SERC Wildlines Report #33

August 19, 2002

  In this Edition:
  Issue Spotlight: Protecting Endangered Species at the State Level
  Headliner: Environmental Liability -- Another Corporate Scandal?
  Watchdog: ALEC’s Dirty Diesel
  News Important to the States:                _
Responsible Agriculture
*Biotech Companies Found Improperly Testing Engineered Crops in Hawaii
*States Unhappy with Limited Beef-Recall Info
*Group Finds Feedlot Risks Outpace Regulation
Land Use
*Report on Smart Growth Legislation Released
*South Carolina Study Finds Lands in Need of Protection
*Idaho to Administer Mining Cleanup
Clean Energy
*EPA Finds ND Power Plants Violate the Clean Air Act

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 Issue Spotlight: 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 that 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 can also increase ecosystem-wide protection efforts. To access more information, go to http://www.serconline.org/esa/index.htm .

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 Headliner: Environmental Liability -- Another Corporate Scandal?

The 8/18 New York Times reported that environmental liabilities may become yet another issue that could cost corporations and investors — such as state governments — billions of dollars. In light of recent scandals and losses, nervous investors are beginning to explore other potential risks, including possible corporate liabilities associated with global climate change. The article reported that the New York attorney general's Environmental Protection Bureau is studying the issue of climate change and might sue polluters along the lines of the successful tobacco litigation by states in the 1990's. In addition, corporations could also be subject to “fines, penalties, and cleanup costs due to violation of environmental laws, increased costs due to changes in environmental regulation, and greater-than- expected costs due to understated or undisclosed liabilities.” For many corporations, even starting liability assessments is made more difficult because liability is contingent on future regulations. Under these circumstances, states should consider studying the potential environmental liabilities of their investments, and establish regulations designed to protect the environment and investors for the long-term.

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 Watchdog: ALEC’s Dirty Diesel

The American Legislative Exchange Council (ALEC) understands that the reduction of diesel emissions is already part of the environmental agenda. Consequently, they have introduced pre-emptive model legislation to protect industry. Some of the major components of the ALEC "Uniform Diesel Smoke Testing Act" include: ensuring the potential for multiple citations is reduced; exempting farm vehicles; exempting vehicles on classification rather than on actual diesel emissions; prohibiting federal or state funds for testing unless certain bureaucratic hurdles are met using strict procedures -- including test standards designed to ensure that no engine will fail; requiring the only engines tested are those which visibly emit black smoke; and creating a panel to advise on testing made up of members from the truck and bus industries. Look for this model legislation in your state. For other Watchdogs see http://www.serconline.org/watchdogpage.htm

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 News From the States:

 Responsible Agriculture

Biotech Companies Found Improperly Testing Engineered Crops in Hawaii

ENN reported on 8/15 that the U.S. EPA has, for the first time, accused two biotechnology companies of failure to take proper precautions to prevent genetically modified corn from contaminating other crops growing nearby. EPA accused Pioneer Hi-Bred International of planting genetically modified corn too close to other crops and at an unapproved location. The other company, the Mycogen Seeds unit of Dow AgroSciences LLC, is accused of failing to plant trees around its experimental plot to create a windbreak to inhibit the spread of pollen. Each company, who were testing in Hawaii, had agreed to rigorous pollen containment regulations before getting government approval to plant outdoors. Neither company's modified corn has been approved for human consumption. Biotechnology companies developing pesticide-resistant crops must obtain permits from the EPA and the USDA. The USDA approved 1,117 outdoor experiments on 57,000 acres in 2001. Industry and environmental groups estimate that 70 percent of processed foods on U.S. supermarket shelves contain some genetically engineered components. Critics say that genetically engineered crops would harm natural crops through cross-pollinating, and that the health risks to humans are not known well enough. Each company has denied wrongdoing, and faces a maximum fine of $11,000. For examples of proposed genetically modified crop regulations see: http://www.serconline.org/geFood/index.html.

 States Unhappy with Limited Beef-Recall Info

In the 8/14 The Denver Post, it was reported that health officials in Oklahoma and Utah are unhappy that ConAgra won't tell them which distributors in their states received part of nearly 19 million pounds of beef which was recalled due to E. coli contamination. ConAgra had announced that they will release the names of distributors that received its recalled beef only to health officials in states where a related illness has been reported. No cases of E. coli linked to the tainted beef were reported in Oklahoma and Utah, but health officials know that some of the recalled meat was sent to their states. They say ConAgra won't tell them which distributors received the meat, or whether it has been returned to ConAgra or sold to consumers. Last week, ConAgra released the names of four Colorado distributors who had received the recalled meat to officials at the Colorado Department of Health and Environment. The department has linked 22 cases of E. coli to recalled ConAgra beef. Federal law doesn't require ConAgra to divulge the information, but it would help health officials do their job, said one official. The Denver Post learned from interviews with state health departments that 47 illnesses in 14 states are associated with tainted ConAgra product. For more on freedom of information legislation see http://www.serconline.org/FOIA/index.html .

 Group Finds Feedlot Risks Outpace Regulation

According to the 8/12 New York Times, the Sierra Club released a major report that tallies the industry violations from government environmental, health and safety records of major corporate feedlots, slaughterhouses, and meat packers during the 1980’s and 1990’s. Among the findings, the report found that slaughterhouses produced 134 million pounds of contaminated or possibly contaminated meat; millions of gallons of animal feces and urine that seeped from manure pits of the big feedlots polluted 35,000 miles of rivers; and labor and worker-safety violations that led to 13 deaths and more than $35 million in fines for corporations. To see state legislation to regulate factory farms, see http://www.serconline.org/cafos.html .

 Land Use

Report on Smart Growth Legislation Released

The Environmental Law Institute has released “Smart Links: Turning Conservation Dollars into Smart Growth Opportunities,” a report which profiles many state measures to curb sprawl by combining open space acquisition money with growth management measures. So far, only five states have committed substantial open space funding in ways that encourage local governments to control development. These Smart Links states have begun to show that a statewide vision of important ecological lands, when coupled with local land development planning, can enhance both conservation and the management of development. You can find the report at: http://www.eli.org/pdf/d12.04.pdf . 

South Carolina Study Finds Lands in Need of Protection

The 8/15 edition of The State reported on a study which found more than 75,000 acres of undeveloped land is developed each year in South Carolina. As part of an ongoing effort to preserve natural areas in SC, seven major environmental groups released the study which identifies 5.9 million acres of unpreserved and ecologically important forests, swamps, open land and river corridors. Compiled with the assistance of 75 scientists, the report and mapping project will instruct developers, road builders and others which lands need to be protected because of their ecological importance such as providing habitat to the state’s rare plants and animals. To learn more about how your state can protect important natural areas from development visit http://www.serconline.org/conservationfunding/index.html .

 Idaho to Administer Mining Cleanup

An article in the 8/14 Seattle Post-Intelligencer said that federal, state and tribal representatives have signed an unprecedented plan that puts local and state authorities in charge of one of the country's largest Superfund cleanups. Environmental advocates and downstream residents of Washington state are suspicious of the plan because Idaho officials who have in the past played down the need for a cleanup will decide how vigorously to pursue the project. US EPA officials normally make decisions concerning how to proceed with Superfund cleanups. Wastes from more than a century of mining have washed down the Coeur d'Alene River, and area fish have shown elevated concentrations of mercury and other toxins. For more on how to protect against mining poisons visit http://www.serconline.org/mining/ .

 Clean Energy

EPA Finds ND Power Plants Violate the Clean Air Act

As reported in the 8/15 Bismarck Tribune, the US EPA said that sulfur dioxide emissions from coal power plants in North Dakota violate federal air quality standards. As a result, the EPA has threatened to federalize the state’s pollution program or force ND energy producers to scrub sulfur from polluted plants. To learn more about cleaning up energy in your state, see http://www.serconline.org/cleanenergypage.html .

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