Wildlines Archives
Volume I, Number 49
December 9, 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:
 
 
 
 
 
 
 
 
 
 
Developers Rush to Build in Wetlands after Ruling
Voters Support Preservation, Managed Growth
Censorship and Science
 
Low-Emission Car Bill Stalls in NJ Legislature
Maryland Working to Restore Natural Shorelines
Pennsylvania Advocates Block Anti-Preservation Proposal
Nebraska Feedlot Size Not Affected by Corporate Farming Ban
Activists Sue over Delay in Watercraft Rules
Timber Certification Tainted, Forest Group Alleges
Toyota, Honda Deliver First Zero-Emission Hydrogen Cars
Colorado Lawmakers Hear about Challenges of Drought, Fire, Disease
New Jersey Lawmakers Pass Litter Tax Bill
Local Lawmakers Flock to Join Va. Growth-Control Coalition
Developers Rush to Build in Wetlands after Ruling (USA Today 12/5)
Thousands of acres of wetlands across the country are being bulldozed or filled with dirt because of a 2001 Supreme Court decision that stripped them of federal protection. Millions of acres more are still vulnerable. When these swamps and bogs vanish, so does their capacity for preventing floods, cleansing water of pollutants and sheltering waterfowl and fish. The wetlands singled out in the court decision are "isolated," that is, no channel connects them to a larger body of water. Wetlands are too unstable to support heavy structures, so a developer must fill a wetland with dirt, destroying it, before building on top of it. The fate of isolated wetlands is nearly undocumented. Acres are disappearing fastest where state wetland laws are weakest. The results, many biologists say, will be devastating, especially as more landowners learn of the decision. Since the Supreme Court ruling, a few states have taken action. Wisconsin took the most drastic step, passing a wetland-protection law four months after the Supreme Court ruled. Even so, isolated wetlands are still at risk in most other states. Developers have filed suit against several states, including Indiana and Virginia, for their efforts to protect isolated wetlands. Some state legislatures won't grant regulators the power or the cash to do the job. For more on how your state can protect wetlands, visit www.serconline.org/wetlands/index.html.
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Voters Support Preservation, Managed Growth (Great Lakes Bulletin News 11/14)
Last Election Day, voters by the millions elected scores of candidates, and approved hundreds of new taxpayer investments and regulatory safeguards dedicated to countering sprawl and improving the quality of life. All across the country, by overwhelming majorities in most cases, voters supported new spending and activist government programs to build new public transit systems, save farmland and open space, strengthen local zoning to block sprawling construction, and invest in urban neighborhoods. By far the most telling evidence of the powerful constituency for growth management is the consistently high approval rates for property tax increases and bonds to pay for preserving farmland and open space. They approved some 80 percent of the 79 ballot measures that called for more public investment to put land off limits to sprawling development, according to a tally by Trust for Public Land, a national conservation organization. Major investments in light rail and other alternatives to roads also enjoyed broad support. In Michigan, Democratic Attorney General Jennifer Granholm swept into the governor's office due in part to the coherent plan she prepared to diminish congestion, improve land use planning, and reduce sprawl in Michigan, which is consuming 100,000 acres of farmland and open space a year. Voters also supported ballot referendums to reverse the engines of sprawl. In California's Simi Valley, and in Santa Paula voters rejected efforts by developers to expand urban growth boundaries to accommodate more sprawl, in both cases by more than 60 percent margins. For more, see http://www.serconline.org/sprawl/pkg_frameset.html.
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Censorship and Science (Des Moines Register 12/1)
A disturbing trend is emerging in scientific research – the censorship of unpopular research and results. This can happen at several levels, from the approval and funding of research projects, to the publication of results in the scientific literature. The impact on our health and the health of our environment could be dramatic, since often the research that is suppressed examines causes of human health and environmental problems—information critical for good policy-making. As corporations become more involved in funding scientific research, they also gain control over the research agenda. For example, the USDA maintains a list of research topics that may not be pursued with out permission from its national headquarters. The list contains just about anything having to do with the pollution of air, water or soil by agriculture – in other words, anything that might upset the corporate agriculture interests that sit on USDA advisory councils. Even if such research is conducted, it may not be published or made available to the public. A federal swine researcher in Iowa was told not to publish his results that found evidence of antibiotic resistant bacteria in air emitted from hog confinements. The same researcher was denied opportunities to present his work publicly, despite repeated requests from outside groups. Perhaps most disturbing is the possibility that, because of events like these, scientists may self-censor, deciding to pursue non-controversial topics to keep their supervisors and funders happy. Good information is critical to addressing to protecting our health, and right now independent research is being compromised. For more watchdogs, visit http://www.serconline.org/watchdog/watchdogpage.html.
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Low-Emission Car Bill Stalls in NJ Legislature (Trenton Times 12/6) (Concord Monitor 11/26)
For a bill with an impressive bipartisan roster of sponsors, a long-standing proposal to tighten emission standards for cars sold in the Garden State has struggled mightily to see the light of day. The bill, which would require New Jersey to adopt the tougher auto emissions standards set by California, has dozens of supporters in the Assembly and the Senate but has failed to even win release from legislative committees in either house. Environmental advocates, including PIRG and the New Jersey Environmental Federation, contend that more than a third of the smog here and about 80 percent of chemicals such as benzene are generated by cars and trucks. The automobile industry has lobbied strenuously against the bill. New York, Massachusetts, Vermont, and Maine have already adopted the stricter standards and are moving ahead to implement them. Pennsylvania, meanwhile, is considering the standards, but the New Jersey bill appears to have little momentum. Gov. James E. McGreevey voiced support for the measure during the campaign but has said little about it since. His spokesman, Kevin Davitt, said recently that "he would certainly support it if it comes to his desk." Environmental advocates here argue that reducing car emissions is even more important as the Bush administration relaxes pollution rules for refineries, power plants and manufacturers.
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Maryland Working to Restore Natural Shorelines (Annapolis Capital-Gazette 12/2)
As part of an ongoing effort to conserve and restore natural shoreline in the Chesapeake Bay area, Maryland is replacing fortress-like bulkheads with submerged plants and artificial islands. Area ecologists point out that while the bulkheads effectively secure the shoreline and prevent erosion, they also create an unnatural barrier to fish, crabs, and other wildlife that depend on shoreline marshes as spawning grounds. Replacing the bulkheads with natural marshlands maintains the needed shoreline protection without disturbing the movement and behavioral patterns of wildlife.
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Pennsylvania Advocates Block Anti-Preservation Proposal (Philadelphia Inquirer 12/3)
In the final days of Pennsylvania’s legislative session last week, the lobbying group representing the state’s developers attempted to persuade legislators to pass a proposal that would have limited the ability of municipalities to protect open space. The proposal was attached to a bill that had nothing to do with land use but, if passed, the amendment would have required the state's 1,457 "second-class townships" to meet strict new requirements to preserve land. However, the lobbying group behind the amendment, the Pennsylvania Builders Association, underestimated the tenacity and organizational ability of the state’s preservation advocates. 10,000 Friends of Pennsylvania and its 220 member organizations launched an intense four day campaign of direct lobbying and grassroots organizing. Letters, phone calls, and emails poured into the offices of state legislators urging them to oppose the measure and these efforts successfully prevented the proposal from being brought to a vote.
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Nebraska Feedlot Size not Affected by Corporate Farming Ban (Lincoln Journal Star 12/4)
A recent study by the University of Nebraska and Iowa State University found that feedlot size in four states (NE, TX, CO, KS) has increased over the past decade, and that Nebraska’s ban on corporate ownership of farms hasn’t influenced feedlot size in that state. Initiative 300, which banned corporations from owning real estate used for farming or ranching, passed in 1982. The initiative focused on ownership, not size, of farms. This study did not examine changes in ownership or numbers of farms or feedlots, and thus cannot estimate the total effectiveness of Initiative 300. For more on feedlot operations please see http://www.serconline.org/cafos.html.
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Activists Sue over Delay in Watercraft Rules (Times Union 12/4)
The New York Public Interest Research Group sued the NY Department of Environmental Conservation this week over the DEC’s delay in issuing clean air regulations applying to personal watercraft. Personal watercraft emit significantly more pollutants than the average car, but are often unregulated. The legislature required the DEC to adopt regulations based on California’s emissions standards by September 2001, but the Department has yet to issue the rules. The regulations, which should reduce emissions from personal watercraft by 50 percent, will be phased in over several years. NYPIRG contends that the delay in rule making means that the standards won’t go in to effect until 2007. A DEC spokesman wouldn’t comment on the suit, but said the regulations would be available for public comment "soon". For more on protecting our air and water, please see http://www.serconline.org/safeair&water.html.
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Timber Certification Tainted, Forest Group Alleges (Environment News Service 11/20)
The international body created to certify responsible forestry management has for years been knowingly "misleading" the public according to a new report released by the Rainforest Foundation. The report finds serious flaws in the certification system used by the Forest Stewardship Council (FSC), which is responsible for auditing timber companies worldwide and for certifying that wood and paper is produced in an environmentally and socially acceptable way. According to the report, "Trading in Credibility: The Myth and Reality of the Forest Stewardship Council," FSC's authorized auditors have a vested commercial interest in certifying timber companies, regardless of whether or not they comply with the body's requirements. FSC disputed the findings of the report and expressed confidence in its model of operation. The Rainforest Foundation report can be found at: www.rainforestfoundationuk.org/FSC/FSCReport.html.
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Toyota, Honda Deliver First Zero-Emission Hydrogen Cars (San Diego Tribune 12/2)
Toyota and Honda delivered their first market ready zero-emission hydrogen-powered fuel cell vehicles last week. The City of Los Angeles is leasing five Honda fuel cell test vehicles for "real world" driving by city staff. UC Irvine and UC Davis got Toyotas in what was described as the first step in a plan to establish California fuel-cell "community" partnerships of government, business and higher education that will tackle product, infrastructure and consumer-acceptance challenges. The universities are at the forefront of fuel-cell vehicle research, development and implementation. The vehicles are based on the Toyota Highlander five-passenger mid-size sport utility vehicle. They have a range of 180 miles and a top speed of 96 mph. Its hydrogen fuel-cell system features four 5,000-psi hydrogen fuel tanks. Hydrogen gas feeds into the fuel-cell stack where it is combined with oxygen, and the chemical reaction of combining hydrogen and oxygen to form water generates a peak of 90 kilowatts of electricity. The electricity powers a 109 horsepower electric motor to charge the vehicle's nickel-metal hydride batteries.
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Colorado Lawmakers Hear about Challenges of Drought, Fire, Disease (Rocky Mountain News 12/3)
The chief of Colorado's Department of Natural Resources told legislators Monday that priorities have changed dramatically and unexpectedly for his agency in four years. But, Greg Walcher said, no one could have guessed either the problems that would crop up - drought, wildfires and chronic wasting disease - or their magnitude just four years ago. The comments came as Walcher appeared before the legislative Joint Budget Committee to discuss funding needs and the impact of cuts made in his department. Sen. Dave Owen, R-Greeley, budget committee chairman, predicted at least 20 bills will be introduced in the 2003 legislative session to increase water supplies. Some say it will be more like 90. But the water experts at the hearing said money problems this year have been a major obstacle. State water engineer Hal Simpson said unfilled vacancies have made it harder to carry out water inspections and enforce water regulations.
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New Jersey Lawmakers Pass Litter Tax Bill (BNA Daily Tax Report 11/20)
On November 18, the New Jersey Assembly passed a measure (A. 2069) that would require manufacturers, wholesalers, distributors, and retailers of litter-generating products to pay a “user fee” on the sale of their products within the state. The funds generated (an estimated $14 to $16 million a year) would support recycling grants to counties and municipalities and anti-littering initiatives. The fee would amount to 0.03 percent of sales of litter-generating products for wholesalers and distributors and 0.0225 for retailers. The legislation exempts sales by wholesalers or distributors to other wholesalers or distributors; retailers with under $500,000 in annual sales of litter-generating products; and restaurants with less than ten- percent take-out food sales. “Litter-generating” products include beer, wine, soft drinks, cleaning agents and toiletries, newsprint and magazine paper stock, and tobacco products.  New Jersey’s previous litter tax expired in 2000.
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Local Lawmakers Flock to Join Va. Growth-Control Coalition (Washington Post 12/3)
Prince William County, Virginia appears ready to join its outer DC suburban neighbors in a lobbying group designed to give voice in Richmond to resident concerns about unabated residential development in Northern Virginia and elsewhere in the state. Prince William Board of County Supervisors Chairman Sean T. Connaughton (R-At Large) said the sound defeat at the polls last month of a measure that would have increased the sales tax to fund new roads and transportation projects in the region is one reason to join. The tax measure's failure is widely seen as a repudiation of more road building to serve suburban development. Primarily, the group is fighting for passage of an adequate public facilities measure in Virginia and for the right to impose fees on developers to help pay for new classrooms, roads and other services necessitated by new development. Supporters of such tools say they would give counties the clout to make development pay for itself and to phase it in gradually, once roads and other infrastructure are in place. Many local politicians also said they think voters sent a slow-growth message on Election Day that General Assembly members will heed because they all face elections next year.
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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]