The Conservation Law

Foundation (CLF) plans to sue National Grid for past and continuing violations of both federal and state laws related to leaks in its pipeline infrastructure.

In a notice of intent to sue sent to National Grid in August, CLF alleges that the gas leaks have created conditions that damage and kill public shade trees and pose a serious threat to the public.

Margaret Pokorny, a board member of Friends of the Public Garden (FOPG), a non-profit organization dedicated to caring and advocating for Boston Common, Public Garden and Commonwealth Avenue Mall, hopes that the lawsuit will light a fire under National Grid to fix gas leaks that have for a long time impacted the urban canopy.

Commissioning the services of Gas Safety, a company who works to uncover gas leaks, they found 20 leaks compromising 66 trees along both lanes of Commonwealth Avenue around 13 years ago.

Those leaks were reported, and the FOPG attempted to work with National Grid to have some of the trees replaced. Pokorny said that little was done to repair the leaks. She said they continue to see dead and dying trees today because of the leaks.

The FOPG keeps track of some 750 trees on the Mall, monitoring the condition of and practicing special caretaking measures of trees impacted by these leaks.

“We watch them, but unless this lawsuit works, we don’t really have any recompense. We can say to National Grid ‘we think these trees are dying’, but they’re not obligated in any strong way to make any changes or to fix the leaks, including removal fees, replacing a tree costs around $3,500”, Pokorny said.

While the priority of CFL’s incoming suit, to be filed in November, is to ensure that National grid deals with and maintains the most dangerous leaks, their larger effort is to force the company to transition from natural gas altogether, says Heather Govern, vice president of CLF’s clean air and water program.

“What we’re looking for is National Grid to transition from natural gas and become a utility that provides heating and cooling via more sustainable energy sources. Say like, heat pumps, both ground source heat pumps or air source heat pumps, which are just so much safer and better for the environment,” said Govern.

CLF investigators found over 200 public shade trees either dead or dying from methane poisoning, in addition to 15 gas leaks considered “explosive level”.

In the notice, CLF outlines over 1,400 instances of National Grid failing to repair gas leaks in a timely manner and 600 leaks were leaking at the time the letter was sent. It also references multiple instances of leaks posing a danger to the public, such as deadly gas-related fires and manhole cover explosions.

“National Grid has been dealing with a crumbling infrastructure system for decades. I believe they thought that putting band aids on these leaking gas pipelines was their best solution, maybe even 60, 50 years ago,” said Govern. “There was not such a push from the public or the government back then to find a better, cleaner renewable energy to bring to customers.”

Newer trees are particularly susceptible to the gas, according to Claire Corcoran, who works in urban forestry consulting and is involved in both FOPG and Mothers out Front, one of the plaintiffs in the suit.

“What this looks like in the community, is, certain locations in my neighborhood the city has replaced the tree there about every 2-3 years, and the trees never really get established. They die.”

In a statement to The Boston Guardian, National Grid spokesperson Bob Kievra said that their proactive maintenance and safety programs exceed state and federal requirements, illustrating the company’s dedication to serving and protecting their customers, employees and the environment.

“National Grid shares CLF’s commitment to health and safety,” said Kievra.