It wasn’t the usual “tree meeting” in Mayor Konnie Lukes’ office last week. Normally those assembled to discuss Worcester’s diminishing urban forest of street trees follow a repetitive script bemoaning the loss of trees, the hopes to secure a grant from Mass ReLeaf or donations from local corporations, and the need for the group to work with neighbors and businesses to adopt and care for the few seedlings that are eventually acquired.

Never one to follow a script, Mayor Lukes had something else in store for the local Green glitterati. Jan Schlichtmann, Esq. and Gas Safety, Inc. (GSI).

While most assembled were confused to find out the mornings guest speaker was a Boston way lawyer, Peggy Middaugh from the Regional Environmental Council was more seriously perplexed. Middaugh recognized the name, which others in the room hadn’t. “Schlichtmann, the Attorney from the Woburn case?. She correctly identifying and referring to the early 1980’s drinking water contamination case which pitted eight Woburn families against W. R. Grace and Beatrice Co., with Jan Schlichtmann out in front.

Cueing up a Google Earth video, and PowerPoint presentation, Schlichtmann began to explain his presence, and quite clearly make his case. He began by explaining that the natural gas infrastructure that lies beneath our Worcester streets, across our state and throughout the country is a very old cast iron system. It’s brittle, attacked by years of frost here in the northeast. Originally these pipes first carried gas derived from coal which Schlichtmann described as a “wet gas”. Today’s natural gas by comparison is “dry” leading to cracked pipe seals and a very leaky system. Schlichtmann believes the combination of the antiquated delivery system and increasingly leaky pipes are a cause of the yearly losses of street trees cities like Worcester are facing.

The presentation continued by explaining that NSTAR Gas has a classification for leaks. Grade 1 leaks present an emergency situation which necessitates immediate attention. Grade 2 leaks are those that closer inspection classifies as likely to become Grade 1 leaks. And then there are the Grade 3 leaks, like those mentioned above, which are seen as minor leaks from dry seals and pinholes. These get recorded for future repair, and it is these “non-dangerous” leaks that are the protagonists in this newly announced script. Because of the age of Worcester’s system, Schlichtmann believes “Worcester is on the leakier end of the spectrum.”

Schlichtmann makes clear he’s not on an individual quest. He first points to a 1922 Massachusetts case in Salem, where damages were paid to the city because of gas damages to shade trees. He makes clear that this is a team effort, one which has him working with other partners, arborists and Bob Ackley, the owner of Gas Safety, Inc. which is the research arm of this endeavor.

Based on a lifetime of working on the natural gas delivery system, and initial testing his company has done in Boston, Ackley estimates there may be as many as 30,000 Grade 3 leaks across the state. Asked later what he expects to find along Worcester’s 400 miles of streets, Ackley estimates 150-300 trees who’s growth or lifespan has been affected by natural gas leaks.

Quickly those assembled began to rattle-off a whole list of why trees are dying; road salt, the urban environment, disease and others. There was a lot of skepticism about the validity of this new announcement, and doubt about the likelihood of being able to prove it to NSTAR or ultimately the courts.

.Schlichtmann cranked up the projector and began the presentation to the Worcester jury. The screen lit-up with a birds-eye view of Brookline. Russell Street, Clinton Street, Reservoir Street, each had markers where Gas Safety, Inc. had documented trees where natural gas leaks had contaminated their soil. Street after street, tree after tree, Gas Safety, Inc. pointed to soil 10%, 20%, 30%, even 50% contaminated by natural gas. The photos showed trees that were failing and trees that were lost.

The presentation, which had only recently been shown to officials in Brookline and Marshfield ended, allowing the chorus of skepticism to resume. City Forester, Brian Breveleri lead with his list of concerns. “I don’t want to start going around scaring people in Worcester”, he said, “I’m not sure we really want to open up this whole can of worms.” He emphasized that his strong response was much more of a prudent reaction than emotional negativity. He insisted that he’s passionate about our urban forest, but he also needs to be a number’s guy, and while there may be some truth to the natural gas theory, being able to prove it is a whole different matter.

Schlichtmann took on the skepticism head on, using his experience in the Woburn case as the framework. Motioning widely, “If this were to be the spectrum, I’d have the difficulty of proving a few molecules in the drinking water were the cause of a child’s cancer on this end, which is what we proved in Woburn. I believe it will be far easier to prove, that natural gas in the soil which we can easily test for, was a contributing factor to a trees decline.” And that’s the crux of the pitch, can this effort convince NSTAR on behalf of municipalities across the state that there’s enough evidence to prove that natural gas leaks have been a “substantially contributing factor” in the death of these communities’ street trees? Will NSTAR be willing to accept the estimate for the appraised value of each affected tree? Will NSTAR be willing to sit down at a negotiating table that could bring tens of thousands of dollars into Worcester?

The presentation was a full pitch to Worcester to join this effort. The proposal is for GSI and Schlichtmann to take on full responsibility and all costs for testing and negotiating with those responsible. They are asking municipalities to join the “Massachusetts Public Shade Tree Trust” which is being created. They will compile all data, aggregate claims, engage and negotiate with those responsible, with Worcester and other cities being those to reap the benefits.

Specifically, here’s what Jan Schlichtmann,
Bob Ackley and Gas Safety, Inc. are proposing,
as taken directly from their proposal.

A. SERVICES:

1. GSI will survey all public property for the existence of suspected gas leaks that have damaged or threaten to damage the Town’s Public Shade Trees;

2. GSI will provide a report documenting the damage caused the Town’s Public Shade Trees. The report will contain:

a. Evaluation by a certified tree and landscape appraiser and arborist who will give an assessment of damage which will include: appraised value of loss, replacement cost, and other associated costs for each damaged tree; and,

b. Evaluation based on best records available concerning the value of the past loss of trees due to gas leakage.

3. GSI will provide the legal and professional services necessary to obtain from the responsible parties repair of the leaks and payment of appropriate compensation for damage; and,

4. GSI will provide appropriate training to the personnel responsible to ensure tree health to recognize and document suspected tree damage due to gas leakage.

Gas Safety, Inc. is ready to move forward. They were recently in Worcester to demonstrate the field equipment and estimate Worcester’s 400 miles of streets could be surveyed for leaks with two trucks over one month.

In order to move forward, City Manager O’Brien and the City Council will need to sign-on. Communities that are interested in moving forward are being asked to join and become a beneficiary of the proposed “Massachusetts Public Shade Tree Trust”. It is through this trust that any monies received from NSTAR and other gas companies will be aggregated and disbursed. In addition, municipalities are being asked to agree to drop additional claims against the gas companies and to contract with GSI a contingency based fee based on 40% of any monies recovered from the responsible parties.

GSI makes it clear; they’re the ones assuming all the expenses of testing and future negotiation with NSTAR. They don’t feel there is any liability to cities joining this effort, and in fact argue that the worse case scenario for Worcester would be to have a survey of all the City’s streets completed, with NSTAR initiating all needed repair work, coupled with a re-invigorated community discussion on the threats and status of our shade trees.

At this time it’s unclear if the City Manager is going to recommend to the Council to pursue this initiative. Mayor Lukes has decided that asking the law department to review the trust documents is an important step in continuing this discussion.