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Volume I, Number 1
January 7, 2002
A publication of the State Environmental Resource Center (SERC) bringing you the most important news on state environmental issues from across the country.
 
NEWS FROM THE STATES:
Children's Health:
 
Safe Air and Water:
Clean Energy:
 
 
Saving Wildlands:
Land and Water Use:
Saving Wildlife:
 
 
Resources:
 
 
Protecting Endangered Species at the State Level
 
 
WI: Madison school still closed because of mold
MI: District sued for not closing moldy school
SC: Hog farm legislation to take center stage
NH: Old power plant pollution bill passes House
SD: Lawmakers split on wind energy tax break
VT: Electric car clean power struggle continues
MI: Tribe sues to block South Fox Island land exchange
CA: Legislator conducts sprawl tour for tax-sharing bill
WY: Pull-out threatens 11 state prairie dog plan
ID: Grizzly concerns ignored, mine approved
NJ: Wildlife given new "Special Concern" designation
2001 State Environmental Legislation Wrap-Up
NCEL Releases Celinda Lake Environmental Poll
Protecting Endangered Species at the State Level
Today, our planet is losing species faster than at any other time in all of human history. State endangered species acts can help mitigate this trend in our nation by seeking to assure the survival of the plants and animals unique to each state, from piping plovers in the East to Swainson's hawks in the West. While the federal Endangered Species Act serves the vital role of safeguarding those plants and animals that are imperiled across ranges or on a natural scale, state acts can protect those species within each state's borders, which don't yet need the emergency-room measures of the federal act. If carefully crafted, state endangered species acts can strengthen the web of national protection efforts. A strong state endangered species act can serve as a complement to the federal act, supplementing protection to those species already listed so that recovery can be achieved. A strong state act also can provide real protection to species not listed under the federal act, thereby lessening the need for federal listing. Coordinated state endangered species acts also can increase ecosystem-wide protection efforts. The State Environmental Resource Center's web site has the tools to help introduce and pass legislation to protect endangered species in your state, including a sample bill, talking points, a press release, a fact pack, research, and other background information. To access this information, go to http://www.serconline.org/esa/index.html.
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Children's Health:
Wisconsin: Madison school still closed because of mold (Wisconsin State Journal 1/4)
The Madison School District is considering several possible options about what to do about Chavez Elementary School, a newly built school that has been closed since Nov. 28 because of mold contamination. After failing a December 13 mold test, district officials hope that mold tests currently being conducted will be negative. Officials believe that the mold was caused by improperly installed air ducts, which caused water to condense and collect inside the school's walls.
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Michigan: District sued for not closing moldy school (Detroit News Free Press 1/4)
The father of a 9-year-old schoolgirl is suing the Romeo Community School District, saying his daughter is suffering illnesses because she was recklessly exposed to black mold in her school. The lawsuit filed in Macomb County Circuit Court claims the girl is suffering from asthma, sore throats, headaches, and dizziness due to exposure to black mold. Faculty and staff at Washington Elementary in Washington Township have complained for more than a decade that something in the building was making people ill. In June 2001, a study at the school found the dangerous mold, stachybotrys, in two areas. That led to an expensive cleanup project at Washington and testing in all the district's schools. Washington Elementary's estimated 500 students have been attending school elsewhere while crews clean the building.
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Safe Air and Water:
South Carolina: Hog farm legislation to take center stage (The State 1/6)
Plans to shield South Carolina from hog farm pollution should take up a healthy share of the Legislature's environmental agenda in the 2002 session. The state's chief environmental regulatory board has recommended tighter controls on factory-style hog farms that proponents say would protect the state from air and water contamination. A major new component of the regulations is a requirement that pig farms larger than 3,500 animals be at least 25 miles apart. The rules also increase distances between hog barns and creeks, while also banning open waste lagoons on farms of more than 3,500 pigs. Another environmental fight looms over so-called "takings" legislation, which would make it easier for landowners to receive government compensation if a state or local regulation restricts use of their property.
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Clean Energy:
New Hampshire: Old power plant pollution bill passes House (Foster's Daily Democrat 1/2)
Without debate, the NH House approved a plan Wednesday to cap emissions from three old fossil fuel-burning power plants. New Hampshire would be the first state to legislatively regulate emissions of sulfur dioxide, nitrogen oxide, and carbon dioxide if the bill becomes law. Under the bill, Public Service Company of New Hampshire could clean up the plants or buy credits from utilities that own newer, cleaner plants.
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South Dakota: Lawmakers split on wind energy tax break (Yankton Daily Press 1/4)
Republicans and Democrats are split on a plan for giving tax breaks to encourage construction of power plants that use wind turbines. More than two-thirds of the Democratic lawmakers responding to the survey by the Associated Press said they support the proposal. Only a quarter of the Republican legislators said they support eliminating the contractor's excise tax on construction of power plants such as those using wind power.
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Vermont: Electric Car Clean Power Struggle Continues (Rutland Herald 12/20)
In what both sides characterized as a power struggle between the legislative branch and the executive branch, the automobile industry continues to be the winner as a joint legislative committee continued to oppose Dean administration regulations governing the sale of cleaner cars. There is pressure on Vermont to update its rules to keep them consistent with California, which is relaxing its electric car requirements. In Vermont, officials say that would be requiring auto manufacturers to sell 67 electric cars, instead of almost 300. Environmentalists and Dean say that carmakers' feet must be held to the fire to make them produce and sell better electric cars. The issue will likely be taken up when the Legislature reconvenes in January.
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Saving Wildlands:
Michigan: Tribe sues to block South Fox Island land exchange (Detroit News 1/5)
The Grand Traverse Band of Ottawa and Chippewa Indians has filed a lawsuit aimed at voiding a land swap on South Fox Island between the state and businessman David V. Johnson. The suit contends the Michigan Department of Natural Resources (DNR) violated state law and its own procedures with the deal, which DNR Director K.L. Cool approved Dec. 7.
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Land and Water Use:
California: Legislator Conducts Sprawl Tour for Tax-Sharing Bill (Sacramento Bee 12/19)
California Assemblyman Darrell Steinberg conducted a capital bus tour of vacant stores and empty car lots, highlighting a controversial tax-sharing bill meant to curb urban sprawl. The legislator wants metropolitan Sacramento cities and six area counties to share their growth in sales taxes after 2002. Steinberg's idea, pioneered in Minneapolis-St. Paul during the 1990s, aims to slow such blight and decay that often accompanies fast-growing metro areas. Some cities and commercial streets decline, he said, because other cities lure car lots and stores from them simply for the sales taxes. Steinberg's bill, AB 680, which must pass the Assembly by the end of January to stay alive, is opposed by metropolitan Sacramento's newer cities and rural outlying towns and counties.
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Saving Wildlife:
Wyoming: Pull-Out Threatens 11 State Prairie Dog Plan (Boulder Daily Camera 12/26)
Wyoming politicians have pulled their state out of an 11-member prairie dog working group, triggering fears that federal officials brandishing the Endangered Species Act will step in to protect the rodents across the intermountain West. Environmentalists and agriculturalists from Colorado to South Dakota are keeping a close eye on the move, made earlier this month by Wyoming's fish and wildlife commissioners. Many people worry that the commissioners undermined a two-year, multi-state process designed to keep the federal government from invoking the restrictive Endangered Species Act. The plan would have protected much of the state's current prairie dog habitat, restricted springtime shooting, and would have reduced shooting and poisoning further if prairie dogs were not doing well.
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Idaho: Grizzly Concerns Ignored, Mine Approved (Spokesman-Review 12/27)
After 15 years of debate over the Rock Creek mine, state and federal regulators approved a plan last week to tap huge silver and copper deposits that lie beneath a wilderness area in northwest Montana. The decision follows years of warnings on the impact the 482-acre mine would have on grizzly bears, water quality, and the surrounding wilderness. Opponents immediately vowed to continue the fight, both through administrative appeals and in state District Court. "This is an emergency-room situation in terms of grizzly bears," said Louisa Willcox, project manager for Sierra Club's grizzly bear team, who estimated that only a dozen bears remain in the area. "Most experts who have looked at this proposal say this is a nail in the coffin for this population."
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New Jersey: Wildlife Given New "Special Concern" Designation (Press of Atlantic City 12/11)
Fifty-four animal species in New Jersey were recently named to a new list -- the species of special concern. Unlike threatened and endangered species, species of special concern receive no special legal protection when they are found in wetlands, the coastal zone or the Pinelands area. Rather, the list is aimed at identifying species that need further study, hopefully, before they become endangered, said Jane Morton-Galetto, chairwoman of the Endangered and Non-Game Species Advisory Committee. "The preponderance of information is that something might be wrong," Galetto said. "This is really a proactive category. It's not regulatory, and it may not even be advocacy. It's more like discovery."
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Resources:
2001 State Environmental Legislation Wrap-Up:
Defenders of Wildlife's State Biodiversity Clearinghouse has posted a comprehensive wrap-up of state bills relating to biodversity and wildlife that were passed in 2001. The report is located at http://www.defenders.org/states/2001wrapup.pdf.
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NCEL Releases Celinda Lake Environmental Poll:
The National Caucus of Environmental Legislators has released a poll they conducted between August 15-19, 2001 of 700 Midwestern registered voters. Among the poll's findings of what should be a "high priority" of their state legislator: 83 % said requiring environmental standards that protect children's health, 85 % said tougher standards to protect drinking water, 80 % said requiring older power plants to meet modern air pollution standards, and 71 % said restricting the amount and types of pesticides that are used in public schools. For a complete copy of the poll, go to NCEL's Web site at http://www.ncel.net.
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For more information about SERC, or to use our services, contact our national headquarters at:
State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]