Hot Load: Baltimore tunnel fire, Aberdeen missile test targets in national nuke-transport debate

By Van Smith

Published in City Paper, Feb. 20, 2002

Nevada’s Yucca Mountain may be nearly a continent away, but the Baltimore area has become ground zero in the debate over plans to store the nation’s 70,000 tons of nuclear waste there, under a decades-in-the-making plan formally approved by President Bush on Feb. 15.

In the days leading up to and following Bush’s OK, which sends the issue to Congress for final approval, two close-to-home events–a 1998 missile-strike test on a nuclear-waste container at Aberdeen Proving Ground and last summer’s chemical fire in the Howard Street tunnel–have been cited by Nevada officials and other opponents of the Yucca Mountain plan. Critics maintain that both events offer cautionary evidence about what might happen to the casks used to transport radioactive waste in the event of a terrorist attack or severe accident.

After the July 2001 tunnel fire, the state of Nevada hired the consulting firm Radioactive Waste Management Associates (RWMA) to study the potential impact had the Baltimore blaze involved nuclear-waste containers. Some Yucca Mountain blueprints include transporting such cargo through the Howard Street tunnel from the Calvert Cliffs nuclear-power plant in Southern Maryland or other Southeastern nuclear facilities (“Hot Line,” Sept. 12, 2001).

The nuclear-power industry and supporters of the Yucca plan have maintained that a fire of the heat and duration necessary to rupture one of the casts was virtually impossible. But RWMA concluded that the Baltimore fire would have caused a cask to break, exposing tens of thousands of people to acute radiation and necessitating billions of dollars in cleanup costs. (The full report can be read at the State of Nevada’s Web site.)

The test at Aberdeen, meanwhile, points up dangers associated with potential terrorist attacks, another risk downplayed by the nuclear industry, despite the events of recent months. While acknowledging that some weapon systems can puncture the waste containers, the industry argues that any radioactive release would be small and easily contained. Not so, contend Yucca critics, who claim a newly released videotape of the 1998 test proves otherwise.

The tape suddenly became a hot property in the Yucca debate when word circulated among plan opponents early this month that U.S. Rep. Shelley Berkley (D-Nev.) had a copy and was considering releasing it to the media. That hasn’t yet happened, but a copy of the video was obtained by City Paper from Thomas Kirch, president of International Fuel Containers Inc. (IFC), the New York-based marketing arm for a German firm that makes nuclear-waste containers.

IFC used Aberdeen Proving Ground’s facilities and personnel to test the strength of the German Castor cask, a container used around the world to store and ship spent nuclear fuel. The tape shows a TOW anti-tank missile blowing a hole through the cast-iron wall of a Castor cask. When a second round is fired into the cask–this time protected by IFC’s patented “flak jacket” material–the video shows little damage to the cask wall, though the protective material is pulverized.

“The most staggering implication of the IFC test is that, if [the missile] drilled that softball-sized hole through 15 inches of cast iron, it certainly wouldn’t have any trouble penetrating a truck cask,” the smaller, steel kind used to ship waste on highways, says Robert Halstead, transportation adviser to Nevada’s Agency for Nuclear Projects.

A self-proclaimed “green nuclear advocate” whose studies of nuclear-waste transportation issues have focused largely on the risks of terrorist attacks on casks, Halstead says he’s “dumbfounded” at the sudden emergence of the test video, which he contends is proof that widely available anti-tank weaponry can go through a cask wall and disperse its radioactive contents–a point that has been debated for years and has gained relevance since Sept. 11. The Castor has been considered “the premier storage and transport cask in the world since the 1980s,” Halstead says, meaning that other containers in use for nuclear transport could be even more vulnerable to missile attacks.

“The test proved exactly what the state of Nevada had feared,” he says, “that these casks are highly vulnerable to state-of-the-art weapons.”

Kirch contends that the missile piercing the cask does not prove that the container is insecure. “[I]t can be easily repaired, right on the spot, in a very short period of time, using a lead plug,” he says. “And the amount of leakage or contamination would be very, very controlled and very limited.”

(“I’d like to meet one of these people who is going to volunteer to walk up to the hole in the cask like the Dutch boy walking up to plug up the hole in the dam,” Halstead counters. “Remember, they are going to be entering a radiation zone.”)

Kirch, a self-described proponent of nuclear nonproliferation, has a long history as a player in the atomic-power arena. Since the mid-1990s, he has been a principal in a firm called U.S. Fuel & Security Inc., along with U.S. Navy Adm. Daniel Murphy (retired) and Alex Copson, a former member of the rock group Iron Butterfly.

Kirch says the company aims to end reprocessing of spent fuel from nuclear-power plants into weapons-grade plutonium by controlling the world’s supply of spent fuel and securing it at a centralized location, an idea with some support in the nation’s nuclear, defense, and intelligence communities. An initial proposal to store the fuel on an oceanic atoll was rejected; Kirch says U.S. Fuel & Security and allied groups–including the Nonproliferation Trust, a Washington based company whose leaders include Murphy and former FBI and CIA chief William Webster–have set their sights on a site in Russia.

As to IFC’s involvement in the Yucca Mountain controversy, Kirch asserts that his video is not relevant to the debate of nuclear transport and is being misrepresented for “political purposes” by Nevada officials seeking to derail the Yucca plan.

“The test was performed purely to demonstrate the safety of the metal cask and the increased security of using a ballistic protection system,” he says. The cask that was tested, he notes, is not licensed in the United States for transportation of nuclear waste, but only for storage. However, the 41/2-minute Aberdeen video, produced in infomercial style, proclaims that the test shows the Castor casks can safely “both store and transport spent nuclear fuel.”

Officials at the Nuclear Energy Institute, an industry group that has downplayed the risks of nuclear transport in trucks and trains and criticized the RWMA report, did not return phone calls seeking comment on that study or the Aberdeen video.

Halstead contends the nuclear industry is hurting itself by questioning such indications of risk: “They should be saying, ‘Yep, once in a great while there is an accident that is really so bad that it might threaten these casks,’ and then setting to work managing those risks.” He suggests rerouting shipments to avoid places where accidents are more frequent; running track-inspection cars ahead of trains to make sure there’s nothing to cause a derailment; and requiring that nuclear waste be shipped only on “dedicated” trains carrying no other cargo.

(The fire under Howard Street was prolonged by the presence of wood products among the train’s cargo. The industry maintains that it voluntarily uses only dedicated trains for nuclear shipments.)

“There are very straightforward ways to manage risk once you acknowledge that the risk exists,” Halstead says. “But if you are determined, as the nuclear industry is, to defy reality and say that there are no risks, you are asking for Exxon Valdez–and it will happen to them.”

 

Hot Line: The Feds are considering shipping spent nuclear fuel through the Howard Street Tunnel. Are they playing with fire?

By Van Smith

Published in City Paper, Sept. 12, 2001

For a few days in mid-July, a few dozen train cars carrying hazardous chemicals and other materials burned out of control beneath the city. After a century of barely being known even to Baltimoreans, the Howard Street tunnel was suddenly in the national spotlight.

As an event, the tunnel fire was both scary and enthralling. Local residents and commuters were inundated with news of gridlock, a water-main break, and possibly toxic smoke. TV sets all over the country glimmered with images of menacing plumes and flooded streets, coupled with reports that the too-hot-to-fight inferno was disrupting not only rail traffic, but Internet services via cables that also run through the tunnel. But as normalcy was restored in the ensuing days and weeks, coverage tailed off. Today, for most folks, the fire is just a memory.

Lost in the immediacy of the moment and the disinterest of its aftermath are two questions that may ensure the Howard Street tunnel fire’s lasting legacy: What if nuclear waste had been among the freight in the hottest part of the fire? Could radioactivity have been released, contaminating people and property in the heart of a major East Coast city?

The question isn’t merely theoretical. A long-studied proposal for handling the nation’s growing inventory of nuclear waste by carting it from points around the country to a permanent repository in Nevada’s Yucca Mountain is expected to reach President Bush’s desk later this year. If the project gets a presidential thumbs-up and survives the resulting legal challenges, spent nuclear fuel will be a frequent passenger on the nation’s highways and railroads for the next three or four decades, en route to the Nevada desert. Plans drawn up by the U.S. Nuclear Regulatory Commission (NRC) call for carrying used-up fuel assemblies from Constellation Energy’s Calvert Cliffs Nuclear Power Plant in Southern Maryland by train through the Howard Street tunnel.

When it comes to managing the potential of large-scale risks such as nuclear accidents, examining extreme hypothetical situations–the possibility, for instance, of nuclear waste in the Howard Street tunnel fire–is crucial to finding ways to avoid disasters. Thus, nuclear-transportation experts have started to examine and debate what they have dubbed “the Baltimore fire.” Until the actual conditions of the fire–the top temperature reached, how long it stayed that hot–are established, much of the talk is necessarily speculative. But the central questions posed by the fire are already known: How sturdy are the containers used to transport nuclear waste? How foolproof are the methods of moving them safely by train?

Critics contend that the containers, called “transportation casks,” haven’t been tested enough to know their true strength; cost, rather than safety, is the chief priority in designing nuclear-transportation plans, they say. The nuclear-energy industry points out the exemplary safety record of waste shipments and outlines the stringent measures taken to guard against reasonably foreseeable dangers. However the argument turns out, it’s a good bet that as the Yucca Mountain Project heats up, the Howard Street tunnel fire will be national news once again.

Sitting in her Mount Washington home July 18, Gwen Dubois listened anxiously to reports of a tunnel fire downtown. Her teenage son had already left on the light rail for a double-header at Oriole Park. “On any given day, he’s as likely to be at Camden Yards as he is to be home, despite what’s happened to the Orioles this season,” she says, recalling her worries in an interview later that month. Knowing that freight trains often carry chemicals that can produce toxic smoke when burned, Dubois was “concerned about whether his health was at risk.” When “later on I found out that he was stopped on North Avenue and came home, I was greatly relieved,” she says.

Dubois’ relief about the fire was short-lived. An internist, she sits on the board of directors of Physicians for Social Responsibility, a nonprofit group based in Washington that works to raise public awareness of nuclear issues. On her house hangs a large banner reading nuclear-free zone. Attuned as she is to nuclear risks, her thoughts quickly broadened from the chemical fire to larger issues.

“Within hours,” she says, “I was thinking, If this were a train carrying radioactive waste, what kind of exposures would there be? Who would be monitoring? Would we even know? What about the psychological impact on people who are afraid that they’ve been exposed? So, as bad as this fire was, I thought it would have been just truly a catastrophe if the train had carried nuclear waste. . . .

“As time goes by, the other issue is, it’s going to become more and more likely that trains will contain nuclear waste, and nuclear waste carried in containers that haven’t been adequately tested. And also, this train wreck–the temperatures were extremely high, high enough to cause burning of nuclear waste and make some of the radioactivity airborne and carried over a wider area,” she continues. “So all of the specifics about this train fire–the temperature, the difficulty getting to it, the fact that it was in an urban area where a lot of people were potentially exposed–all of these factors are so relevant. If the cargo was radioactive, the implications would have really been just mammoth.”

Dubois’ mind was not the only one turning to the potential nuclear risks posed by the Howard Street tunnel fire. U.S. Sen. Harry Reid (D-Nev.)–the Senate majority whip and, like every other elected official in Nevada, a strident opponent of the Yucca Mountain plan–took to the Senate floor the day after the fire began to offer his take on the dangers.

“People think hydrochloric acid is bad, which it is,” Reid said, referring to one of the hazardous materials carried by the burning train in Baltimore, “but not as bad as nuclear waste. A speck the size of a pinpoint would kill a person. And we’re talking about transporting some 70,000 tons of it all across America.”

Reid enlisted the aid of Maryland Sens. Barbara Mikulski and Paul Sarbanes in promptly convincing his colleagues to do what politicians often do when drastic accidents occur: order a study. On July 23, as charred rail cars were being removed from the Howard Street tunnel, the Senate voted 96-0 to attach an amendment to the U.S. Department of Transportation appropriations bill requiring DOT to conduct a top-down assessment of the nation’s system for transporting hazardous and radioactive waste.

Reid’s actions in the wake of the Baltimore fire caused a flurry of interest–back in Nevada. “Baltimore’s experience should be reason enough to comprehend that Yucca Mountain isn’t just Nevada’s problem, it would be a land mine for any city or town that had the misfortune of being located near the path that would take nuclear waste to Yucca Mountain,” the daily Las Vegas Suneditorialized on July 25 under the headline “Baltimore derailment a bad omen.”

Also quick to pick up on the nuke-train angle was the Nuclear Information and Resource Service, a Washington-based activist group. The organization’s nuclear-waste specialist, Kevin Kamps, shot off a press release on July 21, revealing that a U.S. Department of Energy assessment of the Yucca Mountain Project included route maps that showed nuclear-waste shipments going by rail from Calvert Cliffs through the Howard Street tunnel. Kamps spent the next two weeks touring the country, garnering news coverage of this new twist to the Yucca Mountain debate.

Pro-Yucca forces dismiss attempts to play up the Baltimore fire as a nuclear-waste-transportation issue. The day after Reid made his speech on the Senate floor, the industry issued its response. “It is really unfair for Sen. Reid to use this as an opportunity to make a case against Yucca Mountain by scaring the public,” said Mitch Singer, a spokesperson for the D.C.-based Nuclear Industry Institute (NEI). Sarah Berk, spokesperson for U.S. Sen. Larry Craig (R-Idaho), told reporters that Reid’s response to the tunnel fire is “a misguided and misinformed effort to connect something that should not be connected. The fact of the matter is, if that train had been carrying nuclear components, it would have been protected in containers that would have prevented this sort of a spill.” Berk stressed the nuclear-power industry’s “phenomenal safety record” and its ongoing efforts “to develop safe and responsible methods to handle nuclear waste.”

The NEI’s Web site (www.nei.org) points out that nuclear-waste shipments are small, carefully managed, and do have a remarkable safety record: In nearly 40 years of transporting spent nuclear fuel, there have been 2,900 shipments and only eight accidents. Only one was serious, and none resulted in a radioactive release.

In Maryland, shipments of high-level radioactive materials have occurred without incident. Twenty-eight thousand pounds of radioactive material passed through Maryland in four shipments during July and August 2000, according to the Maryland State Police, which is notified of such hauls, and since 1996 approximately 15 kilograms of spent nuclear fuel were trucked through the state in five separate shipments.

In addition, an NRC report shows that between 1993 and 1997 154.8 kilograms of spent nuclear fuel were shipped out of state from the Dundalk Marine Terminal, Calvert Cliffs, and the National Institute of Standards and Technology in Gaithersburg. Another 17.1 kilograms were sent to Dundalk for export.

The key to safely transporting spent nuclear rods is the survivability of the casks. The NRC, according to NEI’s Web site, requires that transportation casks “pass a series of hypothetical accident conditions that create forces greater than the containers would experience in actual accidents. The same container must, in sequence, undergo 1) a 30-foot free fall onto an unyielding surface, 2) a 40-inch fall onto a steel rod six inches in diameter, 3) a 30-minute exposure to fire at 1,475 degrees Fahrenheit that engulfs the entire container, and 4) submergence under three feet of water for eight hours.”

What the NEI site doesn’t point out is that never has an actual, full-size cask been subjected to this battery of assaults. Quarter-scale models have been used as the basis for computer models that predict how an actual cask would perform in extreme circumstances. But no actual full-scale testing has been conducted, because subjecting a 130-ton cask to those conditions is logistically challenging and very expensive–probably near $20 million per test. Thus–as Yucca Mountain Project critics like to point out–there is no real-life basis for concluding the casks can survive such extreme circumstances.

The third element in the NRC’s list of standards–the 30-minute, all-engulfing fire at 1,475 degrees Fahrenheit–is the one that turned attention to the Baltimore blaze. Firefighters here reported whole train cars aglow from the heat of the tunnel fire. On the second day of the fire, Baltimore City Fire Department officials told the press that the temperature in the tunnel was as high as 1,500 degrees. If the hottest part of the fire rose above 1,475 degrees for more than 30 minutes–as appears likely, though technical analysis has yet to prove it–then the Howard Street tunnel fire achieved a rare intensity that gives pause to nuclear-waste- transportation experts.

Questions to NEI’s press office about whether casks are designed to survive a fire as intense as Baltimore’s was reported to be were referred to Robert Jones, a Los Gatos, Calif., nuclear engineer who designed casks for General Electric for 13 years and now works as a nuclear-industry consultant. Jones was skeptical about whether the Baltimore fire actually exceeded the design standard for casks. If it did, he says, it would be a singular event. Jones cites a government study showing that the probability of an actual railroad fire exceeding the regulatory conditions is less than 1/10 of 1 percent.

“I’ll wager that 1,500 degrees did not exist totally for a day and a half” in the Howard Street tunnel, Jones says. He acknowledges, though, that if it did, “there’s a potential for some release. But we’re not talking about this thing blowing up.” Rather, he explains, “the leakage, if it was to occur, is likely to be a radioactive gas that would be dispersed.”

Daniel Bullen, who sits on the federal Nuclear Waste Technical Review Board , concurs with Jones. “Would there potentially be a release? Yes,” says Bullen, an Iowa State University engineering professor who used to run that school’s now-closed nuclear-reactor laboratory. Foreseeing the questions his answer raises, he fires off a quick interview with himself: “Would it be a significant release? Probably not. Would it be hard to find? No, because radiation is pretty easy to find. Would it be difficult to remediate? Maybe. You might have to move a lot of dirt and clean up a lot of surface and stuff. But would it be significantly life-threatening? Probably not.”

“Oh, this guy’s just shooting from the hip,” Marvin Resnikoff says upon hearing Bullen’s characterization of the effects of a long-burning 1,500-degree fire. Resnikoff, a physicist, heads Radioactive Waste Management Associates, a New York-based consulting firm that specializes in analyzing nuclear-waste safety. The state of Nevada recently hired him to look at the Howard Street tunnel fire and report on its implications for safe transport of spent nuclear fuel. The report is due to be completed this month; when it’s released, Resnikoff asserts, “we’ll have much more definitive answers.”

In the meantime, Resnikoff offers a glimpse of what he’s learning. If the fire turns out to be as hot as reported–and his analysis will establish whether or not it was–then a potential release would include other materials besides radioactive gas.

“There are particulates,” he says. “We are concerned about cesium 137 because it is semivolatile. And we are concerned about cobalt 60, to a lesser extent, because that material is on the outside” of spent-fuel assemblies and could be released more quickly in the event of a leak. Cesium 137 and cobalt 60 are radioactive carcinogens that have half-lives of 30 and five years, respectively, so they represent a long-term cancer risk. They emit gamma rays, which, according to a U.S. Environmental Protection Agency fact sheet, “can easily pass completely through the human body or be absorbed by tissue, thus constituting a radiation hazard for the entire body.” Based on the weather conditions that existed during the Baltimore fire, Resnikoff estimates that a radioactive smoke plume exiting the southern terminus of the tunnel would have spread perilously close to Camden Yards.

Until the report is concluded and released, Resnikoff declines to give any more details of his concerns about what could have happened if nuclear waste had been in the Howard Street tunnel fire. Robert Halstead, transportation adviser for the Nevada Office of Nuclear Projects, which hired Resnikoff to study the Baltimore fire, is much more candid.

If the fire was hot enough for a long enough time to compromise the casks and cause a leak, Halstead says, “you are going to be concerned with this plume of smoke carrying cesium and some other fission products. Obviously it’s bad if you breathe it, but also, because it is a big-time emitter of gamma radiation, there is direct radiation from the plume. If anything’s been deposited on the ground, it’s irradiating the area also. It would cause a very big cleanup problem.

“So you basically would face this terrible choice,” Halstead says. “You could easily spend in excess of $5 [billion] to $10 billion to clean the area. Or you could simply quarantine the area. The real answer on this is that you are probably going to have a situation where you’ve spent money rather than lives. There probably aren’t going to be thousands of latent cancer fatalities, but you are going to have to spend hundreds of millions or billions of dollars to prevent that. That’s a pretty fair ballpark [figure].”

If Resnikoff concludes that the Baltimore fire actually could damage a nuclear-waste-transportation cask enough to cause a radiation leak, the question becomes how to ensure that nuclear waste bound for Yucca Mountain (or anywhere else, for that matter) is never subjected to such an accident. This opens up a whole other area of debate–some experts contend the shipping risks are minimal, while others assert transportation is the weakest link in the nuclear-waste-management chain.

Jones, the cask designer, points out that rail shipments of spent nuclear fuel are made on dedicated trains, hauling only nuclear-waste casks. That reduces the probability of waste being in a contained, inaccessible environment, such as a train tunnel, along with volatile chemicals and other materials that, when burning, can create extremely high temperatures for a long period of time. (The train that caught fire under Howard Street, for example, was loaded with wood and paper products.) Furthermore, shipping schedules can be coordinated to eliminate the possibility that a dedicated nuclear-waste train and a mixed-freight train with hazardous materials are in the same tunnel at the same time.

“You know, railroads don’t just cut things loose and say we’ll see you at the other end,” Jones says. “They’re very good at tracking these things. So the circumstances that would have to exist in order to have an environment where a spent-fuel train would be in that Baltimore tunnel fire or its equivalent is just extraordinary. A billion to one. It virtually isn’t going to happen, just because that’s the way the business is structured.”

Resnikoff counters that “there is no regulation that says that nuclear-waste shipments will be by dedicated train. It would all be voluntary on the industry’s part. If they’d like to sign a requirement that it will be by dedicated train, that would make a big difference. It costs more money to have a dedicated train. Do they want to put up the money? [That] is the question.”

“It’s perfectly credible that you could have one or two casks of spent fuel in a mixed-freight train going through that Baltimore tunnel,” Halstead maintains. His reasoning is based on cost. In all likelihood, dedicated trains will be used to make large hauls of nuclear waste. But the small amount of waste at Calvert Cliffs–930 metric tons, about 1/10 of 1 percent of the nation’s growing inventory of spent nuclear fuel–may well end up on trains carrying a variety of other materials.

“A contractor working for the Department of Energy who got [its] contract on a low-bid basis would be tempted to shave nickels and dimes by transporting a small number of casks a short distance on a mixed-freight train–say, from Calvert Cliffs maybe up to Harrisburg [Pa.],” Halstead says. There, he speculates, the Calvert Cliffs casks would be transferred to a dedicated train carrying other waste from other reactors in the region.

Calvert Cliffs spokesperson Karl Neddenien cautions that “at this point there is no plan whatsoever as to where and how the shipments will go. It’s wide open.” He notes that Calvert Cliffs is right next to the Chesapeake Bay, so “it may turn out to be safer to put it on a barge to go down to Norfolk, Va., to a railhead. We don’t know.” He acknowledges that Yucca Mountain planning documents do show a proposed route through the Howard Street tunnel but says nothing is set in stone.

And Bullen, of the Nuclear Waste Technical Review Board, suggests the proposed route may be changed in light of this summer’s events. “I’d be surprised if they let them use that tunnel after the fire,” he says.

Another problem with shipping waste by train is that “there are no federal regulations that govern the selection of shipping routes for rail,” Halstead says. “There are for trucks, and the highway routes are generally selected to minimize shipments through highly populated areas, but there aren’t any equivalent regulations for rail.” He suggests laws that prevent the use of two-way tunnels and require circuitous routing and dedicated trains.

“Why in the world would we allow spent fuel to be shipped in mixed-freight trains in the first place?” Halstead says. “And, secondly, if they were in mixed-freight trains, who would be stupid enough to run them through dangerous areas? Congress should just say, ‘Bang, you will not ship any spent fuel in mixed-freight trains.’ My god, what could be more common sense than that?”

His harsh critique of the existing waste-transport system notwithstanding, Halstead says he is not against nuclear power. “I personally think that there is a very good green case to be made for nuclear power,” he says. But after years of studying the industry and how it’s regulated, he says, he finds it “just pathetic that the people running this business are incapable of doing it technically and in a way that would have public confidence.”

The public is going to have plenty of opportunity to express its confidence, or lack thereof, in the Yucca Mountain Project as it winds through the approval process. Based on NRC’s assessment of the site’s scientific and technical feasibility, Energy Secretary Spencer Abraham and President Bush are expected to give the plan the green light later this year. Then Nevada Gov. Kenny Guinn and that state’s legislature will have an opportunity to veto that decision–something they’re assured to do. Once Nevada rejects it, Congress gets the final say by a simple majority vote of both houses. Along the way, lawsuits brought by the state of Nevada and coalitions of environmental groups will throw up roadblocks. All together, this level of contention is bound to attract big media attention and raise Yucca Mountain’s profile as a national issue.

In the meantime, a major snafu has cast a shadow over Yucca. In late July, the Las Vegas Sun reported that for the last six years, the same Chicago law firm that the Department of Energy has been paying to provide legal services in support of Yucca Mountain has been lobbying on behalf of the NEI to get the project built. The firm, Winston & Strawn, and the NEI severed their relationship shortly after reporters called for comment on the apparent conflict of interest. “This situation,” Guinn wrote to Abraham in an Aug. 1 letter, “presents serious issues concerning conflict of interest and possible bias in the site evaluation process” for Yucca Mountain.

Around the same time, in an incident seized upon by anti-Yucca forces to bolster their case, a leaking cask was discovered on a truck carrying low-level nuclear waste through Nevada. No radioactive material escaped, but the July 30 incident served as a reminder of a leaky container found on a truck in Arizona in 1997–and that one did release radioactivity, leading to a suspension of additional shipments until corrective measures were put in place. Guinn promptly fired off another letter to Abraham: “It appears DOE’s protocol for the transportation of nuclear waste is seriously ineffective in protecting public health and the environment.”

Critics’ concerns about the Yucca Mountain Project aside, most everyone agrees that the technology doesn’t exist today to allow the waste to be stored on-site at the nation’s 72 nuclear-reactor sites for 10,000 years, until it has cooled off enough to be relatively safe. “It’s gotta go someplace, it can’t just stay around forever where it is,” says Robert Jones, the former GE nuclear engineer. As the nation has already invested $6 billion to $8 billion in the Yucca site, Jones contends, we should move forward with it. But it will cost another $50 billion to bring the Yucca site online; rather than continue throwing good money after bad, Nevada’s Sen. Reid contends, the Bush administration should scrap Yucca and start anew, finding another site or developing strategies to safely keep the waste where it is.

It remains to be seen how exercised the public will get over the potential hazards of transporting nuclear waste to Yucca Mountain. But as bad press, including the doubts about safety posed by the Baltimore fire, feeds into the collective realization that shipments are going to pass within a mile of an estimated 60 million U.S. residents over the course of 30 or 40 years, grass-roots opposition is bound to coalesce. If Resnikoff demonstrates that the Howard Street tunnel fire actually did burn at or about 1,500 degrees for more than a few hours–potentially enough to break a cask and cause a radioactive release–Yucca’s opponents’ arsenal will be stocked with a credible, real-life incident that raises serious doubts about the current framework for shipping the waste.

“The issue of waste transportation to Yucca Mountain is lurking on the national horizon,” Nevada Agency for Nuclear Waste Projects executive director Robert Loux wrote in an Aug. 16 guest column in the Las Vegas Sun, “like a thousand-pound gorilla waiting to pounce.”

The “Dead Zone” Stirs: Belated renewal slated for West Baltimore Street

By Van Smith

Published in City Paper, March 11, 1998

For generations the 800-1000 blocks of West Baltimore Street in Poppleton have been a thorn in the side of city planning officials. Millions of dollars in public investment over several decades have been sunk into this stretch of once-historic cityscape that now consists largely of vacant lots, the legacy of neglected storefronts and rowhouses the city acquired and then demolished.

Today, nearly all of the city-owned properties on this three-block stretch are slated to be rebuilt as private homes or apartments, holding out the promise that the long-dormant corridor can be rehabilitated and returned to the tax rolls. But the city’s track record with regard to the neighborhood has made skeptics of area residents, who are taking a wait-and-see attitude about the fresh development plans for what many morosely call the “dead zone.”

On the north side of the 800 and 900 blocks, a development team made up of Atlantic Investment LLC; Struever Bros. Eccles and Rouse; and Banks Contracting wants to build 100 rowhouses with garages. “It’s what they call ‘Georgetown-style’ townhouses,” says Atlantic’s attorney, Claude Edward Hitchcock. Hitchcock did not say how much the development would cost to build, but “funding is the issue” in the company’s ongoing exclusive negotiations with the city Department of Housing and Community Development (HCD) over the properties.

The Atlantic site is located in the federal Empowerment Zone, a special district in which tax incentives and federal subsidies are available to boost job creation and urban renewal. The proposal was presented last summer to the Village Center of Poppleton (VCP), a nonprofit formed to oversee Empowerment Zone activities in the community.

Doris Hall, board chair of VCP, says the organization has “agreed in concept” with the Atlantic Investment team’s plan as presented to the group last summer, but she adds VCP hasn’t heard anything from the developers in “quite some time.” “If we don’t have some feedback,” Hall said during a March 6 meeting of the Village Center’s land-use committee, “we may want to change our commitment.”

Hitchcock says his perception is that the Poppleton community “is fairly excited” about the development because residents “did not want that street to be retail and did want additional middle-class families,” the market Atlantic is targeting. Hall agrees the middle-class flavor of Atlantic’s plan is in keeping with VCP’s desires: “We need more taxable income so that people vote more and have some influence” over the city’s decision-making process for the area.

Past plans to redevelop the Atlantic site have caused extensive controversy in the community. In 1979, a City Council bill to change the properties’ zoning from business to residential was defeated, but into the early 1990s HCD continued to base plans for the area on the defeated residential zoning. This irked residents who knew the land was zoned for businesses and hoped to see a commercial revitalization there.

In January 1991, the council considered a resolution calling for an independent audit of HCD’s use of federal Community Development Block Grants (CDBG) in Poppleton. The resolution, which did not pass, raised numerous questions about the city’s use of the federal funds. Poppleton residents say they’ve never gotten an adequate picture of how approximately $1.5 million in CDBG funds earmarked for redevelopment of what are now the Atlantic properties has been spent. In particular, concerns have been voiced about allocations of $100,000 for a temporary park in 1982 and $50,000 for public improvements in 1991, both in the 800 block of West Baltimore Street, where there is no tangible evidence of a park or recent improvements.

The $1.5 million does not include millions more in CDBG funds that went toward the relocation of the New Gold bottling plant, which stood at 926—944 W. Baltimore St. before it was demolished last month. In 1992, the federal Department of Housing and Urban Development criticized as “excessive” the city’s proposed use of $5.5 million in CDBG funds for the plant’s relocation. No plans have been announced for the former New Gold site.

Nearly $1 million more in CDBG funds has been sunk into preparing the 1000 block of West Baltimore Street for renovation and redevelopment. On this block, HCD is working with the Frederick Avenue Development Corp. on a proposal to demolish and redevelop four city-owned historic properties and renovate parts of two others. Frederick’s current plans are for apartments and some commercial space.

In January, the city Commission for Historical and Architectural Preservation approved the plan, which would save 1001 W. Baltimore St.–a circa-1830s structure the commission considers the most historic building remaining in the Poppleton area–and the arched facade of 1011 W. Baltimore. Frederick obtained development rights to these properties in 1993; at the same time it purchased 11 other properties on the same block for $150,000, about a quarter of their assessed value. Frederick offered to buy the 11 renovated properties after the previous developer defaulted on several city and state loans used to fix them up.

Frederick’s board chairperson, Leonard Moyer, did not return a reporter’s phone call. Neither did his attorney, Theodore Potthast.

Betsy Waters, president of the Hollins Market Neighborhood Association, said during the March 6 VCP committee meeting that her group wants “not to see any more rental developments” in its nine-block area of jurisdiction, which includes the Frederick proposal. But the neighborhood association has not taken an official stand on Moyer’s plans.

Some residents worry the two historic structures pegged for partial renovation, 1001 and 1011 W. Baltimore St., won’t survive the demolition of the surrounding properties. Their skepticism is based on an occurrence last month at nearby 946 W. Baltimore St. The historic, structurally sound corner building at that address was razed without a required permit when a city demolition contractor wrecked the former New Gold plant. Community leaders say they were told by city officials that the unpermitted demolition was an accident.

Moyer’s plans for the property have generated anxiety in the Hollins Market neighborhood since his company bought the parcels. In 1993, when Frederick acquired the 1000 block properties from the city, community leaders testified before the city Board of Estimates that they were worried Moyer would be an absentee landlord. Their concerns proved unfounded–Moyer can be seen on his property daily, perched in a chair on the sidewalk or chatting with passersby. And he has kept up his properties, although court records show Frederick is currently being sued by a contracting company that alleges Frederick owes $25,000 in unpaid bills for renovations done in 1994.

Ultimately, according to Hall, VCP hopes to see the West Baltimore Street corridor in Poppleton become a “corridor of health-related businesses and offices,” a strategy grounded in the hope that the proximity of the University of Maryland Medical Center and Bon Secours Hospital will attract health-care businesses. She also expresses hope that a land-use plan currently being prepared by VCP, to be completed in the coming months, will provide the impetus for actual redevelopment and bring to an end decades of controversial and thus far fruitless efforts to revitalize West Baltimore Street.

The Heat’s Off: Trial in fatal blaze raises questions about city fire probes

By Van Smith

Published in City Paper, May 29, 2002

In the middle of a cold night in February 2001, a fire broke out in an apartment in Cylburn, a neighborhood near Pimlico. The dwelling was well known to Northern District police. It’s where Leonie Barnes lived and fought regularly with her longtime lover, Donald Morton, drawing officers time and again.

Arrests for assault – including a stabbing three years ago in which Barnes accidentally drove a butcher knife into Morton – had become a ritual at the apartment.

So when firefighters found Donald Morton engulfed in fatal flames on Barnes’ kitchen floor, another fire in the bedroom, and a half-empty bottle of nail-polish remover with matches nearby, it didn’t take them long to conclude that it was no accident. It looked like arson, it looked like murder, and they had their suspect at the scene – Leonie Barnes, unharmed except for minor smoke inhalation and a chill from leaving the apartment wearing only her underwear.

On May 13, after nearly 16 months in jail and a seven-day trial, Barnes was found not guilty on all counts.

The jury concluded that Barnes may not have purposefully doused Morton with nail-polish remover and set him aflame in a fit of rage, as the state asserted. Prosecutor Cheryl Jacobs, in an e-mailed response to written questions about the case, says she still believes Barnes “meant to set Don Morton on fire, not her apartment.”

“The jurors,” retorts public defender Jeff Gilleran, who represented Barnes, “were intelligent and hardworking, and they obviously believe justice was served. . . .

“It was a tragedy what happened to Donald Morton,” Gilleran continues. “But in my opinion, the fire and police investigators in this case assumed this was an arson before they even entered the building, and then proceeded to ignore overwhelming evidence that the fire was accidental and never should have been classified” as purposefully set.

Videotapes of the trial demonstrate how Gilleran undermined the state’s case: by faulting an investigator’s methods in deeming the fire an arson, by revealing the fire and police departments’ uncoordinated handling of the follow-up probe, and by establishing a plausible accident scenario to create reasonable doubts in jurors’ minds. In the process, the defense raised questions about the quality of fatal-fire investigations in the city – revisiting issues that have nettled the department before.

Though never mentioned at trial, the ghost of the 1995 Clipper Mill fire – a much larger blaze in which a firefighter died – haunted the Barnes case. Communication breakdowns between fire investigators and police – documented in the Oct. 2, 1996, City Paper cover story “Firestorm” – plagued the Clipper Mill probe, in which no one was charged despite apparently strong evidence of arson. In the Barnes case, the defense showed similar departmental dysfunction, and argued that it led to unfounded charges of arson and murder.

“I’m amazed this thing ever went to trial,” says Bernard Schwartz, a private fire investigator who served as the defense’s chief expert witness, in an interview a few days after Barnes’ acquittal. Schwartz, whom the state’s attorney’s office has used as an expert witness in the past, says the case indicates that attempts to improve Baltimore City fire investigations in the wake of Clipper Mill haven’t taken root.

The main culprit of the investigative bungling in the Barnes case, the defense team argued at trial, was Fire Investigation Bureau Capt. Donald Wilson.

The bureau’s investigators have the sole authority in Baltimore City to deem fires incendiary, and they do so by determining the origin and cause of the blaze. Testimony showed that Wilson made the arson call within 20 to 40 minutes after arriving at the scene. His one-page report of the fire showed how he ruled out nonhuman causes – no electrical outlets or appliances or heat-producing devices near the point of origin. Then, he writes, “it appears that an accelerant … was poured on the victim and the mattress and an open flame was used for the ignition source. After the victim was on fire, he ran into the kitchen, causing the fire to spread.”

Gilleran’s alternative explanation for the fire was simple and, to jurors, more convincing: Barnes and Morton are sitting at the foot of her bed, watching the television. “They were drinking,” the attorney told the jury. “They were smoking, she was doing her nails, the bottle spilled, he had a lit match or a cigarette, and he caught on fire.”

Wilson, who did not receive departmental clearance to be interviewed for this article, worked for about 35 years as a firefighter. At trial, he explained that he became a fire investigator a year before the fire at Barnes’ apartment because he had been injured on the job and took a reassignment to the Fire Investigation Bureau, where he spent the first six months in field training. The Barnes case was his first fatal-fire investigation.

Testimony showed Wilson failed to collect key information before making the arson call. He didn’t interview the two witnesses, Barnes and her 19-year-old son, Jermaine. He didn’t notice key elements of the fire scene, in particular the presence of cigarette butts. He didn’t find out that Morton was smoking when the fire started, and had been drinking. And he didn’t learn that Leonie Barnes is uncoordinated and accident-prone due to a stroke that has affected the left side of her body, permanently contracting the muscles in her left hand – a condition that, in conjunction with alcohol, may have contributed to an accidental spill of nail-polish remover.

“Captain Wilson didn’t do his job,” Gilleran told the jury.

Wilson did, however, make the following, vaguely attributed comment in his field notes of the fire: “The statement was made that the son had said that his mother, using fingernail polish remover, had lit the victim on fire.”

At trial, Gilleran would use this statement to suggest that Wilson relied on “roadside gossip” to reach his arson conclusion.

Ultimately, a year after the fire, prosecutor Jacobs disclosed to the defense that Wilson, in a meeting with the prosecution team, had “momentarily expressed concern that the setting of the fire could have been accidental,” according to court documents.

Wilson was not alone in allowing for the possibility of an accidental cause – five of the state’s expert witnesses, under cross-examination, expressed the same opinion. And there was testimony that no one involved in the probe – neither Wilson, nor police arson and homicide investigators – checked the results of tests for the presence of accelerants on materials gathered at the fire scene. They were negative.

“It seemed to me that half of the state’s witnesses were learning new information for the first time when they were on the stand,” Gilleran opined to the jury. “Nobody followed up. Nobody cared. [The Fire Investigation Bureau] handed it off to police arson, who handed it off to homicide. It was nobody’s job.”

Some Sewage Runs Through It: The Gwynns Falls Trail is dedicated, but parts of the Gwynns Falls are just plain dead

By Van Smith

Published in City Paper, June 5, 2002

“That’s raw sewage right there,” says Rob Johnson, a city sewer supervisor, as he points at the gray, turbid water running through a fetid Southwest Baltimore stream. It’s around 8 a.m. on May 29, and Johnson’s back at the same spot he’s been most every morning for well over a month – at a Yale Heights manhole next to an unnamed tributary of Maiden Choice Run, monitoring a periodic sewer leak until the city can diagnose and fix the problem.

The polluted stream winds through piles of trash and debris and mounds of slime-coated rocks and sediment, fouling the air around homes in Yale Heights and Irvington. Maiden Choice runs clear until it’s joined by this tributary. Downstream, as it tumbles across a historic stone dam in Loudon Park Cemetery – where neighbors say children swim and play in the water – Maiden Choice runs gray and smelly toward the Gwynns Falls and, ultimately, the Chesapeake Bay.

Later that day, the second of three segments of the Gwynns Falls Trail is dedicated in a ceremony filled with optimistic speeches and calls for volunteerism. The bike trail, a decade in the making and four miles long so far, eventually will grow to 14 miles, linking Leakin Park with the Inner Harbor and the Middle Branch of the Patapsco River.

“We’ve got the basis to make something really great here,” an earnest Mayor Martin O’Malley proclaims from the podium. “The health of our parks is a really good indicator of the health of the city.” He goes on to acknowledge that the Gwynns Falls still needs some help: “We need to fix it up, make it more accessible, make it cleaner.”

As the crowd of trail enthusiasts and environmentalists mills about, some talk about how the quality of the Gwynns Falls’ water is tied in with the success of the trail.

“Having a greenway and an ugly stream running through it is not a good idea,” says Ellen Smith, trail coordinator for the nonprofit Parks and People Foundation. “Water quality and trail quality are intertwined.” Opening the trail gets people near the water, she says, creating a greater awareness of the Gwynns Falls’ problems and, hopefully, generating the political will to take measures to solve them.

The U.S. Army Corps of Engineers is also planning to help out. In March , the Corps announced a proposal to conduct numerous sewer-rehabilitation projects in the Maiden Choice Run and Dead Run areas of the Gwynns Falls. The idea has yet to get approval from Army Corps brass, much less any funding, says Chris Spaur, a Corps ecologist. But the plans are ambitious.

For now, the will to improve the Gwynns Falls’ water quality is coming from the federal and state government – in a big way. On April 26, the city, after years of noncompliance with the federal Clean Water Act, agreed to start a massive overhaul of its sewer system. Systemwide, the upgrade will cost about $940 million over 14 years. For the Gwynns Falls watershed this year, the city has allocated nearly $15 million for projects to improve stream quality, including sewer repairs, a debris collector, a storm-water containment pond, and a flood dike.

“The way it is now,” says Spaur of the sewers in the area, “there are little leaks all over the place. The pipes are made of vitrified clay with joints every several feet. Most of them were laid in the 1920s and 1930s, in and around streambeds. After all these years, the joints are leaky and there are lots of cracks.” If realized, the work as currently planned would involve fixing nine miles of sewer pipe and nearly 300 manholes, plus wetland restoration and streambed stabilization.

While these big public-works projects get underway, the Gwynns Falls is under a microscope – literally. Scientists from a variety of disciplines have been concentrating their research on the Gwynns Falls as part of the Baltimore Ecosystem Study, a National Science Foundation investigation into how natural and human-made elements of the urban environment interact. As research continues, available information on the health – or ill health – of the Gwynns Falls will continue to grow.

Rob Johnson, the sewer supervisor, knows firsthand one of the Gwynns Falls’ major problems: chronically leaky sewers. This morning, standing near the Yale Heights manhole as he has for weeks, he can’t do anything but watch as raw sewage trickles into the stream. Someday soon, once he gets his electronic diagnostic device back from La Plata–where he says it’s on loan to help sort out sewer damage from the recent tornado–he’s going to locate this leak.

“And then,” he says confidently, “we’ll come in and fix the whole thing.”

Meanwhile, as work on Phase II of the Gwynns Falls Trail progresses, the city is returning to the already opened first portion of the trail – completed in 1999 – to conduct $150,000 in repairs.

“There’s been some erosion on the trail,” explains Gennady Schwartz, the city Department of Recreation and Parks’ capital-projects chief, “so we need to redo some of the work.”

Trail maintenance – like beach replenishment in Ocean City – is going to be an ongoing cost for the city. “That’s the price to pay, but I think we’re willing to do that,” Schwartz says. An attractive trail that is well-used, he says, “will bring people’s attention to the problems in the watershed.”

The Economy of Scales: A Baltimore lab aims to take the science of growing clean, healthy salt-water fish to the global marketplace

DSC_5967

(Photo by Van Smith)

By Van Smith

Published in City Paper, July 24, 2013

The wood-grilled whole dorado, at $34, is the highest-priced dish on the current menu at Pazo, the casually elegant restaurant in Fells Point in Baltimore. Executive chef Mario Cano Catalan gushes about the restaurant’s specimens of the high-value Mediterranean fish, whose market name is gilthead sea bream, a sparkling silver species with a band of yellowish gleam at its head.

The ones Catalan prepares weigh a pound or a little over, he says, and after scaling and gutting them, he seasons them with crushed oregano and sea salt.

But here’s the catch: Pazo’s sea bream are not caught, nor are they from the Mediterranean. They come from a scientific laboratory in the basement of the Columbus Center downtown.

The operation, called the Aquaculture Research Center (ARC), is overseen by Yonathan Zohar, professor and chair of the Department of Marine Biotechnology at the University of Maryland, Baltimore County’s Institute of Marine and Environmental Technology (IMET). Since about 1998, Zohar has been working to perfect land-based technologies called recirculating aquaculture systems for the clean, green production of marine fish on a commercial scale. Every time his lab completes an experimental batch of tank-grown fish, he needs to move them out to make room for the next round. Thus, for several years now, super-fresh lab-grown sea bream, sea bass, and rockfish have been showing up in some of Baltimore’s finer restaurants.

“Look,” Zohar explains, “we are scientists, we are not in the business of sending 100 fish here, 100 fish there. We have 4,000 fish, which is 2 tons of fish, that we need to get rid of, OK?” Zohar says the lab is “trying very hard to work through some of the seafood distributors,” but “we are having difficulties,” so instead ARC sells them to area restaurants and caterers at wholesale prices-for sea bream, he says that amounts to $5 or $6 per pound. “Pazo, Cinghiale, Woodberry Kitchen, McCormick and Schmick’s use them on and off,” he says. “And, yeah, they love them.”

Thus, according to Tony Foreman, who co-owns five Baltimore-area restaurants, including Pazo and Cinghiale, ARC periodically delivers a “cooler full of flipping fish in the kitchen” to Catalan at Pazo.

As Catalan says, “It’s crazy how fresh that fish is-it’s super-fresh,” adding that sea bream from “the European market is good but not as good as the Columbus Center fish.” Foreman points out that, even if he was to have sea bream flown directly from Europe with the utmost speed, “they’re still going to be three, four, five days out of the water,” rather than the hours involved in getting ARC’s fish from tanks to kitchens.

To top it off, Foreman notes enthusiastically that ARC’s fish “are grown to the size that you want too,” which prompts him to make an analogy: “Imagine a farmer down the street that was growing lambs to exactly the size that you want, fresh-killed after your phone call to him.”

Foreman says ARC’s fish have filled the bill like no other supply. “The first job for us is to find high-quality seafood products on a consistent basis,” he says, “and this fulfills it as well or better than anything else I’ve seen, and we’ve tried just about every exotic source to get great seafood as quickly as we possibly could.”

Zohar has his own reason to be excited about ARC’s work with high-value marine fish: a company, Maryland Sustainable Mariculture (MSM), which formed in 2010 and shortly thereafter obtained a licensing agreement to commercialize ARC’s technology, expects to get up and running soon-though, precisely when remains to be seen. And if MSM starts production and finds success, so too will Zohar’s work.

“Everything that I do all my scientific life for the past 35 years,” Zohar explains, “is in the interface between the basic research and the application-that’s actually the mission of IMET, the emphasis is on research, education, and economic development. And with MSM, the idea is that they’ll grow fish, but then they want to take it globally, because you can cut and paste [the technology] in modules anywhere in the world.”

Thus, while today ARC is supplying some of Baltimore’s finest restaurants with sea bream and sea bass, if all goes well, soon MSM will supply seafood distributors and supermarket chains in the region with the same fish on a consistent basis. And then later, if the anticipated success continues, MSM will sublicense the technology wherever someone wants to grow high-value marine fish species for profit.

“We are doing due diligence with one investor now and are negotiating for space in Baltimore City,” says MSM’s Michael Quinn, a name partner at the Baltimore law firm Neuberger, Quinn, Gielen, Rubin & Gibber. “I’m hopeful,” Quinn continues, “that over the next few months we’ll be ready to really nail down the space and start constructing the actual operation” – though he says he’s “too superstitious” to try to pin down a more specific time frame.

Quinn says he and MSM’s David Wolf, a retired executive vice president of the health insurer CareFirst BlueCross BlueShield, “together with Dr. Zohar, are leading the drive to commercialize” ARC’s technology and are confident that “once you start to sell fish, the operating profit is positive immediately, because there’s a decent profit margin on the price of fish.” But to do so, the operation needs to produce much more fish than Zohar’s lab is growing now.

“At the Columbus Center,” Quinn explains, “they’ve been producing a couple of tons of fish per year, but if you want to do this on a commercial basis, you need to grow a couple hundred tons of fish per year. So our goal for the first production facility is 200 tons, generating about $3 million per year, and then we’ll scale that up to 300 or 400 tons, because you get a lot of economies of scale at the higher production levels.”

Then, Quinn says, MSM wants other aquaculture companies to buy into its license.

“Once we have a commercial production facility in operation,” Quinn explains, “then there will be plenty of interest from third parties to sublicense the technology for other locations, and the great thing about the technology is that you can use it anywhere. You don’t have to be near the ocean; it’s a clean, self-contained system, and you can put it in a warehouse anywhere, with minimal climate control. You could grow this stuff in Nebraska.”

Still, Silverstein says that while MSM’s anticipated 200-tons-per-year operation is “bigger than anything else that’s out there,” it falls far short of the “3,000-tons-a-year scale that is kind of the break point where you get the economies of scale working in your favor.”

Recirculating aquaculture systems such as ARC’s are “very capital-intensive projects, so the upfront outlay is quite large,” Silverstein says, but the scale that MSM is planning on is “a step toward a commercially productive basis that could convince people that they could do 3,000 tons or more a year”-and, he adds, the sublicensing scheme “makes a lot of sense.”

Silverstein stresses as well that “we need all of these aquaculture systems, all sustainable means of production” to meet growing global demand for seafood at a time of when fisheries around the world are being overexploited. So if, “in the middle of Baltimore, they’re producing clean bream and bass for the regional market using that technology, and with a low carbon footprint for shipping,” he concludes, “it seems like a solution worth pursuing.”

The world’s fisheries are in a state of crisis, a problem that has been becoming increasingly clear with each passing year. Even as more fish are captured to feed a growing number of people eating more fish-world population, at about 7 billion today, is predicted to be between 8.3 and 10.9 billion by 2050, while per capita fish consumption has continuously risen, about doubling to almost 20 kilograms since the 1960s – authorities fear the needed production of captured fish may collapse, creating a global food crisis.

As the United Nations (UN) Food and Agriculture Organization stated in the 2012 edition of its biannual report State of World Fisheries and Aquaculture, analyses showing that more than 85 percent of seafood landings are of species that are either fully exploited, overexploited, or depleted or recovering “suggest a global system that is overstressed, reducing in biodiversity and in imminent danger of collapse.” Despite these pressures, the system thus far has “been surprisingly resilient in terms of output and food value,” the FAO continued, even though “harvesting has been increasingly inefficient.”

The picture is so bleak that the UN Environmental Programme predicts that by 2050, absent major worldwide reforms, overfishing will have combined with the effects of climate change to cause the collapse of all major commercial fisheries. Meanwhile, fish are contaminated with such toxic levels of mercury – a ubiquitous byproduct of an industrialized society – that, according to a recent study surveying fish samples from across the globe, eating one 6-ounce portion of fish per month exceeds U.S. Environmental Protection Agency human-health guidelines for exposure to the heavy metal.

Aquaculture – growing fish in pens and cages in the sea, in coastal lagoons, or in tanks or ponds on land – has long been the strategy to insure against the depletion of wild stocks. But Mark Spalding, president of the Ocean Foundation in Washington, D.C., a nonprofit that works to protect and restore the world’s oceans, says the effort has been falling short.

“In order to meet the world’s growing demand for fish,” Spalding explains, “aquaculture, which we now think is where more than 50 percent of fish come from, has to grow at 10 percent per year going forward, but it’s actually growing at 6 percent and decelerating.” And the key question, he says, is “which kinds of aquaculture can best get the job done.” Trying to answer that question is what Zohar’s aquaculture lab does.

Spalding visited ARC in 2011 and found it “quite impressive,” he says, “because they’re really trying to test a whole lot of things all at the same time.” A widely used form of aquaculture called floating net-pens – a very descriptive term, since the fish are grown in large, netted pens floating in coastal or ocean waters – has a “laundry list of problems,” says Spalding. “The fish escape and crossbreed with wild animals, they transfer diseases, they pollute the water with their waste and their feed,” he explains. The tank-based technology that Zohar’s lab has been developing “solves a lot of the things that have always concerned folks” about the practice.

Taking it commercial, Spalding continues, opens “a whole other debate over whether it should be on a smaller scale near a market, so the carbon footprint is very low, or a very large-scale production facility with shipping.”

In the end, Spalding predicts “we are going to continue to see wild-caught fish at the very highest end of the market, like the bluefin tuna, and in subsistence-fishing for poor people all over the world. But if aquaculture can supply the middle – the standard consumer, the restaurants – so that we’re not taking biomass out of the ocean and out of the mouths of poor people and out of the mouths of other predators in the ocean, we maybe can do this right and reduce the number of stressors on the ocean in the process of finding these alternative ways to grow fish.”

In Baltimore, Spalding continues, “the nice thing about Zohar’s facility is it’s very much like a lab operation, where you are really getting data as well as growing fish, and that will allow us to decide how to design this if you do take it commercial. He’s testing the different boundaries of which species will work, and which will not. But until we solve some of these things that he’s working on, aquaculture is not going to save the ocean-but we need it to.”

The global fisheries crisis is a given to Zohar, who, while sitting in his Columbus Center office during a recent visit, started out an interview by saying, “So, you don’t need the introduction of, you know, we are running out of fish and we are overfishing in the wild and the wild stocks cannot really sustain for very long if we continue the same practices and there are many fish that are actually already fished out.” Accepting that there’s a real crisis, he’s instead focused on aquaculture solutions that can help abate the problem-and also correct problems that earlier aquaculture solutions created, such as those Spalding mentioned involving floating net-pens.

“I was part of the early team that developed this aquaculture technology,” Zohar says, referring to the pens, “and the problem is, it has been criticized for not being environmentally responsible.”

First off, the fish waste pollutes the waters where they are raised with dissolved nutrients and solid organic waste, Zohar explains. But “a big, big problem,” he continues, “is when fish escape from the cages and they interbreed with wild stock and displace them, so all of the sudden the wild stocks are not wild anymore; they are replaced by a selectively bred farm animal, and the environment, the whole ecosystem is affected.” Finally, for the fish themselves, the pens create a stressful, unhealthful existence.

“They are exposed to pathogens, to PCBs, to heavy metals,” Zohar says, “and sometimes there are harmful algal blooms around them, and their immune system[s] [are] compromised and they get infected by parasites and diseases. From the fish’s point of view, those systems are not optimal.”

The solution, Zohar says, is that aquaculture needs to be done in closed systems on land with recirculating water – and perfecting that concept has been Zohar’s aim for about the last 15 years. “To be both ecologically responsible and environmentally sustainable, as well as economically feasible in the long term,” he explains, “aquaculture more and more is going to go land-based. And to do that, number one, you need to close the life cycle, with a consistent, year-round, reliable egg supply or juvenile supply” that can be raised to market size-and Zohar’s lab has done just that for a number of high-value marine species, including sea bream, sea bass, and rockfish.

But to be truly sustainable, Zohar says, “our goal was to develop a completely contained recirculating system that is fully bio-secure,” meaning no fish can escape, “and as near zero-waste discharge to the environment as possible. And our system addresses all of those issues: There is no organic waste, no possibility of escape, and the conditions are being kept optimal all the time, because the system is recirculating and completely controlled and monitored to accommodate warm-water species, cold-water species, higher salinities, lower salinities, to allow optimal performances all the time. And there is no disease, no heavy metals, no toxins, no algal blooms. The fish are as clean and green as it can get. And the system is very generic, so we can tailor conditions to accommodate any species of interest by its economical considerations, as opposed to geographical ones. The collection of fish species we have downstairs in the basement, it’s almost like a zoo.”

Zohar is realistic about the challenges his lab’s system faces because of high upfront costs – as Silverstein points out, the high-tech capital costs don’t come cheap. But Zohar – and MSM, which is poised to put real money behind Zohar’s technology – believes it can be overcome because it produces a reliable supply of healthy, high-value fish quickly, so once the batches start reaching the marketplace, the money keeps rolling in, and because some of the operating costs-fish feed and shipping, for instance-are lower than with net-pen facilities.

“There is a lot of argument about economic feasibility,” he explains, because “your initial investment is more. But because the conditions are optimal, we really grow the fish to market size much faster – like in half the time. And the fish are much more efficiently using the feed” because they are in tanks and can eat all the feed they are given, as opposed to the net-pen fish, who eat what they can before much of it sinks beyond their reach. “For the sea bream and sea bass,” he adds, “your only competition when you commercialize it are fish that are being flown in from the Mediterranean, and they are like five to eight days post-harvest by the time they arrive. But our fish are as fresh as you can get. We harvest them, and two or three hours later, they are at the restaurant.”

A critical aspect of the technology, Zohar explains, are the filters the lab has developed that keep the artificial seawater pristine without creating any waste. “We start with city water,” he explains, “and we simulate all of the ingredients of seawater, and then we use microbes in these biofilters, and the water circulates very quickly through the microbes. They use the dissolved waste, mainly ammonia and nitrites and sulfites and all of this kind of thing to live, and they produce free nitrogen, which is what much of air is.” So the nitrogen is simply released into the air.

The solid waste “produces sludge,” Zohar continues, “and freshwater aquaculture operations collect it and use it as a fertilizer on fields, but this is not environmentally sustainable, really, because those nutrients are going to end up in your watershed one way or another. But you can’t do that with our salty sludge. So we use methanogens, these marine microbes that use organic matter and convert it to methane. We optimized this filter for many, many years, and very efficiently they convert 96 percent of our sludge to fuel-grade methane, and then you can fire a Bunsen burner or a methane-driven generator right out of the fish tank. We estimate that 15 percent of the operation’s energy costs can be offset in this way.”

And sure enough, down in the basement laboratory, three Bunsen burners are sparked, burning off the methane. The operation whirs with the sounds of pumps and filters aside a series of tanks that fill much of the 17,000 square-foot laboratory, each ranging from 4 to 18 feet in diameter and 500 to 5,000 gallons in volume. In one of them, a school of sea bream swim in circles. I’m handed four of them that had been harvested earlier that day, to cook later.

“We started with more than 2,000 fish in there,” says Keiko Saito, one of IMET’s scientists, “but we started to harvest them in March, so now there’s about 1,200.”

“You see the water in these tanks,” adds Nick Hammond, IMET’s assistant director. “Well, it was put in here like a year ago, and they haven’t had to add water. So it’s very, very efficient on the water recycling.”

“And look how beautiful the water is,” says Zohar. “And look how beautiful the fish are! You saw the fish we gave you, the eyes-you can’t get any fresher than that.”

I took home the sea bream Zohar gave me and immediately froze them, sacrificing some of the freshness for the convenience of preparing them later. After about a week, I took them to a cabin in West Virginia, scaled and cleaned them, stuffed them with fresh-picked wild raspberries and a lime wedge, and slow-grilled them under tin foil over a smoky outdoor fire.

Four adults and four children marveled at the rich, smoky flavor of their bountiful flesh – Pazo’s Catalan says they are 85 percent meat and 15 percent head and bones. Served with corn on the cob, and carrots and radishes cooked in peanut oil, butter, and balsamic vinegar with a dash of salt, our bellies filled so quickly that we had one sea bream left over, enjoyed cold later.

The fact that we hadn’t just exceeded the health advisory for mercury was a bonus, but one of the guests, after hearing where they came from, called them “frankenfish,” since they’d been grown by scientists in a laboratory.

Foreman, the consummate restaurateur, bristles at this suggestion.

“I’ve had dorado in Corsica, Sicily, Spain, France,” Foreman says indignantly and continues to rattle off a long list of Mediterranean locales where he’s enjoyed fresh sea bream, “and these are as good or better.” He continues by noting that the “great shame of the seafood distribution in the U.S. is that you’re eating week- and two-week-old stuff, half-frozen, chemically treated.” But “the freshness and consistency” of the Columbus Center fish “is amazing. They are not frankenfish, they are the fish.”

MSM’s Quinn, when asked if the “frankenfish factor” could present a marketing hurdle when his fish go commercial, says essentially the same thing as Foreman: “They’re not frankenfish, they’re just fish.” But, he adds, “they are grown in much happier, healthier conditions than the fish you are buying right now. If you could catch them any more in the wild, you would still have heavy metals, and with these you have none of the concerns about toxins, drugs, and health that you do need to worry about when you are buying those fish from the supermarkets that come from the net-pens. They’re just fish, like any other fish, but better.”

Overcoming the potential for consumers to think of these fish as something unnatural “is primarily an education problem,” Quinn continues. “From an ethical consumer standpoint,” he says, “it really is the only thing that makes sense. You can’t catch these fish in the wild anymore, net-pens have horrible environmental records, and the fish you’re getting from the supermarkets aren’t especially desirable anyway. This helps solve the pollution problem to produce a fish that is completely natural, yet completely clean. And while the operation is high-tech in a way, it is not so high-tech that you can’t do this any place and feed a lot of people a very high-value protein.

“This is part of why I stuck with it,” Quinn concludes. “It has to happen. We can’t keep doing what we’re doing, it’s not right. This is the better way.”

Raising a Stink: City Paper’s discovery of a recent sewer-leak spike along Greenspring Avenue highlights pollution’s persistence

By Van Smith

Published by City Paper, May 7, 2014

Raw sewage, which is supposed to be carried to treatment plants via underground pipes, overflowed 16 times since last summer along a five-block stretch of Greenspring Avenue between Cold Spring Lane and Northern Parkway in Baltimore, according to the city’s reporting of such incidents. In all, these overflows spewed at least 12,000 gallons of nutrient-laden effluent, to make its way through storm drains and streams downhill into the nearby Jones Falls, the Baltimore Harbor, and ultimately, the Chesapeake Bay, where it contributes to algal blooms and fish kills.

While this is a regular occurrence citywide – in March, the city reported 68 such overflows, leaking an estimated 10,000 gallons of sewage – until recently it hasn’t been along this stretch of Greenspring Avenue, where there had been only seven reported overflows between 2005 and 2012.

Surely, community leaders in the area would have noticed the sudden sewage surge. After all, since 2002 the city has been working diligently under the terms of a court-mandated consent decree resolving a Clean Water Act lawsuit brought against it by the U.S. Environmental Protection Agency (EPA) and the Maryland Department of the Environment (MDE) to plug up its chronically leaky sewer system – a $900 million project which has spurred repeated hikes and water-and-sewer rates.

Turns out, though, they hadn’t.

City Councilwoman Sharon Green Middleton (D-6th District), who lives in the affected neighborhood, said in an April 23 phone interview that “there has not been a complaint from my association” about sewage leaks, and notes that sewage leaks “are never the conversation of the meetings of the community associations” in the area.

“I checked to see if there have been any constituent complaints to my office about this from these neighborhoods,” she adds, “and there have been none whatsoever since I’ve been in office.”

The same day, in response to City Paper‘s inquiries about sewage leaks in the area, Chikwe Njoku, president of Coldspring Community Association, wrote in an email that “I am not aware of any issues as it relates to sewage overflowing along Greenspring Ave.,” adding that while he understands “the Jones Falls often does receive sewage,” it “doesn’t have any direct impact on the neighborhood since homes are well away from it.”

The next morning, while awaiting a response about the matter from Blue Water Baltimore (BWB), the city’s main water-quality advocacy group, a City Paper reporter hoofed around in the woods northeast of the intersection at Greenspring Avenue and Cold Spring Lane, flushing out deer and ducking briars in an effort to find evidence of sewage contamination.

Rather than what was expected – a chronic sewer leak in these woods, dubbed in 2008 by the Jones Falls Watershed Association (since subsumed by BWB) as one of the city’s “Filthy Five,” responsible for releasing an estimated 21,600 gallons of raw sewage each day – we found something else: the unmistakable stench of sewage where a storm-drain outlet empties into a stream, turning its water opaque and gray.

After taking photographs, the reporter discovered that the easiest access to this sewage-contaminated storm-drain outfall is through a broken fence from the playgrounds of KIPP Harmony Academy, a public-charter elementary school, though it also can be reached from the athletic fields of the nearby Waldorf School. There were no signs announcing that the stream may be fouled by sewage, which contains bacteria, parasites, and viruses that can cause a variety of illnesses.

Back at City Paper‘s office, BWB’s emailed response was waiting: “We were not aware of the recent uptick in sewer overflows in this section of the Jones Falls,” wrote David Flores, BWB’s Baltimore Harbor Waterkeeper.

“We had been monitoring a sewage-contaminated storm-water outfall located at the intersection of Greenspring Avenue and Cold Spring Lane for several years,” Flores continued, adding that the city’s Department of Public Works (DPW) “has since reported that the sewage leak at that location has been located and fixed.” Back in February 2012, Flores explained, BWB “investigated and reported [a sewer overflow] along Greenspring Avenue,” but the group “has since neither encountered nor received any citizen reports of sewer overflows at this location.”

Once City Paper emailed its photographs of apparently sewage-contaminated water coming out of the storm drain to foul the stream below KIPP Harmony Academy, BWB and DPW kicked into action, with each sending staff to investigate the matter.

While awaiting the results, BWB’s executive director, Halle Van der Gaag, commented that “this looks like a pretty big deal and I will be very interested in seeing it corrected and understand what has happened.”

Within hours, BWB’s water-quality manager, Alice Volpitta, had sampled the water, found it to have elevated indicators of sewage, and noted that “sewage fungus” was growing “in the culvert where the sewage is flowing.” The fungus, she explained, “is a collection of the bacterial cells found in the contaminated water, and it takes time for the ‘structure’ of the sewage fungus to form,” so its presence “is an indication that the problem has been on-going.”

First thing in the morning on April 25, DPW’s Joan White, a pollution-control analyst supervisor, emailed City Paper to explain that “my team found a choked sanitary line at 2917 Thorndale Ave. causing sewage to infiltrate the storm-drain behind KIPP Academy yesterday afternoon,” adding that the problem had been fixed.

Meanwhile, City Paper also asked EPA and MDE – the overseers of the consent decree under which Baltimore’s sewer system is being upgraded – to comment on the situation.

MDE spokesperson Jay Apperson explained that “although MDE is responsible for ensuring that the city remains in compliance with the consent decree, it is not our role to explain details of the sewer assessments, nor can we speculate on whether the root cause of overflows in a particular area has been determined.”

EPA spokesperson David Sternberg said that until Baltimore completes its sewer-system “rehabilitation projects to eliminate overflows, EPA will continue to assess penalties for such unpermitted discharges from the sanitary sewer system.”

While penalties for the 16 overflows in 2013 and 2014 along this stretch of Greenspring Avenue have yet to be assessed, earlier overflows in the area-most occurring in the early 2000s, when big overflows were prevalent-have prompted a total of $11,500 in penalties.

On April 30, City Paper brought Flores along to DPW’s offices to meet with two spokesmen – Kurt Kocher and Jeffrey Raymond – and Wazir Qadri, the department’s wastewater engineering division chief, to talk about the sewage issues along the five-block stretch of Greenspring Avenue and the contaminated outfall City Paper had photographed.

The conversation lasted an hour, and it’s not clear what prompted the sudden increase in sewage overflows since last summer – though Wazir noted “a lot of tree canopy in that area, so a lot of roots” underground could damage sewer pipes. Many of the 16 overflows, Wazir observed, occurred at Greenspring Avenue and Dupont Avenue, right in front of KIPP, and that was due to a faulty house connection on private property, which the owner eventually completed.

As for the stream being contaminated by sewage flowing out of the storm-drain system, Kocher said the overflow was not only coming from a house a half-mile uphill on Thorndale Avenue, as White had learned, but also from Pimlico Elementary/Middle School, which “had a break in their line, and the sewage was being pumped through a sump pump into the storm-drain system.”

Warning signs about the stream’s pollution problems, Kocher added, were soon to be installed, even before City Paper discovered the problem.

Qadri explained the big picture.

The city’s sewer system involves “approximately 1,300 to 1,400 miles” of pipes and “you cannot fix everything. It is going to be exorbitant to fix that. So even when we do all of the work [under the consent decree], we will still be rehabbing like 30 to 40 percent of the system.” Moving forward, he added,” we are going to be doing programs with TV inspection” – sending cameras up sewage pipes, to assess their condition – “every five to ten years so we can keep looking at the system, and how the system is doing, and then continue to improve on it, reduce our overflows” – a strategy that Flores sums up as “proactive asset management.”

The end result, says Flores, should be improved water quality in the harbor.

“As someone who has been conducting bacteria monitoring on the harbor since 2008,” he explains, “what we would hope to see after the consent-decree work is finished is lower levels of fecal coliform bacteria following wet weather.”

“This is going to be so much better,” Kocher says, once the consent-decree work and other pollution-abatement projects the city has been undertaking start to take hold. “These things don’t happen overnight,” he explains, “but these steps that we are taking-and have been taking, and are accelerating-really, they are going to pay off.”

In the meantime, community involvement in sewage-pollution awareness can also help find and stop more leaks more quickly. “If you see something, say something,” says Kocher, encouraging folks to call 311 if they see or smell a sewage-fouled stream or storm drain. For those interested in organized involvement, BWB’s Adopt-A-Stream and Outfall Screening Blitz programs offer a way for people to get trained in pollution detection and reporting work so that “we can use the force of our volunteer citizens to supplement the efforts of the city to find more illicit-discharge contamination more often,” says Flores.

On an everday basis, though, Raymond has advice for everyone who uses toilets – “poop, pee, and toilet paper only, no flushable wipes” – and sinks – “no grease, no fats.” What’s been happening along Greenspring Avenue since last summer illustrates his point: Of the 16 overflows, six were attributed to blockages caused by grease and rags. Doing as Raymond suggests could be the simplest way for anyone to help improve Baltimore’s water quality.

CannaBuzz: Maryland driving-and-toking bill gets vigorous nod from prosecutors

By Van Smith

Baltimore, March 1, 2019

“How could it be that it’s okay to have a bong in your car, and smoking it, but you’re not able to have an open container of alcohol?” Steve Kroll, speaking on behalf of the Maryland State’s Attorney’s Association (MSAA), on Feb. 26 asked of the Maryland senators he hopes will vote to close a driving-with-weed loophole that has become an incongruence in the age of decriminalization.

In the real world, if police observed someone doing bong hits in a car, it’d be a good bet that charges would result. But the prosecutor’s point remains: “Our goal is … safe driving,” Kroll explained to the Senate Judicial Proceedings Committee (JPC), adding, “this is a driving bill more than it is a marijuana bill.”

It would accomplish that by, in essence, adding cannabis to the existing open-container law that currently pertains only to alcohol, as FSC reported in prior coverage. Someone caught using cannibis in the passenger area of a vehicle, moving or not on a highway, would be subject to a $500 misdemeanor crime and a point on their driving record, or three points should the violation involve an accident, if Senate Bill 418 becomes law.

“All this does is put marijuana on the same footing as Bud Light in terms of having it in your car,” Senator sponsor Robert Cassilly (R-District 34) of Harford County told his colleagues during his testimony.

“It’s important,” Cassilly added, “as marijuana use becomes more prevalent and because we’ve decriminalized the use of marijuana, that we send the appropriate message.” In this case, he continued, the message is directed “to particularly the young drivers: that marijuana is not an appropriate substitute for the Budweiser that you’d like to drink in your car, that you can’t just simply drop off one kind of bud for another.”

JPC vice chair William Smith Jr. (D-District 20, Montgomery County) asked about how the bill would address “edibles,” the broad range of cannabis products that produce no second-hand smoke because they are eaten, not combusted.

“Edibles would not apply to passengers, only to drivers” explained MSAA’s David Daggett, adding that “primarily we’re concerned with the passenger smoking and the driver smoking” because cannabis smoke can affect others in a vehicle’s passenger area.

If opposition to the bill exists, no one rose to voice it during the Feb. 26 hearing. Testimony on its Democrat-sponsored companion bill, House Bill 350, was taken by the Judiciary Committee on Feb. 19.

 

CannaBuzz: Maryland cannabis patients’ gun-rights bill draws no opposition

By Van Smith

Baltimore, Feb. 28, 2019

Many Marylanders considering certification as medical cannabis patients balk once they learn they would sacrifice firearms rights as a result, according to Maryland Senate testimony on Tuesday by Robert Davis, an Eastern Shore pharmacist and dispensary clinical director.

“It is keeping away at least 20 to 30 percent of potential certified patients from joining the system,” Davis told the Judicial Proceedings Committee (JPC). “People are scared to lose their guns, to have someone knocking at their door,” Davis continued, so they “are still utilizing the black market” to obtain cannabis.

A bipartisan bill would cure this conundrum, assuring that, if passed into the law, cannabis certification could no longer be a disqualification for licensed gun ownership. Republican state Sen. Michael Hough (District 4, Carroll and Frederick counties), who is joined by JPC chair Bobby Zirkin (D-District 11, Baltimore County) in sponsoring Senate Bill 97, told the committee the measure would “change Maryland’s laws to reflect the simple truth that medicine that people are prescribed should not be used to discriminate them from practicing their Second Amendment rights.”

If opposition to the bill exists, no one at the hearing rose to testify against it.

Eric Stamper, who described himself as a Maryland medical-cannabis patient with 23 years in the U.S. Navy under his belt, told the committee that “the government has spent a lot of money to train me” in weaponry, and yet “I’ve lost my Second Amendment rights.”

Olivia Naugle, legislative coordinator for pro-legalization Marijuana Policy Project, told the committee that patients “should not have to choose between their civil right and their human right to treat their pain or illness.” She also seconded a point that Hough had made – that use of prescribed drugs more dangerous than cannabis, such as opioids, does not disqualify a patient’s firearm licensing, so neither should medical cannabis.

More enigmatic testimony came from Max Davidson, executive director of the Maryland Patient Rights Association, a medical-cannabis advocacy group. He seemed to be suggesting that, had he not been disqualified from gun ownership due to his cannabis card, he would’ve found a handgun useful for self defense in Baltimore City on two occasions.

“I’ve been a victim of violent crime in Baltimore City. Not a surprise, that happens a lot in Baltimore City,” Davidson explained to the committee. “But I can’t get a gun to defend myself.”

Here’s how Davidson described the first instance: “I was a victim of violent crime and the police tried to arrest me simply for the fact that I had a marijuana lapel pin. They were little kids that tried to rob me. Didn’t care that they assaulted me, let them go.” But, “due to the law, I can’t get a gun to defend myself.”

The second incident he described as follows: “I’ve also been almost a victim of violent crime at the dispensary I was working at. I had a person who had a hit list come in and start trouble and kept coming back and wanting to cause harm on me. Could not defend myself. If it wasn’t for the armed security at the dispensary, I might not be here to testify today.”

In either case, the scenarios raise the question of how brandishing or discharging a firearm in self defense would have brought them to safer conclusions. Perhaps Davidson is the exception that proves the rule on the guns-and-weed policy question.