Wildlines
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Wildlines
SERC Wildlines Report #38
September 23, 2002
A publication of the State Environmental
Resource Center (SERC) bringing you the most important
news on state environmental policy from across the
country.
In
this Edition:
Issue Spotlight:
Isolated Wetlands
Headliner: Washington Gov. Calls for Greener Government
Watchdog: Clean Water Rules to be Reviewed
News From the States:
*OCN Gears Up for 2003 Legislative Session
*Iowa Considers Factory Farm Rule
*Zero Interest Loans Proposed for N.J. Public Servants
*Michigan Unveils Tax Code Plan for Wilderness Area
*Aquaculture Regulations on Hold in Maine
*Delaware Completes New Environmental Database
*New Jersey Cleans Up with Litter Tax
*California Air Poisonous to Kids
*Indiana Receives Endangered Species Conservation
Grants
Issue
Spotlight: Isolated Wetlands
Wetlands
prevent flooding, filter our water and protect wildlife.
In a closely divided 5-4 decision, the U.S. Supreme
Court ruled in January 2001 that the federal government
no longer has the jurisdiction to protect certain
widespread but isolated wetlands. It will now require
state action to ensure wetland survival. Without legislative
protection, valuable, beautiful wetlands will be drained
or filled by developers. Last week the 9/20 Charlotte
Observer reported that a bill is expected to go before
South Carolina state lawmakers next year that would
create a framework for protecting freshwater wetlands
across the state. The S.C. Coastal Conservation League
has recommended making it harder to fill wetlands
in pristine areas and easier to get permits in urban
area or order to discourage urban sprawl by directing
development near to areas that have already been developed.
For more information, check out SERC’s isolated wetland
section at:
http://www.serconline.org/wetlands/index.htm.
Headliner:
Washington Gov. Calls for Greener Government (The
Olympian, 9/19)
Washington
Gov. Gary Locke signed an executive order calling
for sustainable environmental practices by all state
agencies last week. The order includes a directive
that WA utilize its $1 billion annual purchasing power
on environmentally friendly products and conservation.
Sustainability is often defined as meeting current
needs without sacrificing the needs of future generations.
Washington had already begun some projects towards
sustainability, such as through conservation and energy
efficiency programs that saved the state $1 million
on its electricity bill, and cut energy use on the
Capitol Campus by 40 percent since 1995. Also the
WA General Administration adopted the U.S. Green Building
Council's rating system for capital construction projects
in order to design and build buildings that reduce
energy costs, improve workplace air quality, reduce
water and sewer costs and reduce the use of nonrenewable
resources to make and operate the building. The executive
order requires state agencies to set goals and develop
plans on how they'll alter practices to be more sustainable,
with assistance from a governor's advisory committee
and the Office of Financial Management. For more on
state sustainability, see
http://www.serconline.org/sustainability/index.html.
Watchdog:
Clean Water Rules to be Reviewed (Washington Post,
9/20/02)
EPA
and Army Corps of Engineers officials announced yesterday
that they will consider new rules for enforcing the
Clean Water Act. Of particular concern are non-navigable
waterways, and the degree to which they can be protected.
There are concerns that new rules could leave thousands
of small bodies of water unprotected. If the definition
of protected waterways changes, clean water enforcement
of federally unprotected waterways would becomes the
responsibility of the states, many of which have inadequate
laws to regulate industrial pollution. The impetus
for revising the rules came from a 2001 Supreme Court
decision, which limited the scope of the Clean Water
Act, but environmentalists argue that the administration
is using the ruling as an excuse to roll back the
Act’s protections. For more information on water issues,
see
http://www.serconline.org/safeair&water.html
News
From the States
OCN
Gears Up for 2003 Legislative Session (Salemwatch
9/14)
The Oregon Conservation Network (OCN)
has announced it will again hold a legislative training
session this year. The group organizes an evening
with professional lobbyists and elected officials
committed to protecting Oregon's natural heritage.
Those who attend will learn the basics of Oregon's
political process and the best methods to make sure
their voice is heard. OCN will also highlight the
major conservation battles that are likely to be fought
during the 2003 Session.
Iowa
Considers Factory Farm Rule (Des Moines Register,
9/17/02)
The
Iowa Environmental Protection Commission is discussing
a draft rule, slated for vote this October, as part
of a Legislature mandate to control feedlot pollution.
It would create a point system to rank livestock farmers
for sustainability-minded actions, like locating confinements
farther than required from waterways, public places
and homes; feeding hogs phytase to reduce manure phosphorous
levels; and building confinements near one’s own home.
The draft gives counties the opportunity to review
proposals for new confinement operations, with the
Department of Natural Resources making final permit
decisions. This rule allows communities to evaluate
the potential harm of large confinements so they can
ensure the long-term viability of farming in their
region, considering things like water and soil quality,
and animal health and productivity. For more on factory
farming, visit
http://www.serconline.org/cafos.html).
Zero
Interest Loans Proposed for N.J. Public Servants (Star-Ledger
9/10)
As part of an effort to control sprawl
and encourage urban revitalization, the New Jersey
State Senate’s Urban and Community Affairs Committee
approved a bill that would provide city servants with
zero interest loans for down payments if they purchase
homes in neighborhoods targeted for renewal in their
work area. The measure is designed to reduce sprawl
and congestion by allowing city employees to live
closer to their workplace and it would encourage revitalization
by bringing middle class community leaders such as
public school teachers, firefighters, and police officers
into urban neighborhoods.
Michigan
Unveils Tax Code Plan for Wilderness Area (Sustainable
Economy Update, 9/17)
On
September 12, Michigan Gov. John Engler (R) announced
a mixed-use tax plan allowing 389,000 acres in the
Upper Peninsula to be purchased by a timber company
at a reduced price due to the government and nature
organizations holding conversation easements on the
land. The easements would allow the land to be developed
for timber and qualify the company for certain federal
tax deductions and other programs. At the same time,
the public would have access to fishing and other
sporting activities on a portion of the land with
the guarantee that no timber harvesting would occur
there. For more on state conservation funding, visit
http://www.serconline.org/conservationfunding/index.html.
Aquaculture
Regulations on Hold in Maine (Bangor News 9/20)
The Maine aquaculture industry will
continue to operate illegally into the new year following
the Department of Environment’s decision to pass responsibility
to approve water pollution discharge standards to
the citizen’s Board of Environmental Protection. In
a lawsuit filed by environmental groups, a judge held
on February 20, 2002 that aquaculture facilities are
required to obtain a National Pollution Discharge
System permit in order to operate. NPDES permits are
required to operate under the federal Clean Water
Act and can be issued by either the federal or state
government, yet Maine has never required that aquaculture
facilities obtain the federal permit nor issued a
state-level water discharge permit.
Delaware
Completes New Environmental Database (The News
Journal, 9/18)
The
Delaware Department of Natural Resources and Environmental
Control unveiled its new online database of environmental
information last week. The database provides public
access to information on parks, factory pollution
emissions, locations of large animal farms and new
land developments. The website was developed following
the approval of SS1 to SB33 (2001) that mandated the
creation of an environmental information source to
allow the public to track pollution permit compliance.
To learn more about legislation affecting public access
to information, see
www.serconline.org/stateinfo/foia.
Click here
http://www.dnrec.state.de.us/DNRECeis/ to
see Delaware’s new Environmental Navigator site.
New
Jersey Cleans Up with Litter Tax (Press of Atlantic
City, 9/20)
New
Jersey is close to reinstating a tax to help clean
up litter. The legislation, recently approved by the
Senate Environment Committee, would impose a small
tax on products that are likely to produce litter,
such as cigarettes or other packaged items. Monies
from the tax will fund programs to clean up litter
and graffiti. The measure is supported by municipalities
and businesses, and has already passed the Assembly.
For more litter-reducing legislation, see
http://serconline.org/bottlebill/ .
California
Air Poisonous to Kids (Los Angeles Times, 9/16)
A
two week old baby in Los Angeles has already been
exposed to more than the lifetime allowable amount
of air pollution and has a high risk of developing
cancer, according to a recent report by the National
Environmental Trust. If that baby lives in Sacramento,
it will take three weeks to exceed the limits. By
the time the child is 18, it will have exceeded the
EPA limits by a factor of at least 170. Children are
more vulnerable than adults, according to the study,
because they breathe more air per pound of body weight,
have developing immune systems and because they tend
to be outdoors more. Major sources of air pollution
include diesel exhaust and other mobile sources, such
as cars and heavy machinery. The report recommends
replacing diesel school busses with cleaner alternatives.
For more on protecting children’s health, visit
http://www.serconline.org/childrenshealth.html
West
Nile Virus Vaccines Tested (Amer. Bird Conservancy
9/20, BBC news 3/5)
Vaccines for the deadly West Nile Virus
are being tested in horses, geese, crows, and people.
The vaccines, which are either hybrid virus or killed
virus, are in various stages of testing and development.
The horse vaccine has been made available to veterinarians
in some states, and is being reviewed for its effectiveness.
The goose vaccine, developed in Israel, has been effective
in field trials, and the crow vaccine, developed with
the help of the American Bird Conservancy, was 60%
effective in lab tests, and will be field tested soon.
The human vaccine has been effective in primates,
and should start clinical trials soon.
Indiana
Receives Endangered Species Conservation Grants (Wildbulletin,
9/18)
Indiana has been awarded grants to conserve
endangered species. The two grants from the U.S. Fish
and Wildlife Service are for Indiana bat conservation
and least tern conservation. Indiana Department of
Natural Resources forestry and wildlife experts will
utilize $587,000 in grants to develop Indiana bat
conservation initiatives on the 150,000-acre state
forest system. The initiative will be the first in
the country to attempt to conserve species on actively
managed, harvested forests. The grants were awarded
through the U.S. Fish and Wildlife Service's Habitat
Conservation Planning Assistance and Land Acquisition
Grant programs. The grants support up to 75 percent
of the cost of habitat planning activities and land
acquisition for federally endangered species.
Do you have news about environmental
legislation or regulations in your state? Please submit
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