Home > Wildlines Archives > Volume I, Number 5
Volume I, Number 5
February 4, 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:
Saving Wildlands:
 
Clean Energy:
 
Safe Air and Water:
 
 
 
Natural Resources:
 
Urban Issues:
Saving Wildlife:
Land and Water Use:
 
 
 
Resources:
 
Conferences/Workshops:
 
 
 
Closing Power Plants Dirty Air Loophole
California Likely to be First to Regulate CO2
"Environmental Terrorism" Bills
 
 
NC: "Wetlands Trading" Program Not Working
WA: Only 13% of Replacement Wetlands Succeeding
SD: Senate Approves Wind Energy Tax Break
AZ: Bill Calls For Free Air at Gas Stations
ME: Bill would Ban Fertilizers Containing Arsenic
VA: Fish have Highest Contamination of PentaBDE
SD: Senate Votes for Restaurant Smoking Ban
MI: Group Says State not Responding to Dioxin
HI: Deposit / Return, Curbside Recycling Debated
MI: House Votes to Ban Great Lakes Drilling
NY: Governor Vetoes Bill Limiting Light Pollution
NE: Deadly Deer Disease Spreading Fast
VA: Local Control of Sewage Sludge Debated
NE: Missouri River Flow Compromise Suggested
SD: Law Limiting Factory Farms Under Attack
WV: Mountaintop Removal Ban Still has Hope
Study: Smog Proven to be Cause of Asthma
Poll: Autoworkers Support MPG Standards
Public Interest Environmental Conference
Public Interest Environmental Law Conference
International Electronic Products Recovery & Recycling Conference
Closing Power Plants Dirty Air Loophole
This past week, legislation was introduced in the Wisconsin Assembly to close a loophole that allows old “grandfathered” power plants to emit four harmful pollutants far above modern clean air standards. How does this loophole exist? When the federal Clean Air Act was enacted over 30 years ago, big utility companies successfully lobbied against stringent controls by saying the oldest, dirtiest power plants would soon be replaced by new state-of-the-art facilities. However, many of those outdated facilities are still in use. In some cases, power plants from 1922 are still in operation and do not meet the environmental requirements that every new facility must follow. SERC's website offers the tools necessary to introduce effective legislation to reduce pollution from these energy companies in your state. We've provided a sample bill, talking points, press clips, a fact pack, research, and other background information. This information is located at http://www.serconline.org/clean/index.html.
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California Likely to be First to Regulate CO2 (Sacramento Bee 1/31)
If a bill approved last week by the state Assembly becomes law, California could become the first state to try to ease global warming by limiting carbon dioxide emissions from autos. The measure by Assemblywoman Fran Pavley, D-Agoura Hills, passed the Assembly by a 42-24 vote and is expected to easily pass the Senate and be signed by the Governor. This bill gives California's Air Resources Board the ability to create sweeping regulations in less than two years. California creates nearly 7% of global carbon dioxide emissions and motor vehicles generate 57% of the carbon dioxide the state produces.
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"Environmental Terrorism" Bills
In state legislatures across the country, anti-environmentalists are attempting to take advantage of the September 11 tragedies by seeking legislation that brands environmental activists as "terrorists." The problem with the bills is that they are usually so loosely written that even the peaceful, sign-holding protester could meet the definition of a "terrorist." In Pennsylvania, SB 1257, would make protests on environmental issues a criminal activity if they, in the sponsor's words, "caused harm to businesses... in an effort to express their misinformed ideas." Certainly, most would agree that destroying property should be punished -- and is already addressed in law. However, the troubling aspect of this bill is that it targets people whose primary purpose is "expressing a perspective on a environmental cause or natural resource issue" and who are destructive to “business practices." This language is so loose that virtually any environmental protest -- that is legal in every other way -- could be outlawed. More information on this issue is available at: http://www.serconline.org/watchdog/watchdog2003/watchdog20.html.
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Saving Wildlands:
North Carolina: "Wetlands Trading" Program Not Working (Raleigh News-Observer 1/30)
Members of a legislative panel criticized a state wetlands restoration program, begun in 1997, that allows state agencies and private developers to pay into a fund every time they destroy portions of wetlands. The money is then to be used to restore or enhance wetlands in other areas. The program has received $58 million since 1997, but just $4.2 million has been spent.
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Washington: Only 13% of Replacement Wetlands Succeeding (Seattle Post-Intelligencer 1/3)
A state Department of Ecology study of "replacement" wetlands has determined that only about 13% of the person-made wetlands in Washington are fully successful. For nearly 10 years, developers who destroyed wetlands have been required by federal law to replace them -- 1.78 acres of replacement wetlands for every acre destroyed.
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Clean Energy:
South Dakota: Senate Approves Wind Energy Tax Break
The state Senate approved a bill 29-4 Friday that would offer a 50% tax break for major development of wind energy in South Dakota. SB 167 would reduce the 2% contractors excise tax to 1% on power facilities using wind, sun, geothermal, or biomass to make electricity.
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Arizona: Bill Calls for Free Air at Gas Stations (Arizona Republic 1/31)
State Rep. John Loredo wants gas stations to provide customers water, compressed air, and a gauge for measuring air pressure for tires. Loredo says his bill, based on California law, will help prevent the more than 200 deaths in the United States attributed to low pressure tire blowouts. In addition, properly maintained tire pressure greatly improves auto fuel efficiency.
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Safe Air and Water:
Maine: Bill Would Ban Fertilizers Containing Arsenic (Portland Press-Herald 1/29)
A legislative committee seems inclined to back a bill would ban the sale of fertilizer containing more than 500 parts per million of arsenic. Although the legislation does not single out the common fertilizer "Ironite" by name, it is the bill's biggest target, because it contains 4,000 parts per million of arsenic. Sponsor Rep. Scott Cowger says he fears children could eat arsenic-contaminated soil while playing, or that the arsenic could leach into the groundwater.
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Virginia: Fish have Highest Contamination of PentaBDE
ENS reported last week that freshwater fish in Virginia have been found to contain the highest reported levels in the world of a common but controversial flame retardant, pentaBDE. Because PentaBDE is a "current use chemical," it is usually disposed of in conventional municipal sewage systems recirculated back into the environment. Recent studies show pentaBDE could cause neurological problems, furthering concerns that the chemical is very similar to the effects caused by PCBs.
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Michigan: Group Says State not Responding to Dioxin (Detroit News 2/2)
The environmental group, Lone Tree Council, says Michigan regulators are failing to respond to a potentially serious dioxin pollution problem in soil downstream from a Dow Chemical Co. complex. The dispute follows the discovery of dioxin levels up to 80 times higher than the state's residential cleanup standards in a farm field in a flood plain where the Tittabawassee and Saginaw rivers meet.
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South Dakota: Senate Votes for Restaurant Smoking Ban
A bill that would ban smoking in most South Dakota restaurants and other businesses won narrow approval in the state Senate last week. The 18-17 vote sends the measure to the House, but opponents said they plan to ask the Senate to reconsider the bill Thursday.
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Natural Resources:
Hawaii: Deposit / Return, Curbside Recycling Debated (Honolulu Star-Bulletin 1/31)
The Hawaiian Legislature is debating the best system to recycle used beverage containers. Beverage dealers and distributors want a combination of curbside and drop-off recycling -- a system that would not require any work from them. While most local environmentalists are pushing for a traditional deposit / return system, citing statistics that this system is time-tested and the most effective in other states. A recent report by Businesses and Environmentalists Allied for Recycling (BEAR) found that states with a 5-10 cent deposit recover 61.6% of all beverage containers targeted, and recover 125 containers per dollar spent, while states with curbside programs recover only 18.5% of all beverage containers targeted.
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Michigan: House Votes to Ban Great Lakes Drilling (Detroit Free Press 1/29)
The House approved a ban on oil and gas drilling under the Great Lakes, on a 98-7 vote. While continuing to insist that environmental risks are minuscule from onshore wells bored into bedrock beneath the lakes, Governor Engler said he expects the Legislature to pass a ban and for it to become law.
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Urban Issues:
New York: Gov. Vetoes Bill Limiting Light Pollution
Gov. George Pataki vetoed last week a bill that would have required local and state governments to phase out most outdoor lighting that casts too much brightness into the night sky. The bill had been pushed by environmentalists who argued that the measure would increase energy efficiency and allow people to once again see stars at night.
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Saving Wildlife:
Nebraska: Deadly Deer Disease Spreading Fast
On a quest to stamp out chronic wasting disease, the state has embarked on a mission to kill 100 white-tailed deer in an infected zone of the Pine Ridge. This is the frontier for the emerging, deadly illness pushing out from its epicenter in northeastern Colorado.
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Land and Water Use:
Virginia: Local Control of Sewage Sludge Debated (Richmond Times-Dispatch 1/30) 
An Assembly committee is debating the merits of a bill that would give localities the power to ban or regulate the spreading of sewage sludge on farm fields. State-issued permits allow sludge -- a dirt-like byproduct of sewage treatment -- to be used in 32 Virginia counties, where it is spread on fields as a fertilizer. A Virginia Supreme Court decision in January 2001 said a county can't ban sludge if the farmer spreading it has a state permit. Many have complained that sludge pollutes rivers and wells, causes disease, drives away tourists, and creates a smelly nuisance.
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Nebraska: Missouri River Flow Compromise Suggested (Associated Press 1/29)
A group called the Missouri River Basin Association representing states in the Missouri River basin are floating the idea of implementing more natural flows on the river -- as sought by environmentalists -- but on a 10-year experimental basis. The idea would be to see what impact the changes have on recovery of endangered species, as well as on economic interests in the basin, without committing to permanent changes. For more than a dozen years, the Army Corps of Engineers has been mulling changes in its master manual, its guidebook for how it releases water from six major dams on the upper Missouri.
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South Dakota: Law Limiting Factory Farms Under Attack
Amendment E, a factory farm prevention measure that is already being attacked in federal court by the Farm Bureau, is now also under attack in the state legislature. Approved 60-7 by the House, HJR 1009 would place the issue on the low-turnout June ballot and allow voters to decide if they want to rescind the law, which limits factory farms by requiring owners of large operations to have residency in the state.
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West Virginia: Mountaintop Removal Ban Still Has Hope (Charleston Gazette 1/25)
Although the U.S. Supreme Court declined to weigh in on the legal battle over mountaintop removal coal mining, local activists are still hoping for action from a state court. The West Virginia Highlands Conservancy, which sued in July 1998 to try to curb mountaintop removal, will likely file a new suit in state court challenging valley fills.
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Resources:
Study: Smog Proven to be Cause of Asthma
Last week the University of Southern California released a decade-long study that is the strongest evidence yet that smog can not only aggravate existing childhood asthma, which has reached epidemic proportions among American youth, but may actually be one cause of the life-threatening disease.
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Poll: Autoworkers Support MPG Standards
A new Celinda Lake poll released by the Sierra Club last week found that Michigan households with a United Auto Worker (UAW) member are even more likely to favor tougher fuel economy standards than the general public. Pollsters found that 77% of Michigan voters favor increasing standards to 40 miles per gallon (mpg) over the next 10 years, while an even higher percentage of UAW households, 84%, favor increasing fuel economy standards to 40 mpg over the next 10 years. "We found that support is high, in part, because Michigan voters, including UAW households, believe that increasing standards will create jobs and help the economy," said Lake.
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Conferences/Workshops:
Public Interest Environmental Conference - February 14-16 - Gainesville, Florida
More info: http://grove.ufl.edu/~els
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Public Interest Environmental Law Conference - March 7-10 - Eugene, Oregon
More info: http://www.pielc.uoregon.edu/
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International Electronic Products Recovery & Recycling Conference - March 12-13 - Washington, D.C.
More info: http://www.nsc.org/ehc/epr2.html
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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]