Tag: Sustainable Practices

Urban Parks Built on Former Trash Incineration Sites Could Be Contaminated With Lead, Study Finds

Many cities in Canada and the U.S. used municipal incinerators to burn their waste and trash until the early 1970s, when most of the facilities were closed due to air pollution concerns.

A new study by scientists at Duke University has found that the lead contamination produced by the incinerators could still be present in city soils.

“We found that city parks and playgrounds built on the site of a former waste incinerator can still have greatly elevated levels of lead in their surface soils many decades after the incinerator was closed,” said Daniel D. Richter, professor of soils at Duke’s Nicholas School of the Environment, who co-led the study, in a press release from Duke University.

Lead exposure has been linked with the potential for long-term health issues like nervous system and brain damage, behavioral and learning problems and slowed growth and development.

The study, “Legacies of Pre-1960s Municipal Waste Incineration in the Pb of City Soils,” was published in the journal Environmental Science & Technology Letters.

For the study, soil samples from three Durham, North Carolina, city parks were collected by Richter and his students. The parks are located on the sites of former incinerators that shut down in the early 1940s.

“A 1937 street map of Durham, North Carolina, located four city-run waste incinerators that we recognized to be sites of contemporary city parks,” the study said. “Many records describe how incinerator ash was dumped with little regard for health or environmental hazards.”

Samples taken from East Durham Park showed lead levels that were more than five times the current standard for safe soils set by the U.S. Environmental Protection Agency (EPA) for children’s play areas.

Most of the samples collected from Walltown Park were low, “but about 10% were concerning and a few were very high,” Richter said in the press release.

All of the soil tested from East End Park had lead levels below the current EPA limits for children’s safety.

Richter said the differing lead levels highlighted the necessity for more monitoring.

“Determining where contamination risks persist, and why contamination is decreasing at different rates in different locations, is essential for identifying hotspots and mitigating risks,” Richter said in the press release. “Many cities should mobilize resources to do widespread sampling and monitoring, and create soil maps and, more specifically, soil lead maps. That’s where we really need to go. Not just in Durham but in hundreds of other cities where parks, as well as churches, schools and homes, may have been built on former waste incinerator and ash disposal sites.”

Daniel Richter collects soil samples as part of a new study on lead contamination in urban soils. Duke University

Through the examination of historic municipal waste management surveys, the researchers discovered that, from the 1930s to the 1950s, approximately half the cities surveyed in Canada and the U.S. incinerated solid waste.

“These incinerators burned all kinds of garbage and trash, including paint, piping, food cans and other products that contained lead back then,” Richter said in the press release.

Sometimes the ash that was left over, which contained concentrated amounts of lead and other contaminants, was covered with a layer of topsoil that was too thin. It was also spread around new construction sites, parks and other urban areas as an amendment to soil.

“Historical surveys indicate a lack of appreciation for the health and environmental hazards of city-waste incinerator ash. Back then, they didn’t know what we do now,” Richter said.

Richter said new technology could make monitoring and sampling more possible at the thousands of places around the country that might be contaminated. Richter’s lab can now conduct a preliminary test on soil for lead and other metals using an x-ray fluorescence instrument in only 20 seconds.

Richter and his students used old newspaper clippings, street maps and archived public works records to find the places where ash was burned and distributed in six cities: Baltimore, New York City, Charleston, Jacksonville, Los Angeles and Spokane, Washington.

“This is something you could do for many cities to guide monitoring efforts,” Richter said in the press release. “There’s been a lot of interest in mitigating lead exposure in cities, but most until now has been focused on reducing risks within the home. Our study reminds us that risks exist in the outdoor environment, too.”

The post Urban Parks Built on Former Trash Incineration Sites Could Be Contaminated With Lead, Study Finds appeared first on EcoWatch.

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U.S. Sets Record for Billion-Dollar Disasters in a Single Year, With Almost Four Months to Go

With nearly four months still to go in 2023, the U.S. has already set a record for the most natural disasters that have cost $1 billion or more in a single year.

Since 1980, there have been 371 climate– and weather-related disaster events in the U.S. with costs and damages reaching or exceeding $1 billion, a press release from the National Oceanic and Atmospheric Administration’s National Centers for Environmental Information (NCEI) said. The estimated costs include a consumer price index adjustment. Altogether these disasters cost more than $2.6 trillion.

This year, there have been 23 confirmed climate and weather-related disasters in the U.S. that killed a total of 253 people and resulted in losses of more than $1 billion each. These included 18 severe storms, two floods, one winter storm, one hurricane and one wildfire.

Potential billion-dollar events from 2023 include the Southern and Midwest Drought across numerous states from Missouri to Texas, as well as August’s Tropical Storm Hilary.

The annual average number of disasters that cost $1 billion or more from 1980 to 2022 is 8.1, while the average from 2018 to 2022 is 18. This jump has put pressure on organizations providing disaster services.

“The climate has already changed, and neither the built environment nor the response systems are keeping up with the change,” said Craig Fugate, the former director of the Federal Emergency Management Agency, as The Guardian reported.

In calculating the estimated total cost of these disasters, more than a dozen private and public sources of data were used. The total direct costs take into account the physical damage to buildings, including residential, municipal and commercial; assets within those buildings; loss of living quarters or time lost due to the interruption of businesses; damage to boats and vehicles; damage to public assets like bridges, roads and offshore energy platforms; agricultural and commercial timber losses; and the costs associated with wildfire suppression.

According to NCEI, the estimates should be viewed as conservative because it is impossible to measure them completely due to a lack of consistent data, and because they do not account for things like the loss of “natural capital,” environmental degradation, healthcare costs and supply chain interruptions.

Last month, eight billion-dollar disasters were added, including the Hawaii wildfires and Hurricane Idalia, reported The Guardian.

Before this year, the record for extreme weather events that cost a minimum of $1 billion was 22 in 2020.

According to NCEI, this year’s total costs have already exceeded $57.6 billion.

“But there are things we can do to reverse the trend,” said Chris Field, a climate scientist at Stanford University, as The Associated Press reported. “If we want to reduce the damages from severe weather, we need to accelerate progress on both stopping climate change and building resilience.”

The post U.S. Sets Record for Billion-Dollar Disasters in a Single Year, With Almost Four Months to Go appeared first on EcoWatch.

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How cities are working to improve ‘tree equity’

Illustration of bench between two trees with sun in background

The vision

“We know that there are actual real-life impacts between communities that don’t have access to the health benefits of trees and those that do.”

Benita Hussain, tree equity lead at American Forests

The spotlight

This summer, when the mercury surged in Seattle, I found myself constantly crossing over to the shadier side of the street on walks with my dog. The difference was noticeable, even on the same block.

Trees, which cool their surroundings by providing shade and by pulling heat from the air as they absorb and release water, can lower temperatures by around 10 degrees Fahrenheit in city neighborhoods. Research also suggests that being around trees reduces stress and can improve other health outcomes — plus, they store carbon, reduce runoff, act as wind and noise breaks, and increase property values. But the benefits of trees are not felt equally.

“We have the data and research showing that there are parts of cities — and 80 percent of America lives in cities — huge swaths of them don’t have trees. And that is generally correlated with areas that have underserved and disadvantaged communities,” says Benita Hussain, tree equity lead at American Forests, the oldest conservation organization in the U.S. “If we don’t actually tackle the equity issue that we are facing right now, we’re going to be dealing with far more death and disease related to climate.”

Tree equity, a term coined by American Forests, is the idea that all residents deserve the same access to tree cover and the health and infrastructure benefits it confers. That requires focusing on the areas that currently lack foliage, due to historic disinvestment and racist practices like redlining. “I have the data saying [there is] 38 percent less tree canopy in communities of color, leading those communities to have 13-degree-Fahrenheit hotter temperatures,” Hussain says. “These are real life-and-death issues, and the new data sets are allowing us to build that case for communities.”

American Forests recently launched a new version of the Tree Equity Score, its publicly available mapping tool that measures tree canopy along with other factors, like health, income, and surface temperatures, to determine the need for investment in trees in a given area. The scores range from 0 to 100, with lower numbers representing greater need. With the newest update, the tool now covers all urban areas in the country, going from 500 metro areas to 2,500, along with updated census data and improved heat mapping.

“The whole premise behind it is: Let’s provide you with the best and most exact data for cities to know where to invest in trees and how their investments will actually benefit people, down to the parcel level,” Hussain says. Originally launched in 2021, the Tree Equity Score has already been used to inform tree canopy goals in a number of cities, including those in the state of Washington, which we’ve covered in the past.

The city of Detroit has used the data as an advocacy tool, says Jenni Shockling, a senior manager of urban forestry for American Forests in Detroit. “We generally knew, or at least we felt that we were seeing disparities between the tree canopy coverage, and that it tended to be by race and income level,” she says. “And now we can actually show that.”

Last fall, Detroit launched a tree equity partnership along with American Forests, DTE Energy, and a local nonprofit called The Greening of Detroit, aimed at planting more than 75,000 trees in disadvantaged neighborhoods over a five-year pilot. Detroit is also currently working on building out a Tree Equity Score Analyzer, an additional layer to the tool that will enable the city to add local landmarks and model different scenarios for tree planting on a block-to-block level.

Prior to launching the tree equity partnership, the city and local organizations were planting largely to keep up with the removal of dead trees. “Historically, combined, that was about 2,000 trees a year, and we were losing about 4 to 5,000 trees a year,” says Shockling, who previously worked on The Greening of Detroit’s field crew. “We were never going to get ahead of that curve.” But since the tree equity partnership launched, Shockling says, their team, largely composed of individuals returning from incarceration, has increased tree planting in Detroit by nearly 500 percent.

The program also includes a maintenance plan for at least the first three growing seasons, something that helps to assuage some residents’ concerns about who is responsible for tending to newly planted trees, Shockling says. Though, in some cases, community members are excited about taking that work on themselves. In one of the program’s pilot areas, a resident volunteered to water newly planted trees near their home, and received a stipend for hoses and water to support their efforts.

So far, Shockling says, most Detroiters have welcomed the tree planting. “Our crew has had people pull up and clap for them,” she says. “Every time I’m out on-site, somebody comes by and wants to talk. They usually say, immediately, ‘I love this.’ And then they tell me who in their family has asthma.”

The air-cleaning benefits of trees are what originally got Shockling interested in this work. One of her children was born with special medical needs, which meant that Shockling spent a great amount of time in children’s hospitals, where she was struck by the prevalence of childhood asthma. “It just breaks my heart to see the asthma rate, and the fact that it’s by zip code and where you’re born in the city kind of indicates what your quality of health and life will be,” she says. With her son’s medical condition, there wasn’t an obvious prevention measure. But “I saw that there was something that could be done about asthma.”

Of course, planting new trees does take time, Hussain says. And in some neighborhoods, the level of canopy cover that can be achieved is limited by things like the density of housing and other buildings, as well as climatic conditions like rainfall. The Tree Equity Score map includes different canopy goals for different areas based on these kinds of factors.

And while trees alone won’t solve the increasing problem of heat, or a city’s air quality, Shockling, Hussain, and other advocates view trees as crucial infrastructure for healthy cities. “The tree is the thing that you see, but the impact is so much greater,” Shockling says. “In addition to what they do for the air, they benefit the soil and the water and in my opinion, every living thing in between. So it’s almost like an obvious solution to me — why wouldn’t you plant a tree?”

— Claire Elise Thompson

More exposure

A parting shot

Another part of American Forests’ work is maintaining a national registry of “champion trees” — the largest known trees of a native or naturalized species in the U.S. — like this Southern catalpa tree in Baltimore County.

Two side-by-side images of a thick, leafy tree in a grassy park.

This story was originally published by Grist with the headline How cities are working to improve ‘tree equity’ on Sep 13, 2023.

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Best of Earth911 Podcast: SHARC Energy Systems CEO Lynn Mueller on Wastewater Energy Transfer Technologies

Wasted energy flows into the environment all over the world, and an immense 247 trillion…

The post Best of Earth911 Podcast: SHARC Energy Systems CEO Lynn Mueller on Wastewater Energy Transfer Technologies appeared first on Earth911.

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The American chestnut tree is coming back. Who is it for?

This story was co-published with Native News Online.

When Neil Patterson Jr. was about 7 or 8 years old, he saw a painting called “Gathering Chestnuts,” by Tonawanda Seneca artist Ernest Smith. Patterson didn’t realize that the painting showed a grove of American chestnuts, a tree that had been all but extinct since his great-grandparents’ time. Instead, what struck Patterson was the family in the foreground: As a man throws a wooden club to knock chestnuts from the branches above, a child shells the nuts and a woman gathers them in a basket. Even the dog seems engrossed in the process, watching with head cocked as the club sails through the air. 

Patterson grew up on the Tuscarora Nation Reservation just south of Lake Ontario near Niagara Falls. The painting reminded him of his elders teaching him to harvest black walnuts and hickories.

“I think, for me, it wasn’t about the tree, it was about a way of life,” said Patterson, who today is in his 40s, with silver-flecked dark hair and kids of his own. He sounded wistful.

A painting of a man throwing a club into an American chestnut tree while two people kneel nearby
“Gathering Chestnuts” watercolor by Ernest Smith (Tonawanda Seneca, Heron Clan), 1938. Courtesy of the RMSC. Rochester, N.Y.

The American chestnut tree, or číhtkęr in Tuscarora, once grew across what is currently the eastern United States, from Mississippi to Georgia, and into southeastern Canada. The beloved and ecologically important species was harvested by Indigenous peoples for millennia and once numbered in the billions, providing food and habitat to countless birds, insects, and mammals of eastern forests, before being wiped out by rampant logging and a deadly fungal blight brought on by European colonization. 

Now, a transgenic version of the American chestnut that can withstand the blight is on the cusp of being deregulated by the U.S. government. (Transgenic organisms contain DNA from other species.) When that happens, people will be able to grow the blight-resistant trees without restriction. For years, controversy has swirled around the ethics of using novel biotechnology for species conservation. But Patterson, who previously directed the Tuscarora Environment Program and today is the assistant director of the Center for Native Peoples and the Environment at the State University of New York’s College of Environmental Science and Forestry in Syracuse, has a different question: What good is bringing back a species without also restoring its traditional relationships with the Indigenous peoples who helped it flourish? 

That deep history is not always clear from conservation narratives about the blight-resistant chestnut. For the past four decades, the driving force behind the chestnut’s restoration has been The American Chestnut Foundation, a nonprofit with more than 5,000 active members in 16 chapters. Before turning to genetic engineering, the foundation tried unsuccessfully to breed a hybrid chestnut that looked and grew like an American chestnut but had genes from species native to Asia that gave it blight resistance. “Our vision is a robust eastern forest restored to its splendor,” reads The American Chestnut Foundation’s homepage, against a background of glowing green chestnut leaflets. “Our mission is to return the iconic American chestnut to its native range.”

But the Foundation website’s history of the tree begins during colonial times, suggesting a romantic notion of a precolonial wilderness that ignores the intensive agroforestry that Indigenous peoples practiced. By engineering vanished species to survive harms brought on by colonization without addressing those harms, people avoid having to make hard decisions about how most of us live on the landscape today.

leaves with small green bulbs growing on them, with some other leaves with bulbs in bags
Two unmodified, open-pollinated American chestnut burs, left, grow near hand-pollinated, genetically modified samples, in bags at right, at the State University of New York’s College of Environmental Science & Forestry Lafayette Road Experiment Station in Syracuse in 2019. Adrian Kraus / AP Photo

Bill Powell began working on chestnut genetics when he was a 28-year-old graduate student in Utah, which is actually outside the tree’s natural range. Now in his late 60s, with silvery hair, glasses, and an infectious curiosity about the relationship between tree and pathogen, he’s a leading chestnut restoration expert. 

When I met Powell in 2022, he fretted that the chestnut restoration process was taking too long. “Unfortunately, I see retirement on the horizon,” he told me. “But not anytime soon, because I have to get this done.” At the time, Powell was a colleague of Patterson’s, working for the same university and directing the American Chestnut Research and Restoration Project. Since then, as the blight-resistant tree has wound its way through the deregulatory labyrinth of federal agencies including the Environmental Protection Agency, Food and Drug Administration, and Department of Agriculture, Powell has had to step down, recently sharing his diagnosis of terminal colon cancer publicly. 

When we spoke, Powell stressed that after the blight-resistant chestnut is deregulated, no Indigenous nations will have to grow the transgenic trees on their lands if they choose not to. But he acknowledged that this does not reassure those who think of Indigenous land not in colonial terms, meaning within reservation boundaries, but instead in terms of treaty rights or cultural practices on historic tribal lands. Indigenous nations, including members of the Haudenosaunee Confederacy such as the Tuscarora Nation, have long argued that even when they ceded land to colonial governments, they did not cede their rights to access and care for plants and animals on those lands.

a man stands in a lab filled with seedlings
Bill Powell stands in a lab at the State University of New York’s College of Environmental Science & Forestry in 2019. Adrian Kraus / AP Photo

The nuts of the American chestnut are small, sweet, and nutritious. They were an important part of the varied diet that sustained Patterson’s ancestors for millennia; in return, people cared for groves of the trees across thousands of miles. When the United States pushed Indigenous peoples throughout the chestnut’s range off their lands, and the American chestnut became functionally extinct, an ancient reciprocal relationship vanished, too. 

“We were instructed to pick those nuts,” Patterson said. “And when we don’t pick them, the plant goes away.”


With craggy bark and shaggy branches of feathery leaves, the American chestnut could reach 100 feet tall during its heyday. Its trunk could be 13 feet wide. The trees huddled along the Gulf Coast for some 8,000 years during the most recent ice age, sheltering in the relatively warm stretch from Florida to the Mississippi River, because mountain peaks even in the southernmost part of the Appalachians were too cold for chestnut trees to grow. Then, as the snow receded northward 20,000 ago, the trees slowly migrated from their coastal refuges. They worked their way up the Appalachian Mountains — helped by Indigenous peoples, whom they helped in turn. 

The trees dropped an avalanche of chestnuts to the forest floor each year. According to historian Donald Edward Davis, people burned low fires that dried the nuts and killed off chestnut weevils. By suppressing other plants, fires helped the chestnut trees spread, and the nuts became staples of Indigenous diets — a reliable source of nutrition that people stored in earthen silos or pounded into flour for chestnut bread and other foods. The human-tended groves also fed animals such as elk, deer, bison, bears, passenger pigeons, panthers, wolves, and foxes. Chestnut logjams in streams created deep, clear pockets of water where fish could thrive. Several species of invertebrates relied on chestnut trees for habitat; after the trees died out, five species of moths went extinct.

European settlers forced Indigenous peoples along the chestnut’s range from much of their homelands, severing access to plants and animals they’d long interacted with. Meanwhile, settlers cut down chestnuts for many reasons — to clear space for towns and farms; to build fence posts, telegraph poles, and railroads; or just to gather the nuts more easily. 

Nevertheless, the chestnut survived for centuries. Enslaved people gathered chestnuts to supplement meager meals and to sell. White Appalachian communities came to rely on chestnuts as free feed for their hogs and other livestock, and as a cash crop.

Then, in the late 1800s, horticulturalists imported trees carrying the fungal blight Cryphonectria parasitica to the United States. The blight spread by wind and splashing rain; it also hitched rides on insects and birds. Once it landed on the bark of a new tree, it dug in through weak spots — old burn injuries, insect wounds, or scars left from woodcutting — and dissolved the tree’s living tissue with oxalic acid, creating angry orange streaks and open cankers on trunks. The trees would die back to their roots, resprout, and die back again, like botanical zombies. The blight killed at an astonishing pace. All told, a tree whose ancestors evolved millions of years ago died out in less than 50 years.

a newspaper clipping about diseased american chestnut trees
A 1912 article from the Sun describes the American chestnut tree blight. Courtesy of The New York Public Library, Astor, Lenox and Tilden Foundation / Library of Congress

In turn, the chestnut lost the people whose practices helped it thrive. Patterson told me that some Indigenous nations even lost their word for the chestnut tree, because chestnuts disappeared at the same time that the U.S. government took Indigenous children, including at least one of Patterson’s own relatives, and placed them in boarding schools. In part, this was another strategy for coercing tribes to give up territory. Many children didn’t survive the schools, which were often run by Christian organizations. Those who did were forced to give up their languages, religious beliefs, and traditions. But chestnuts still inhabit Indigenous creation stories and religious calendars, and Patterson believes that a reciprocal relationship can be reestablished between Indigenous nations and the tree. He’s just not convinced that releasing the transgenic chestnut will restore those connections. 

The Tuscarora Nation, of which Patterson is an enrolled citizen, is one of six Indigenous nations that today comprise the Haudenosaunee Confederacy, also known as the Iroquois Confederacy. The Haudenosaunee creation story, Patterson said, is “a cycle of loss, grieving, and recovery all the time, just like ecological succession.” By creating a genetically engineered chestnut, Patterson argues, scientists are avoiding the part of the cycle where people grieve and learn from their mistakes.

"What's your relationship to a transgenic chestnut?"

On the timescale of Haudenosaunee history, the losses still feel new. “It’s been 100 years — but that’s not long,” Patterson observed. Then he reconsidered. “That’s long for research scientists, or a plant technology innovator. It’s too long.” 

To Patterson, what’s not being restored — treaty rights to access and care for plants and animals on the landscape — is telling. 

“If you want to restore this, like, ‘primordial’ forest, don’t you also want to restore our relationship with that forest?” he asked. “Like — what’s your relationship to a transgenic chestnut?”

a black and white photo of trees stripped with no leaves
An undated archival photo shows a grove of blighted American chestnut trees in Page County, Virginia.
Library of Congress

By the time Patterson first saw Ernest Smith’s artwork in the early 1980s, the Tuscarora Nation was going through a cultural renaissance. Patterson’s mother made her children speak Tuscarora at home to keep the language alive. His relatives participated in political acts such as the occupation of Wounded Knee by Indigenous people from across the U.S., in part to demand that the federal government uphold treaty obligations to the Lakota people. Murals on the walls of Patterson’s state-run elementary school showed Tuscarora people hunting, fishing, trapping, and gathering, even as non-Indigenous people contested those traditional activities outside of reservation lands, from the local to the national level.

Over time, Patterson was taught that the Haudenosaunee Confederacy never ceded its “reserved rights,” or rights that are not explicitly mentioned in treaties or court cases. Today, the Confederacy maintains that it still holds rights to care for and access the species growing on its ancestral homelands and in ancestral waterways — even in territory ceded to settlers. But both the state of New York and the federal government have chipped away at those reserved rights through court cases, and often won. In this legal context, harvesting chestnuts, like the family in Smith’s painting, is not only a cultural practice; it’s an exercise of tribal sovereignty.

A man holds his arms up as he looks at a brown tree stump with many branches coming out
Neil Patterson studies a small chestnut, right, in the woods outside Syracuse. The main trunk has been killed by blight, but the roots keep sending out shoots. Julia Rosen / Los Angeles Times

Patterson works to rebuild tribal access to many plants and animals that are culturally important for Haudenosaunee peoples. Because those plants and animals often live outside of reservation lands, his work can be difficult. New York State maintains that, except on reservation lands, Indigenous peoples have the same rights as non-Indigenous peoples, and have to follow the same regulations regarding when, where, and how much they hunt, fish, or gather, such as hunting seasons or fishing licenses — regulations the Tuscarora have been fighting in court for decades. So to Patterson, the question of whether to grow transgenic trees isn’t really the most urgent one. He’s more concerned about upholding a way of life that restores traditional ecological relationships.

“Aside from the whole issue of being transgenic, this is just about access and care of place,” he told me. In New York’s state lands, he added, there are almost no provisions for gathering medicines, collecting food, or growing food in traditional territories. Yet that reciprocity helped chestnuts spread and thrive across thousands of miles and thousands of years.

The Haudenosaunee Confederacy began making treaties with white settlers more than 400 years ago. The two-row wampum belt, made of rows of white beads run through with two rows of purple beads, documents a 1613 agreement between the Haudenosaunee and Dutch settlers to live in parallel, not interfering with each other’s ways of life. In 1794, during George Washington’s presidency, the Haudenosaunee and the United States signed the Treaty of Canandaigua, affirming the Confederacy’s sovereignty on its territory. In the Nonintercourse Act, a series of statutes passed in the late 1700s and early 1800s, Congress also barred states from purchasing lands from Indigenous nations without federal approval. When states’ land purchases are approved, Indigenous nations don’t lose any other rights on those lands, such as hunting, fishing, or gathering, unless the treaty specifically cedes those rights, explained Monte Mills, who directs the Native American Law Center at the University of Washington.

Nonetheless, states including New York still try to assert control over tribes or tribal resources, and in many cases, succeed. In one 2005 case, Patterson himself was the defendant, charged by the state of New York for ice fishing without properly labeling his gear. Patterson brought a copy of the Treaty of Canandiagua to court, explaining to the judge that as a member of the Haudenosaunee Confederacy, he had the right to fish in the state park, formerly Seneca territory, without regulation by the state of New York. Patterson lost that case.

The Supreme Court of the United States has also limited Haudenosaunee reserved rights, though from a different angle. In City of Sherrill v. Oneida Indian Nation of New York, decided just a few months before Patterson’s case, the Supreme Court ruled that although the Oneida Nation, which is part of the Haudenosaunee Confederacy, never gave up certain rights on its ancestral land, it had essentially waited too long to exercise them.

This particular case centered around whether tribes had to pay local and state taxes on ancestral land that they bought back on the real estate market. In the majority opinion, Justice Ruth Bader Ginsberg wrote that both Indian law and the need to treat people equally “preclude the Tribe from rekindling embers of sovereignty that long ago grew cold.” According to Mills, the Supreme Court essentially said that Oneida had let too much time pass to assert its sovereign rights, and therefore had lost them.

“It’s one of the worst decisions from foundational Indian law court,” Mills said. Although the case was about property taxes, Mills said that it could be a precedent for preventing Indigenous nations from exercising reserved rights. “The state would probably point to Sherrill and say, ‘No, you can’t have those rights, because you haven’t asserted them for so long,’” he added.

But Mills also pointed out that sometimes, tribes and states have been able to work together to come up with mutually beneficial ways for tribes to exercise their reserved rights. If states are interested in recognizing tribal sovereignty, he said, there are models out there for how to do it.

For its part, the state of New York has been working recently to improve its relations with Indigenous nations. In 2022, the state and the federal government agreed to return more than 1,000 acres to the Onondaga Nation. That same year, Governor Kathy Hochul’s administration created an Office of Indian Nation Affairs in the Department of Environmental Conservation, the same department that 20 years previously ticketed Patterson and fought him in court over reserved fishing rights. Peter Reuben, who is enrolled in the Tonawanda Seneca Nation, is currently serving as the first director of the new office.

To Reuben, the creation of his position by the department “really shows that they are serious about us,” he said. Reuben is working to create a productive and respectful consultation process between the region’s Indigenous nations and the state of New York on environmental issues, and to hash out agreements over hunting, fishing, and treaty rights.

“If it’s in the state’s interest — which it seems like it would be — to have more support and additional resources for natural resource management, then why not work with tribal folks to support a program where they’re able to continue to do what they said they’ve been doing all along?” Mills said. “It’s probably going to lead to a better end result anyway.”

Illustration of American Chestnut with shadow of people picking chestnuts against its bark
Holly Stapleton / Grist

For now, while transgenic American chestnut trees are still highly regulated, one of the best places to see one is at the Lafayette Road Experimental Field Station on the southern outskirts of Syracuse. Powell met me there on a sunny July morning two summers ago.

On fields that glowed bean-pod green in the upstate humidity, thousands of chestnut trees grew in varying stages of reproduction, healing, and death. White paper bags festooned the taller trees, their flowers covered to manage fertilization. 

The transgenic chestnuts contain wheat DNA that lets the tree create an enzyme that fights off Cryphonectria parasitica, the fungal blight. The blight cankers on these trees don’t grow big enough to girdle them.

Rows of strappy transgenic saplings, some as tall as Powell, waited in holding plots fenced to keep out hungry deer. “We’re planting them on very close spacing, and we can only hold them for about three years, and then they get root-bound,” Powell said. As the permitting process drags on, time is running out to replant these young trees.

two women stand in a grove of trees with little white bags on some branches
A lab manager records data while a student researcher pollinates flowers on an American chestnut tree at a field research station in Syracuse in July 2022. Lauren Petracca / The Washington Post via Getty Images

I asked Powell why he thought restoring the chestnut was important. Chestnuts produced a stable crop of nuts for wildlife, because they flowered late enough in the year that they escaped flower-killing frosts, he said. “It was just an important part of our ecosystem, and for our heritage, too,” he added. “The railroads that were made in the East used ties that were made out of chestnuts because they were rot resistant. And people used to say, chestnuts used to follow you from cradle to grave, because the wood was used in everything from cradles to coffins.”

Although he’s retired, Powell is working to create a research center that would develop transgenic versions of other native species going extinct from blights, insects, and other introduced pests. He imagined growing transgenic versions of everything from elms, killed off by Dutch elm disease and the elm yellows pathogen, to ash trees, which are currently being devoured by iridescent green beetles called emerald ash borers.

People who hope to use technology to resurrect extinct species, whether the American chestnut or even the woolly mammoth, are sometimes considered ecomodernists. According to Jason Delborne, who studies biotechnology and environmental policy at North Carolina State University (where I previously worked, in the English department), “There are people who are environmentalists at their core, but sick of losing, and interested in the promise of technology to solve the ecological and environmental problems we are facing.” Part of that interest, he said, comes from a sense of responsibility to “fix what you broke.” 

a tree with dead brown leaves and tags
Dead leaves hang on a non-transgenic American chestnut tree, caused by a blight canker further down the trunk, at a field research station in Syracuse in July 2022. Lauren Petracca / The Washington Post via Getty Images

Indeed, Jamie Van Clief, the southern regional science coordinator for The American Chestnut Foundation, explained to me that she got interested in working for the organization because her field, environmental science, was depressing.

“There’s a lot of disaster, there’s a lot of dismay, and to have this foundation with such a positive and impactful mission just attracted me immensely,” she said. “To be able to work towards something when it kind of feels hopeless sometimes — and to be part of restoration on the scale that we’re doing — is incredible.”

As Powell and I gazed at a diseased, non-engineered chestnut sapling, its yellowing leaves hanging limp in the sun, I reflected that eastern forests weren’t exactly flush with any other giant trees. Almost all old growth has fallen to human endeavors. Conservation efforts also have to take into consideration climate change, which may shift suitable chestnut habitat north into Canada — and shift plant diseases’ habitats as well. Root rot, or Phytophthora cinnamomi, is another introduced pathogen. It only infects chestnuts in the South right now, because root rot dies during winter freezes. The American Chestnut Foundation estimates root rot will spread to New England in the next 50 years as the region warms. Plus, there are few places available for a new chestnut forest to grow, except perhaps forest remediation sites such as old Appalachian coal mines. The fact is, releasing blight-resistant chestnuts into the wild won’t guarantee them a landscape where they can survive.

Because biotechnology alone can’t restore the American chestnut to the numbers that its supporters are envisioning, Powell anticipates relying on citizen scientists. After deregulation, he imagines The American Chestnut Foundation sending transgenic pollen to interested people, who could pollinate the flowers of wild mother trees growing nearby. They could plant the nuts the trees grow or pass them on to other chestnut fans.

petri dishes with tiny dots that are actually tree embryos
Genetically modified chestnut embryo clusters are stored in a lab at the State University of New York’s College of Environmental Science & Forestry in Syracuse. Adrian Kraus / AP Photo

The health and ecological risks of introducing the transgenic chestnut into the wild are likely to be low, according to Delborne; its signature wheat gene is commonly found in many major food crops. But at heart, Delborne argues, the debate isn’t just about chestnuts. “It’s also about a category of technology that could find its way into the world,” he said. 

Even if the chestnut recovery doesn’t work out, the approval of the engineered chestnut for unregulated growth could open the door to a new era of biotechnology in U.S. forestry — such as a pest-resistant poplar tree, which kills forest insects by expressing genes from the bacterium Bacillus thuringiensis, and already grows commercially in other countries.

The debate about blight-resistant chestnuts isn’t really about trees or even genetic engineering; it’s about who gets to make decisions on the land. Conservation is framed in European cultures as an objective goal, but it’s a worldview that other people may not share, explained Katie Barnhill-Dilling, a North Carolina State University social scientist who researches environmental decision-making. “Some of the people I’ve talked to from the Haudenosaunee Environmental Task Force would contest that humans are here to accept the gifts as they are now,” she said.

Some Indigenous nations in the chestnut’s historic range, such as the Eastern Band of Cherokee Indians, or EBCI, are considering growing genetically engineered chestnuts on their reservation lands after the trees are deregulated. To EBCI Secretary of Agriculture and Natural Resources Joey Owle, restoring the American chestnut is another way for the tribe to exercise its sovereign rights, more than a century after the tree’s disappearance.

“It’s one project of many projects that we work on to enhance our sovereignty as a tribe, to work to establish a culturally significant resource that provided a bountiful harvest for our ancestors and wildlife,” he said. “It’s just cool to be part of it.” Based on feedback from EBCI committee members, Owle said that planting transgenic trees, while an option, is the “last option that we would like to pursue” to restore the species. For now, the EBCI is scouting out wild chestnuts that survived the blight, and planting hybrid trees on its land in partnership with The American Chestnut Foundation.

Illustration of test tube with American Chestnut branch growing inside
Holly Stapleton / Grist

On a crisp fall day a couple of years ago, Patterson and Powell arranged for around 15 people to gather chestnuts in upstate New York. The grove grew on a hilly slope on state land that used to be an agricultural field. “It was just a beautiful little spot,” Patterson recalled. The 12 or so American chestnuts were young; Patterson estimated they were perhaps 20 years old and no more than 25 feet tall.

The group, a mix of Haudenosaunee Confederacy members and non-Indigenous scientists, toted assorted equipment to gather the prickly nuts: ladders, homemade pickers, plastic buckets, sturdy leather shoes, and gloves. But first, they stood in a circle in the grove and discussed the future of the American chestnuts. According to Patterson, things quickly became adversarial.

Powell and Patterson had long been collegial: Patterson first tasted an American chestnut after he microwaved some that Powell handed him in the campus building where they both had offices. Meanwhile, Powell’s students learned from Patterson about the parallel expulsion of Indigenous peoples from their lands and the disappearance of chestnut trees.

Powell has constantly reached out to tribes for input and to understand their perspectives, Patterson said. And unlike other biotechnology researchers, Powell has focused on technology for environmental restoration, not for personal profit. “I admire the idea that this is about technology for restoration — whatever that is,” Patterson added.

But their relationships with plants remain fundamentally different. For example, Powell has talked about keeping the price of the transgenic chestnuts low, just to raise enough money to cover the costs of getting them out to people. In contrast, when I asked Patterson why he never bought or sold seeds from traditional food plants for his home garden, he sounded incredulous. “That’s like selling people,” he said. “That’s life. … Why would you sell somebody?”

That fall day, Patterson began worrying that if the restoration succeeds and transgenic chestnuts grow across the land, releasing pollen into the wind, people won’t be able to tell transgenic trees apart from non-transgenic trees. Scientists in the group assured everyone that in the future, people would be able to tell the trees apart through genetic testing.

“It was this privileged standpoint, which is, ‘Well, technology will figure it out for us.’ But it’s not as if I’m going to hand that technology to my son or nephews or my grandsons before they go off to gather,” Patterson said. “It just seemed like it was so simple to them.” He wondered why the non-Indigenous scientists and conservationists had been able to plant this grove on state land in the first place, when his nation was largely prevented from accessing or caring for plants there. 

The group got tense. “The conversation turned to fear, and to moral opposition,” Patterson recalled. Patterson realized this standoff wasn’t the right frame of mind for the trip. “Well,” he exclaimed, “let’s go pick some nuts!”

As he collected chestnuts, Patterson couldn’t help but think of Ernest Smith’s painting. “It was a fulfillment of that scene,” he told me. Patterson reflected on his ancestors, wondering how they’d gathered the prickly nuts without his contemporary tools. He felt that by collecting chestnuts, he was doing what he was supposed to do. He hoped that in the future, he’d be able to find more wild chestnuts and organize more gathering trips, taking care to bring Haudenosaunee kids along. But he could see that the masting trees were struggling with the blight and weren’t going to survive much longer. Some of the young trees were already more than half dead, leaves brown and wilted.

He and his wife, who also attended the trip, were struck by a realization: If the federal government deregulated the blight-resistant trees, letting their pollen float freely through the air, this trip might be one of the last times they could gather wild American chestnuts with certainty.

*Correction: An earlier version of this story incorrectly stated that Patterson’s relatives participated in the occupation of Alcatraz Island. Due to editing errors, the earlier version also incorrectly listed the Indigenous nations considering growing genetically engineered chestnuts and misidentified an 1885 print of a European chestnut.

This story was originally published by Grist with the headline The American chestnut tree is coming back. Who is it for? on Sep 13, 2023.

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The fight for worker safety protection heats up at the Phoenix airport

 This story is part of Record High, a Grist series examining extreme heat and its impact on how — and where — we live. 

Janae Van de Kerk works as a passenger service assistant at Phoenix Sky Harbor International Airport. It’s demanding work, requiring her to push wheelchair-bound passengers wherever they need to go — through terminals and jetways, on tarmacs, into parking lots. During the city’s record-breaking hot streak this summer, Vandekirk spent most days nursing a headache or feeling sweat soak her uniform as she slogged through temperatures as high as 118 degrees Fahrenheit. 

By way of protection, the airport gave her and her coworkers a 10-minute briefing on the basics: Drink fluids. If you’re not feeling well, sit down. 

Ah, but there’s a catch. 

“We’re not allowed to sit down unless we’re on an official break,” said Van de Kerk, and those come few and far between. By the time workers who request a breather get to the one break room available to them, their 20-minute allotment is all but over. 

On August 24, Van de Kerk and 11 of her fellow airport service workers — from passenger service assistants like her to baggage handlers and cabin cleaners — filed a complaint with the Occupational Safety and Health Administration, or OSHA. The employees, supported by Service Employees International Union, requested an inspection of working conditions they say leave them vulnerable to heat illness and exhaustion.

It is the first heat-related OSHA complaint from U.S. airport workers. The move comes after years of increasingly unbearable summers in Arizona and the Southwest that have seen temperatures increasingly ascending well into triple digits, but it could have ramifications much farther afield. Advocates hope it could motivate the agency, which governs workplace safety, to consider a blanket federal extreme heat standard for American workers. Such calls have come to a head in the record-shattering summer of 2023 and follow protests in Phoenix and beyond. A thirst strike in Washington, D.C., led by Texas Representative Greg Casar called attention to similar workers’ plights in his home state, while airport service workers at Dallas-Fort Worth International Airport have spoken out about their conditions.   

In July, the Biden administration took steps to address the mounting problem, introducing an OSHA enforcement initiative on extreme heat that would ramp up workplace inspections in high heat areas and issue hazard alerts to employers. Phoenix airport workers hope their complaint will push the agency to rigorously enforce these regulations.

In the complaint, workers also reported a lack of adequate medical attention for workers experiecing obvious heat illness. “The time that I suffered from extreme fatigue weakness I told my supervisor,” Linda Ressler, a cabin cleaner, reported in the written complaint. “She told me that I can either go home or she can get me an ambulance. I didn’t want to get the ambulance, because I don’t have money to pay. I was also in and out of conscious[ness] and was confused and didn’t know what to do.”

Workers like baggage handlers and runway signalers who direct aircraft on the tarmac are obviously most at risk from dangerous heat exposure. But cabin cleaners can experience stifling conditions when plane engines and air conditioning are turned off during layovers and the jet feels like a superheated aluminum can.

“They definitely are the invisible people,” Van de Kerk said. “Passengers don’t see them.” 

According to Service Employees International Union, inflation-adjusted wages for airport service workers have not risen in 20 years. Unlike flight attendants, these employees are not often unionized, instead contracted by the airline to work in a specific terminal, despite the fact that the airline controls the conditions of their workplace. These folks also are disproportionately people of color, and many are immigrants. 

Van de Kerk, for example, is not an official employee of the Phoenix airport or any specific airline. She is a contract worker for Prospect Airport Services. Arizona is a low-bid state, so the airport hired the company that required the least amount of money. Employees earn minimum wage. And the company, as a third party, doesn’t fall under most basic protections for workers. “Contract workers have nothing,” Van de Kerk said. “We have no voice.” 

Phoenix has been so hot this summer that people have received third-degree burns from touching asphalt. Local emergency rooms have been inundated with patients exhibiting signs of heat-related illnesses. At the airport, cabin cleaners describe drinking water from the bottles passengers leave behind just to stay cool as the cabins they worked in reached unimaginable temperatures. 

Prospect Airport Services did not respond to a request for comment.

Advocates say there is a chance to change things within the airline industry soon. The Federal Aviation Administration’s reauthorization deadline is less than a month away. Labor unions consider it a chance for Congress to require better wages and sick leave for airport service workers. If argued right, that could also include developing safety protocols for workers in dangerously hot conditions. 

This story was originally published by Grist with the headline The fight for worker safety protection heats up at the Phoenix airport on Sep 13, 2023.

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Study: Lead exposure killed more than 5 million people in just one year

There is no safe level of lead. The naturally occurring metal is so toxic that the Environmental Protection Agency began banning its use in paint and gasoline in the 1970s, following the lead of other countries. Since then, a growing body of research has confirmed the health effects of lead exposure, including heart and kidney diseases. The effects are particularly pronounced in children. Exposure to lead in the first five years of life has been shown to hinder brain development, stunting a child’s ability to learn, focus, and control their impulses. 

A new study from the World Bank tallies the staggering worldwide toll: 5.5 million deaths from heart diseases because of exposure to lead in 2019 alone. Researchers also found that exposure to lead in children under five years old led to a loss of more than 750 million IQ points — a standardized measure of intellectual ability. People in low and middle income countries, where blood lead levels are higher on average than in high income countries, were hit hardest. The overall cost of exposure was $6 trillion in 2019, the equivalent of nearly 7 percent of the world’s economic output.  

“There has been this idea that since the phase out of lead in gasoline [in the 1970s], the problem has more or less been solved,” said Bjorn Larsen, a consultant with the World Bank and lead author of the study. “Our estimate indicates that the health effects and the cost of lead exposure is possibly as large as the health effects and costs of fine particulate ambient air pollution and household air pollution combined. That is enormous.”

The study, published in the journal Lancet Public Health on Monday, relied on blood lead level estimates in a 2019 study that aggregated data sources on health and mortality outcomes worldwide. Larsen and his co-author then used existing research on the effects of lead to calculate IQ loss in children and deaths from cardiovascular disease in adults. They also estimated the economic costs of the loss in IQ and deaths. The findings were “surprising,” Larsen said. 

IQ losses were about 80 percent higher and the number of deaths from cardiovascular disease was six times higher than previous estimates. Larsen attributed the difference to improvements in our understanding of the effects of lead exposure and a more comprehensive methodology that better captured how exposure could cause cardiovascular diseases. 

Blood lead levels in American children have dropped dramatically in the last few decades. In the 1970s, kids between the ages of one and five years old were found to have 15 micrograms of lead in each deciliter of blood. That figure dropped to 0.6 micrograms in 2017. But in low and middle income countries the researchers found that the average is still about 4.6 micrograms per deciliter, which Larsen said drove the findings on IQ loss and cardiovascular disease.

There are many factors causing higher levels of blood lead levels in lower income countries. Lead battery recycling units may contaminate the air, water, or soil in and around population centers. Aluminum pots and pans might be tainted with lead that eventually leaches into food. Leaded paint is also still used in many countries, and lead has been found in phosphate fertilizers, which could be contaminating crops. It’s unclear which of these sources are driving elevated levels of blood in lower income countries. 

Larsen said that governments and aid organizations should routinely test children to get a better understanding of lead exposure. And that, in turn, could help identify hot spots and potential sources of the toxic metal. 

“The understanding of these sources is very incomplete,” said Larsen. “We are decades behind on lead, because it has been a neglected area up until now.” 

This story was originally published by Grist with the headline Study: Lead exposure killed more than 5 million people in just one year on Sep 12, 2023.

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Heat Pumps Are Twice as Efficient as Oil and Gas Heating in Cold Weather, Study Says

A new study from Oxford University and Regulatory Assistance Project, an NGO, found that even in cold weather, heat pumps are twice as efficient as heating from fossil fuel sources. 

Although heat pumps have been identified as an important way to transition to cleaner energy sources, there have been concerns over whether the pumps would perform adequately in lower temperatures. 

Research published in the journal Joule finds that not only are heat pumps capable of operating efficiently in colder weather, but they can even outperform other heating sources, like oil, gas or electric resistive heating. 

Ground-source heat pumps can be particularly efficient in cold weather, because there aren’t big changes in soil temperatures between seasons, the study authors explained. Further, the authors noted that ground-source heat pumps don’t need to use any energy to defrost, also boosting their efficiency in cold weather.

To reach these findings, the researchers evaluated the performance data from seven different field studies in mild cold climates, or areas with average temperatures above -10 degrees Celsius (14 degrees Fahrenheit) for January. The studied regions include Switzerland, Germany, the UK, Canada, China, and two field studies in the U.S. They found that the efficiency of heat pumps in mild cold climates when temperatures were between -10 and 5 degrees Celsius was much higher than heating from both fossil fuel sources and electric resistance heat sources.

The team also studied cold-climate heat pump performance in areas with extreme cold climates, or average January temperatures below -10 degrees Celsius. In this review, they found that cold-climate air-source heat pumps produced a coefficient of performance (COP) of over 1.5 at temperatures as cold as -30 degrees Celsius (-22 degrees Fahrenheit). However, the authors noted that while there are heat pumps designed specifically for colder climates, these systems aren’t the best option everywhere. They may perform less efficiently when temperatures are mild.

Ultimately, the study found that heat pumps were performing two to three times more efficiently than combustion heating or electric resistance heating. The authors noted that the findings largely suggest that heat pumps do not require a backup heating source, like a fossil fuel powered heating source, but more studies are needed to consider the value of hybrid heating systems.

Because heat pumps can cost more up front than other heating elements, consumers may be hesitant to install them. This has prompted some governments to consider incentives to transition more households to heat pump systems. For instance, the UK is considering incentive proposals to encourage more people to make the switch and is also requiring a heat pump sales quota for heating companies, The Guardian reported.

The new research could help ease concerns around the world over the effectiveness of heat pumps, particularly in below-freezing temperatures.

“Our view is that the widespread rollout of air-source heat pumps around the world as part of decarbonization efforts can be successful with existing technology in most areas that have space heating demand,” the authors concluded. “Ground-source heat pumps and hybrid air-source systems may have significant value in the coldest climates.”

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