Thursday, February 8, 2018

A sustainable Garden of Eden?

                                                                                 

In the Literature
                                   
Conservation vs. Exploitation
Is Napa Valley a Sustainable Garden of Eden?
By Ridgway Hall for THE ENVIRONMENTAL FORUM
Copyright © 2018, Environmental Law Institute®, Washington, D.C. www.eli.org. Reprinted by permission from The Environmental Forum®, March/April 2018
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    Napa! What does that name conjure up? Delicious wines? A bucolic “paradise valley” with thousands of green acres stretching from the Napa River to the Mayacamas Mountains to the west and Howell Mountain to the east? Farmland undergoing rapid development? It is all of these, but the reality is more complicated. It is a microcosm of the struggle going on across America between profit-driven development and resource conservation.
     Napa at Last Light: America’s Eden in an Age of Calamity is the recently published third volume of a trilogy on this subject by James Conaway. The first in the series, Napa: the Story of an American Eden (1990), a New York Times best seller, describes this place where climate, soil, and weather conditions are extraordinarily well-suited to the growing of grapes from which excellent wines can be produced. In the late 19th century a few adventurers, including immigrants from Europe who brought with them knowledge on how to grow grapes, matching grapes to climate, and the making of wine, came to the Napa Valley. They produced wine profitably, built large mansions on the hillsides, and then the combination of a grape disease and Prohibition shut them down.
    In the 1960s, people eager to leave city life for a living in a beautiful setting “rediscovered” Napa and revived the wine industry. By 1976 the wineries that sprung up in Napa Valley were producing wine of such excellence that two Napa vintages, a cabernet sauvignon and a chardonnay, won a blind tasting in Paris against some of the very best French wines. As the number of wineries expanded rapidly, other businesses began to arrive, bringing construction equipment and traffic. In 1968 the county wisely declared agriculture to be the “highest and best use” of the land and created in the Napa Valley the first “agricultural preserve” in the country. “Agriculture” included “the raising of crops, trees, and livestock, [and] the production and processing of agricultural products.” A house or farm building required at least 40 acres.

    Napa at Last Light begins with a recap of this history, and then brings the saga up to 2017. (Disclosure: I read and provided comments on an early draft of the book). Conaway has spent over 30 years traveling up and down the approximately 25 mile Napa Valley and the surrounding communities, getting to know the people, their desires, values, and personalities. As a result, reading his books is not just a story of the evolution of a community. It is also getting to know the grape growers, the wine-makers, and their families, many of the original owners, the preservationists, the concerned citizens, the new-comers looking to make big money fast, and the local officials. You encounter the organizations that spring up on all sides, and their interactions. After reading about the fist fight between Robert and Peter Mondavi to decide the ownership of the family business, you may never look at a bottle of Mondavi quite the same.
    There are now over 400 wineries in Napa Valley, and efforts continue to increase production and profits. Some winery owners tried to increase their production by bringing in grapes from outside the valley. This increased short-term profits, but eventually debased the value of the winery name when the public found out that their bottle of “Napa Valley” wine was made from mostly non-Napa grapes, and didn’t taste quite as good. To curtail this practice the county passed an ordinance in 1990 defining “Napa Valley” wine as being produced from at least 75 percent Napa Valley grapes.
    Also in 1990, with strong backing of citizens groups and environmentalists, Napa adopted an amendment to its general plan, known as Measure J, which stated that any change in land use provisions, whether by ordinance or permit, must first be subject to a popular referendum. This was challenged by winery owners and developers, but was upheld by the Cali- fornia Supreme Court in 1994. It has been invoked to challenge exceptions to land use laws with mixed success.
    Conaway’s second book in the trilogy, The Far Side of Eden: New Money, Old Land and the Battle for Napa Valley (2003), describes the extraordinary wealth generated by Napa’s wines, and the arrival of absentee corporate owners and real estate developers whose main interest was making money. This led to planting vineyards on steep slopes, and the associated cutting of enormous numbers of trees, which in turn led to erosion and pollution of the Napa River, which runs from north to south through the valley. The river was home to salmon and steelhead before the deteriorating water quality drove them out. This development also began to take its toll on the appearance of the valley and the hillsides, including new structures, heavy traffic, dust, bulldozers, and other earth-moving equipment.
    Many vineyard owners and winemakers have long felt they should be able to do whatever they want with their property. They began to chafe against the strictures of the “agricultural preserve” and the definition of “agriculture.” Using their wealth and influence they have been able to persuade local officials to overlook violations and to allow planting on more acres than authorized, illegal tree-cutting and construction in the wrong places. The threat which climate change poses to future grape-growing has been ignored. Some owners expanded what once was known as a “tasting” to include food service tantamount to running a restaurant. Promoted as the “full wine experience,” the events are high priced. Receptions and the like are being held, and the sale of T-shirts, bar equipment, and paraphernalia unrelated to wine has sprung up.

    By 2008 the owners were promoting an expansion of the definition of “agriculture” quoted above to include: “and related marketing, sales and other accessory uses.” This would legalize the excesses described above, and more. They argued that the greater business and profits that could be generated from these activities would benefit everyone. There was widespread opposition among the other residents. Many feared further destruction of the natural beauty of the valley, increased traffic and noise, and further pollution of the Napa River, which was already listed by EPA as impaired under the Clean Water Act. However, this change had support among the planning department and the board of supervisors, and was approved as a “minor” clarification with minimal public notice.
    While the owners reaped extraordinary profits, the farm workers and many other residents were barely getting by — some living in trailer parks not visible to most tourists. They resented the arrogance of the owners and developers, who seemed oblivious to the fact that their drive to expand operations and convert wineries into tourist attractions was destroying the qualities of the valley which brought people — including many of the owners — there in the first place.
    To put the land use conflict into human terms, Conaway discusses several examples of profit-motivated outsiders who came to the Napa Valley with the aim of creating opulent wineries with no regard for the impact which development would have on the environment. One grew up in San Matteo, made a fortune during the tech boom, and bought 40 acres on a mountain adjacent to a 3,000-acre wildlife preserve and a state park, where he wanted to plant a vineyard. This would involve clear-cutting many large trees, removing boulders, and re-contouring the land in an area that was ill-suited to development. Outraged citizens organized a strong effort to block it, and that battle continues.
    Another example was a Texas real estate developer and part owner of the Dallas Cowboys who wanted to clear cut 500 acres, including an estimated 30,000 mature oak trees, ostensibly for a vineyard. His massive infra- structure plans strongly suggested an intention to build a large number of “ranchettes.” He had done a similar development in neighboring Sonoma County. Surveys indicated that the land disturbance would cause significant erosion, damaging Napa’s drinking water supply, adversely affecting fish populations, and destabilizing downhill soil. The public, fed up with deforestation and environmental destruction, rallied to oppose this. But the developer began a campaign of misinformation and bullying, and the county supervisors allowed the project to proceed. Lawsuits were immediately filed.
    Conservation-minded citizens then drafted a proposed water and woodland protection initiative, and quickly gathered more than twice the number of signatures needed to get on the ballot for the 2016 election. The board of supervisors initially approved it to go on the ballot. Then they rejected it on the technicality, rarely invoked, that it failed to attach copies of regulations that might be affected. The citizens were left to start the process over again for the 2018 ballot, amid protests of “voter suppression.”
    Near the end of the book Conaway observes: “‘Eden’ is a figurative stretch for what the valley once represented, but all vestiges of that early in- nocence are lost. The remnant fig leaf kept in place by the wine and hospitality industries grows more tattered every year, revealing more schemes to transform a way of life into a market- able experience as or more valuable than the thing itself.”
    Napa at Last Light is a very engaging read and carries some important messages. The struggle going on in the Napa Valley is similar to struggles between developers and conservationists all across the country. At a time when our national leaders are calling for less regulation and making it more difficult to protect our environment, this book could not be more timely.

Ridgway Hall is vice chair of the Chesapeake Legal Alliance. Email: ridgehall@ gmail.com.
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       To order Napa at Last Light go to: 

1 comment:

  1. Can’t wait to pick up a copy. Thank you Mr. Conaway for speaking for us. We are unendingly greatfulul your time, research, friendship and ultimate truths.

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