July 8, 2002

  In this Edition:
  Issue Spotlight: Citizen Suits
  Headliner: California Legislators Pass Historic Bill to Limit Climate-Changing Auto Emissions
  Watchdog: Farm Bureau Seeks To Undermine State & Federal ESA Laws
  News Important to the States:
  Protecting Wildlife
  *Nebraska Governor Signs Reptile and Amphibian Trade Ban
  *New Study Shows Wildlife Stressed by ORVs
  Safe Air & Water
  *Kentucky's Straight-Pipe Sewage Problem Putting Swimmers at Risk
  *At Least 25,000 Underground Fuel Tanks have Leaked in Florida
  Land & Water Use
  *Iowa Supreme Court Says Cities Can't Charge Developers "Impact Fees"
  *Arizona Judge Refuses to Dismiss Stream Flow Law Suit
  Clean Energy
  *New York Bill Extends and Expands Clean-Car Tax Credits
  Recycling & Waste Disposal
  *Hawaii Becomes 11th Bottle Bill State
  *NYC Suspends Glass and Plastics Recycling
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Issue Spotlight: Citizen Suits
Over the last several decades, environmental advocates and progressive leaders have expended enormous effort attempting to pass laws that protect air, water, land and species. But even the best written laws will not be effective unless they are actually implemented on the ground. At the federal level, most modern environmental statutes include enforcement mechanisms that allow for the active involvement of the public. The most common of these are provisions authorizing citizen suits and public comments on proposed agency actions. The rationale for this public involvement is simply that federal governmental agencies sometimes do not enforce or even obey the laws they are charged to uphold. Now the conservation community is realizing that to adequately protect our environment we must also pay greater attention to governmental activity at the state and local levels. Without the opportunity for citizen enforcement at the state level, environmental protection will continue to suffer. Although we will remind the government to honor its commitment to serve as the trustee for all of our environmental values, in the end, only the public can ensure protection of the public’s interests. To learn how the people of
  your state can be empowered with citizen suits, click here. 
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Headliner: California Legislators Pass Historic Bill to Limit Climate-Changing Auto Emissions
By a one vote margin, the California Assembly voted last week to require automakers selling vehicles in California to limit tailpipe emissions of carbon dioxide and other global warming pollutants. If Governor Gray Davis signs the bill, California will become the first state in the nation to regulate greenhouse gas emissions from automobiles and light trucks.  The California Climate Bill (AB 1493) empowers the California Air Resources Board to set standards for California's passenger vehicles, including cars, light duty trucks and other noncommercial vehicles, to "achieve the maximum feasible reduction of greenhouse gases" by January 1, 2005. "Automakers have
  been fighting rules requiring cleaner, safer cars for 40 years. But when the time comes to deliver the technology, they've succeeded every time," said Ann Notthoff, California Advocacy Director for the Natural Resources Defense Council (NRDC), a sponsor of the bill. "AB 1493 sends a clear message to Detroit that that it's time to step up to the plate." 
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Watchdog: Farm Bureau Seeks To Undermine State & Federal ESA Laws
As part of its 2002 initiative the American Farm Bureau is backing legislation that will immunize farmers from state and federal endangered species protection laws. The Farm Bureau’s endangered species policy also calls for  revising definitions to reduce the variety and number of species that are protected under current legislation and repealing habitat protection currently provided.  To learn more about this and other efforts to undermine our environmental laws, visit SERC's Watchdog page.
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News Important to the States:

Protecting Wildlife
Nebraska Governor Signs Reptile and Amphibian Trade Ban
Last week Governor Mike Johanns signed into law new rules by the state Game and Parks Commission that ban the commercial exploitation of Nebraska's 62 species of reptiles and amphibians. The new regulations outlaw the capture and sale of tens of thousands of ornate box turtles, ringneck snakes, northern prairie lizards and other creatures. It also ends a profitable business for a small number of  dealers who sold the animals online to pet stores and out-of-state dealers. Supporters say that many species of turtles, snakes and lizards can't reproduce quickly enough to withstand the pressure applied by commercial collectors and dealers.  

New Study Shows Wildlife Stressed by ORVs
A recent study by Montana State University researchers has shown that wolves and elk populations in several national parks are adversely effected by snowmobile disturbance. The study, published in the June issue of  Conservation Biology and reported by the Billings Gazette on June 1, found that "physiological stress responses" increase as intensity of snowmobile use causes animals to move and burn critical winter energy reserves. The major conclusion of the research is that "snowmobiling in Yellowstone and other national parks can stress elk
  and wolves so much it might effect their reproductive and immune systems." These conclusions are significant in light of a recent decision by the Park Service to back away from strict limitations on motorized use in winter and permit continued snowmobile access into elk and wolf habitat within Yellowstone and Grand Teton National Parks. For related information about what your state can do to curtail irresponsible ORV use, click here.  

Safe Air & Water
Kentucky's Straight-Pipe Sewage Problem Putting Swimmers at Risk
AP reported last week that many Kentucky creeks and rivers are polluted with unsafe levels of fecal coliform bacteria that could make swimmers sick. The biggest push in cleaning up creeks and rivers has been in Eastern Kentucky, where straight pipes and failing septic tanks are most common.  The effort is being coordinated by Personal Responsibility in a Desirable Environment, or PRIDE.  The organization was started five years ago by U.S. Rep. Hal Rogers and Natural Resources Secretary James Bickford. PRIDE has found 36,000 straight pipes and bad septic tanks in a 40-county area. More than 3,500 have been eliminated through grants to homeowners and planned projects will eventually take care of another 17,000. 

At Least 25,000 Underground Fuel Tanks have Leaked in Florida
The 7/8 St. Petersburg Times reported that buried gas storage tanks have leaked hazardous material into at least 25,000 sites around Florida, causing concern among DEP scientists that the state's absorbent, sandy soil may be in danger. About 22,000 of the leak sites have been near gas stations and other facilities and many of the leaks are occurring in areas near a drinking-water water source. State officials are trying to clean up more than 3,000 sites and more than 10,000 sites are awaiting cleanup. In addition, Florida has tried to contain leaks by requiring double- walled petroleum-storage systems to replace older tanks by 2010.  "Florida has the most stringent
storage-tank restrictions in the nation," said storage-tank bureau administrator Marshall Mott-Smith. "We have to because we depend on groundwater more than anywhere else." Florida collects up to 80 cents per barrel of petroleum products produced or imported into the state to fund cleanups. The state spent $151-million last year to expedite cleanups, but officials say they need more money to reduce the backlog. 

Land & Water Use
Iowa Supreme Court Says Cities Can't Charge Developers "Impact Fees"
The 7/8 Des Moines Register reported that the Iowa Supreme Court has struck down an impact fee West Des Moines charged to residential developers that paid for development of neighborhood parks around the city. Cities nationwide are increasingly using impact fees as a way to shift the costs of providing the new services from taxpayers to the new development using the services. Iowa law, however, does not give cities the power to charge impact fees, the state Supreme Court ruled. Without such legislation, Iowa cities have a difficult time collecting the money from developers.  Developers in Iowa, unlike those in many other states, typically do not pay for the future impact new residents will have on traffic, police protection or schools. For related information, visit SERC's Traffic Congestion Relief. 

Arizona Judge Refuses to Dismiss Stream Flow Law Suit
The 7/4 Arizona Republic reported a Superior Court judge has refused to dismiss a lawsuit that accuses state officials of mismanaging Arizona's groundwater resources, but he ordered the group that filed the suit to offer more evidence to back up its claims. The state Department of Water Resources had asked Judge Paul Katz of Maricopa County Superior Court to throw out a complaint filed in January by the Arizona Center for Law in the Public Interest. The complaint charged that badly regulated groundwater pumping had depleted Arizona's underground water supplies and damaged rivers, streams and other surface-water sources. Meanwhile, the law center has filed another suit seeking to overturn  the sales of land beneath various rivers and streams, arguing that the state had  failed to protect those waterways. The suit, filed on behalf of Defenders of  Wildlife, asks the court to prevent the State Land Department from allowing most uses of the streams and rivers until a state commission decides which of them are legally protected.

Clean Energy
New York Bill Extends and Expands Clean-Car Tax Credits
Environmental Advocates of New York is supporting A11749, a  bill that would extend for one year a tax credit currently offered for clean vehicles and clean vehicle infrastructure that is set to expire on February 23, 2003. The credit, which is capped at $2,000 per vehicle and currently applies to electric vehicles, would also be extended to apply to hybrid vehicles. Qualified "hybrids" are cars  that are  powered by both an internal combustion engine and a battery. For related information about incentives to promote clean energy, click here. 

Recycling & Waste Disposal
Hawaii Becomes 11th Bottle Bill State
Hawaii Governor Benjamin J. Cayetano signed HB 1256 into law last week, making Hawaii the 11th bottle bill state. According to the Container Recycling Institute (CRI), deposit laws, or "bottle bills," have been proposed in nearly every U.S. state, but no new container deposit law has been enacted since 1986, when California became the 10th state requiring refundable deposits on beverage containers. "The victory in Hawaii will breathe new life into the campaign to conserve resources and make beverage producers responsible for their packaging waste," said Pat Franklin, Executive Director of CRI. "The Hawaii legislature and Governor Cayetano said 'no' to the
arguments and campaign contributions of the politically powerful beverage industry lobby and 'yes' to a system that has a proven record of  success in reducing litter and waste." To learn how to best implement a bottle bill in your state, click here. 

NYC Suspends Glass and Plastics Recycling
The New York City Council last week approved a one year suspension of plastics recycling, and a two year suspension of glass recycling. Mayor Michael Bloomberg had proposed the suspension as a cost-saving measure.
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