COMMUN T ES R S NGTAKING BACK OUR WATERWAYS

2011 ANNUAL JOURNAL

I I I I

Your Riverkeeper, Your Victories

We’re at a defining moment in the battle to protect the Hudson

River and New York’s drinking water.

From the halls of Congress to local village offices, a destructive

logic has taken hold: environmental protection costs jobs –

it’s a luxury we can’t afford in times like these. While a few

thoughtful public officials still stand up for continued invest-

ment in clean water, their influence has plummeted. Why else

would New York’s environmental agency have suffered 28% staff cuts since 2008 – nearly

four times more than the state average?

We can beat back the forces that would sell out our environment, because we have a

better vision: if you want a sustainable economic recovery, make the Hudson River fishable

and swimmable again, reclaim our abandoned toxic sites and keep New York’s drinking

water the envy of cities all over the world.

Riverkeeper has been New York’s leading clean water advocate for 45 years. In the past

year alone, we helped get General Electric and ExxonMobil, two of the world’s biggest

companies, locked into landmark hazardous waste cleanup agreements. The deadly toxics

involved, PCBs in the upper Hudson and petroleum byproducts in Greenpoint, Brooklyn,

have been there for over sixty years. When they’re gone, fish in the Hudson will finally be

safe to eat again and residents of Greenpoint will no longer be host to the largest oil spill

in state history.

This is great news. Both cases received national coverage and Riverkeeper staff and sup-

porters alike should be proud of what we’ve achieved in Brooklyn and the Upper Hudson.

But, despite these victories, real dangers remain. New York officials may approve fracking

operations by gas drillers later this year, even though there’s new evidence that this ruinous

practice taints drinking water supplies and spews toxics and radioactive wastes into our

rivers and rural communities. Indian Point, the nation’s most dangerous nuke plant, kills

more than a billion fish and other aquatic life every year and cries out for closure.

Contaminated “superfund” sites still endanger communities up and down the Hudson.

Riverkeeper must redouble its efforts to fight these and other clean water battles,

whether in court, in the legislature or across the negotiating table. And, to be truly effective,

we need to work more closely with all the local advocates striving to build cleaner

communities. After all, they’re the ones who started Riverkeeper and made us what we

are today.

As you read this year’s Riverkeeper Journal, think about how you can make a difference.

Join Riverkeeper or renew your membership: give us the means to go after all the polluters

government agencies can’t – or won’t — stop. Tell us about environmental problems in

your community and we’ll work side by side with you to solve them. Help us remind

public officials and their constituents, alike: without a clean environment, there is no real

recovery.

Remember, Riverkeeper is your organization, and New York’s water is yours to save.

— Paul Gallay, Executive Director & Hudson Riverkeeper

Dr. Howard A. RubinChair

Robert F. Kennedy, Jr.Vice Chair

Peggy CullenSecretary

Jeff ResnickTreasurer

John H. Adams

Joe Boren

Lorraine Bracco

Ann Colley

Justin Derfner

Hamilton Fish

Amanda Hearst

George Hornig

David Kowitz

John McEnroe

Anne Hearst McInerney

John Moore

Michael Richter

Dennis Rivera

Renee Rockefeller

Ronald A. DeSilvaEmeritus

Arthur GlowkaEmeritus

Henry Lewis KingsleyEmeritus

Richard R. KnabelEmeritus

PRINTED ON 100% RECYCLED PAPER, NATURALLY

© RIVERKEEPER 2011. READERS’ LETTERS & COMMENTS WELCOME.RIVERKEEPER IS A REGISTERED TRADEMARK AND SERVICE MARK

OF RIVERKEEPER, INC. ALL RIGHTS RESERVED.

WWW.RIVERKEEPER.ORG

Board of Directors

Paul GallayExecutive Director &Hudson Riverkeeper

Robert F. Kennedy, Jr.Chief Prosecuting Attorney

Deborah BrancatoStaff Attorney

Allison ChamberlainMembership Services

Manager

Gwendolyn ChambersOnline Media Producer

Ramona CearleyPolicy and Enforcement

Associate

Tara D’AndreaMajor Gifts Manager

Rose Marie GrandeAdministrative Assistant

Emily GriffinOutreach & Merchandise

Coordinator

Katherine HudsonWatershed Program

Director

Chelsea KadishExecutive Assistant

John LipscombPatrol Boat Captain

Stella LiRosiManager of Operations

Phillip MusegaasHudson River Program

Director

Pamela PintoMembership &

Marketing Manager

Tina PosterliPress Officer

Annual Journal Editor

Mary Beth PostmanChief of Staff to

Robert F. Kennedy, Jr.

Rebecca TroutmanSenior Counsel

Josh VerleunStaff Attorney & Chief

Investigator

Bill WegnerStaff Scientist

Keeva Young-WrightVice President for

Development

Staff

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4Hudson River Program

12Riverkeeper Advocate Highlights

14The Docket

16Enforcement Update

18Watershed News

22Cover Story:Taking Back Our Waterways

28Event News

30Donor Roll Call

32Volunteer Corner

33Member Spotlight

34Financials

Cover art © Kim BarronCover photo by Giles Ashford / GILESASHFORD.COM

MAKE A GIFT

Annual MembershipSign up for your 12 month membershiptoday by visiting Riverkeeper.org.Membership starts at $20.

Monthly InstallmentMembership (Sustainers)Become a sustaining member by usingyour credit card to spread your dona-tion into monthly installments in theamount of your choice. Membershipcouldn’t be easier or greener!

Major Gifts/ Gifts of StockJoin Riverkeeper’s most generous sup-porters who sustain our programs andadvocacy work through very generousgifts of $5,000 or more. You may evenchoose to designate your gift to aspecific campaign.

Please consider giving a gift of stock.To do so, please call 800-752-7053.

National Financial Services (NFS),Client Account Name: RiverkeeperInc., DTC Clearing #: 0226, ClientAccount Number: CM8355860.

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Special EventsRiverkeeper connects with its mem-bers and supporters throughout theyear with our one-of-a-kind events.Visit Events at Riverkeeper.org or signup for our monthly eNewsletter to besure you don’t miss anything!

TAKE ACTION

VolunteerJoin Riverkeeper’s Volunteer Team!At Riverkeeper, we appreciate anddepend on the ongoing support of ourvolunteers. We believe in the necessityand the right of citizens to play a pri-mary role in the protection of the envi-ronment. Visit our website for a list ofour current volunteer positions. Fill outour online volunteer form to get contin-uous updates on ways to stay involved

with yourlocal water-ways and join ourvolunteer Facebook community at:http://on.fb.me/fNm9j2

Become an AmbassadorThe Riverkeeper Ambassador Programis a community-oriented, grassroots,environmental program designed toraise awareness about the needs ofthe Hudson River and its tributaries,and the drinking water supply of NewYork City and the Hudson Valley.Ambassadors are considered informalrepresentatives and advocates thatadvance Riverkeeper’s mission byeither raising funds, increasing mem-bership, hosting events, volunteeringor making presentations to communityorganizations or schools to educatestudents and citizens about local waterissues and empower them to getinvolved. Become an Ambassador byvisiting our website or contacting ourOutreach and Volunteer Coordinator, atinfo@riverkeeper.org.

Corporate Partnerships andSponsorship OpportunitiesCorporate partnership and sponsorshipopportunities benefit Riverkeeper andfacilitate corporate community relationsand responsibility programs. Riverkeeperworks closely with responsible compa-nies to further their marketing andoutreach goals while advancingRiverkeeper’s programs.

Employee CampaignsStart a new EarthShare campaign atyour workplace or choose Riverkeeperas the recipient of your company’sannual employee campaign. You canalso designate Riverkeeper to receiveUnited Way campaign contributions.

Take Action Online:Join our vibrant Online Communitytoday!

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Join us on Facebook:facebook.com/HudsonRiverkeeper

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For additional information, please:Call: (914) 478-4501 ext. 226Email: info@riverkeeper.org

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Support Riverkeeper

Riverkeeper is the official publication of Riverkeeper, Inc.,an independent, member-supported environmentalorganization. Riverkeeper is a registered trademarkand service mark of Riverkeeper, Inc.All rights reserved.

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be a partof thesolution!

Riverkeeper is a member-supported, watchdog organization dedicated to defending the Hudson River and itstributaries and protecting the drinking water supply of nine million NewYork City and Hudson Valley residents.

The Hudson RiverProgram team serves asinvestigator, scientist,lawyer, lobbyist and

public relations agentfor the Hudson Riverand its tributaries.

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RABBLE-ROUSERS AND PIONEERSAn Interview with the Hudson River Water Quality TeamBy DanielWolff

How did this all begin?JOHN: So, this all started as aresponse, really, to public inter-est. Out on the water, the ques-tion that the public is askingmost is: ‘How’s the water? CanI go swimming?’ If we’regonna try to get Hudson Valleyresidents engaged and workingfor the good of the river, wehave to respond to the prob-lems that are real to them.Early on, I started looking fora partner to help with this: ascience partner.

GREG: I was very eager to getinvolved in a local environmen-tal issue from a scientific per-spective. I was really searchingfor that kind of connection,which came via Riverkeeper.

ANDY: I was down the hall.[Laughter] No, a lot of thework I’ve done over the yearshas been involved with waterquality. I have to admit I wassomewhat surprised when wefirst started: how little infor-mation there was. The fact thatmillions and millions of peoplelive in the Hudson Valley andyet are so poorly served interms of water quality. And itwas an obvious opportunitywhere we could make a bigdifference.

Why do regular testing of theHudson?TRACY: My family lives in SleepyHollow, and we have a littleneighborhood beach club. Thegeneral assumption is if it wasn’tsafe, they wouldn’t let us swimthere. It’s a kind of ‘Ignoranceis Bliss’ situation. Out of theten counties along the HudsonRiver estuary, only four ofthem do any testing at all. Andtypically the ones that test, doit just specifically at swimminglocations. And you have peopleswimming the whole 150 miles.And they do tubing, kayaking;they swim from their boats.

ANDY: Not that long ago—a fewdecades ago—there was noneed to do testing for sewagecontamination. Because theriver was always contaminated.It’s pretty clear that waterquality has improved tremen-dously. The problem is the sys-tem is still being managed likeit was an industrial waterway.Like it was fifty years ago. Themanagement approach has notcaught up to the new reality:that people view the HudsonRiver as a recreationalresource. They’re going intothe river as if it was alwaysclean. Which it should be.

JOHN: The regulatory people areusing monthly averagesbecause that’s all the law

requires. They ask the questionin a way they can answer it.And the question isn’t, ‘Is thewater safe to swim in?’ Thequestion is, ‘Does the watersatisfy the regulatory rule thatwe established?’ The standardsdon’t answer the question thepublic is asking.

TRACY: And yet they set thesegoals of a swimmable river.Not only do we have the feder-al Clean Water Act, but wehave state goals to make itswimmable. But if you don’tmeasure it, you can’t manage it.

JOHN: We are the [testing] pio-neers in the Hudson!

GREG: [We’ve been samplingfor] enterococcus, a sewage-indicating microbe. When thesemicrobes are in high abun-dance, people tend to havehigher incidents of rashes orgastrointestinal illness.

JOHN: It’s a red flag that sewageis in the water.

ANDY: From the beginning, youcould see the benefit of thepartnership between the scien-tists and Riverkeeper. Knowingwhere people go, knowingwhere people get into thewater: things like that werereally fundamental in choosingthe sampling locations.

On a cold, windy day in February, the Hudson River Water Quality team sat down to discuss theirproject. John Lipscomb, Riverkeeper’s patrol boat captain, oversees the effort. Tracy Brown works

on communication and advocacy. The two scientists are Dr. Greg O’Mullan, an assistant professor atQueens College, and Dr. Andy Juhl, a research professor at the Lamont Doherty Earth Observatory ofColumbia University. The study measures sewage contamination in the Hudson River Estuary.

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What are you learning?JOHN: In the first years, our datawasn’t that welcome by every-one. It was because what wewere showing was not the prettypicture that had been painted.The State was saying, ‘Betweenthe Albany district and the NewYork City line, go ahead andswim.’ And then here comesrabble-rousers from Lamont andQueens and Riverkeeper, andthe data is saying, ‘Hmm!Approximately 24% of the timeit’s NOT okay.’ On average.

GREG: Studies from New YorkHarbor would suggest thatwater quality is much betterthan it was a few decades ago.But it doesn’t mean that thejob is done. There’s still a sub-stantial amount of contamina-tion to the system. Whenanalyzing our data from theentire estuary, from NYC toTroy, in the midchannel 16%of our samples had high levelsof contamination. Near-shorethe percentage of highly con-taminated samples increases to24%, at the mouth of tributar-ies the percentage increases to38%. There is still a lot ofimprovement needed.

ANDY: A lot of people wouldassume, ‘Well, that’s from thepipes coming directly out ofthe sewage treatment plants.Very few people would chooseto swim near them! Nevertheless,you might actually be betteroff doing that. [Laughs]Because on average, the efflu-ent that’s coming out of thesewage treatment plants is bet-ter than we see in a lot of thetributaries.

JOHN: In October 2010, we hada day where every single sam-ple around New York City wasin exceedence of federal stan-dards, except where we wentright to that gigantic sewerplant at 125th Street—right onthe upwelling where the bub-bles are coming up! That wasthe cleanest water that wefound that day.

GREG: It’s a clear example of thebenefit to the upgrading of theseplants. If we look at the averageover time in the New York Cityregion, we have 5–6 Enterococcusmicrobes per 100 milliliters mid-channel. In Albany, that goes upto 52. [EPA’s safety standard is33.] That’s because the infra-

structure up there hasn’t beenupgraded in the same way.

JOHN: In that Albany Pool area,the sewage plants haven’t putin disinfection yet. That’s com-ing on-line right now. NewYork State and the Capitol dis-trict are saying, ‘How do wetreat these sources and makethe water pass the New YorkState water quality standard?’If they use an average, thewater will pass. But if you lookhow many days a month thewater quality was bad – andyou look at how bad it was —that’s the kind of science that’sgonna be helpful. ‘Cause whenyou swim, you’re not swim-ming on an average day; you’reswimming on the day you’re inthe water.

GREG: Maybe twenty or thirtyyears ago, for some parts ofthe river, long term trends mayhave been adequate. Well, timeshave changed. And the public isvery clearly telling us that timeshave changed. But we haven’tnecessarily caught up.

ANDY: If you look at all the datafrom Manhattan up river to

around Catskill, it’s very simi-lar. It is, I think, pretty surpris-ing to people who live in theless developed areas that theirfrequency of sewage contami-nation is just as bad as thewaters around Manhattan.When we show pictures of bigswimming events aroundManhattan, people are, like,“Oh, they’re crazy!”

GREG: But if you put thePalisades in the background,their assumptions can be verydifferent.

ANDY: And based on real data,there’s no reason to think thatyou’re any worse off—or anybetter off—swimming in eitherone of those locations.

How do you let the public knowwhat you’re finding?TRACY: The first part is gettingthe information out so peopleare aware of what this problemis. We’ve had three iterationsof our website. And it’s beenvery popular: lots of traffic.We’re sampling once a month,six months a year, and now wehave four years of data. People

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Visit the Riverkeeper Boat Blog at www.hudsonriverkeeper.blogspot.com

(continued on page 6)

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are taking the data and saying,‘Ok. Well, we see the watersamples at our trib are contam-inated this percentage of thetime. That’s not acceptable tous.’ And then they start towork with their local govern-ments. We had a great momentback in the fall where FranDunwell—head of the HudsonRiver Estuary program showeda slide at a DEC conferencepresenting our data! She wassaying, ‘This is what we’re see-ing from sewage contamina-tion. There is a problem.’

JOHN: For us to see our dataheld up as THE science! Wewent from kind of being thespoiler, right? To being themainstream, go-to stakeholder.

What trends have you spotted so far?GREG: One of the factors thatwe’ve been able to identify isthat these problems are prima-rily local. That wouldn’t havebeen the expectation in the past.

JOHN: There’s a great tendencyin all these communities to say,‘If there’s a problem in theriver, it’s General Electric upnorth, or it’s New York City tothe south. What our datashows is if you aren’t happywith your water quality, youdon’t have to look across theriver. An example: we startedsampling in the Tarrytownmarina, and we got some veryhigh counts on rainy days.Clearly a place that has somerain infiltration and overflowissues. Tarrytown doesn’t haveto talk to Nyack about theproblem! Tarrytown has totalk to Tarrytown.

GREG: Up in the Newburgh/Beacon area, on the Newburghside, the geometric means—which you can think of as an

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NY Harbor to Troy

WATER QUALITY FINDINGSBY TYPE OF LOCATION, FROM 2006–2010

According to Federal Guidelines

Percentage of Samples that were “Unacceptable”Percentage of Samples that were “Possible Risk”Percentage of Samples that were “Acceptable

Riverkeeper samples at 75 sites throughout the Hudson River Estuary. Those sites fall into fourcategories: midchannel, near shore, tributaries and sewage treatment plant (STP) outfalls.

exceed the EPA’s maximum.

ANDY: The vast majority of theplaces are in-between. Thatwould be the dominant charac-teristic I would like to convey:that almost any location has areasonable probability of beinggood most of the time andoccasionally being bad.

Where do we go from here?TRACY: In the near term, I’d liketo see a New York State lawthat we have to be notifiedabout sewage contamination inall of our waterways. I’d liketo see regular monitoring andreporting in a manner that’seasily accessible. Water is theoil of this next century. This isa hugely important resource.

GREG: There’s a need for addi-tional studies to really under-stand why some places responddifferently than the others. Andto be able to come up withpredictions and forecasts thatare reliable.

ANDY: I used to live in Pensacola.Big tourist destination. And

average over time—has a levelof 77. Beacon, just on theother side of the river, theirgeometric means is 17. So,opposite sides have differentissues. It really gets down toyour local community. Noteven the segment of the river,but your local community.

TRACY: [People were assuming]‘Oh, well, the Hudson is thatbig dirty thing that’s had indus-try, but my little stream isalways clean.’ Or, ‘Oh, well,the middle of the Hudson isgoing to be cleaner than downby the city.’ Or, ‘Well, if youjust don’t swim for two daysafter a rain then you’re defi-nitely safe.’ All these assump-tions that were widely heldhave been disproved by thestudy. And that starts conversa-tions. And is leading to action.

ANDY: There are a fair numberof hot spots—locations withfrequent sewage contamination.

GREG: Similarly, at about 10%[of the sites] we haven’t founda single measurement that would

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every week, they would publishwater quality data from, Ithink, thirty different samplinglocations. I don’t see any rea-son why we couldn’t havesomething like that: essentiallya weather report for waterquality. It’s a public healthissue, but it’s also an economicdevelopment issue.

JOHN: Our immediate goal atRiverkeeper is to engage thepublic in the health of the river.And this sewage measuring is atool to do that. The wholeeffort—and this is key—is tocreate an expectation in thepublic. We want them toexpect to know about thewater. And then there’s thedeeper future. Ultimately, theriver isn’t there for us to have asafe swim. The river has a rightto exist regardless of how itbenefits us or not. How do wetry to disinfect this water? Dowe use chlorine, or do we useultra-violet light? Ultra-violentlight leaves no residuals; chlo-rine is a poison. Are we gonnamake it safe for swimming likeit was a pool at a hotel? Or,are we gonna make it safe forswimming for all of the crea-tures that live in it? The ideathat we can have a term onthis planet “waste water” is amoment in time. We won’t beable to have “waste water”any more than we can have“waste gold” or “waste dol-lars” or “waste people.”

GREG: I’d love to see more peo-ple connected to the river. Andif this program does a little bitof that, it’s really valuable.

JOHN: We’re at a turning point.The first part of the experi-

ment was to design the studyand go get the data. The sec-ond part of the experiment wasto present the data to the pub-lic. The third part of the exper-iment is where we’re at rightnow: what does the public

make of it? Will our data leadto change? Will the public lookat the water quality in theHudson and say, “No way. Wehave to do better.”? And if ourproject is useful, are theygonna want to keep it going by

getting involved? We’ll needfinancial support—from thepiggy-bank size donor to thefoundation size donor.

GREG: We’re optimistic. We’llfind a way. �

For more information visit http://www.riverkeeper.org/water-quality/

WATER QUALITY FINDINGS BY LOCATION, FROM 2006–2010According to Federal Guidelines

Percentage of Samples that were “Unacceptable”Percentage of Samples that were “Possible Risk”Percentage of Samples that were “Acceptable

*There are two federal standards for water quality in the waters we sample, one for salt water and one for freshwater. For salt or brackish water the federalstandard for unacceptable water quality is a single sample value of greater than 104 Enterococcus/100ml, or five or more samples with a geometric mean(a weighted average) greater than 35 Enterococcus/100ml. For freshwater the federal standard is a single water sample with a value of greater than 61Enterococcus/100ml, or five or more samples with a geometric mean greater than 33 Enterococcus/100ml. For more information visit: www.riverkeeper.org.

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Aerial view of General Electricat Fort Edward

GILESASHFORD.COM

After years of lobbying and activism by Riverkeeper and its

partner groups, EPA issued instructions last December to

General Electric to finish the Hudson PCB dredging project.

Days later, bowing to pressures from the scientific and environ-

mental community, GE agreed to EPA’s terms and New Yorkers

are now finally poised to get their river back!

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NEW YORKERS ON TRACK TO GET THEIR RIVER BACK!

GE Agrees to Finish Historic PCBClean-Up of the Hudson!By RebeccaTroutman

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Basic HistoryIn one of the worst environ-

mental tragedies of HudsonRiver and United States history,between 1947 and 1977General Electric dischargedapproximately 1.3 millionpounds of PCBs (polychlorinat-ed biphenyls) from two capaci-tor plants in the upper HudsonRiver. During the followingdecades of debate, study andstalling, this PCB contamina-tion, which spread as far down-river as the Battery in NewYork City, led to high levels ofPCB contamination in fish tis-sues. As PCBs are probablehuman carcinogens, are linkedto health problems such as lowbirth weight, thyroid disease,learning, memory and immunesystem disorders, the fish toxic-ity led to the closing of variouscommercial fisheries and severewarnings on the consumptionof Hudson fish.

In 1984, EPA declared theHudson (ultimately, a 200-milestretch of the river), a federalSuperfund site – the largesttoxic waste site in the country.

Finally in 2002, EPA issued alandmark Record of Decisionwhich required the dredgingremoval of many so-called“hot spots” of PCB contami-nated sediment in the Hudson.EPA’s goal was to remediatethe river so as to reduce thehealth risks to the ecosystemand the public. In a subsequent2006 Consent Decree betweenGE and EPA, a formal agree-ment was implemented suchthat the two phases of thedredging clean-up would beseparated by a year of studyand analysis. EPA, GE andother stakeholders, includingRiverkeeper, engaged vigorous-ly in that process last year.Simultaneously, Riverkeeperand partner groups Natural

Resources Defense Council,Scenic Hudson and HudsonRiver Sloop Clearwater urgedmembers to let their voices beheard in a flood of over 10,000e-mails to EPA. In a great vic-tory for the environment, GEannounced last December thatPhase 2 of the clean-up (whichincludes the vast majority ofthe removal work and willspan 5 or more years) willcommence this spring.

Phase 1: Success and IssuesPhase 1 of the project includedabout 6 months of dredging ina short stretch of the upper-river near Fort Edward. Thiswork was designed to removeabout 10% of the targetedmaterial in approximately 18Certification Units (CUs) desig-nated by the scientists.However, because the levels ofcontamination were far greaterthan had been estimated, (fur-ther underscoring the need forremoval), only about 10 of the18 CUs were completed.Related to this issue, as thedredging operators werepressed for time, an unfortu-nately high level of “capping”was permitted. Specifically,instead of removing all target-ed contamination, decisionswere made to cover or “cap”certain areas to contain theleft-behind PCBs, so that thedredge operators could thenmore quickly move to anotherarea. By the end of Phase 1,approximately 293,000 cubicyards of PCBs were successful-ly removed from the river (ahigher total volume than hadbeen targeted), but reports

indicated that 37% or more ofthe dredged areas had beencapped so as to containremaining PCBs.

Riverkeeper RejectsExcessive CappingRiverkeeper and its alliesargued that this capping levelwas unacceptable and wouldleave excessive levels of PCBsin the river. In that capping isnot permanent – caps can bedisturbed by storms, erosionand other forces — the toxicPCBs would be only temporari-ly contained and could becomebioavaliable in the future.Riverkeeper insisted that GE’scorporate motivation to reducecosts should not be a drivingfactor to permit high levels ofcapping and that maximumremoval with scientific supportshould be the priority. Duringthe review period, a panel ofindependent scientists was con-vened to examine the data andreports from both GE and EPAon Phase 1: their report statedthat Phase 2 should go for-ward, but with various adjust-ments and improvements.

Phase 2: Decisions andGE Commits?

After months of intensive meet-ings and analysis, involvingmultiple stakeholders, scientistsand all levels of government(for example, RiverkeeperExecutive Director Paul Gallayand Senior Counsel RebeccaTroutman met with Adminis-trator Lisa Jackson to urgeEPA to require maximumremoval) finally on December17, 2010, EPA issued a revised

plan for Phase 2. In the newplan, EPA required GE toimprove its approach to theuncertain levels of contamina-tion and significantly lower therate at which it used cappingas a solution. According toEPA, the revised clean-up planwill result in the removal of anestimated 95% of the PCBsfrom the designated areas.

However, under the 2006Consent Decree, GE hadretained the option of decliningto perform Phase 2. Moreover,GE had in fact been pursuing alaw suit in federal court to havecertain statutory provisions ofthe governing federal lawdeclared invalid (GE wasdefeated in the lower courts,where Riverkeeper and its part-ners participated as amici, buthas petitioned the U.S. SupremeCourt for an appeal). And so,all observers held their breathwhile GE considered EPA’s newstandards. Finally, on December23, 2010, GE announced that ithad accepted EPA’s terms forPhase 2 and that it would moveforward to prepare for Phase 2dredging in the spring of 2011.

While environmentalistscheered, concerns remainabout: (1) GE’s pending appealto the Supreme Court; (2)issues the company may raiseat future junctures seeking toeither reduce the scope of workin the project or halt it alto-gether; and (3) the levels ofcontamination that mayremain in the river, even ifPhase 2 is completed to EPA’sspecifications. Given the criti-cal nature of this project forthe future health of theHudson as well as its complex-ity, Riverkeeper will continueto closely monitor the clean-upand to press for the best reme-dy possible for the river and itscommunities. �

n 1984, EPA declared the Hudson (ultimately,a 200-mile stretch of the river), as a federalSuperfund site – the largest toxic waste sitein the country.

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The recent partial meltdowns at the Fukushima Nuclear Plantin Japan as the result of a devastating earthquake and resultingtsunami immediately raised serious questions about the abilityof Indian Point to withstand a similar situation. Riverkeeperquickly sprang into action, calling for shutdown of the plantpending an objective and independent analysis of the risk ofearthquake damage and its implications for plant operation,emergency response and evacuation planning. Riverkeeper ispursuing various efforts to guarantee that this issue isadequately addressed.

Lined up like bowling pins at the Indian Point site, dry caskstorage containers threaten to multiply and linger on the banksof the Hudson River for decades to come. The worst part isthat in December 2010, the U.S. Nuclear Regulatory

Commission (NRC) issued a rule that would allow this kind oflong-term storage in dry casks as well as pools, without requir-ing any kind site-specific assessment of the long-term environ-mental impacts. Riverkeeper recently challenged this rule inthe ongoing Indian Point license renewal proceeding andjoined a coalition of environmental groups to dispute the rulein Federal court.

In November 2010, an electrical transformer at Indian Pointwas allowed to reach such a degraded condition that it explod-ed! Sound familiar? This happened with a different trans-former just 3 years ago. The owner of the plant, Entergy, alsoneglected to mention to the public that the incident resulted inthe discharge of potentially thousands of gallons of oil into theHudson River. Riverkeeper swiftly called for an independent

The Battle to Shut Down Indian Point By Deborah Brancato

Riverkeeper continues to wage a multi-front battle against the environmentally destructive ticking time bomb sitting on the shores ofthe Hudson River that is the Indian Point nuclear power plant. Engaged at a variety of forums at both the State and Federal levels,Riverkeeper is currently working a range of angles to ensure that Indian Point is no longer run at the expense of the environment, andultimately, shut down for good:

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investigation to ensure that Entergy doesn’t let this kind ofsituation happen yet again.

Plain industrial buildings house pools of highly toxic, extremelyradioactive nuclear waste. Years of accidental leakage fromthese pools has resulted in extensive plumes of contaminationat the site that leach to the Hudson River. It is still not clearwhether the leaking has stopped, and Entergy and NRC refuseto fully assess the environmental impacts of the contamination,or implement adequate mitigation measures. After prolongeddelay caused largely by the NRC, we are preparing to go toa hearing on this issue in the Indian Point license renewalproceeding.

Safety problems continually plague the Indian Point plant.Worn out metal components and corroded pipes threaten tocause significant safety consequences if Entergy operatesIndian Point for another 20 years, as they want to. Backed bythe expertise of a former NRC nuclear engineer and standingside-by-side with the New York State Attorney General’sOffice, Riverkeeper will raise these concerns at the upcominglicense renewal hearing.

Radioactive leaks are problematic at many nuclear powerplants across the United States, and Riverkeeper is a criticalstakeholder in an ongoing national policy debate about how toaddress this industry-wide problem. Riverkeeper’s HudsonRiver Program Director, Phillip Musegaas, has provided thepublic perspective and offered a range of recommendations atseveral meetings with the NRC to inform future policies andregulations aimed at addressing this ever-growing issue.Riverkeeper will continue to weigh-in until the governmentmeaningfully addresses the problem.

Since 2003, Riverkeeper has been involved in a State permit-ting proceeding to ensure that Entergy upgrades Indian Pointto use a closed-cycle cooling water system. Doing so wouldfinally stop the ongoing slaughter of a billion aquatic organ-isms every year through entrainment, impingement, and ther-mal impacts. Entergy continues to fight tooth and nail to avoidcomplying with the law. With a team of technical experts,including biologists and engineers, Riverkeeper is currentlypreparing for hearings in this matter.

In April 2010, the NYS Department of EnvironmentalConservation (DEC) denied a critical Water QualityCertification to Entergy, citing various violations of State stan-dards if Indian Point were to operate for an additional 20years. The decision prevents Indian Point from obtaining alicense extension, and Entergy is fighting aggressively to haveit overturned. Riverkeeper is preparing to participate in hear-ings to ensure that DEC’s determination is ultimately upheld.

In December 2010, after almost a year long delay, the NRCissued the Final Environmental Impact Statement in the IndianPoint license renewal proceeding. NRC’s assessment was lit-tered with inadequacies. Of note, NRC gave short shrift toimpacts to endangered Shortnose sturgeon and threatenedAtlantic sturgeon, both known to be present near Indian Point.Riverkeeper promptly raised this issue in the license renewalcase.

For years Riverkeeper has fought to require EPA to issuenational regulations which require the “best technology avail-able” for power plants’ cooling water intakes. Numerous plantsalong the Hudson, including Indian Point, withdraw massiveamounts of water to cool their turbines, and in the process killbillions of fish, larvae and eggs. EPA’s new federal rule is poisedfor imminent release, and Riverkeeper will be intensely engagedin comment, analysis and advocacy in the coming months,seeking a stringent, legally compliant regulation. �

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About 12 years ago, Susan Cleaverwas eating lunch at Gully’s float-

ing restaurant on the waterfront inthe City of Newburgh, New York,when she caught a glimpse ofConsolidated Iron & Metal acrossthe way. One of Riverkeeper’s mostavid watchdogs, she was well awarethat this was an EnvironmentalProtection Agency (EPA) designatedSuperfund site, and she was seeingsomething that was horribly wrong.

There were tires floating in the water, no fencing around the proper-ty and no signage to let anyone know the site was being remediated.

Consolidated Iron & Metal is a part of a long Riverkeeper histo-ry that began in 1984 when Robert F. Kennedy, Jr., first beganinvestigating Newburgh area polluters. His actions led to the siteceasing operations in 1999 and being added to the EPA SuperfundNational Priorities list in 2001.

Susan, a photographer and freelance journalist, snapped somepictures that day then set out to make her voice heard. She con-tacted the New York State Department of EnvironmentalConservation (DEC) to find out what was required at the site,which confirmed her concerns that it wasn’t being properly identi-fied to the public.

She continued to make regular visits to the site and recalls a defin-ing moment in moving her case forward: “What sticks with me to

Giving a Voice to the Needs of our River ByTina Posterli

this day is remembering how I felt one hot summer afternoon whena woman had set up a blanket on the boat launch and put herdaughter in the water to cool off right next to the unmarked super-fund site. She was simply using the water for the purpose it wasintended with no knowledge of what was going on right next to her.I said enough is enough!”

Soon Basil Seggos, Riverkeeper’s Chief Investigator at the time,became involved and worked with Susan to contact the EPA lettingthem know that the site didn’t have proper identification and enclo-sure around its parameter. The EPA responded quickly, statingthey’d have a fence up in 30 days, and actually delivering one in 10.A sign declaring Consolidated Iron & Metal a Superfund site soonfollowed. After pressing hard about the tires, Susan found out thatthey were not considered a part of the Superfund remediation law,so she began an active e-mail campaign to members of the press,government agencies, county politicians and environmentalactivists. She was successful in enlisting the help of Orange CountyExecutive Edward Diana and Elizabeth Evans, Executive Assistantto the Newburgh City Manager, who stepped up and tackled theissue head on. Working together at the local level, they pushed longand hard for the removal of the tires and about one year afterSusan first started advocating for the site, the tires were removed.

Today, Consolidated Iron & Metal is a successfully completedSuperfund Site with grass growing on the shoreline where tires andpollution used to live. In May 2011, Susan will spearhead a cere-mony at the site to celebrate people coming together for their rightto clean water. �

Patrick Landewe wears many hats. He is a Riverkeeper watch-dog, the Saugerties Lighthouse Keeper and serves on the Village

of Saugerties Board of Trustees. Recently, his watchful eyes andactivism helped Riverkeeper in the prominent lower Esopus Creekturbidity issue (featured on page 18), where the New York CityDepartment of Environmental Protection (DEP) announced thatit has ended the release of turbid water into the Esopus and has

discharged 1.5 billion gallons of clear waterfrom the Ashokan Reservoir to clean outthe silt.

Patrick’s proximity to the waterfront hasbeen an invaluable resource to Riverkeeperover the years. He had already been work-ing with Riverkeeper patrol boat captainJohn Lipscomb on water quality issues,assisting with water sampling near themouth of the creek. He was in the perfectposition to take photographs of the

turbid waters of lower Esopus Creek where it flows into theHudson. From a bird’s eye view atop the lighthouse, these photosshowed the distinctive contrast between the muddy, turbid water ofthe lower Esopus and the clear water of the river and were powerfulevidence that Riverkeeper presented in the DEP turbidity issue.

Patrick is also assisting the Lower Esopus Watershed Partnership(LEWP), a group formed in response to major flooding thatoccurred along the creek and dedicated to fostering appreciationand stewardship of the Lower Esopus Watershed. In this role, hehas become active in issues such as stream health, flood controland increasing recreational activities along the creek. Patrick is afirm believer in people getting to know the quality of water intheir communities. “Once people become aware of what’s going onin the water they recreate in, amazing things happen. They becomeadvocates for their communities and things start to get done.” Thework that LEWP has done has led to community discussions aboutwaterfront revitalization along the creek corridor. �

RIVERKEEPER ADVOCATE HIGHLIGHTS:

Susan Cleaver: Consolidated Iron & Metal

Patrick Landewe: Lower Esopus Creek

Susan & Robert F. Kennedy, Jr.,with EPA sign from site.

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Highlights of selectRiverkeeper legal cases

MCIZ Bus Corp: FollowingRiverkeeper’s 2009 Notice ofIntent to Sue the DEC finedMCIZ $482,750 for numerousenvironmental violations datingback to 2006.

ShandakenTunnel: Since 1999, Riverkeeperand a coalition of trout fishing enthusiasts,collectively represented by the PaceEnvironmental Litigation Clinic, have beensuing to compel the City of New York tooperate its water supply in the Catskills in amanner that won’t cause or contribute toviolations of state water quality standards.This series of cases has brought Riverkeeperand its allies to virtually every conceivabletribunal, from state trial courts to the U.S.Supreme Court, and we’ve prevailed in everycourt in which we’ve appeared. Most recent-ly, the City formally acknowledged that itcannot meet state water quality standardsand applied to the NYCDEC for “variancesfrom water quality based effluent limita-tions.” Riverkeeper will continue this fight toensure that the City protects the Creek andits ecosystem, and does not interfere with thepublic’s use and enjoyment of it.

WaterTransfers Rule: In 2008, the U.S. EPA finalized a regu-lation that exempts transfers of polluted water from CleanWater Act permit requirements. As we have seen in the EsopusCreek, such “water transfers” can be extremely damagingwhen the transferred water is of lesser quality than receivingwaters, e.g., when sediment-laden water is sent into cleardrinking water reservoirs.

Riverkeeper and its partners, represented by the PaceEnvironmental Litigation Clinic, have sued the EPA in the U.S.District Court and the U.S. Court of Appeals to challenge theWater Transfers Rule as arbitrary, capricious and an abuse ofdiscretion in violation of the plain requirements of the CleanWater Act. These rule challenges are currently pending.

6th Street Iron and Metal:Following Riverkeeper’s 2009Notice of Intent to Sue the DECfined 6th Street $33,000 for dump-ing scrap metal into the canal andoperating an unlicensed waste-oiltank on site.

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Champlain Hudson Power Express:CHPE is proposing to construct anelectric cable from Canada to NYCrunning through the bottom of LakeChamplain and the Hudson River.Riverkeeper is an intervenor in thepermit hearing in front of theDepartment of Public Service and iscurrently opposing the sections of thecable that are proposed to be installedin the Hudson River through areas ofsensitive habitat and contamination.

Albany CSO LongTerm ControlPlan: Waterways in the capital districtare heavily impacted by sewage over-flows during rain and other sources.Riverkeeper will be submitting com-ments on the draft plan to reducesewage contamination in the capitaldistrict when that plan is released tothe public this June.

Quality Concrete: QualityConcrete pleaded guilty to a class“A” misdemeanor violation of theenvironmental conservation law andpaid a $95,000 financial penalty forcriminal pollution of NewtownCreek. This case was initially inves-tigated by Riverkeeper in 2002.

General Motors Site Redevelopment: This96 acre riverfront site is contaminated from itsindustrial past but no one knows how badly.Riverkeeper submitted comments in publichearings on the need for a more completeassessment and remediation of hazardousmaterials on the site and in adjacent waterwaysbefore development moves forward.Sparkill Watershed Alliance: A

citizen group has formed to cleanup and protect the Sparkill CreekWatershed in Rockland and BergenCounties. Riverkeeper is facilitatinga water quality mini-study on theSparkill in support of this effort.

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Since our founding in the 1960s a corepart of Riverkeeper’s mission has been

to act as a watchdog for the Hudson River,enforcing the law and bringing environ-mental lawbreakers to justice when gov-ernment agencies don’t have the desire orresources to do so. Riverkeeper carries outour mission to protect the Hudson withregular boat patrols, the help of concernedcitizen “watchdogs,” and by partneringwith law enforcement agencies. Whetherit’s an anonymous tip to Riverkeeper’sChief Investigator Josh Verleun throughthe “report a polluter” hotline or a con-cerned citizen flagging down our patrolboat operator John Lipscomb from theshore, Riverkeeper relies on our membersand concerned New Yorkers to be our eyeson the River.

This year Riverkeeper saw enforcementvictories in Brooklyn on the GowanusCanal and Newtown Creek. Riverkeeperscored a victory when MCIZ BusCorporation and related companies werefined $482,750 by the Department ofEnvironmental Conservation (DEC) for

years of dumping pollution and debris intothe Gowanus Canal, and illegally storingpetroleum. Also on the Gowanus, 6thStreet Iron and Metal was fined approxi-mately $33,000 by the DEC for dumpinginto the Canal and having an unlicensedwaste-oil container on site. Both fines werethe result of Notices of Intent to Sue filedby Riverkeeper in 2009 as part of ourGowanus Canal Enforcement Campaign.This year also saw Quality Concrete pleadguilty to a class “A” misdemeanor viola-tion of the environmental conservation lawfollowing years of legal wrangling andappeals over pollution at their NewtownCreek cement plant. This criminal case,brought by the Brooklyn District Attorney,led to a $95,000 financial penalty, and theinstallation of an onsite wastewatertreatment system. These victories are inaddition to the landmark ExxonMobilsettlement over their Greenpoint Oil spill(see cover story, page 22).

This year, Riverkeeper also investigateddozens of additional tips and citizenwatchdog reports, taking action against

Gowanus Canal Superfund Update

The Gowanus Canal, located in Brooklyn, NYis one of the most heavily contaminated water

bodies in the nation. This 1.8 mile long, 100 footwide, canal was built in the 19th century and his-torically was home to many industries includingmanufactured gas plants, cement factories, oilrefineries, tanneries, and chemical plants. InMarch 2010 the Environmental Protection

Agency (EPA) added the Gowanus to the Federal Superfund pro-gram to begin the process of cleaning this long-suffering waterway.In February 2011 the EPA released the results of the year longRemedial Investigation (RI). This thorough assessment of theCanal’s contamination will be followed by a feasibility study todetermine how best to clean the canal. The RI confirmed whatmany suspected, that the Canal is heavily contaminated with awide range of dangerous toxins. Riverkeeper is an active memberof the Gowanus Canal Community Advisory Group (CAG) and isworking with members of the community to ensure that a propercleanup plan for the Canal is crafted and implemented. �

Champlain Hudson Power Express Project

RIVERKEEPER ENFORCEMENT UPDATE:BRINGING ENVIRONMENTAL LAWBREAKERS TO JUSTICEBy Josh Verleun

two municipalities for allowing raw sewageto flow into their waterways, investigatingreports of leachate outbreaks at landfills inthree communities, uncovering a massivesewage release in Tarrytown, and continu-ing efforts to stop ongoing dumping oftires in the Harlem River. This yearRiverkeeper continued our partnershipwith the New York State Department ofEnvironmental Conservation’s Law Enforc-ement Division, working with officers andlegal staff to investigate and refer cases;hosted boat patrols with representatives ofthe US Attorney’s office, EnvironmentalProtection Agency, EPA Criminal Investiga-tors, and the Manhattan District Attorney’sOffice; and testified at a hearing in front ofthe New York City Council to increasepenalties for dumping in NYC waters.Riverkeeper also continues to work withthe Westchester County Police DepartmentEnvironmental Security Unit, the Environ-mental Crimes Unit of the Brooklyn DistrictAttorney’s Office, and the NYC SmallBusiness Services Dockmaster Unit. �

If constructed the Champlain Hudson Power Express (CHPE) cableproject, which has been proposed to bring electricity from Canada

to New York City, would be one of the longest underwater cablesin the world. Running over 300 miles through Lake Champlain andthe Hudson River to Astoria, Queens the project proposes to bringwind and hydro power to the congested New York City power grid.To build the cable CHPE must get a permit from the Department ofEnergy, the NYS Department of Public Service, the Army Corps,and the Department of State. Although Riverkeeper supports“renewable” energy projects the CHPE project would run throughsensitive fish habitat, and has the potential to mobilize PCBs andother contaminants during installation. Riverkeeper is activelyworking to shape the scope of the project and is fighting to havethe cable buried on-land along the railroad corridor and kept out ofsensitive Hudson River habitat. For the latest on this developingcase, visit http://bit.ly/gEXOeF. �

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THE PROMISE OF GREEN INFRASTRUCTURE

Can it Save Us from the Scourge of Stormwater Pollution?By Phillip Musegaas

The past year was an exciting time foradvocates of “Green Infrastructure,” a

new approach to reducing stormwater pol-lution that has tremendous potential forNew York City, Albany and other cities onthe Hudson River which have antiquated“combined sewer systems” that dischargeuntreated sewage into the Hudson Riverand New York Harbor virtually every timeit rains heavily. These combined seweroverflows are perhaps the most persistentand widespread source of water pollutionin the Hudson and East Rivers and NewYork Harbor, severely affecting the marineecosystem and impairing the use of thesewaters for swimming and kayaking.

The term “Green Infrastructure” (GI)refers to technology and landscape designthat focuses on retaining and absorbingstormwater before it enters the storm sew-ers in the first place, thereby reducing thestrain on the sewer system and reducing thefrequency and severity of contaminatedoverflows. Examples of GI are diverse andrange from green roofs, street trees and“pocket parks” to permeable pavement inparking lots and rain barrels attached torain gutter downspouts. In addition toreducing stormwater flows, GI has theadded benefit of “greening” the city. Streettrees, green roofs and pocket parks absorbheat much better than impermeable pavedsurfaces, actually cooling the city in theprocess. This also leads to reduced energyconsumption during the height of summer,leading to reduced air pollution from dirty“peaking” power plants. The ideologybehind GI is simple: By treating stormwateras a resource rather than a waste, we canreduce water pollution and ‘green’ urbanareas, thereby improving the health of themarine ecosystem that surrounds NewYork City and dramatically improving thequality of life for millions of New Yorkers.

In September 2010, New York City’sDepartment of Environmental Protection

(DEP) released its Green InfrastructurePlan, which lays out the city’s new visionfor addressing the ongoing scourge ofuntreated sewage discharges into its water-ways. The plan will replace the existingapproach for sewer overflow control,which relies solely on traditional invest-ments like holding tanks and tunnels, witha mix of green infrastructure and cost-effective traditional infrastructure that isprojected to reduce sewer overflows intowaterways by 40 percent citywide by2030. While Riverkeeper supports the cityfor finally embracing a more sustainableapproach to addressing stormwater pollu-tion, the plan lacks detail and a clear roadmap for implementing GI throughout thecity’s thirteen “sewersheds.” Our goal is to

make sure that the DEP’s priority through-out this process is to meet state and federalwater quality standards in all the city’swaterways, and in the near future attainingthe Clean Water Act’s goal of a “fishable,swimmable” Hudson River Estuary.

Since 2007, Riverkeeper has played alead role in advocating for the increaseduse of GI, through the work of the StormWater Infrastructure Matters (SWIM)Coalition, the release of our SustainableRaindrops report and our federally fundedeffort to design and build a pilot GI proj-ect on a public playground in Brooklyn.Through our founding and participation inthe SWIM coalition, a diverse coalition ofenvironmental groups, GI practitioners andcommunity groups advocating for maxi-mizing the use of GI in New York City,Riverkeeper has been instrumental inensuring that New York City integrate GIinto its long term plans to reduce sewagepollution by 2030. Riverkeeper recentlyaccepted an invitation from the DEP tojoin a citizens’ “steering committee” estab-lished to monitor and provide input to theimplementation of the city’s GreenInfrastructure Plan.

In order to realize the full potential ofGI, city planners and the DEP will have tomake a genuine effort to involve the publicas much as possible in finalizing and carry-ing out the plan. While water qualityaround the city has improved substantiallyin the last thirty years, the continuingscourge of CSO pollution threatens toderail that progress. The ultimate successof the GI Plan will depend on the cityactively engaging the public, and coalitionswith unique expertise like SWIM to builda citywide constituency that supportsinvestments in Green and Grey infrastruc-ture. If this can be done, then we havetruly turned the corner toward a greater,greener New York City and a cleanerHudson River. �

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Dynamics of a PollutedWaterwayIn the Catskill Watershed ofNew York City’s drinkingwater supply, the SchoharieReservoir drains through the18-mile-long ShandakenTunnel and empties into theUpper Esopus Creek at Allabenin Ulster County. From therethe Schoharie water, mixedwith Esopus Creek water, flows12 miles downstream andempties into the AshokanReservoir. Historically, thissection of the Esopus has beenknown as a blue-ribbon troutstream among fishermenworldwide. However, becausethe geology of the Catskills hasnumerous clay deposits, thewater entering the AshokanReservoir from the UpperEsopus is sometimes cloudyand shaded reddish-brownfrom the suspended clay parti-cles that erode from stream-banks in stormwater runoff. Toavoid sending this turbid waterthrough the Catskill Aqueductto New York City and upstatecommunities, the AshokanReservoir is divided into a west

basin, where the clay particlescan eventually settle out of thewater, and an east basin, whereclean water from the westbasin can be transferred andsent through the aqueduct todeliver drinking water to ninemillion consumers.

Following two major rain-storms last fall, the New YorkCity Department of Environ-mental Protection (DEP) calcu-lated that the water level in theAshokan’s west basin wouldneed to be drawn down toaccommodate the increased flowfrom upcoming spring rains andsnowmelt if operators were toavoid spilling turbid water intothe cleaner east basin. To createa void in the west basin, theDEP activated a “waste chan-nel” to discharge turbid waterinto the Lower Esopus Creek,thereby bypassing the east basin.The discharge of this turbidwater over a four-month periodresulted in silt and suspendedsediment clouding and fouling32 miles of creek from theAshokan Reservoir to the mouthof the Esopus at the HudsonRiver in Saugerties.

Public ReactionLocal residents who live on thebanks of the Esopus and/or usethe creek for fishing and boat-ing were rightfully outraged bythe muddy appearance of thecreek and the loss of its use forrecreational activities. Thousandsof trout stocked in the creek bysport fishermen are presumeddead as the cloudy waterimpairs their ability to seekfood and wears away their gills.Winter ice fishing for perch andother game fish is absent on thecreek this season for the samereason. Irrigation pumps onagricultural lands in the flood-plains west of Kingston are atrisk of clogging with sedimentduring operation. Rafters,kayakers, business owners andresidents whose children swimin the creek during summerwere alarmed by the eyesoretheir creek had become andfearful that turbid water condi-tions would continue into thespring and summer months.

Stream leading to Shandaken Tunnelportal in the Catskill Watershed.

Lower Esopus CreekPHOTO COURTESY ULSTER COUNTY

FIGHTING TO SAVETHE LOWER ESOPUSCitizens, Environmentalists and Local OfficialsJoin Forces to Reclaim Their Creek By Bill Wegner

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InterventionIn response to concerns localresidents loudly voiced to theDEP, Ulster County, Riverkeeperand other environmentalgroups, the DEP agreed to con-vene meetings of stakeholdersand City officials in Decemberand January to form theAshokan Release WorkingGroup, whose purpose is todevelop recommendations for aclear water release strategy tobe applied to AshokanReservoir operations. Also dur-ing this period, Ulster CountyExecutive Mike Hein, respond-ing to numerous citizen com-plaints, filed a notice of intentto sue the DEP under the CleanWater Act for continuing dis-charges of turbid water intothe Lower Esopus.

On January 28, Riverkeeperand other members of theworking group toured severalsites along the Lower Esopusfrom the mouth of the creek inSaugerties upstream toKingston, where we observedclay-colored water in the openareas between tracts of snow-covered ice. Later on the sameday, County Executive Heinhosted a meeting in Kingstonwith the DEP, the New YorkState Department of Environ-mental Conservation (DEC),the Watershed Inspector General,New York State Senator John J.Bonacic, a representative fromU.S. Congressman MauriceHinchey’s office, and River-keeper. At that meeting, DEPCommissioner Cas Hollowayannounced that DEP had calcu-lated that the Ashokan’s westbasin had been drawn downsufficiently to cease turbidreleases into the Lower Esopusvia the waste channel and forthree consecutive days the DEPwould release clear water fromthe Ashokan’s east basin to

flush all the suspended sedi-ment from the creek. Then,beginning in the spring of thisyear, the DEP would beginmaking periodic clear waterreleases to the Lower Esopus.

Despite the DEP’s modifica-tion of Ashokan release opera-tions, the DEC neverthelessannounced that it intended tobring an enforcement actionagainst DEP for violating statewater quality standards, whichrequire that suspended sedi-ment not be discharged inamounts that cause a substan-tial visible contrast to naturalconditions (see photo). Actingin good faith, the DEP agreedto conduct a biological assess-ment of the Lower Esopus tostudy the impacts of turbidreleases on fish and otheraquatic organisms, to take cor-rective action to remediate anyenvironmental impacts causedby the sustained turbid releasesand, at Riverkeeper’s urging,agreed to consider compensat-ing local residents for damagesto agriculture and recreationarising from the releases.

As a member of theAshokan Release WorkingGroup, Riverkeeper will con-tinue to meet with the DEPand stakeholders in the comingweeks to participate in thedevelopment of the scope ofissues DEP will address in itsbiological assessment of theLower Esopus. While publicinvolvement, environmentaladvocacy and the responsive-ness of local decisionmakerswere the driving forces thataverted a potential long-termecological disaster, we areencouraged to see that theNew York City DEP hasjoined the fight to restore thisstoried waterway. �

Since 2001, Riverkeeper has been the primary watchdog over the

leaks in the Delaware Aqueduct, which supplies more than half of

NewYork City’s daily drinking water. Over the past two years,

we’ve taken an active role within local communities to help those

affected by the leaks to take action.

This past November, the NewYork City Department of

Environmental Protection (DEP) announced its plans to divert

water from the leaking aqueduct. Specifically, the City’s plan,

designed to circumvent the worst of two leaks, is to build a three-

mile bypass tunnel around a portion of the aqueduct that is leak-

ing in Roseton in Orange County, and repair other leaks in

Wawarsing, in Ulster County, from the inside of the existing tun-

nel.The construction of the bypass tunnel and the repair of the lin-

ing will ensure that DEP can continue to deliver high quality

drinking water every day for decades to come.

Under the plan, which will cost $1.2 billion, DEP will break

ground on the bypass tunnel in 2013, and complete the connection

to the Delaware Aqueduct in 2019.The leaking portion of the aque-

duct would then be sealed and its use discontinued.

Although the DEP’s plan represents a big investment in solving

a big problem, the City should also move to compensate home-

owners affected by the leaks for damages suffered.There have

been serious consequences to people living in areas near the leak.

In Roseton, the leaking aqueduct has created sinkholes on private

lots and adjacent to the Danskammer power plant. InWawarsing

the aqueduct leak has caused the flooding of homes and contami-

nated local drinking water wells from flooded septic fields.The

problem is so bad that DEP agreed to provide bottled water to res-

idents, gave them sump pumps for their basements, and installed

ultra-violet disinfection systems for their well water.

“It’s time for action for the people of this community,” said

Laura Smith, a long-time resident ofWawarsing. “I’m grateful for

all that Riverkeeper has done here over the years and have a lot of

faith in what they stand for. What’s needed now is a real solution,

a plan in place by the DEP to compensate the homeowners, to

help us move so we can have a life again.”

The residents ofWawarsing, together with DEP and other state

and local officials, have formed the local Project Advisory

Committee (PAC) to update community members on DEP’s leak

investigation and to provide a forum to discuss ongoing issues

with the leaks. Riverkeeper is a member of the PAC and attends

scheduled meetings.We will continue to monitor and report on

this issue and work with residents in affected communities to

ensure their voices are heard and until the consequences they are

suffering are made right. �

FIXING THE LEAKS IN THE DELAWARE AQUEDUCT

Riverkeeper HelpsCommunities Take ActionBy Craig Michaels

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In 2008, the issue of hydraulic fracturing(hydrofracking or fracking) for natural

gas in the Marcellus Shale came to theforefront in New York State. Ever since,Riverkeeper has been playing a major rolein protecting our drinking water supplyfrom hasty and dangerous fracking prac-tices by issuing a series of reports docu-menting fracking incidents across thecountry and providing comments to theNew York State Department ofEnvironmental Conservation (DEC) on itsdraft environmental impact statement(EIS), the worst Riverkeeper has ever seen.In 2010, filmmaker Josh Fox brought theissue of fracking into national focus withhis Oscar-nominated documentary,Gasland. The film highlighted the town ofDimock, Pennsylvania, a community thatwas rushed into signing fracking permitsby the gas and oil industry before properregulations were in place. During a failingeconomy, people in this communitythought they were helping their families to

survive and bringing income into theirstate, not signing away their right to cleanwater.

In the summer of 2010, Riverkeeper andpartner organizations CatskillMountainkeeper and the NaturalResources Defense Council along withRobert F. Kennedy, Jr. and screen actor andfracktivist Mark Ruffalo, visited Dimockto see firsthand the dangers of frackinggone wrong. Shortly afterward, throughthe generous donation of RiverkeeperBoard of Directors member David Kowitz,we worked with Fenton Communicationsto launch the Don’t Frack With NY Water!campaign, which has grown into a commu-nity of almost 7,000 strong. Don’t FrackWith NY Water! was launched as a virtualcampaign supported by grassroots outreachand has been a powerful tool in creatingawareness about fracking issues and mobi-lizing people concerned about the qualityof their water to take action. Over thesummer and fall of 2010, the actions of the

Don’t Frack com-munity were instru-mental in the NewYork State Senate andAssembly passing a bill that places amoratorium on fracking until May 15,2011, a bill that had been “DOA” untilthousands of supporters rallied, wrote andcalled their legislators. In September,

DON’T FRACK WITH NY WATER!A Virtual Community Comes to Life ByTina Posterli

Dimock resident Craig Sautner displays water from hiscontaminated drinking well.

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Riverkeeper and coalition members visit the site of gas drilling in Dimock, PA.

Gas drilling in Dimock, PA

Riverkeeper and the Don’t Frack With NYWater! community were present at the EPAHydraulic Fracturing Study hearings inBinghamton, New York. Riverkeeper alsoreleased a report at the hearing, titledFractured Communities, which highlightsover 100 case studies where federal andstate regulators identified gas drilling oper-ations, including those that utilizehydraulic fracturing, as the known or sus-pected cause of groundwater, drinkingwater, and surface water contamination. InDecember, 2010, Governor David Patersonissued an Executive Order calling for atemporary timeout on permitting the useof horizontal wells for fracking for naturalgas through July 1, 2011. However, theExecutive Order creates a loophole that oiland gas corporations can exploit to allowanother form [vertical wells] to be permit-ted immediately.

Don’t Frack With NY Water! communi-ty member Emily Ascher Rann is themother of a young son and has beeninvolved with the campaign, doing grass-roots outreach by handing out materialsand educating others about the frackingissue in New York City’s Union Square.“As New Yorkers, we are fortunateenough to have some of the best unfiltereddrinking water in the world,” said Emily.“It’s horrifying to think fracking and thechemicals it releases can happen so close toour precious water supply. Through theDon’t Frack community, Riverkeeper has

helped me to feel empowered instead offeeling afraid or intimidated about thisissue. I’m grateful that they have puteverything together in such a succinct way,and have made it so easy for us to takeaction and make a difference.”

Laura Dobbins is another Don’t Frackcommunity member making a difference.She’s been working with Riverkeeper to usepublic screenings of Gasland as a tool toeducate people about fracking and hasbrought many new supporters to the Don’tFrack With NY Water! community.According to Laura, “Sometimes peoplejust need gentle reminders that lead to the‘aha moment’ that we’re all in this togeth-er. For example, that what happened inDimock and other communities across thecountry can happen here if we don’t dosomething about it now. Once people real-ize that the water they depend on is atstake, amazing things start to happen. Theyrealize they have the power to stop it.”

Natural gas developmenthas been progressing acrossthe vast Marcellus Shale ata pace and scale that noone ever envisioned, andthere is still a long way togo on the fracking front inNew York to ensure thatour most precious naturalresource is not at risk.

In February 2011, TheDelaware River BasinCommission (DRBC),issued drilling and frackingrules against the will ofNew York State, New York

City, Philadelphia, the National ParkService, the U.S. Fish and Wildlife Service,many elected officials, and thousands of cit-izens, and in March, New York Timeswriter Ian Urbina released an epic gasdrilling wastewater series documenting anextensive and disturbing amount of infor-mation gathered from EPA, state regulatorsand gas drilling companies that has notbeen previously made available, either tothe public or to other government regula-tors and decision-makers. The informationUrbina brought to light definitively estab-lishes that the danger to public health andthe environment from hydraulic fracturingis much greater than previously understood.

The work that the Don’t Frack With NYWater! community members and otherfracktivists across the state are doing ishelping to shape the way for the regulationof fracking practices and standards acrossthe country. We are all taking a stand tosay, “not here, not now.” Because onceour water supplies are fracked with, thereis no going back. �Left to right: Mike Richter, Robert F. Kennedy, Jr., and a resident of

Dimock, PA.

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Get involved! Join our Don’t Frack With NY Water! community: www.facebook.com/dontfrackwithny

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COVER STORYBy Phillip Musegaas and Tina Posterli

COMMUNITIES RISING:TAKING BACK OUR WATERWAYS

Victory in Greenpoint

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November 10, 2010, marked asignificant moment in River-keeper’s history when wejoined with Attorney GeneralAndrew Cuomo to announce alandmark settlement againstExxonMobil that holds thecompany responsible for clean-ing up between 17 million and30 million gallons of oil thatwere spilled and leaked fromits refinery and storage facili-ties into the soil and ground-water in Greenpoint, Brooklyn,over the last century.

These petroleum dischargesformed underground petrole-um plumes of more than 50acres that underlie local busi-nesses and a residential sectionof Greenpoint. The contamina-tion has also been leachinginto Newtown Creek fordecades, making Greenpointhome to the largest under-ground oil spill in any NorthAmerican city.

The settlement requiresExxon to investigate and cleanup the contaminated ground-water and soil affected by thespill and to address releases ofsoil vapors into the air andvapor intrusion from the con-tamination into Greenpoint’shomes and businesses. As partof the agreement, Exxon estab-lished a $19.5 million“Environmental BenefitProject” fund which will beused to finance communityactions to reduce pollution,

conduct environmental restora-tion and create open space inGreenpoint. ExxonMobil isalso required to pay naturalresource damages to the Stateof New York, to reimburse theState for its investigation andoversight costs, and to reim-burse Riverkeeper for its legalfees and litigation expenses.

This was a hard foughtvictory for Riverkeeper and

(continued on page 24)

These petroleum discharges formed

underground petroleum plumes of

more than 50 acres that underlie local

businesses and a residential section of

Greenpoint. The contamination has

also been leaching into Newtown Creek

for decades, making Greenpoint home

to the largest underground oil spill in

any North American city.

Paul Gallay at ExxonMobilsettlement press conference inGreenpoint, Brooklyn.

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Left to right: Martin Malave Dilan, Joseph Lentol, Andrew Cuomo, Paul Gallay, Marty Markowitz

residents of Greenpoint, whoworked tirelessly to representNewtown Creek and its neigh-borhoods and businesses foreight years. This agreementwill help to heal a communitythat’s been suffering from thetoxic effects of this oil spill fornearly a century and is a shin-ing example of people risingup to reclaim their forgot-ten/neglected waterway.

A Toxic LegacyRiverkeeper uncovered theGreenpoint oil spill during aboat patrol of Newtown Creekin 2002, when it found thefirst evidence of seeping oilfrom the Exxon refinery site,finding oil sheens, floatinggarbage and abandoned cars

littering the creek. After inves-tigating the source of the oiland the industrial history ofthe creek, Riverkeeper filed afederal lawsuit againstExxonMobil in 2004 to hold itresponsible for its role in thecontamination. Riverkeeperwas joined by Greenpoint resi-dents Laura and MikeHofmann, Teresa Toro, RolfCarle, Bill Schuck andDeborah Masters as co-plain-tiffs in its lawsuit. New YorkAttorney General Cuomo sub-sequently filed a federal law-suit alleging similar claims, aswell as other claims overwhich the State has uniqueenforcement authority. Thelawsuits were consolidated forcase management purposes by

the federal court in Brooklyn,and the parties were activelyengaged in efforts to settle thecases for almost three years.Riverkeeper was representedsince the lawsuit’s inception bydedicated law students, super-vised by law professors, atPace Law School’s Environ-mental Litigation Clinic inWhite Plains, New York.

A Community Takes ActionThe Newtown Creek Alliancewas formed in 2002 inresponse to the devastatingeffects the creek has had on thehealth and vitality of theGreenpoint community and isdedicated to improving thewaterway and its adjoiningneighborhoods. Riverkeeperhelped found the organization,which is comprised of localresidents, business owners,elected officials and other non-profit groups. With the com-pletion of another creeksideopen space at the end of theManhattan Avenue, a commu-nity-based Brownfields plan-ning grant from New YorkState, and recent investments ingreen infrastructure and

This agreement

will help to heal a

community that’s

been suffering from

the toxic effects of

this oil spill for

nearly a century

and is a shining

example of people

rising up to reclaim

their forgotten/

neglected waterway.

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stormwater management, theNewtown Creek Alliance con-tinues to support local busi-nesses, job generation,community health, and acleaner creek.

Kate Schmid is Director ofthe Newtown Creek Allianceand has been involved withRiverkeeper since 2002 whenshe was working as policyanalyst on the New York CityCouncil Committee on Water-fronts. Although she is not aGreenpoint resident, she becamean advocate for NewtownCreek during patrols withRiverkeeper and ultimatelyhelped establish the NewtownCreek Alliance. “We wereamazed at the environmentalcatastrophes we saw on patrolsof the creek,” said Kate. “Wepartnered to bring a communi-ty into a room and ultimatelyinto a conversation about whatwas happening on and alongtheir creek and found out thatwe had a group of peoplededicated to bettering theirenvironment. Riverkeeper hasprovided the science, litigationsupport and political access tothe Newtown Creek Alliance,and I brought my experience incommunity organization to thetable. Since that first meeting,we’ve grown into a strong,vital organization and havebeen able to accomplish amaz-ing things.”

(continued on page 26)

With the completion of another creekside open space at the

end of the Manhattan Avenue, a community-based Brownfields

planning grant from New York State, and recent investments in

green infrastructure and stormwater management, the

Newtown Creek Alliance continues to support local businesses,

job generation, community health, and a cleaner creek.

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Christine Holowacz is along-time resident ofGreenpoint who emigrated tothe community from Poland atthe age of 17. She has workedas a community advocate formore than 30 years and is theCommunity Liasion for theNewtown Creek MonitoringCommittee. She has friendsnow in their 60s who speak ofdays when they would swim inNewtown Creek. Christine hasnever witnessed that, but shesaid she knows there was atime when the creek was beau-tiful, “before the companiesstarted to dump toxicity intoit.” During her teen years, sheremembers the creek as beingsomething people would eitherignore or have a morbidcuriosity about, peeking in tosee what was floating in it.There was no way for peopleto access the creek when shewas younger and it kept get-ting dirtier and dirtier.“Greenpoint has always had alarge population of immigrantswho don’t get to vote untilthey get citizenship status and

that can take five years orlonger,” said Christine.“Because of this, a lot of peo-ple never felt like their voicecounted, so the things happen-ing in the community includingthe pollution in the creek,never felt like something theycould do anything about. Iwanted my children to have abetter environment here than Idid. I always felt there was noneed for it to be this way, thatindustry and residential areascan co-exist.” Christinebecame an advocate for hercommunity, actively fightingagainst the GreenpointIncinerator, which was demol-ished in 1994. Right at thattime, Riverkeeper was becom-ing a regular presence in thecommunity through the boatpatrols of Newtown Creek.Christine feels the timing wasright for her to meetRiverkeeper Patrol BoatOperator John Lipscomb andChief Investigator at the timeBasil Seggos, which led to herinvolvement in the Greenpointoil spill issue. “If Riverkeeper

hadn’t started patrolling thecreek, we wouldn’t have theenvironmental benefit programwe have today, people would-n’t have been made aware ofthe oil spill, and we wouldn’tbe working with governmentand ExxonMobil to clean upthis mess.”

What Lies AheadWhile this ends a chapter inthe Exxon case, it is not theend of the story. Next steps areto help local citizens organize

Newtown Creek ReceivesSuperfund StatusIn another major victory for Newtown Creek, on

September 27, 2010, EPA announced its decision to list

it on the Superfund National Priorities List. Over a cen-

tury of industrial pollution and raw sewage overflows

have rendered the creek one of the most highly polluted

waterways in the United States. Under Superfund, the

EPA will bring its considerable legal and technical

resources to bear to completely address the legacy of

contamination that has nearly obliterated the creek’ s

natural systems and posed a public health risk to nearby

residents.

Riverkeeper has been a vocal advocate for a Superfund

cleanup for Newtown Creek since the EPA announced

that it was considering the Canal for the federal

Superfund program in December, 2009. Riverkeeper has

also established itself as the leading pollution enforcer

on the creek, exemplified by its citizen suits against oil

companies, cement manufacturers and other polluters.

to monitor the progress of thecleanup and also the distribu-tion of the $19.5 million forcommunity benefit projects.

This story exemplifies thepower people have to make adifference. Even though it wasa long, hard road, we workedtogether with a community ofpeople determined to turn oneof the most polluted waterwaysin the nation into the promis-ing resource it can become forfuture generations. �

“If Riverkeeper hadn’t started patrolling the

creek, we wouldn’t have the environmental

benefit program we have today, people wouldn’t

have been made aware of the oil spill, and we

wouldn’t be working with government and

ExxonMobil to clean up this mess.”

CHRISTINE HOLOWACZ, GREENPOINT RESIDENT

Industry along Newtown Creek

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WHY A CLEAN NEWTOWN CREEK MATTERS!By Tina Posterli

Ever since he started patrolling Newtown Creek in

2002, Riverkeeper patrol boat captain John

Lipscomb has seen people cast their rods into the

creek and pull out fish and crabs with the inten-

tion of eating them. In a melting pot like New

York City, where many immigrant newcomers are

accustomed to subsistence fishing safely in their

home waters, there is nothing out of the ordinary

with this picture. In fact, it’s completely natural

and reasonable for people to want to use our

waterways for the purposes for which they were

intended. This is especially the case when most of

the people fishing and crabbing in waterways like

Newtown Creek are relying on what they catch to

feed their families because they don’t have

enough money for groceries. However, these peo-

ple are crabbing and fishing without having

access to a crucial fact, that what they are catch-

ing is contaminated with toxins that have been

pouring into the creek and other parts of the

Hudson for decades. At Newtown creek, there is

one sign placed at the main public access area at

Manhattan Avenue Park stating that the water-

way is unsafe for swimming and fishing. The

problem is that this sign is only printed in

English, and there is a substantial Hispanic

population living in the area who cannot read it.

This is a scenario that occurs along every

waterway of New York City with people fishing

and crabbing in the Gowanus Canal, the East

River, the lower Hudson, the Harlem River and all

points in between. Beryl Thurman, Executive

Director/President of the North Shore Waterfront

Conservancy of Staten Island, Inc. (NSWC), is

experiencing a similar situation in the Kill Van

Kull and Arthur Kill. Both of these waterways are

in violation of the U.S. Environmental Protection

Agency’s (EPA) Clean Water Act and residents

are crabbing and fishing from these polluted

waters and feeding their families and themselves

with this poisonous seafood. In Staten Island, the

problem is more wide spread. It’s not only the

immigrant population who are subsistence fish-

ing and crabbing, it’s also people whose families

have lived there for generations and all of their

lives. NSWC has requested fish advisory signs,

knowing that it won’t stop residents from crab-

bing and fishing in these waters, but at least they

will have information to be able to make an

informed decision. New York City Department of

Environmental Protection (DEP) and the EPA will

be putting up fish advisory signs on New York

City properties that have waterfront access

points to the north shore, but according to

Thurman, “Everyone is moving too slowly, and

I’m afraid they won’t be in time to prevent all of

these toxins from harming people. We need pub-

lic service announcements on TV and the radio

that make people aware that the Kill Van Kull and

Arthur Kill are in violation of the Clean Water

Act—that there are real issues in these concerns

and that these waterways have the same contam-

inants as Newark Bay and Lower Hudson River.”

While multilingual signage that properly

informs people about the risks of eating contami-

nated seafood is essential, there is a larger issue

at hand. It’s not where a fish is caught, but rather

what it’s eaten all of its life that leads to toxic

contamination. A fish in Newtown Creek will feed

there, and then migrate back out into the East

River and vice versa. “What really needs to hap-

pen is that we need to clean these toxic waters

and their sediments and stop dumping pollution

into them until fish are safe to eat,” said

Lipscomb. “Hunger is as powerful a driver as

nicotine addiction. Just like the warning label on

a cigarette pack, putting up signs might deter

some people from fishing and crabbing in toxic

waters, but it won’t stop most of them. Until the

water is clean, people will continue to pay the

price for the violations of big industry who found

an easy way out by dumping their toxic sludge

into our waters for decades.”

Riverkeeper believes that every citizen

deserves not only a clean river, but also a way to

experience and enjoy it. With your help, we are

working toward the day when people can fish and

recreate in our waterways without worry. �

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News aboutRiverkeeper events,volunteers, donors

and staff

28Join our Riverkeeper Facebook Group at www.facebook.com/HudsonRiverkeeper

Last year marked the 20thShad Festival and HudsonRiver Celebration. Riverkeeperfriends and their familiesenjoyed a day on the mainlawn of Boscobel House &Gardens filled with live music,entertainment and activities, alloverlooking one of the mostbeautiful river stretches inAmerica. Highlights of the fes-tival included a solar powered,eco merry-go-round madefrom recyclable materials andsampling and shopping alongGreen Street, the Shad Fest’seco-friendly vendor display.

Murray Fisher, Founder and

Program Director of TheUrban Assembly New YorkHarbor School, was honoredfor instilling a sense of stew-ardship over New York City’swaterways in our youth andmotivating them to become thenext generation of Riverkeepers,Baykeepers and Waterkeepers.Students he has inspired werethere in force cheering him on,a true testament to his work.

The Shad Festival started asa backyard barbecue to cele-brate the time of the year whenthe Great American Shadspawns. It’s also known as theLilac Run, because the spawn-

Hudson River Exhibit and Lenape Presentation

On February 6, 2011, over 100 people turned out for a presentation at the Nyack Library for a discus-sion about the Lenape Indian Tribe, the original habitants of our region, and the challenges and oppor-tunities we currently face. Through the generous support of the Austen-Stokes Ancient AmericasFoundation, Riverkeeper was able to host this event along with leading Lenape scholar, Dr. David M.Oestreicher. The presentation featured Riverkeeper’s traveling exhibit, “A Hudson River Journey,”which tells the story of the river from three perspectives—pre-contact Lenape, present day and near-term future. Through the exhibit, visitors travel to six regions along the Hudson River and experienceriver stories relevant to each. To find out where the exhibit will be in 2011, go to: www.riverkeeper.org.

The Other Corner Jug Band

2010 SHAD FESTIVAL

ing happens at the same timethat this beautiful flower is inbloom. Sadly, the Shad popula-tion has declined drasticallyand the fishery is now closed,which makes this festival evenmore important in helpingRiverkeeper raise awarenessabout the perils of the Shadand other species native to theHudson River.

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Robert F. Kennedy, Jr. addressing thefestival goers.

The Hudson River Journeytraveling exhibit

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From left to right: James Lipton, Joan Hornig, George Hornig, Kedakai Turner,Christie Brinkley and Paul Gallay at the Hornig home in Water Mill.

James Lipton andArnold Schwarzenegger

Riverkeeper honoredCalifornia Governor ArnoldSchwarzenegger and HBO forcontributions to environmentalpolicy and public awareness atour Fishermen’s Ball gala onApril 14, 2010 at Chelsea Pierson the Hudson River in NewYork City.

Riverkeeper Vice ChairRobert F. Kennedy, Jr. present-ed an award to GovernorSchwarzenegger for his leader-ship on climate change policy.Acclaimed director Spike Leepresented the honors to SheilaNevins, President of HBODocumentary Films, for creat-ing thought-provoking pro-gramming that focusesattention on complex issuesfacing the world. More than600 supporters of Riverkeeperattended the event.

In the evening’s highlight,James Lipton, producer andhost of the cable television pro-gram “Inside the ActorsStudio,” conducted one of hisiconic interviews on stage, withGovernor Schwarzenegger as avoluble and entertaining sub-ject. In response to one ofLipton’s trademark questions –“What sound or noise do you

love?” – the Governor respond-ed appropriately, “water.”

Comedian Andy Borowitzwas also on hand to entertainguests before dinner.

Riverkeeper is grateful toHBO for providing guests withcopies of the Academy AwardTM

nominated documentary feature“Gasland,” directed by JoshFox. The film explores some ofthe environmental impacts ofhydraulic fracturing, or hydro-fracking, a form of extractingnatural gas from beneath theearth’s surface as an energy sup-ply. Riverkeeper is working toensure that hydrofracking doesnot occur in New York Stateuntil proper regulations andenforcement mechanisms are inplace to protect public healthand the environment, includingthe drinking water supplies ofnine million New York City andHudson Valley residents.

The Fishermen’s Ball raisedmore than $1.2 million forRiverkeeper’s work to protectthe Hudson River and thedrinking water supplies uponwhich millions of New Yorkersrely. Riverkeeper is grateful toour Board of Directors and allthose who supported the event.

Fishermen’s Ball

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Riverkeeper thanks board memberGeorge Hornig and his wife Joan, andsupporter Seema Boesky, for graciouslyhosting our EcoSalon events in theHamptons and in Westchester in 2010.

In August, Joan and George, withevent co-host Christie Brinkley, wel-comed Riverkeeper supporters to theHornig home in Water Mill for cock-tails and dinner and to engage in anintimate, salon-style discussion withDr. Carl Safina, President of BlueOcean Institute and a distinguishedvoice for protecting the world’soceans. Riverkeeper Executive DirectorPaul Gallay introduced Dr. Safina,who shared insights regarding the fate of our marine ecosystemsand the importance of the work of Riverkeeper in protecting fishpopulations. Dr. Safina also provided timely observations on the2010 oil spill in the Gulf of Mexico region, to which he had maderecent site visits.

In November, Seema Boesky hosted an evening at her MountKisco home for Riverkeeper supporters with Vice Chair Robert F.Kennedy, Jr., Executive Director Paul Gallay and Riverkeeper sen-ior program staff. The group discussed Riverkeeper’s origins as agrassroots organization dedicated to protecting our region’s pre-cious water resources; and how community support and activismare critical to our success in fighting pollution and advocating forpolicies that better protect the Hudson and our drinking watersupplies.

The EcoSalon events bring thought leaders in the fields of envi-ronmentalism, politics, science, the arts and entertainment togetherwith our supporters to share perspectives on many of the mostchallenging ecological issues of our time. In 2010, these eventsraised more than $80,000 in support of Riverkeeper’s work.

EcoSalon

Dr. Carl Safina, President of BlueOcean Institute, presenting at aRiverkeeper EcoSalon.

30

GIFTS OF $100,000.00AND GREATERMr. and Mrs. David KowitzMoore Charitable FoundationMr. and Mrs. Paul Tudor Jones

GIFTS OF $50,000.00AND GREATER1199 SEIU New York’s Health & Human

Service UnionAIG, Inc.The Charitable Lead Annuity Under

the Will of Louis FeilMr. Chris Saul Davis and

Mrs. Sharon DavisGoldman, Sachs & Co.Mr. Justin DerfnerMr. John HessJohn McEnroe FoundationNew York Community TrustDr. and Mrs. Howard RubinMs. Jo-Anne Weissbart

GIFTS OF $10,000.00AND GREATERMr. and Mrs. John AbplanalpMr. and Mrs. Paul W. AdlerAnonymous DonorMr. and Mrs. Bob AscherMr. James A. Attwood and

Ms. Leslie Kim WilliamsAusten-Stokes Ancient Americas

FoundationMr. Christopher Bartle and

Ms. Eva GartnerMr. Ron BlaylockMs. Seema BoeskyIronshoreMs. Sarah Beatty BullerMr. and Mrs. Paul CamardaMr. James CavanaughCharlotte Cunneen-Hackett

Charitable TrustSteven A. & Alexandra M. Cohen

Foundation, Inc.

Mr. David CorkeryCredit Suisse First Boston CorporationMr. Roger DavidsonDBA LLCMr. Glenn R. Dubin and Dr. Eva

Andersson-DubinMr. Douglas DurstHearst CorporationMr. and Mrs. George HornigThe Hyde and Watson FoundationMr. Jay Eisenhofer and

Ms. Anne JamesonMr. and Mrs. Drew J. GuffHBOThe Malcolm Hewitt Wiener FoundationIndus Capital Partners, LLCMr. Donald JessomeMr. and Mrs. Mark KingdonMr. and Mrs. John KloppThe Walbridge FundThe Louise G. Harper Charitable Lead

Annuity TrustMr. Gary K. LippmanMr. Kevin McAdamsMs. Edith McBeanMr. John MooreMr. and Mrs. Bradford T. NordholmMr. and Mrs. Glenn PacchianaMr. and Mrs. Robert W. PittmanPolo Ralph LaurenMr. and Mrs. Jeff ResnickMr. and Mrs. Mark RockefellerAnonymous DonorMr. Harvey SchwartzMr. Steve SomeMr. John StoreyMr. and Mrs. Daniel TishmanVerizon FoundationMr. and Mrs. Klaus von HeideggerJohanette Wallerstein InstituteWhole Foods

GIFTS OF $5,000.00AND GREATERMr. Roger E. AilesMr. Bruce C. Blank and Ms. Jill Kalman

Mrs. Mary Calder RowerMr. Olivier CassegrainCharles Spear Charitable TrustMr. and Mrs. Chevy ChaseMr. Yvon ChouinardMs. Bridget L. CookeMr. and Mrs. Mark DaltonEileen Fisher, Inc.Mr. Harrison FordMs. Katie FordMs. Chandra JesseeThe Gage FundMr. Bruce D. GrivettiMr. and Mrs. H. Peter HavelesKPMGHudson River FoundationMr. Joseph Kahn and Ms. Shannon WuMr. and Mrs. Sheldon KasowitzMr. Orin S. KramerMr. and Mrs. Dale KutnickMs. Danielle LevyMacy’s, Inc.Mr. and Mrs. Tony MalkinThe Estate of Kathleen McDermottDr. and Mrs. John McGrathMs. Laura MooreMrs. Alison MorgridgeMs. Abigail NormanThe Philanthropic Collaborative, Inc.Pier Sixty, LLCMr. and Mrs. David ReillyThe Scherman Foundation, Inc.Ms. Elizabeth StricklerThe Vervane Foundation

GIFT OF $2,500.00AND GREATERAnonymous DonorMr. David Phillip AnselMs. Katherine ArthaudMr. Vickram A. BediMr. Ed HarrisMr. and Mrs. Robert T. ButlerMr. Jeffrey ColleMs. Mootsy Elliot and

Mr. Joseph Abrams

Ms. Linda Rothenberg GelfondMr. John N. Gilbert and

Mrs. Gillett A. GilbertJ.M. Kaplan FundMs. Sarah KreitmanLilly PulitzerMr. Robert ManciniMr. and Mrs. Michael MandelMr. and Mrs. Peter MatthiessenMr. Terence S. Meehan and

Mrs. Emily Souvaine MeehanMrs. Nicole MillerMoore Capital Management LLCMr. and Mrs. Alvaro NoboaMr. and Mrs. David PreiserMr. and Mrs. Michael RichterKiehlsMs. Susan SarandonMr. Michael Jeffrey ShannonThe Silberstein-Boesky Family

Foundation, Inc.Ms. Connie Steensma and

Mr. Richard PrinsMr. and Mrs. David SternMs. Jean Kennedy SmithMr. and Mrs. Joseph TonettiMr. Mark VigneriWaterkeeper Alliance

GIFTS OF $1,000.00AND GREATERMs. Wendy AbramsMr. Larry AidemMr. and Mrs. Randolph AltschulerAronovitz Family FoundationMr. Zack Bacon IIIMr. and Mrs. Shelly BergmanMr. and Mrs. Jonathan BeymanMs. Clara BinghamMs. Lorraine BraccoThe Brearley SchoolMs. Christie BrinkleyMr. Charles BukiMrs. Julia Vance CarterMr. Isadore Cassuto

With Gratitude and AppreciationRiverkeeper gratefully acknowledges the generous contributions of our private corporate and

public supporters and members, who number more than 5,000 a year. Space limitations and

eco-wise production standards allow us to present donors of $500 and greater in this pres-

entation.This listing reflects contributions received between July 1st, 2009 and June 30th, 2010.

We are grateful to all our members. For a full listing, please visit Riverkeeper.org.

31

Mr. Shawn CavanaughMr. Gary ColelloMs. Adelaide DeMenil and

Mr. Edmund CarpenterMs. Lauren De PaolaMs. Amy DesmondDickler Family Foundation, Inc.Mr. Tom DiorioMs. Alice DiMarzioDixon Talent, Inc.Ms. Junia DoanEarth Share of New YorkMr. and Mrs. Daniel EhrlichMs. Bianca Evans-OstranderMs. Alina FischMr. Hamilton FishMr. Murray FisherMr. and Mrs. Stephen FlavinMr. Lawrence B. Friedman and

Ms. Michele HertzThe Gere FoundationMr. and Mrs. Joseph GlebermanMr. and Mrs. Adam GordonMr. and Mrs. Larry GrafsteinMs. Jennifer GrossmanMr. and Mrs. Richard HandlerRobert and Helen Hardman Family FundThe Harrison T. LeFrak Charitable

Foundation, Inc.Mr. and Mrs. Robert HarrisonMs. Deborah HarryMrs. Anne Hearst McInerney and

Mr. Jay McInerneyMr. Clay Hiles and Ms. Sarah ChasisMr. Ari HoffmanDr. Mady Hornig and Dr. Ian LipkinMs. Anne IsaakJBP FoundationMr. Bobbo JetmundsenMr. William R. KagerMr. George KaufmanMr. Roger KassSenator and Mrs. John KerryMr. Charles KibelKPMGMs. Lyn Leone

Mr. Robert LessinMr. Peter A. LevyMr. Scott LindsayDr. and Mrs. Matthew LonbergMs. Linda J. LucaMr. and Mrs. John MacfarlaneMr. Greg MacGillivrayMs. Jeanne Markel and

Mr. Chris WedgeMs. Rebecca MarkleyMartha Stewart Living Omnimedia, Inc.Mr. and Mrs. Jason McManusMr. and Mrs. Howard McMorrisMr. and Mrs. Anthony MelchiorDr. Florence MilchMrs. Ilo B. MilsteinMr. and Mrs. Gary MissigmanMr. Allen MonksMr. David B. MurphyMr. Nels OlsonMr. Daniel O’NeillOn The Avenue MarketingThe Pannonia FoundationMr. Neal PawarMr. Eric A. PikeMr. and Mrs. Fred RagucciMr. Bradford RandMs. Elizabeth RogersMr. Hartley Rogers and

Mrs. Amy Falls-RogersMr. Jonathan F.P. RoseMs. Cynthia RyanAnonymous DonorMr. Seymour SchwartzMr. Christopher ShermanMr. Joseph StruzzieryMr. Stuart SundlunMs. Hannah SwettMr. Jeffrey Tannenbaum and

Ms. Nisa GellerDr. Robert Tash and Dr. Denise LeslieMs. Julie TaymorThe Tennis Channel, Inc.Thendara FoundationMs. Grace Lyu VolckhausenMr. Tim Wallach

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Mr. William WalshMr. and Mrs. Charles G. Ward IIIMs. Lin Chooi WongZiff Brothers Investments

GIFTS OF $500.00AND GREATERMr. and Mrs. Leo ArnaboldiMr. Seth Bergstein and

Mrs. Alexandra Mochary BergsteinMr. E.S. BersteinMr. and Mrs. Kenneth BuckfireMr. and Mrs. Cass CanfieldMr. and Mrs. Chuck CarpenterCharles SchwabMs. Judith ChiaraMr. Paul Childs and

Ms. Berit SchumannMs. Sarah Cogan and

Mr. Douglas H. EvansMr. and Mrs. Tom J. CullenAnonymous DonorMs. Ann DavlinMr. and Mrs. Philip DayMrs. Katarina DuplessyMr. Jason DuranMr. Gregory DurniakMr. and Mrs. Stephen DyottMr. Michael Edelman and

Ms. Rosalind WalrathMs. Julie C. EichenbergerMr. and Mrs. Richard FeigenMr. Paul M. FeuermanThe Fledgling FundMs. Elizabeth FlynnMr. Peter FrankMs. Jenevra GeorginiGoldman Sachs & Co. Matching Gift

ProgramMr. Adrian GrenierMr. Kenneth GriffinMs. Lucille HamlinMs. Elizabeth HidenMr. Jason HirschhornMr. William C. Janeway

Ms. Yukako KawataMr. George A. KellnerMs. Jean Kenna HeinsMs. Marjorie KlaymanMr. Craig Klosk and

Mrs.Tricia Kallett KloskAnonymous DonorMr. David S. LindauMr. and Mrs. Sidney LumetDr. George C. Matthiessen and

Mrs. Ormsby H. MatthiessenMr. Jake MessingMr. and Mrs. Roger MichaelsMorgan Stanley Smith Barney Global

Impact Funding TrustNancy Malcomson Connable FundNatural Gourmet Institute For Food

and HealthNetwork for GoodNorcross Wildlife Foundation, Inc.Ms. Karen OutlawMr. Richard Pascoe and

Ms. Clare GiffinMr. William PlotchMs. Bonnie RaittMr. Judson ReisMr. and Mrs. Ira ResnickMr. and Mrs. Robert RileyRobert Wood Johnson FoundationMr. and Mrs. Albert M. RosenblattMs. Sandra Saiger and

Mr. Roger GoldmanMr. Alex SchmelzerShakleeMr. Martin SolomonMr. Kevin SpathMs. Dana Stuart-BullockMs. Janet B. StonerMs. Eugenie SullivanTerraCycle, Inc.Mr. Roger W. Van VoorheesVillage of TarrytownMr. Roger E.Weisberg and

Mrs. Karen FreedmanMs. Marla Wieder

32

Volun

teerCorner

Visit www.riverkeeper.org and sign-up for our E-Newsletter and E-Alerts to stay current on news and events.

FAREN BROOKE COLLINSGiving Water Pollution a Beauty of a Fight

In July 2010, Faren Brooke Collins reachedout to Riverkeeper as the perfect partner

to help forward her platform as MissUnited StatesWater, an element title inthe Miss Earth Pageant. A NewYork Cityresident, Faren has been impacted andinspired by her proximity to the HudsonRiver and entered the pageant with thegoal of using her status to raise water con-servation and pollution awareness. Faren feels thatRiverkeeper “embodies what the fight for clean water is allabout” and is partnering with us to help people living in the citybecome more knowledgeable about their waterways and needsof the Hudson River. She made her first Riverkeeper appearanceon October 17, 2010, as part of the NYC Green City Challengethat took place next to the East River. “It’s amazing to me howso many people take for granted the very source that sustainslife,” said Faren. “I’m proud to be a part of Riverkeeper and helpto bring awareness to its mission, especially to our youth.”Faren will be working with Riverkeeper throughout 2011 on NewYork City outreach and community events.

JAMES FALLONLeading the next generation of Riverkeepers

In December 2010, fourth-grader James Fallon reached out toRiverkeeper as part of an assignment for his enrichment

class at theWampus School in Armonk, NewYork. A youngenvironmentalist who is passionate about clean water, Jameskeeps up on the latest issues through the Riverkeeper website and joined our Facebook communities, but he wanted todo more. He requested an interview with RiverkeeperExecutive Director, Paul Gallay, which James filmed. He thenturned his report into a Riverkeeper Powerpoint presentationthat he gave to both his enrichment and fourth grade classes.He talked about our mission and highlighted the historicExxonMobil settlement. James didn’t stop there; he gave a$100 donation to Riverkeeper the day of his interview andpurchased water bottles for the kids and teachers in hisenrichment and fourth grade classes. James stays informedof key issues and spreads the word to other kids about whythey should care about clean water.He’s a young person who is

making a difference as a voice offuture generations. Here aresome easy ways for kids to getinvolved and becomeRiverkeeper advocates:� Use our FirstGiving web givingprogram to ask for donationsin place of or in addition tobirthday, bar/bat mitzvah, orholiday presents. It is so sim-ple: upload pictures, add amessage and e-mail yourfriends and family asking fortheir support with the attachedURL that will link them directlyto your donation page! Formore information go to www.firstgiving.org/riverkeeper

� Selling Riverkeeper merchandise is a great way to spark upa conversation about Riverkeeper’s campaigns and collectdonations. All proceeds from our merchandise go directlyback to our programs. Contact info@riverkeeper.org to getstarted.

� Join our Volunteer Facebook page and check out the latestvolunteer pictures, information, events and chat with otherRiverkeeper volunteers at http://on.fb.me/eCT2bx

� Bring Riverkeeper to school! Fill out our online speakerrequest form and invite a Riverkeeper speaker to visit yourclass or an assembly. Contact us if you have a unique proj-ect that Riverkeeper can get involved with like James Fallondid!The speaker request form is located athttp://www.riverkeeper.org/contact/.

ROXI SUGERA Business Partner Making a Difference

Designer Roxi Suger is a mother, profes-sor at the Parsons School of Design and

owner of Angelrox, a signature design ecoladies clothing collection based in Brooklyn,NewYork. She is also one of Riverkeeper’smost avid business partners. In 2011, Roxireached out to Riverkeeper, excited to makeNewYork’s clean water advocate a recipientof an annual percentage of all Angelrox

retail sales. She also provides a discount to Riverkeeper sup-porters. Roxi’s philosophy is to inspire people to treat them-selves, others and the planet with equal respect and harmony.All of the company’s fabrics are knit on the East coast with

renewable materials including bamboo & certified organiccottons grown in the USA. Angelrox is committed to helpingothers and lessening its environmental impact.Riverkeeper Business Partners provide essential support to

the critical work that we do every day and help us reach outto people living in NewYork City and communities along theHudson River with important information about the health oftheir waterways and drinking water supplies. Angelrox is help-ing Riverkeeper raise awareness and forward our mission.Tofind out more about how to become a Riverkeeper BusinessPartner, visit www.riverkeeper.org.You may also shop to sup-port Riverkeeper at www.angelrox.com. Use code “riverkeeper”for a 25% savings on all purchases.

33

Member

Riverkeeper welcomed Justin

Derfner to our Board of Directors

in 2010. Justin is co-founder and

a managing member of The

Juster Group, a real estate acqui-

sition, financing, development

and investment firm. Justin was

previously a Vice President at The

Feil Organization, a real estate

business in which he worked in

partnership structuring and acqui-

sition and disposition of assets in

markets across the United States.

“Justin brings important skills

and a passion for our work to the

Board of Directors,” said Howard

Rubin, Chairman of the Board.

“We’re excited to have him join

us and contribute to the creative

thinking we’re doing as we set

the course for Riverkeeper’s

future.”

Justin holds a J.D. from

Brooklyn Law School, and also

practiced law in the real estate

department at Stroock & Stroock

& Lavan LLP.

“The mission of Riverkeeper is

an important one which is pre-

serving our natural resources so

that they remain wholly intact as

an integral part of our lives and

the lives of future generations,”

said Justin.

Spotlight ByTara D’Andrea

Among Connie Dean-Taylor’s

most cherished memories of her

late father, Country Music Hall of

Fame inductee and entrepreneur

Jimmy Dean, are childhood days

boating and water skiing with

him and her family in the Hudson

River and surrounding waters.

These memories are what

prompted Connie to recommend

to Sara Lee Corporation, which

acquired Jimmy Dean’s famous

sausage company in 1984, that it

designate a contribution to

Riverkeeper in memory of her

father.

“I like to think that through

this gift, the Hudson River—and

other waters by extension—are a

little bit better because of Dad,”

said Connie.

“With this donation, we are

truly honored to contribute to the

preservation of the waters Mr.

Dean cherished so much during

his life,” said Daryl Gormley, Vice

President, Jimmy Dean Brand at

Sara Lee Corporation.

Jimmy Dean passed away in

June 2010 at the age of 81.

Connie and her

father began boat-

ing on the

Potomac River in

Virginia, when

Jimmy Dean had

a ski boat and

water skied with

little Connie on

his shoulders.

When Connie

was 10 years

old, the family acquired a yacht

which took its maiden voyage in

the Hudson River and docked at

the Englewood Boat Basin in

New Jersey.The yacht was

named “Big Bad John” after

Jimmy Dean’s 1960s Grammy

Award-winning country music hit.

As the family grew, so did the

boats in being more sea-worthy,

and the family enjoyed waters

from Maine to the Bahamas.

Later, when Jimmy Dean

settled in Richmond, VA, he

worked with the former Governor

and Senator of that state, George

Allen, to spearhead cleanup initia-

tives on the James River. He

particularly prized the view of

the James River from his home,

according to Connie.

Connie Dean-Taylor says that

her father’s love of nature and

water-based activities endure as

one of his defining characteristics.

“I find myself thinking of my

Dad quite often whenever I am in

or near the water,” she said.

Riverkeeper is honored to

receive this gift in memory of

Jimmy Dean, and grateful to Sara

Lee Corp. and Connie Dean-Taylor

for their support of our programs.

Justin Derfner,New BoardMember

Jimmy Dean’s Love of Waters Rememberedwith a Gift to Riverkeeper

GE

TT

YIM

AG

ES

34

BALANCE SHEET * As of June 30, 2010

STATEMENT OF FINANCIAL POSITION * Year ended June 30, 2010

LIABILITIESAccounts payable $ 637,640

Total liabilities $ 637,640

NET ASSETSUnrestricted $ 1,053,935Temporarily restricted $ 262,828Total Net Assets $ 1,316,763

Total Liabilities and Net Assets $ 1,954,403

62%Cash and cashequivalents30%

Pledgesreceivable

4% Property & Equipment

54% Unrestricted

13%Temporarilyrestricted

33% Accounts payable

SUPPORT AND REVENUEContributions $ 1,455,087Special events $ 1,107,033Donated legal services $ 488,601Investment revenue $ 7,177Other revenue $ 16,270

Total support and revenue $ 3,074,168

EXPENSESProgram services $ 2,647,230Management $ 284,594Fundraising $ 449,884Total Expenses $ 3,381,708

Surplus/Increase in Net Assets $ (307,540)

47%Contributions

36% Special events

16% Donatedlegal services

1% Other revenue

79%Program services

8% Management

13% Fundraising

*BASED ON THE AUDITED FINANCIAL STATEMENTS FOR YEAR ENDING JUNE 30, 2010REPORTS PREPARED BY KATARINA DUPLESSY, VP/COO

ASSETSCash and cash equivalents $ 1,209,641Pledges receivable $ 582,864Property and Equipment (net) $ 79,902Prepaid expenses and deposits $ 81,996

Total Assets $ 1,954,403

4% Prepaid expensesand deposits

0% Investment revenue

20 Secor RoadOssining, New York 10562

Getting in touchwith Riverkeeper

Address20 Secor RoadOssining, New York 10562

Phone914.478.4501 / 1-800-21river

Websitewww.riverkeeper.org

E MailInfo@riverkeeper.org}

Nonprofit Org.US Postage

PAIDWhite Plains, NYPermit No. 7033