2017 Morrison & Foerster Pro Bono Report

REBUILDING OYSTER REEFS, SHELL BY SHELL Restaurant owners and student-scientists join forces to restore New York Harbor by replenishing it with oysters — the sea’s natural sanitation engineers. The Billion Oyster Project (BOP) is an ambitious effort to restore New York Harbor by bringing oysters and their reef habitat back to the waters. The nonprofit project, an initiative of the New York Harbor Foundation (NYHF), has already engaged thousands of New Yorkers — from restaurant owners to school children — in the restoration work. Oyster reefs once covered more than 220,000 acres of the Hudson River estuary. Critical to maintaining healthy water environments, oysters filter water so more sunlight can penetrate into the harbor. One adult oyster filters 40 to 50 gallons of water per day. Their reefs provide a habitat for other marine species and help dissipate wave energy. Today, oysters are functionally extinct in the harbor due to overharvesting, dredging, and pollution. NYHF aims to restore one billion oysters to the harbor by 2030. It is doing so with pro bono assistance from MoFo, including partner Bradley Wine and associate Susan Borschel from the Government Contracts & Public Procurement Group, and Lawrence Ceriello, a partner in the Real Estate Group. 19.5 MILLION NEW OYSTERS… AND COUNTING A key initiative is to collect shucked oyster shells from restaurants in the area and recycle them to “seed” new reefs. Shells are sent to the NRG Arthur Kill power plant in Staten Island, where they cure for a year before being reintroduced into the harbor. BOP uses these cured oyster shells to grow new oysters — up to 20 per saved shell — and improve the quality of water. More than 50 restaurants currently recycle their shells, and the results have been spectacular. Since 2014, more than 300,000 pounds of shells have been recycled, 19.5 million oysters grown, and 1.05 acres of reef restored. Sue, working closely with New York Harbor Foundation staff, has been helping to secure and structure state and city funding to support oyster replenishment in the breakwaters and bays. As one of the largest government contract practices in the United States, MoFo has the experience necessary to help NYHF. “It’s not the same as a standard commercial project,” Sue says. “There are many layers of requirements for direct contractors and sub-contractors — everything from ethics and intellectual property, to record keeping and equal employment regulations.” The state has been so pleased with the contract work done by MoFo that it has authorized NYHF to act as a prime contractor going forward and negotiate its own arrangements with subcontractors. Student engagement is a big part of the BOP initiative. Students at New York Harbor School have been restoring oysters in the harbor for years. The young people learn to scuba dive, raise oyster larvae, operate and maintain vessels, build and operate commercial-scaled oyster nurseries, design underwater monitoring equipment, and conduct research projects. Fifty-four schools partner with the project, and thousands of students participate in these learning opportunities each year. Larry negotiates licenses that allow student volunteers to go on private property bordering the harbor to drop oyster cages. “Waterfront property owners are getting involved as well, allowing students to come back and monitor the progress of the baby oysters,” he says. “New York City has such a rich maritime history, and we need to protect our coastline. Hurricane Sandy taught us that,” says Larry. “The Billion Oyster Project is restoring the ecosystem that forms a natural line of defense for the harbor, while introducing city kids to marine ecology and environmental stewardship.” THE BILLION OYSTER PROJECT IS RESTORING THE ECOSYSTEM THAT FORMS A NATURAL LINE OF DEFENSE FOR THE HARBOR, WHILE INTRODUCING CITY KIDS TO MARINE ECOLOGY AND ENVIRONMENTAL STEWARDSHIP. LARRY CERIELLO 34 | Morrison & Foerster Pro Bono Report

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