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08-E Texas Clean Air Cities Coalition DRAFT RESOLUTION NO. fattorneylresworklcurrentl Texas Clean Air Cities Coalition December 6, 2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS (THE "CITY"), APPROVING THE BYLA WS OF THE TEXAS CLEAN AIR CITIES COALITION (THE "COALITION"); ACCEPTING MEMBERSHIP IN SAID COALITION; APPOINTING A REPRESENTATIVE TO THE COALITION; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas local governments and local government organizations including the City are dedicated to attaining clean air and reasonably-priced electric energy in sufficient quantities; and, WHEREAS, pending plans for the construction of approximately seventeen coal-burning electric power plants in Texas before 2010 may adversely impact air quality in numerous Texas locales; may adversely affect the ability of the City and of other local governments to attain and maintain federally-mandated clean air standards, and have other adverse effects; and, WHEREAS, jointly participating as a member of the Coalition in clean-air permitting proceedings and related efforts with other local governments and local government organizations will allow the City to benefit from the outcome of intervention in these proceedings while minimizing the costs of intervention; and, WHEREAS, the City has been assured that the Coalition will allow the City to join the Coalition without payment of membership dues and without liability for any expense or other obligations of the Coalition; and, WHEREAS, upon review and consideration of the Bylaws for the Coalition, the City Council is of the opinion that it is in the best interest of the City and of its residents to become a member of the Coalition; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved with the understanding that this resolution is null and void if the Coalition's Participation Agreement and By-Laws are not amended on or about November 17,2006, to state in substance that no member of the Coalition shall be liable for any legal expenses or other obligations of the Coalition. Section 2. That the Participation Agreement and Bylaws of the Texas Clean Air Cities Coalition are hereby approved. fee. Section 3. That the City accepts membership in the Coalition but will not pay a membership Section 4. That the City hereby appoints Gene Anderson, Director of Finance to serve as the City's representative to the Coalition and to act on its behalf in all respects in relation to the Coalition. Section 5. That the City's representative is authorized to take those steps that are reasonable and necessary to comply with and to effectuate the intent of this Resolution. Section 6. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED this 11 th day of December, 2006. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Assistant City Attorney THE STATE OF TEXAS ~ ~ S TEXAS CLEAN AIR CITIES PARTICIPATION AGREEMENT AND BY-LAWS COUNTY OF THESE PARTICIPATION AGREEMENT AND BY-LAWS ("Agreement") are made and effective as of _ day of ,2006, by, between and among the CITY OF DALLAS, TEXAS ("City"), the CITY OF HOUSTON, TEXAS, and the OTHER MEMBER LOCAL GOVERNMENT UNITS AND ORGANIZATIONS of the TEXAS CLEAN AIR CITIES COALITION (the "Coalition" or "TCACC"). This Agreement is authorized by the Texas Interlocal Cooperation Act (VT.c.A. Texas C'JOvernment Code, Chapter 791), and other authorities. W J T N E SSE T H: WHEREAS, the members of the Coalition are dedicated to attaining clean air and reasonably- priced electric eneQ:,ry in sufficient quantities~ WHEREAS, the construction of many coal-burning electric power plants in Texas before 2010 may adversely impact air quality in numerous Texas cities and other local government jurisdictions including several of the Coalition members and adversely affect their ability to attain and maintain federally-mandated clean air standards and adversely affect the health, morale, and productivity of their officers and employees and of their' residents, as well as the attractiveness, usefulness of outdoor venues including parks and other entertainment and recreation facilities, and diminution of their revenue associated with such adverse affects~ WHEREAS, the members of the Coalition are committed to ensuring that said plants use technology and operating processes that minimize air pollution while still pr~viding sufficient electric generating capacity for their needs at reasonable pnces~ WHEREAS, the Coalition members are deeply concerned that the governmental agencies that are responsible for permitting said construction may not be using procedures and standards that provide fuB and fair consideration TCACC's concerns, including procedures and standards that adequately consider the potential cumulative impact of numerous additional plants and which require the cleanest practicable available processes and technologies; WHEREAS, the adoption of fuJl and fair procedures and standards by state and federal agencies that adjudicate and adopt rules on environmental matters is of fundamental importance to all members ofTCACC; WHEREAS, failure to attain federally-mandated clean air standards, insufficient electric energy, and unreasonably priced electric energy each can substantially and adversely affect, among other important things, the level of economic activities in the environs ofCoaIition members and hence their tax, franchise, right-of-way compensation and other sources of funding for their respective general funds including the General Fund of the City~ Texas Clean Air Cities Participating Agreement and By-Laws Page 2 of7 WHEREAS, jointly participating in permitting proceedings and litigation and related efforts with other Coalition members will allow the City to benefit from the outcome of the litigation while minimizing the costs of litigation and of other efforts; and NOW THEREFORE, In consideration of the premises, agreements, covenants and promises set forth herein, it is agreed as follows: I. TCACC and Standin!!: Steenn!!: Committee Membershi{l The TCACC members hereby form the TEXAS CLEAN AIR CITIES COALITION ('TCACC"), a Texas not-for-profit unincorporated association. Each member shall approve its membership in the TCACC and designate its representative to receive notices and participate in and vote at TCACC meetings. The TCACC shall be composed of all cities and other local government units and organizations of Texas paying the current nonrefundable membership fee. The fee for the initial period (approximately one year) is $10,000 for each member. The members shall elect a Steering Committee consisting of no more than five (5) persons, each such member being the designated representative to TCACC of a different member which shall function as the Board of Directors. The Steering Committee shall at least include a representative from the cities of Dallas and Houston. The remainder of the representatives shall be selected by the members as of the time of selection based upon diversity of geographic location and population size. Each member ofTCACC and each member on the Steering Committee shall have one vote as to decisions of their respective bodies.. Meetings of the Steering Committee shall be open for observation to each member ofTCACC whether or not it has a representative on the Steering Committee. Decisions ofTCACC shall be by majority of members Participating in any proceeding or meeting at which a vote is taken. Cities may participate and vote via telephone and/or via written proxy in form acceptable to the presiding officer, who shall be the senor officer of the Steering Committee present or otherwise participating in a proceeding, or if there be none, then a person selected by members participating at the proceeding. Members who join after the date hereof shall be bound by this instrument as of the date of their membership after having executed a duplicate counterpart hereof and delivered it to the secretary/treasurer. Any member may at any time substitute any other person for any original designated representative to TCACC or for any Original Steering Committee Member and other Steering Committee member by reasonable notice to the secretary /treasurer or to any Steering Committee member if the substitution would replace the secretary/treasurer. Said substitution may be permanent or temporary in accordance with the notice. The substitution should be described for the minutes of the Steering Committee by the substitute or by another Steering Committee member at the first opportunity. The substitute assumes any offices and duties of the replaced member for the duration of the substitution. 2. Powers of the Steenn!!: Committee The TCACC members delegate to the Steering Committee the power to commence litigation in support of and to intervene in, on behalf ofTCACC members, either in their respective individual names or as members ofTCACC ifTCACC intervenes as an association, permitting proceedings, rulemaking, and related dockets and appeals thereof, represent the interests of cities in matters related to or affecting the construction or permitting of electric generation plants before state and federallegislati ve, executi ve, and judicial bodies, and settle, withdraw from, and pay for such activities. The Steering Committee shall fix the amount of the Texas CJean Air Cities Participating Agreement and By-Laws ?age 301'7 membership fee from time to time, but no more than once within any twelve-month period. A majority ofTCACC members may fix a special assessment in addition to any membership fee. Notice of the amount and due date for any fee shall be sent to the designated representative of member. Members may participate and vote via telephone and/or via written proxy in form acceptable to the presiding officer. Any representative or other designee of any class of member is eligible to serve on a subcommittee of the Steering Committee unless otherwise decided by the Steering Committee. Members of any subcommittee may attend any Steering Committee meeting at which the activities or subject of that subcommittee is to be discussed or reported and may speak at the discretion of the chair. 3. Election of Officers The officers of the Steering Committee shall be a chair, one or more co-chairs, and a secretary/treasurer. Subcommittee chairs are not by reason of that office Steering Committee officers. The Steering Committee shall elect a chair and any co-chairs and subcommittee chairs as it deems necessary and form any subcommittees that the Steering Committee deems advisable. The Steering Committee shall also elect a secretary/treasurer who shall, among other duties and powers as may be assigned by the Steering Commi ttee, make, keep current and maintain records of the meetings and transactions of the Steering Committee, ofTCACC subject to legal advice, monitor invoices submitted to TCACC by professionals and others, the status of their payment, the reasonableness and necessity of the services represented by said invoices, and of the amounts thereof, and report on such matters and other financial affairs ofTCACC to the Steering Committee. 4. Powers of the Officers Each officer elected shaH serve at the pleasure of the Steering Committee up to a term of four (4) years. The Steering Committee shall elect or re-elect officers at least every four (4) years. Unless terminated by the Steering Committee or the respective member, the officer shall perform the duties of office until a replacement has been elected. Meetings of the Steering Committee and TCACC shall be upon call of the chair or two (2) members of the Steering Committee. The Steering Committee shall meet at least annually. The chair is authorized by action of the Steering Committee to engage consultants and attorneys and to pay for such services. Any attorneys engaged by the chair to represent the TCACC shall report to the Steering Committee and / or to officers appointed by the Steering Committee for this purpose. The chair or co-chair shall preside at meetings of TCACC and of the Steering Committee. In the absence of a chair or co-chair, participating cities shall select a pro tern presiding officer by majority vote of the cities participating in any meeting or proceeding in person or via telephone. 5. Classes of Membership The Steering Committee may establish one or more classes of associate membership in TCACC for entities with special circumstance such as small size that may allow for lower membership fees, limited or no voting rights, limited or no eligibility to serve on committees, and other qualifications, and limits, in recognition of the size of applicants for membership or other relevant factors. Any entity enjoying any class of membership shall be entitled to attend and be heard orally or in writing as appropriate at any meeting ofTCACC and shall have the right to attend meetings of the Steering Committee and to be heard at such meeting orally or in Texas Clean Air Cities Participating Agreement and By-Laws Page 4 of7 writing if the Steering Committee is entertaining comments from any non-members of the Steering Committee. Any member in any class of membership shall have the right to consult with attorneys representing the Coalition and receive legal advice from such attorneys regarding matters relevant to TCACC to the same extent as filll members who are not members of the Steering Committee, and shall be bound by the joint litigation agreement embodied in this instrument. Individuals other than official representatives of local governmental units solely in their respective representative capacities are not eligible for any class of membership in TCACe. 6. Termination of Membership A member may terminate its membership by written notice to the secretary/treasurer effective upon said officer's actual receipt of said notice. If a member fails to pay its membership fee in full within one-hundred eighty (180) days after notification of fee due, that member's membership is terminated without further action. A member is considered notified on the day written notice is sent to its 13.!.1 designated representative on file with the secretary/treasurer. In the event of such termination, the member shall return all documents reports or similar materials, including all copies and all electronic files, developed in furtherance of the activities ofTCACC to the chair of the Steering Committee or other person designated by the chair for that purpose. 7. Money Held in Trust The officers shall hold and manage alr money collected in trust for the benefit of TCACC and its members collectively. Officers may establish prudent fund accounts that accumulate funding for activities and to pay authorized expenses. Officers and others member representatives and designees shall serve without pay, but may be reimbursed reasonable out-of- pocket expenses as approved by the Steering Committee. Any member of any class may request and receive a statement ofTCACC revenues and expenses each year. Instead of maintaining the accounts ofTCACC, the Steering Committee may authorize one or more law firms retained by TCACC to do so in trust for TCACe, but the Steering Committee and the Secretary/Treasurer shall monitor, report on, and be responsible for said account to TCACC by whomever held. 8. Pa ment for Performance of Governmental Functions and Services Made from Current Revenues By entering into this Agreement, each member affirms that it is paying for the performance of governmental functions or services from current revenues available. The payments made under this agreement fairly and adequately compensate the TCACe for the services or functions performed under the contract. 9. Le2al Construction In case anyone or more of the terms, provisions, phrases or clauses contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, ilJegality or unenforceability shall be construed as if such invalid, illegal or unenforce- able portion had never been contained herein. Texas Clean Air Cities Participating Agreement and By-Laws Page 5 of7 10. Entire A2reement This instrument embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties. This instrument may be executed in multiple counterparts, which together shall be deemed a single instrument. Signatures hereon via telephone facsimile or other electronic, magnetic, or chemical means shall are deemed to be original signatures. 11. No Other Obli2atioos By entering into this Agreement, the parties do oot create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 12. Immunit\' It is expressly understood and agreed that in the execution of this Agreement, neither any member nor TCACC waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 13. Authoritv The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto, and each hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in fuJl force and effect. 14. Ori2ioa' Members. Officers. and Steerin2 Committee Members The Original Members ofTCACC are the Cities of Dallas and Houston, Texas. The original designated member of the Original Steering Committee for the City of Dallas is Mayor Laura Miller and for the City of Houston is Elena M. Marks. Until at least three additional cities shall join the Coalition and pay their initial membership fees, and designate representatives to the Coalition, and the five or more member Cities choose a Steering Committee as provided hereunder, said representatives of Dallas and Houston shall serve as co-chairs of the Original Steering Committee and each shall have the power and duty to do all things that the Steering Committee can do hereunder by majority vote, including the power to execute counterparts of this Agreement on behalf of the Coalition, except that the concurrence of both members of the Original Steering Committee or their designees shall be necessary to retain counsel and other professionals and authorize any expenditures. Texas Clean Air Cities Participating Agreement and By-Laws Page 60f7 15. Prlvile2ed Communications A joint privilege respecting lawyer-client communications is necessary for the effecti ve pursuit of litigation and other legal proceedings contemplated by the Coalition. All communications by and among any members of whatever classes of membership with any attorney who is representing, or discussing whether to represent, any such member or representing or considering whether to represent the Coalition (an "Attorney") shall be privileged to the fullest extent permitted by law. Each member by joining the Coalition agrees not to disclose any privileged information received after the date hereof from another member or Attorney unless the member wishing to disclose the information first obtains the consent of all other members who may be entitled to claim any privilege or protection with respect to such information, except to the extent explicitly permitted pursuant to a different section of this Agreement or by the Steering Committee. This nondisclosure obligation continues after any member's membership has terminated for any reason, after the conclusion of any litigation, and after this Coalition may be dissolved. 16. Additional Provisions Related to Le2al ReDl'esentation The members of TCACC acknowledge that it is possible that one or more of the law firms engaged by the Steering Committee may presently, or may in the future, be engaged in factua11y unrelated litigation or other representation in which the law firm is adverse to one or more of the individual members ofTCACC. The members of TCACC agree that the Steering Committee chair shall have the authority subject to paragraph 4 to engage law firm(s) despite the fact that the law firm(s) may be engaged in such representation, so long as the representation involves a factually unrelated matter. The members of the TCACC further acknowledge that at least one of the law firms likely to be engaged by the Steering Committee, Lowerre & Frederick, presently represents Environmental Defense in closely related power plant litigation (i.e., the appeal of the Sandy Creek Energy Associates permit) and is a frequent consultant or counsel for environmental organizations and local governments in opposition to power plant draft permits. The members of the TCACC agree that the Steering Committee chair subject to paragraph 4, nonetheless and subject to such contractual conflicts-of-interest safeguards as the Steering Committee deems adequate, may engage Lowerre & Frederick on behalf of the TCACC. Further, the Steering Committee chair may in the chair's discretion, subject to paragraph 4, engage additional law firms to represent TCACC where the Jaw firm is or may become engaged in matters factually related to matters for which such finns are to represent TCACC, so long as such firms are not representing clients whose interests or positions are directly adverse to those ofTCACC in specific matters in which such firms represent TCACC. 17. Dissolution TCACC may be dissolved in the same manner as any other unincorporated association may be dissolved under the laws of the State of Texas or by the vote of more than two-thirds of its full members. After dissolution, the officers and Steering Committee members retain the power to wind up the affairs of TCACC. If there remain any funds after payment ofTCACC's lawful obligations, the surplus sha11 be refunded to members of all classes in direct proportion to their respective aggregate payments to TCACC from on and after the date hereof Texas Clean Air Cities Participating Agreement and By-Laws Page 70f7 EXECUTED this the day of , 2006, by City, signing by and through its City Manager, duly authorized to execute same, and approved as to form by its City Attorney, acting through its duly authorized official. APPROVED AS TO FORM: THOMAS P. PERKINS, JR City Attorney CITY OF DALLAS MARY K SUHM City Manager BY Assistant City Attorney BY Assistant City Manager IIUJAk'll:)UNDAY, SEPT. 80 - OCT. I; 2006 -=- A Poison Spreads Amid China's Boom - . Danger~uily high levels of lead are discovered in many children; ground zero is Xinsi Village An Imported charm proves deadly In MInneapOlis ~. B,y SIW OS'I'Q ADd JAMi: SPENCER D . . Xi",", CailUJ OCTORS TREATING a five-year-old boyatter a hOrrific electrical accident this spring were Surprised to lind another, equally serious problem: dangeroUSly elevated levels of lead in his blOOd. The incident WlCOvered one at China's worst known cases at lead poisoning. For a deCade, a tactory near Xinsi, an isolated village in the mOWltains at China's western Gansu province, maOe lead Ingots used in manufacturing color television tubes and cables shipped &roWld the. world. It also poured out poisoned air containing 800 times the permissi. ble level of lead emissions, olticials liay. Nearly everyone trom the village' who has been tested so tar-includ. ing some 250 children tram three schools-has been tOWld with unsafe amoWlts at lead in their bodies. Ten children' remain' hospitalized and ill least tour are likely to have severe brain damage in the Village at 1~800 people, according to XInhua, China's. oClicial news agency. "There's not one person in this ~lIag~_~itllout lead poisoni~g," says ...-.. ... -.- -.--, -.- --- cern in children. Studies show even slightly elevated lead levels can 'lead to pennanent neurological damage andJeduced lQ. . . coming in at aU~ Parents ancl teacn. Please Turn 10 Page A6, Column 1 Continued From First Page ers say children are having memory and concentration problems. The'disaster shows how VUlnerable China's citizens are to the environmental damage inflicted by the country's rapid industrial growth. The result is a health crisis that could have lOng-term conse. quences for a generation of children. Even in wealthier areas at China such as Shanghal and Guangdong province, offi. cials say the deter:!orating environment is a tactor behind a rise in birth defects. A lack of pollution controls has co~., taminated China's soil, water and Illr with leaO, mercury and other poUutants- and left millions of children with danger. ously high levels of toxic metals in their blood. Making matters worse, much of t'~ "'....~ ..."'........_..., _ _._ The factory lies at the base of a sma!l creek, a stone's throw from the local pr~- mary school, and its smokestack doml' nates the cOWltryside. It is far from any lead-ore deposits or convenient transpor- tation. One local official said the factory was built in Xinsi instead .of clos~r ~o bigger cities to avoid scrutmy. Ch.l~a s environmental regulators and act1Vl~ts say it's increasingly common for heaVIly polluting industries to. ":love. to the COWl- tryside, where superVISion ts. w~ak. There are signs that the XinSI factory followed at least rudimentary safety pro- cedures with its own workers. many of .Uh"_ n..........." I..no..... nutc-il'lo tho ull1o;)O'D 'T'hp OFFICIALS ONLY started tak. , . . ing the allegations Seri?USl~,af-.; .'~ ter a local newspaper mXl an I" reported Sept. 5 about all the vii- I . /" ---^ M~;nrr in (or )Plltf tests. That story: 'were' intenl1e4 tor calciwn. di.srupUng. brain circuits critical for learmng, and sometimeli Impeding cell growtll. The pr0- cess leads to irreversil>le intellectual Im- . painnent. Lead exposure is especially hannfuJ to children. ..-. ..,:_-: -__1....._'... .........ant Shanghai and Guangdong province, offi- cials say the deteriorating environment is a factor behind a rise in birth defects. THE WALL' STREET JOURNAL: International he~th '''ag~ies. say I there's no effe~tive trea~eQt; for lel,ld' - exposure except in the most lite-thre8:ten./ ing cases, when patients can be glv~n I . Qrugs caued chelation agents. tllat stnp I heavy' metals O!!t of the, body, But the, . drugs cannot re-: verse brain dam- age that has aJ. ready occurred, and they carry risks of their own . because they lWo strip useful metals from the bO<Iy, such as iron and zinc. Wu Wenchou, a bright-eyed 15-year- . old girl. IS oneaf . those who was poi- soned. Ms. Wu Wu Wenchou speaks standard- ized Mandarin-a clear mark of an educa- tion in a rural county where the local dialect dominates. "I used to dream of going abroad to study, maybe eve.n Amer. ica," she said quietly, barely h,olding ba.:;k tears. "My dream has been shattered. Once a class star, YOWlg Ms. ~u be. gan having diffiCulty concentratmg on her homework, and her test scores kept falling. Her once.proud mother shouted at her as her grades dropped. Her blood has lead levels of 261-more than double the standards for~afety.. She called her older sister, who is studymg at a nearby medical school, and told her to come home for the lead tests, too. " . "I'm afraid. We h~ve no choice, . s~e shrugged. "These are the facts, this IS reali ty. .. . Online Today: WSJ.com ~s~- ers can see photos from XmSI Vil- lage. at WSJ.com/OnllneTodar. dgl.:. lllVu::. lVlagazllll.: --- lVll.:n;ury KlSlIlg nup:! /WWW.UIIH.:.COlllJllIIlI.:/lllagaLlUI.:/prUllUUUU.6610.1..).)l.lL.0.UU.nlIlll 90% cut in power-plant mercury by 2008. President George W. Bush has discarded the Clinton rule in favor of a looser standard that would result in only a 70% reduction by as late as 2025. What's more, Bush weakened the Clean Air Act's new-source-review rule, which requires power-plant owners to install the best available pollution controls when they make major upgrades that result in increased emissions. Lately, however, the courts have been pushing back. In March a federal circuit court in Washington strengthened the new-source-review requirements by refusing to sanction a loophole that the Environmental Protection Agency (EP A) had introduced, and last month a circuit court in Chicago forbade a move by the Cinergy power corporation to measure its pollution output hour to hour rather than year to year, because the hourly standard often produces a lower, less accurate reading of emissions. In November the U.S. Supreme Court will address the same measurement question in a case out of North Carolina All those battles technically address smog and soot, not mercury, but where the first two go, the third follows. "Power plants are the 800-lb. gorilla," says John Walke, a project director with the Natural Resource Defense COWlcil and a former attorney for the EPA. "Their [mercury] output is extraordinary." But while much of the environmental mercury in the U.S. comes from power plants, the other dominant source is cWor-alkali plants, which manufacture chemicals used in soaps, detergents and other products. tvl()I"_~ than 25% of the U.S. total blows in from o"er:s~, particularly from coal-gobbling cOWltries like China Illinois Senator Barack Obama has proposed two bills to address those problems. One requires the eight cWor-alkali plants in the U. S. that still use mercury to convert to a less toxic alternative by 2012. The other calls for a ban on U.S. exports of mercury starting in 2010--a significant move, since the U.S. sells as much as 300 tons of the metal a year, or 8% of the world's total. More than a dozen state governments across the u.s. are getting ahead of Washington with mercury controls of their own. Foreign governments have also acted. "Europe, Canada, Australia and Japan have been reducing their use of mercury for five to 10 years," says Linda Greer, a member of the EPA's science advisory board. The good news is, once mercury is removed from circulation, it needn't trouble us again. As long as it's held in double-hulled containers and kept relatively cool to prevent evaporation, it is largely inert. "It's my favorite chemical for what you can fmally do with it," says Greer. "It will sit placidly in a warehouse at Wlder 70 degrees." It's a remarkably quiet end for a remarkably dangerous metal--an end that can't be too soon in coming. With reporting by With reporting by Coco Masters Copyright Q 2006 Time Inc. All rights reserved. Reproduction in whole or in part without permission is prohibited. P",','lr:"PCjli"'.' ,f3 9/6/2006 7:46 PM P r .... /"'/" ...... TIME FRO.M T II E :\1 A C A Z 1 j\' E Sunday. Sep. 3. :006 Mercury Rising The toxic metal isn't just in seafood. It's showing up everywhere-and it's more dangerous than you think By JEFFREY KlUGER Environmental poisons never play by the rules. Just when you think you've got them figured out and rounded up, they give you the slip. Get the lead out of gasoline, and it comes at you through aging pipes. Bury waste and toxins in landfills, and they seep into groundwater. Mercury, at least, we thought we understood. For all its toxic power, as long as we avoided certain kinds of fish in which contamination levels were particularly high, we'd be fme. And not even everyone had to be careful, just children and women of childbearing age. But mercury is famously slippery stuff, and a series of recent studies and surveys suggests that the potentially deadly metal is nearly everywhere--and more dangerous than most of us appreciated. Researchers testing birds in the Northeast have found creeping mercury levels in the blood of more than 175 once clean species. Others have found the metal for the first time in polar bears, bats, mink, otters, panthers and more. Just as alarming are new discoveries about unexpected sources of mercury contamination. While coal-fired power plants and chemical factories are familiar culprits, a recent study reveals that wetlands are mercury time bombs; if hit by wildfire, they release centuries' worth of accumulated toxin in a single, sudden blaze. In addition, there's a growing body of research that reveals the extent to which medium to high levels of exposure to the metal can harm adults as well as children, causing a wide range of ills--inc1uding fatigue, tremors, vision disorders and brain, kidney and circulatory damage. All told, "the breadth of the problem has expanded greatly," says biologist David Evers of the BioDiversity Research Institute in Gorham, Maine. "It's far more prevalent and at higher levels than considered even a couple years ago." Mercury has to work hard to do all the damage it does. In its pure state, it is only moderately toxic because it passes quickly through the body, leaving little to be absorbed. Not so the mercury we pump into the skies. Smokestack mercury exists in either particle form--which falls relatively quickly back to earth--or aerosol form, which can travel anywhere around the globe. Either way, when it lands, trouble begins. On the ground or especially in the low-oxygen environment of the oceans, mercury is consumed by bacteria that add a bit of carbon to convert it to methylmercury, a metabolically stickier form that stays in the body a long 100 9/6/2006 7:46 PM ') nf~ ~..;: TIME Magazine ~- Mercury Rising http://www.time.com/time/magazme/pnntouvu.~~ 10,1:lj 1 j.lO,VV.llUl "me. That is bad news for the food chain, since every time a bigger animal eats a smaller animal, it consumes a heavy dose of its prey's mercury load. That's why such large predatory fish as shark, swordfish, mackerel, tilefish and albacore tuna are so heavily contaminated. Less publicized but still problematic is toxic mercury vapor, which can be odorlessly emitted from factories and dumps where batteries, fluorescent lamps, jewelry, paints, electrical switches and other mercury-containing products are manufactured or discarded. All that has been known for a while, but the game changer was the recent study of Northeastern songbirds. A group headed by Evers had been worried for some time that mercury's reach was greater than it seemed, particularly in the Northeast, which is downwind from the power plants of the Midwest and Canada. Mercury from those plants' smokestacks could fmd plenty of bacteria in water, leaves and sod to make the toxic conversion to methylmercury. Netting 178 species of songbirds and testing their blood and feathers, Evers found that all of them were indeed contaminated, some in concentrations exceeding 0.1 parts per million. That doesn't sound like much, but it's a lot higher than it ought to be, and it's surely on the rise. So far, the toxin hasn't disrupted the birds' reproductive cycle, but researchers fear that it will before long. What's more, if the birds are contaminated, so are other animals that eat the same diet--not to mention predators that eat the birds. Says Evers: "It creeps up the food chain and continues to biomagnify as it goes. " The wetlands study darkened the picture further. Marshes in Alaska and northern Canada are natural sinks for mercury, which chemically adheres to damp peat and readily converts to the methyl form. That is not a problem as long as the mercury stays put. But increasingly frequent droughts--a likely consequence of global warming--have led to increasingly frequent wildfires, causing wetlands to release centuries' worth of collected mercury in one toxic breath. "There's mercury that's been accumulating since the dawn of the Industrial Revolution," says ecosystems ecologist Merritt Turetsky of Michigan State University, who has been studying the problem. "During droughts, you get a meter-thick carpet of dry peat in some places, and all you need then is a match. Lightning usually provides that." As global mercury levels rise, more and more species are being affected. A recent study by investigators at Denmark's Natural Environmental Research Institute showed that mercury measurable in the fur of Greenland polar bears is 11 times higher than it was in baseline pelts preserved from as early as the 14th century. This fall the National Wildlife Federation will release a survey of more than 65 recently published studies showing elevated mercury in more than 40 species, many of which had been thought to be in little danger. Some, including common loons and bald eagles, are already showing signs of behavioral and reproductive changes associated with mercury pOlsonmg. Cleaning up the mess is the responsibility of the species that made it, and that job starts with coal. The 440 coal-fired power plants in the U.S. produce about 48 tons of mercury a year--40% of the nation's total output, by some estimates. The Clinton Administration did not attack the problem until its final year, when it issued a proposal that would have required a 9/6/2006 7:46 } .-:r 18 ~ * -~ 19 * 20 * 21 -'::;~2'-="'~ * c:~. >-: .'-,;j--0-C-;-~\>-__?r_~o--~_._ \\ F~ -; :::.~"O '''''.'1 '.~' '~ :- ~-; "--;, '(~)"" L..- ---._------~-- -..---. 22 ""- ~.-.-,",,- '. ___~_c<~ D.; O!.V ,)- @:)' ~.:i~_~~~ Z3J,,-,!-, ~~_ " [ill] -'-0':::2;