customer needs, but also by [prices for] real estate and power,” said Hewes. “Some big portions of our data center footprint are in places that aren’t super hot, that aren’t in super water stressed regions. Virginia, Ohio — they get hot in the summer, but then there are big chunks of the year where we don’t need to use water for cooling.”  Even so, the company’s expansion in Virginia is already causing concerns over water availability. To mitigate its impacts in such basins, the company also funds dozens of conservation and recharge projects like the one in Chile. It donates recycled water from its data centers to farmers, who use it to irrigate their crops, and it has also helped restore the rivers that supply water-stressed cities such as Cape Town, South Africa; in northern Virginia, it has worked to install cover crop farmland that can reduce runoff pollution in local waterways. The company treats these projects the way other companies treat carbon offsets, counting each gallon recharged against a gallon it consumes at its data centers. Amazon said in its most recent sustainability report that it is 41 percent of the way to meeting its goal of being “water positive.” In other words, it has funded projects that recharge or conserve a little over 4 gallons of water for every 10 gallons of water it uses.  But despite all this, the company’s water stewardship goal doesn’t include the water consumed by the power plants that supply its data centers. This consumption can be as much as three to 10 times as large as the on-site water consumption at a data center, according to Shaolei Ren, a professor of engineering at the University of California, Riverside, who studies data center water usage. As an example, Ren pointed to an Amazon data center in Pennsylvania that relies on a nuclear power plant less than a mile away. That data center uses around 20 percent of the power plant’s capacity. “They say they’re using very little water, but there’s a big water evaporation happening just nearby, and that’s for powering their data center,” he said. Companies like Amazon can reduce this secondary water usage by relying on renewable energy sources, which don’t require anywhere near as much water as traditional power plants. Hewes says the company has been trying to “manage down” both water and energy needs through a separate goal of operating on 100 percent renewable energy, but Ren points out that the company’s data centers need round-the-clock power, which means intermittently available renewables like solar and wind farms can only go so far. Amazon isn’t the only company dealing with this problem. CyrusOne, another major data center firm, revealed in its sustainability report earlier this year that it used more than eight times as much water to source power as it did on-site at its data centers. “As long as we are reliant on grid electricity that includes thermoelectric sources to power our facilities, we are indirectly responsible for the consumption of large amounts of water in the production of that electricity,” the report said. As for replenishment projects like the one in Chile, they too will only go part of the way toward reducing the impact of the data center explosion. Even if Amazon’s cloud operations are “water positive” on a global scale, with projects in many of the same basins where it owns data centers, that doesn’t mean it won’t still compromise water access in specific watersheds. The company’s data centers and their power plants may still withdraw more water than the company replenishes in a given area, and replenishment projects in other aquifers around the world won’t address the physical consequences of that specific overdraft. “If they are able to capture some of the growing water and clean it and return to the community, that’s better than nothing, but I think it’s not really reducing the actual consumption,” Ren said. “It masks out a lot of real problems, because water is a really regional issue.” Correction: This story has been corrected to clarify that Amazon’s “water positive” pledge applies only to its web services division. This article originally appeared in Grist at https://grist.org/technology/amazon-data-centers-water-positive-energy/. Grist is a nonprofit, independent media organization dedicated to telling stories of climate solutions and a just future. Learn more at Grist.org Read more about environmental impacts

EPA workers' union calls for telework options over legionella bacteria in three cities

The union representing Environmental Protection Agency (EPA) staff called on the agency to allow temporary remote work after legionella bacteria was found at multiple EPA facilities around the country. Officials have reportedly closed certain sinks, water fountains and other water sources at EPA buildings in Washington, D.C., Houston and Chicago after positive tests for the...

The union representing Environmental Protection Agency (EPA) staff called on the agency to allow temporary remote work after legionella bacteria was found at multiple EPA facilities around the country. Officials have reportedly closed certain sinks, water fountains and other water sources at EPA buildings in Washington, D.C., Houston and Chicago after positive tests for the bacteria. Legionella is associated with various infections, including the pneumonia-like illness Legionnaires’ disease, although the type found in the EPA facilities is not the type most commonly associated with the disease. The General Services Administration, which oversees many federal office buildings, has said repairs are ongoing to address the test results, which also found lead and copper in the Ralph H. Metcalfe Federal Building in Chicago. In a statement Thursday, Marie Owens Powell, President of American Federation of Government Employees (AFGE) Council 238, which represents thousands of EPA employees, called on the leadership of the agency and the GSA to make telework options available while the outbreak is resolved. “EPA employees work day in and day out to keep our communities safe from environmental hazards. The irony of legionella, along with lead and copper contamination, being found in EPA buildings across the country, is not lost on us. Legionella can become airborne and deadly,” Powell said in a statement. “Expecting staff to come into the office and put themselves at risk of exposure is completely unacceptable. We have the ability and the technology to allow our workers to continue working safely from an alternate work location while the situation is being remediated.” AFGE Local 704, which represents the Chicago facility, has also filed a grievance noting that its contract requires telework options when the agency "cannot provide a safe and healthful workspace,” and also requested a shutdown of all drinking water sources in the affected buildings. The Hill has reached out to the EPA and the GSA for comment.

Water bosses could be jailed if they cover up sewage dumping under new law

CEOs in England and Wales could face two years in prison under proposals to force firms to supply data quicklyWater bosses in England and Wales could be jailed for up to two years if they cover up sewage dumping, under legislation proposed by the Labour government.At the moment, CEOs of water companies face fines for failing to comply with investigations by the Environment Agency (EA) and the Drinking Water Inspectorate (DWI), but there have been just three such fines since privatisation three decades ago. Continue reading...

Water bosses in England and Wales could be jailed for up to two years if they cover up sewage dumping, under legislation proposed by the Labour government.At the moment, CEOs of water companies face fines for failing to comply with investigations by the Environment Agency (EA) and the Drinking Water Inspectorate (DWI), but there have been just three such fines since privatisation three decades ago.Civil servants at the Department for Environment, Food and Rural Affairs (Defra) told journalists on Wednesday that they planned to tighten compliance rules to force companies to hand over sewage data quickly, and that the maximum sentence for covering up this information or failing to release it would be two years.Ministers also plan to pass legislation that would force water companies to pay the EA and DWI’s enforcement costs if they are under investigation. The EA has found it hard to inspect polluters owing to funding cuts, so ministers hope this would provide the money to increase the number of prosecutions. Defra has been looking for savings after the chancellor, Rachel Reeves, asked it for £1bn in spending reductions.The new legislation being introduced to parliament on Thursday will also give the regulators powers to ban bonuses for water company CEOs who fail to meet environmental and consumer standards, and if their company is not financially resilient. Journalists were briefed that these environmental standards had not yet been decided by the regulator, Ofwat.Last year, Liv Garfield of Severn Trent took a £584,000 bonus despite her company having been fined £2m for dumping sewage, and the firm scored highly on the EA’s environment rankings despite taking this human waste spillage into account.The environment secretary, Steve Reed, said: “Under this government, water executives will no longer line their own pockets whilst pumping out this filth. If they refuse to comply, they could end up in the dock and face prison time.“This bill is a major step forward in our wider reform to fix the broken water system. We will outline further legislation to fundamentally transform how the water industry is run and speed up the delivery of upgrades to our sewage infrastructure to clean up our waterways for good.”Campaigners and experts said the announcement did not go far enough, and that the whole system needed to change as it had “failed”.The sewage campaigner and former Undertones frontman Feargal Sharkey said he was still planning to march on parliament next month because he viewed the measures as inadequate.He said: “I have called for a mass protest for a coalition of the concerned to ensure clean, healthy rivers. We need transformational information and action. I see none of that before me. We will still be marching on 26 October to demand clean rivers and strong action.”skip past newsletter promotionThe planet's most important stories. Get all the week's environment news - the good, the bad and the essentialPrivacy Notice: Newsletters may contain info about charities, online ads, and content funded by outside parties. For more information see our Privacy Policy. We use Google reCaptcha to protect our website and the Google Privacy Policy and Terms of Service apply.after newsletter promotionGuy Linley-Adams, a solicitor for the WildFish charity, said the government was not using existing powers to force the regulators to crack down on polluting water companies.For example, he said that without any new legislation, ministers could remove the “growth duty” from regulators, which prioritises economic growth over the environment.He said: “If the new government really means what it says, that it will not tolerate poor performance across the water sector, then it can start now by issuing new and unambiguous policy steers to Ofwat and the EA right now that force a much tougher financial and environmental regulatory approach, one that prioritises investment in the environment.“The government should also disapply the regulators’ code and the statutory growth duty that currently shackle both the EA and Ofwat’s regulation of the water companies.“And they should direct the EA to stop using soft-touch enforcement undertakings for water company offending and always prosecute water companies aggressively for causing pollution. None of the above requires new law. It can all be done right now.”Charles Watson, the chair and founder of the campaign group River Action, said: “If the secretary of state believes that the few one-off actions announced today, such as curtailing bosses’ bonuses – however appealing they may sound – are going to fix the underlying causes of our poisoned waterways, then he needs to think again.“Only a comprehensive and holistic review focusing on all sources of pollution and that delivers a transformational action plan, with tangible targets and milestones, can reform our failed regulatory system and end the daily polluting of our rivers, lakes and seas.”The Tories claimed that Labour were “attempting to pass off measures implemented under the Conservatives” as their own, pointing to a ban on bonuses for water company bosses whose companies commit serious breaches as an example.The shadow environment minister, Robbie Moore, said: “It was the Conservatives that introduced 100% monitoring for storm overflows and set out a plan to transform our infrastructure to ensure safer, cleaner waters.”

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