California state parks

Environmental Injustice and Accountability

Shall we all agree? Injustice shall not stand! But what are the ultimate measures of environmental injustice, and how do we make those responsible for violating those measures more accountable? Shouldn’t these be the primary questions we pose as ethical humans concerned with the welfare of future generations? As the which came first the chicken-or-the-egg statement goes, ‘no peace, no justice.’

Species Loss and Soil Loss

I posit that the loss of species is the primary measure of environmental injustice. And I would suggest that soil loss is, as a measure, just as important. It is sometimes difficult to make the case that a given species is critical to the welfare of humans. But any informed, rational conversation on the subject will eventually conclude that the most justice is served by ensuring all species survive. It is similarly difficult for most people to understand and discuss the importance of keeping soil in its rightful place. And again, if people take the time to have informed rational discussions on this matter, they will conclude that is absolutely critical that humans do everything in their power to ensure that soil is not lost…from any place.

Measuring Success

Humans have become expert at measuring things, and there are easily available metrics for monitoring species and soil health. The federal government of the United States has an Endangered Species Act and a Marine Mammal Protection Act and the State of California has its analogues. These two very powerful pieces of legislation demand a science-based approach of measuring the degree to which species are approaching extinction, publishing lists of species which have entered that trajectory, and demanding humans take the actions necessary to recover those species back to healthy populations. With those rules, we have progressed well in our species health measurements, database management, analyses, and predictions – oodles of very smart humans’ careers are spent on these issues. The US Fish and Wildlife Service, National Marine Fisheries and California Department of Fish and Wildlife are the authorities responsible for protecting species.

Similarly, both the federal government and the State of California have strong legislation to address soil loss. The federal Clean Water Act and the state Porter-Cologne Act both address soil loss where it can most easily be shown to affect human welfare: in wetlands, streams, and rivers. Again, humans have become adept at measuring soil (aka ‘sediment’) levels in our wetlands and waterways. The acting authority for both pieces of legislation is the State Water Quality Control Board, acting with Regional Water Quality Control Boards…ours being the Central Coast office based in San Luis Obispo.

Photo by Vince Duperron

Progress?

We have had some success, but mostly we are failing to address species decline and soil loss. The Monterey Bay region has excellent examples of both the limited successes and abject failures with both issues. If you get to Moss Landing or Monterey and hop on a whale watching boat (and I hope you do!), you can predictably view endangered species that, due to legal protections, measurements, and adaptive management, have recovered somewhat from extinction. Hike at the Pinnacles, and you can see California condors which most people feared would go extinct not that long ago. Walk on some of our local beaches and you might see a snowy plover…another species who owes its survival around here to the Endangered Species Act. Same with the southern sea otter, marbled murrelet, and the central coast populations of steelhead and coho salmon. If I’m convincing you of humans’ ability to reverse species extinction, you are being premature. All of those species, and dozens more endangered animal species remain on the federal and state lists of imperiled species because they have not been recovered. And, many, many more species qualify for listing under the state and federal endangered species acts but the authorities haven’t spent the time to analyze them. Locally, only the peregrine falcon has been ‘delisted’ – no small feat! The reason so many species are so tenuously holding onto their existence: lack of accountability.

Accountability

Holding people accountable begins with measuring their success. After legal action by the Center for Biological Diversity, the US Fish and Wildlife Service has been dutifully publishing 5-year reviews of the status of each federally listed species; the stories in those reports are not good, but their reports fail to go so far as to hold anyone accountable. Turning to our much-vaunted free press, The Intercept recently published an exposé that illustrates who should be held accountable for the lack of protection afforded endangered grizzly bears. That story, and similar stories I’ve documented from around the Monterey Bay, point to problems with the justice system. If you haven’t figured it out yet, the US justice system is seriously in trouble: there is no justice in the USA! As shown in that Intercept article, anyone can destroy the habitat of, or kill individuals of, any endangered species and easily get away with it.

Point Reyes Horkelia: another species about to be listed as Endangered due to bad public lands management decisions

Local Examples – Endangered Species

Whale species, snowy plovers, Ohlone tiger beetles, California red-legged frogs – all local endangered species with good documentation of legal infractions that have gone unanswered. There are films, witnesses, and reliable first-hand accounts (including by legal enforcement personnel) showing boat captains purposefully pursuing and interfering with the movement of – harassing – legally protected whales on the Monterey Bay…and these are ongoing situations. When interviewed, Federal enforcement personnel say that it is hopeless to enforce such infractions because they report to too few legal personnel and those personnel say such cases don’t stand any hope of holding up in court. Similarly, State enforcement personnel say that unless they catch, film, and have witnesses of someone in the act of killing an endangered sea otter (with ‘blood on their hands’ and a ‘body in their trunk’) there is no hope of legal enforcement of the many more frequent (and well documented) situations of human behavior negatively impacting that imperiled species. Again, they say this is due to limited legal bandwidth within their agency and the hopeless nature of the justice system in convicting anyone. In Florida, there is good legal precedent for finding parks agencies responsible for allowing visitors to trample endangered sea turtle nests. In Florida, as with California, state parks personnel are required to plan for such endangered species protection, even on popular beaches. Around the Monterey Bay, parks agencies routinely allow visitors to trample endangered snowy plover nests and squish endangered Ohlone tiger beetles: there’s documentation aplenty with both situations. As recently as this past year, park agency personnel have destroyed wetlands occupied by California red-legged frogs to ‘improve’ trails. In past years, park agencies have graded and graveled trails, destroying Ohlone tiger beetle habitat. When reports reach federal officials, they respond that they contact parks personnel, admonish them, receive apologies, and then they forget it…there is not one bit of justice served!

Local Examples – Soil Loss

I could, and will in a future essay, provide a similar litany of examples where responsible agencies have failed to enforce regulations designed to address soil loss. The San Lorenzo River is ‘listed’ as impaired by sediment- soil loss in that watershed is rampant and largely unaddressed. There is more to come on this.

Upper- and Lower-Level Accountability

What do we do? If voters don’t demand that District Attorneys enforce environmental crimes, they won’t. If we don’t demand that our politicians have environmental platforms, they won’t work to improve the justice system so that it protects species and soils. But is the fault really way up there at those ranks? Can’t we demand accountability at lower levels? After all, unless we work together at every level, we won’t succeed.

If you see something, say something. We must have compassion for the enforcement personnel who so want to do their jobs but feel disempowered. And let’s learn how to be good witnesses, how to provide the right reports, and how to help document the two primary root environmental justice issues. Evidence must mount from more people more frequently. We must also make sure that the evidence is well stewarded: I look forward to annual reports from enforcement agencies about the frequency of infractions that remain unenforced.

Finally, why do we allow parks agencies to keep operating so that visitors are destroying the endangered species that those parks were designated to protect? Why do parks personnel allow so much soil loss from roads, trails, farms, and buildings? This goes beyond enforcement. This is a political issue. No one wants such injustice.

-this essay originally posted by the wise Bruce Bratton, who aligns some of the areas’ best minds to post in his weekly blog at BrattonOnline.com – why not subscribe today?

Good Roach Stewards: Shifting Baselines

“Shifting baselines” is a term used to illustrate how humans acculturate to reduced wildlife, thinking that what they experience is normal and good. “Good enough” is perhaps a better term. Too many people measure success by saying ‘good enough!’ With species diversity in general and wildlife population health specifically, ‘good enough’ for some people is probably not what most people deserve and ‘shifting baselines’ is the problem at hand for large areas of Santa Cruz County.

Current Baseline: Shift Happened

Fifteen thousand years ago, a combination of poor human stewardship and climate change created a mass extinction event in California. Dire wolf, mastodon, mammoth, lion and other big cats, camel and horse relatives, the California turkey, a flightless duck in the lagoon at Laguna Creek, ground sloth, short-faced bear, and a host of other critters disappeared in a very short period of time. We don’t miss those species – they aren’t part of our cultural memory. But, we do seem to reminisce about beaver, gray wolf, tule elk, the California grizzly, badger and pronghorn…species that disappeared from the Central Coast more recently. Well, I’m not sure how many people really think about those species and ‘miss’ them. I do. The miracle recovery of some whale species seems to excite people, but those same people generally don’t consider the vastly reduced numbers of those species. In sum, our current wildlife situation is what is known as ‘depauperate’ – much reduced from historical numbers. And yet, most people think that what occurs today is ‘normal’ and they don’t much think about the opportunities to recover wildlife to more healthy populations on at least public lands in the Central Coast. Our experience of our “biological baseline” is greatly different than humans 15,000 years ago.

What will future generations of humans come to think of as normal? Will they one day realize that California is down to three species of wildlife, all cockroaches, and form some sort of cultural pride to recover the last remaining wild species? This is the trajectory we are moving towards because no one seems to care about the situation with the Central Coast’s wildlife, right now. If they did, local parks managers would hear about it and politicians would hold them accountable.

Parks Manager Responsibility

Whether we are thinking about State Parks or land managed by the Bureau of Land Management (BLM), the officials in charge of more than 20% of Santa Cruz County have a responsibility to monitor the impact of their management choices and to maintain wildlife populations for future generations. Specifically, all State Parks are required to have a General Plan and, in those plans, to outline how they will manage responsibly to maintain healthy wildlife populations. Similarly, the BLM is required to manage Cotoni Coast Dairies first and foremost for conservation, which requires wildlife surveys be conducted that can inform the agency’s management of livestock, ecosystems, and recreation.

Cotoni Coast Dairies: A Singularly Special Opportunity

What makes BLM’s management of Cotoni Coast Dairies a grandly special opportunity is that the property has not yet been opened to the public, so BLM can collect wildlife data before recreational activities begin to impact species. The wildlife of all other parks has already been negatively impacted by recreational use and so we can’t as easily understand how to improve the management of recreation in those places. Perhaps trail use on the trails BLM has already built will have no impact on wildlife – that would be extremely unusual! Chances are good that recreational use will negatively affect wildlife even hundreds of feet away from the trails. We won’t know how significant those effects will be unless data are collected before recreational use of the trails. And, we won’t learn which species are impacted by what numbers, timing and types of recreational use: those things would be very relevant to BLM and other regional parks managers in order to accomplish their mandates.

Illustration compliments of Steven DeCinzo

On the Other Hand: ‘Good Enough!’

Here’s some of the things I’ve heard about biological baselines to inform land management in Santa Cruz County. Mostly, land managers say that they have enough information to make good decisions. This is important for them to say because they are required to use the best available science. If they say that they don’t have sufficient science, they are admitting fault and might be held liable, so they can’t say anything but that they have enough science already.

When pressed, they say something akin to “Just look! Habitat!” You dare not suggest species are a better measure of management success because they have a world of arguments against that approach. Their argument goes…if you have a grassland, you have done all you can to protect grassland species…a redwood forest! Violà! Redwood forest species all taken care of! If the species aren’t there, they say something like “well, that’s beyond our control” or “they’ll show up some day.” In short…some vague habitat description and a map of the presence of said habitat is ‘good enough.’ The fact is that species are much more sensitive to management of those habitats than manager’s broad brush would suggest. The problem is…any more refined monitoring might be either expensive and/or could hold managers accountable.

Accountability

What if you had rare wildlife species on the land you managed, what would you do? Might you consult with the agency that is responsible for recovering those species? The California Department of Fish and Wildlife has good wildlife biologists, and they have survey protocols that are useful in documenting a species’ presence/abundance. Same with the US Fish and Wildlife Service and the National Marine Fisheries Service.

Would you want to make the public aware of the conservation work you are performing, and how successful it has been? Would you be worried about negative publicity?

Do you think lands managers feel accountable about more than their conservation mandates? Do you think that they feel accountable to certain recreational user groups? How would you know which type of accountability they feel more concerned about?

Your Role

I hope that you have joined a pro-wildlife advocacy group. Working together, we can make sure that the wildlife our children’s children experience is more diverse, and more plentiful, than what we experience now. The alternative is bleak: children fascinated by the last species, raising cockroaches in cages and hoping that their offspring might live in the impoverished ecology resulting from a world of shifting baselines. I don’t think that is good enough.

– this article published in Bruce Bratton’s fabulous weekly blog BrattonOnline.com Sign up at that site to get the alert that it is out and then enjoy some quality time reflecting on news that matters…as well as excellent film/media reviews.

Slowing Down -or- Rushing?

So much environmental degradation seems to be due to our rushing around. How can we best slow down? Each of us can do our part in creating the Great Slowdown that we need to sustain the planet.

Save More, Buy Less

The first and easiest way to help the Great Slowdown is to stop buying so much Stuff. If you haven’t watched the Story of Stuff in a while, or not at all, DO IT NOW. This 21-minute video is compelling, fun, and has changed more lives than many a 20-some minute experience otherwise. I think it’s worth watching regularly, perhaps in October just before the stuff-a-thon holiday season besets our culture. 

If you listen to the news, you will understand how important buying stuff is for our unsustainable economy. “Inflation is up, but ‘luckily’ consumer spending is cooking right along, otherwise our economy would be hosed.” A president once said in a national crisis, something like, “Just keep buying stuff!” Time is money, and by spending your money on useless crap, you are wasting your time, carelessly throwing away your life, and helping to wreck the planet. A few years ago, someone did a calculation and the transaction cost of each dollar spent was a liter of oil. I’m betting it’s worse now. Save a buck, keep a liter of oil from burning up.

Stop Rushing at Work

There is so much pressure to do more at work, but is that really helping anything? Chances are good that the more we rush, the worse off the planet is. How about we slow down? Carefully watch those who rush around with their work: why are they doing that? I’m betting that they mostly want to impress people, get others to work harder, or they are avoiding problems at home or something they might better be doing for Real Good.

The labor movement has something called ‘working by the book,’ which we might emulate to improve the planet. What is absolutely necessary to do with your work? What does the job description say? What are the metrics for success? Often, organizations keep the productivity targets elusive, to keep everyone guessing or trying to push for more. On the other hand, if productivity targets are defined, ask yourself if they are set too high. If so, it might be time to work with your colleagues to reduce them to something more manageable.

Slowing down at work is part of the solution, part of the Great Slowdown.

Working for the Planet

 The capitalist system mostly asks each worker to create efficiencies that are bad for the planet. As we learn to care more for the planet, we will find ways to sneak improvements into the workplace that will help Earth. Is there a way to reduce driving, material transport, waste? Does your workplace purchase recycled paper, organic foods, and other eco-friendly products? Maybe there’s a sustainability policy on your business’ horizon.

Beware the Fakes

If you see potential greenwashing, ask about it! I recently asked a seemingly eco-conscious caterer what they meant by “gourmet sandwiches, made from the finest local ingredients” and it turned out that they used very mainstream factory-farmed meats and conventionally grown produce distributed from warehouses far away. They soon thereafter changed their menu language. That was the third time I was able to affect that kind of change. Do we choose places that are true to their word about their products? How do we know if we don’t ask? Why would they be true to their word if folks never asked?

Buy Green

The list of businesses that are truly green is getting smaller, not larger in Santa Cruz. There are fewer restaurants serving local, organic foods than there were a few years ago. Local grocery stores are sliding further from, not closer to, sustainability. I suspect all of this is because people are not pursuing green purchases.

Keep Your Keel

How easy it is to go with the flow, but is that truly the best thing for the planet? There is a concept called ‘slippage’ where environmental policies are interpreted in ways that slip away from the intent of the policy, usually with negative environmental consequence.

If your work entails intersection with environmental policies, it is time to ask how you can help interpret those to environmental benefit, not environmental degradation. It is time also to ask what is the greatest good you can do with your work, focusing on the issues of greatest impact for environmental improvement. As I’ve said in prior posts, the metric should be species conservation: how can our work best affect that outcome? The answers are usually easy to arrive at.

Beware of False Dichotomies

Those who are most invested in slippage often use false dichotomies. Parks managers often note that they have a difficult dual mandate: to provide for public recreational access while conserving wildlife. For a large portion of Santa Cruz County, managers are leaning heavily on this false dichotomy to ‘sell’ the concept that it’s just fine for our wildlife to disappear because of their mismanagement. Trails erode tons of sediment into streams and wetlands, trash litters our beautiful beaches, and graffiti proliferates on sea cliffs because of the slippage that is embraced by the poor logic presented by parks managers’ adoption of their false dichotomies.

Parks Management Slippage

Many of these parks’ managers use other forms of slippage. The California Public Resources Code says this about State Parks: “Following classification or reclassification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit, the department shall prepare a general plan or revise any existing plan for the unit.” Look at the North Coast beaches, and Gray Whale Ranch…and, enter slippage: none of those have general plans, and all have ‘new facilities.’ I’m sure that someone, somewhere can provide some beautiful logic about how that can be possible. Has someone said ‘if anyone asks just tell them we never “classified or reclassified” those “units” and they were never “previously classified” (hardy-har-har-har, that’ll get ‘em).’ Anyone in their right mind would know that the responsible thing to do would be to create a general plan before opening a park, and that’s what was meant by that part of the Resources Code. Meanwhile, we must all ask WHY are these precious places opened to visitation without a plan to conserve wildlife on those spectacularly biodiverse places?? If you work for State Parks, you must ask yourself what place you have played in allowing such things to happen and how you might reverse this slippage. If you work for other land conservation organizations, you might have similar things to ponder: do you hold a false dichotomy promulgated by those with anti-conservation agendas? Where do you lie on the spectrum of serving Earth or serving Greed? If you are torn and in doubt, maybe it’s time to slow down and ‘work by the book.’ It might be better if you embrace the Great Slowdown in your job while you increasingly help others become aware of slippage.

-this post originally found at BrattonOnline.com