Phase 1 Antarctica 2024

In Phase I Antarctica 2024, Michael Carvalho, an environmental attorney, Explorers Club National Member and expert polar ice SCUBA diver, will embark on his third Polar expedition and second expedition to Antarctica, in Feb – March 2024, leading the environmental policy assessment of POLEs in the Southern Ocean and Antarctic Peninsula. Mr. Carvalho will serve as the Senior Science Policy Advisor to The Explorers Club Flag Expedition’s scientists who will assess food web dynamics correlating aspects of increasing rates of glacial run off, temperature and decreased salinity with the complex biodiversity and population densities of foundational microplankton, the predators and prey of krill, a pivotal food web member upon which so many higher polar life forms depend. Specifically, scientists, researchers, and explorers on the team will collect and document microscopic plankton species, eDNA samples, physical oceanographic data, and underwater photogrammetry.

A unique aspect of the POLEs Expedition is the well-planned deliverables. The scientific data will inform a policy assessment paper that Carvalho will be preparing as a critical deliverable of the POLEs Flag Expedition.

Mr. Carvalho has experience serving as a Delegate for North America to the United Nations Environment Assembly, and his expertise will provide critical assessment of the Science-Policy Nexus of The Treaty of Antarctica (Madrid Protocol). This work is important because scientists will be assessing whether the policy goals are being met halfway through the fifty-year life of the Treaty. The policy assessment will include recommendations for improvements to better reflect the current science in the Southern Ocean and Antarctic continent.

About the Scientific Work – The Intersection of Science, Policy and Education

The types of scientific research that will take place on this expedition are diverse and include:

Live Plankton Photomicroscopy allows immediate identification of known planktonic species, as well as documentation of novel species of microscopic freely swimming plants and animals or “zooplankton and phytoplankton” which have not been systematically studied in shallow Polar coastal environments. Thus, the POLEs Flag Expedition is an historic and pioneering effort made even more valuable by the inclusion of a longitudinal element over 4 distinct phases in which biodiversity data will be gathered over the course of a multiple-year time series. This work will be directed by University of Hawaii research professor and Explorers Club National Fellow, Dr. Petra Lenz, with assistance from Dr. Angel Yanagihara.

Community DNA allows the identification of organisms comprising a community at a specific time and location. Samples will be collected, preserved, and analyzed using conventional PCR and other molecular biological approaches such as metabarcoding, meatranscriptomics, and single cell RNA sequence analysis under the direction of Dr. Lenz. Additionally, Environmental DNA (eDNA) samples will be prepared using NOAA protocols and banked for future analysis.

Physical Oceanography is the field of study that deals with mechanisms of energy transfer through the sea and across its boundaries, and with the physical interactions of the sea with its surroundings, especially including the influence of the seas on the climate of the atmosphere. The Expedition will assess the complex physical interplay between wind, waves, water density, and pressure by using special sensors to collect water samples from various locations along the Antarctic Peninsula. Glacial run off nascent coastal zone sea temperature, salinity, and geochemistry will also be assessed in GIS mapping surveys to correlate with the biodiversity effort and eDNA collections. The team’s efforts will be supervised by Evan Kovacs, Explorers Club National Fellow, inventor, and former researcher from Woods Hole Oceanographic Institution.

Underwater Photogrammetry involves SCUBA divers using square meter frames to photograph existing features for later analysis at multiple, geolocated positions.

The outcomes of this work will allow scientists to gain a better understanding of existing conditions, comparison to previous studies, and establish a data set that will form a baseline for comparisons in subsequent Expeditions. The eDNA collection will be replicated in subsequent years in the Arctic and Antarctica to track changes. The results of the POLEs Expedition will be shared with students in the Gulf of Maine who are disproportionately affected by Climate Change.

How You Can Help

To realize the full educational potential of this expedition, the Expedition is looking to raise $50,000. The Expedition has established a giving fund through the University of Hawaii Foundation. Your tax-deductible contribution will provide staff time for Expedition planning, sampling equipment, and curriculum development.

Michael Carvalho, who will be leading the Science-Policy efforts will self-fund his travel and vessel costs, but assistance is needed to support the science educational objectives of this Expedition.

For more information, please call Michael Carvalho at (678) 354-0066 or send an email to mpc@carvalholawfirm.com.

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Cayman Islands Government Responds to Stony Coral Tissue Loss Disease (SCTLD) Impacts

By Michael P. Carvalho, Esq. and Christopher J. Miller, B.S., M.S Eng.

November 6, 2023 – Stony Coral Tissue Loss Disease (SCTLD) is a deadly coral disease affecting over twenty-five species of hard coral resulting in rapid tissue mortality and death of entire colonies. The disease was first reported on Florida’s reefs in 2014 and has subsequently spread throughout multiple countries in the Caribbean, to include the Cayman Islands, due to its high transmissivity. SCTLD causes lesions to appear on hard corals following increasing bleaching events associated with dramatic increases in surface water temperatures caused by Climate Change. Infected corals rapidly lose live tissue and entire colonies can be wiped out in weeks to months (Precht et al 2016). The Cayman Islands government is particularly concerned about the spread of SCTLD from Grand Cayman where the disease is now widely established to Cayman Brac and Little Cayman, where SCTLD has not yet gained a foothold.

Cause

The cause and method of SCTLD transmission are currently unknown but are the subject of intense research. Previously, researchers believed that SCTLD is a bacterial pathogen that grows rapidly and is transmitted by direct contact and ocean currents. (Aeby et al, 2019). More recent research suggests that a viral pathogen may be disrupting the coral-zooxanthellae symbiosis, a type of photosynthesis algae living in coral tissues. (Landsberg et al 0202; Work et al 2021). There is no known cure for SCTLD, which has a mortality rate of 60%-100% (Precht et al 2016), although studies are underway to determine whether topically applied antibiotics may be effective.

Affect

SCLTD negatively affects coral density and species diversity, reducing the overall health of coral reefs and resulting in significant degradation to coral reef ecosystems. The loss of coral reefs (already imperiled by rapidly warming ocean surface temperatures and physical damages from intense weather events) affects not only the health of the reef, but also the myriad of economic interests they support. Such interests include tourism, coastal protection, food, and recreation, among others impacts. In the Cayman Islands, tourism is a mainstay of the economy, accounting for approximately 70% of GDP. (Moody’s Analytics, www.economy.com/cayman-islands). With the main sources of income in the Cayman Islands consisting of financial services, tourism and real estate sales and development, the loss of once pristine coral reefs upon which much of the tourist economy is based, would be devastating to the economy.

Response

All hands-on deck. Local governments throughout the Caribbean are collaborating with regional and international partners to continue to study the causes and effects of SCTLD on coral reefs. The Cayman Islands Government Department of the Environment (DoE) is “…actively training volunteers on disease identification and how to use treatment options while expanding our citizen scientist reporting efforts to engage the public in helping us identify diseases coral.” DoE regularly collects samples for epidemiological research and applies topical treatment of Amoxicillin + Base2B on affected corals within defined study areas. (doe.ky/marine/sctld.).

The Cayman Islands government is also engaged in efforts to grow new coral using fragments harvested from healthy reefs and grown on “coral trees” suspended in the water column in nurseries. https://missionblue.org/2017/03/cayman-islands-coral-nursery-conservation-program/

DoE is actively engaging scuba divers and fishers who are being relied upon not only of their ability to identify and report diseased corals, but also to avoid transmission of SCLTD by disinfecting dive gear and bilge water, as pathogens may survive on for extended periods and can transmitted to other locations. Disinfection can be achieved through using a 1% bleach solution, ammonia-based disinfectants, or antibacterial dish soap. DoE requests that divers and snorkelers consider renting local dive gear, avoid visiting healthy sites after visiting diseased sites, disinfecting gear between sites, and disinfecting bilge water between Grand Cayman and the Sister Islands (Little Cayman, and Cayman Brac) at least one-half mile offshore and away from coral reefs.

For further information:

Tammi Warrender is the Lead Coordinator of the SCTLD Response Project.  She can be reached by email: Tammi.Warrender@gov.ky

Report SCLTD and submit photographs: SCTLD Report Caribbean.

Urgent issues should be reported to the SCTLD hotline at +1-345-926-0680.

_________________________________________________________________

Michael P. Carvalho, Esq. is an environmental attorney representing a wide range of clients in environmental and real estate matters nationally and internationally. He is a former environmental consultant and serves as President of Carvalho & Associates, P.C with offices in Boston and Atlanta. He can be reached at mpc@carvalholawfirm.com.

Christopher J. Miller is a former environmental consultant and currently serves as Director of Natural Resources of the Town of Brewster, Massachusetts.

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Join photographer Michael Carvalho for a live Zoom presentation on his travels and photography in Antarctica. The lecture will take place online via Zoom on Saturday, February 20, 2021 at 2:00PM. Registration is required in order to receive the Zoom link. Register on the library calendar.

Michael Carvalho is a National member of The Explorers Club (TEC). Founded in New York City in 1904, The Explorers Club promotes the scientific exploration of land, sea, air, and space by supporting research and education in the physical, natural and biological sciences. The Club’s members have been responsible for an illustrious series of famous firsts: First to the North Pole, first to the South Pole, first to the summit of Mount Everest, first to the deepest point in the ocean, first to the surface of the moon—all accomplished by our members. TEC’s mission is to inspire exploration and the protection of wild places, from our backwoods to our oceans, mountain peaks and distant galaxies – while sustaining a spirit of fellowship among explorers and the scientific community.

Carvalho was elected to become a member of TEC following his successful 2018 Scuba Diving Expedition to Antarctica, and his work as a Delegate to the United Nations Environment Program for North America at the UNEA-4 Summit in Nairobi, Kenya in 2019. “Exploration opens the mind to the wonders of the world, “ said Carvalho. “I am deeply honored to be elected to The Explorers Club and committed to advancing the mission of this remarkable Community.”

Michael Carvalho is president of Carvalho & Associates, P.C. with offices in Boston, MA and Atlanta, GA. He specializes in environmental law, including litigation, regulatory and transactional matters. He can be reached at (678) 354-0066 or mpc@carvalholawfirm.com.

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The Royal Geographical Society is the United Kingdom’s most learned society and professional body for geography, supporting geographers in the UK and across the world.   Fellows in the Royal Geographical Society are selected based upon sufficient involvement in geography or allied subjects through training, professional work, research, publication or other work of a similar nature.  “I am honored and deeply appreciate the opportunity to serve as a Fellow to the Royal Geographical Society as we plan future expeditions to document environmental impacts associated with Global Warming and Climate Change,” said Carvalho.

Michael Carvalho is the president of Carvalho & Associates, P.C., a law firm specializing in environmental law and related matters with offices in Boston, MA and Atlanta, GA.  He can be reached at (678) 354-0066 or mpc@carvalholawfirm.com.

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By Michael P. Carvalho, Esq., Managing Partner, Carvalho & Associates, P.C.

Most real estate professionals understand the practical value of completing pre-acquisition environmental due diligence in connection with the acquisition of real property. Assessing the environmental condition of properties prior to purchase or lease is now commonplace in the industry. The ASTM E-1527 Standard Practice for Environmental Site Assessments: Phase I Site Assessment Process (“ASTM Phase I”) has long been the “bible” for conducting such pre-acquisition inquires into the history, regulatory agency involvement and existing conditions at a site to assess the potential for Recognized Environmental Conditions (“RECs”). However, the legal significance of properly completing such studies is often overlooked. That is, until an Indiana federal judge in the matter of Von Duprin LLC v. Moran Electric Services (S.D. Ind., March 30, 2020). The court in Von Duprin held that the defendants were not bona fide prospective purchasers within the meaning of the statute because they failed to complete their Phase I ESAs within the 180 days of acquisition mandated by the ASTM Standard Practice.

A CERCLA Legal Primer
Superfund is one tough statute! The federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 was passed by Congress to create a means to address the responsibility for the cleanup of the nation’s worst environmental contamination sites. Pursuant CERCLA, liability is strict, joint, several and retroactive. Potentially responsible parties (PRPs) include owners, operators, transporters and/or generators of hazardous substances that come to be located at facilities. Congress include a subsequent, limited defense to liability known as the “innocent purchaser” defense where an innocent landowner, contiguous property owner or bona fide prospective purchaser can limit CERCLA’s onerous liability scheme by conducting “all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial and customary practice at the time of acquisition. Under the ASTM Standard, a person may qualify for bona fide prospective purchaser status if they complete “all appropriate inquiries” on or before the purchase date. Significantly, knowledge of contamination resulting from all appropriate inquires would not necessarily preclude CERLCA liability.

ASTM’s Continued Viability Requirement: The 180-Day Rule
Because Phase I ESAs are best thought of as a “Snapshot in Time” of a property’s environmental condition, ASTM quickly recognized that they needed to come with a shelf life. ASTM Sec. 4.6 provides that interviews with owners, operators and occupants, searches for recorded environmental cleanup liens, review of federal, triable, state and local government records, visual inspections of the property and adjoining properties, and declaration by an Environmental Professional responsible for the assessment or update must be completed within 180 days of the date of purchase or the date of the intended transaction.

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Carvalho & Associates will be a sponsor at the following events: The 7th Annual Run/Walk for the Beach 5K taking place on Sunday, June 12, 2016 at 10:00AM; and The 11th Annual Swim & Fin, open water race in Salem Harbor on Sunday, August 21, 2016 at Forest River park, Salem.

For more information about these great events please visit www.salemsound.org

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“These changes will better protect people’s health and benefit the environment in communities across the country by improving prevention and detection of underground storage tank releases,” said Mathy Stanislaus, assistant administrator of EPA’s Office of Solid Waste and Emergency Response. “Extensive and meaningful collaboration with our underground storage tank partners and stakeholders was vital to the development of the new regulations. The revised requirements will also help ensure consistency in implementing the tanks program among states and on tribal lands.”

Secondary containment and operator training requirements of the Energy Policy Act of 2005 will apply to USTs on tribal lands. In addition, these requirements improve EPA’s original 1988 UST regulation by closing regulatory gaps, adding new technologies, and focusing on properly operating and maintaining existing UST systems.

Underground storage tanks are located at hundreds of thousands of facilities across America. Both marketers and non-retail facilities own USTs. Marketers include retail facilities such as gas stations and convenience stores that sell petroleum products. Non-retail facilities include those that do not sell petroleum products, but may rely on their own supply of gasoline or diesel for taxis, buses, limousines, trucks, vans, boats, heavy equipment, or a wide range of other vehicles.

The revised requirements include:

• adding secondary containment requirements for new and replaced tanks and piping;
• adding operator training requirements;
• adding periodic operation and maintenance requirements for UST systems;
• removing past deferrals for emergency generator tanks, airport hydrant systems, and field-constructed tanks;
• adding new release prevention and detection technologies;
• updating codes of practice; and
• updating state program approval requirements to incorporate these new changes.

States and territories primarily implement the UST program. Many states already have some of these new requirements in place. For others, these changes will set standards that are more protective.

In developing the final UST regulation, EPA reached out extensively to affected and interested UST stakeholders. EPA carefully considered the environmental benefits of the UST requirements, while balancing those with the potential future costs of compliance for UST owners and operators. For example, EPA is not requiring owners and operators to replace existing equipment, but rather is focusing on better operation and maintenance of that equipment.

The docket for the UST regulation is EPA-HQ-UST-2011-0301 and can be accessed at www.regulations.gov when the final regulation is published.

More information is available at EPA’s UST regulation website at: UST regulation

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WASHINGTON, DC – On June 1, 2015, Michael Carvalho presented the 13th Annual Ronald M. Carvalho Environmental Policy Award & Scholarship for outstanding EnvironMentors Project. The recipient of this years award is Xui Chen for her project entitled, “The Effects of Copper on the Fecundity of Caenorhabditis elegans”. Ms. Chen attends The School Without Walls in Washington, DC. and represents the Washington, DC Chapter of EnvironMentors.

For more information about the EnvironMentors program, please visit www.ncseonline.org

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Solar Power Southeast
Southface is a proud partner of Solar Power Southeast, a one-and-a half day regionally-focused event that will address forward-looking and in-depth discussions on policy, regulatory and technical topics facing the industry in the Southeastern United States, with a particular focus on Georgia, Florida and the Carolinas. The event will be held on May 7-8 in Atlanta.

To register for this event, please go to: Solar Power Events and enter discount code SPSE15SF to receive a 15 percent discount. Registration prices increase this Friday, April 3, so register today!

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