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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.

               


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