Wildlines Archives
Volume I, Number 50
December 16, 2002
A publication of the State Environmental Resource Center (SERC) bringing you the most important news on state environmental issues from across the country.

Editor’s Note: Wildlines will be issued again starting on January 6, 2003 when we will begin our coverage of the 2003 state legislative sessions.

Happy Holidays!
 
NEWS FROM THE STATES:
 
 
 
 
 
 
 
 
 
 
Nebraska Only State to Ban Corporate Farming
Rhode Island Issues New Regulations on Mercury
NAFTA Treaty may Supercede State Water Regulations
 
Cleaner Fuel Buses Sought To Reduce Maryland Air Pollution
NJ Gov. Signs Bill Halting Pesticide Use in Schools
‘Conservation Tillage’ could take Root in South Carolina
Maine Coalition Takes On Sprawl
Cosmetic Chemicals Linked to Sperm Damage in Humans
Air Pollution from Steel Mills Causes Genetic Damage
Drought Prompts NJ to Protect Water Supply
Weedkiller pits Wisconsin State Agencies against each Other
Montana Judge Forcefully Upholds Cyanide-Mining Ban
MI Gov. Wants to Ease Dioxin Standards
Nebraska Only State to Ban Corporate Farming (FindLaw 12/13)
Nebraska may be best known for its beef, but the state has something else that sets it apart: the nation's only constitutional ban on corporate farming. In the 20 years since a citizen's initiative led to the ban, it has withstood court challenges and, supporters say, helped protect Neb. farmers. Neb. has avoided becoming the home to large agribusiness operations, mega-hog farms and livestock feeding lots, in large part thanks to the ban, known as Initiative 300. In the mid-1970s, many Midwestern states moved to restrict corporate farming. Eight states - Iowa, Kansas, Minnesota, Missouri, North Dakota, Oklahoma, South Dakota and Wisconsin - passed laws. But none of those states have a ban in their constitution or laws as restrictive as the Nebraska ban, according to a study last year by researchers at Clarkson University and Cornell University. South Dakota voters approved a ban in 1998, but it was struck down by a federal judge as unconstitutional. Appeals are pending. Initiative 300 generally prohibits corporations and certain other business entities from owning farmland or engaging in agricultural activity, although there are exceptions. The exceptions include farms that are family-owned and operated, nonprofit corporations, American Indian tribal corporations, land used for seed or nursery purposes, and land used for research or experimental purposes. For more, see http://www.serconline.org/cafos.html.
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Rhode Island Issues New Regulations on Mercury (Providence Journal 12/12)
As part of a regional pledge to reduce the usage and presence of mercury, the Rhode Island Department of Environmental Management (DEM) announced regulations that will go into effect January 1, 2003. This move follows a report released by Massachusetts stating it is possible for coal burning plants to reduce mercury emissions. The regulations include banning toys and games that contain mercury along with a phase-out on other products. Rhode Island intends to prevent objects that contain mercury from ending up in incinerators in surrounding states, another form of mercury contamination. Mercury poses a serious threat to humans and wildlife. In humans it is linked to kidney and neurological damage, especially in fetuses. Seth Kaplan, a senior lawyer with the Conservation Law Foundation, commented, “it's very hard to come up with any kind of argument against restricting it when you look at the science and see there is no safe level.” RI’s regulations can be found at www.state.ri.us/dem. For more information on eliminating mercury in your state, visit http://www.serconline.org/mercury/pkg_frameset.html.
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NAFTA Treaty may Supercede State Water Regulations (Lexington Herald-Ledger 12/9)
Trade agreements like NAFTA could prevent states from regulating water distribution services owned by foreign corporations, according to some water policy analysts. The issue was raised by West Virginia’s Attorney General, who has tried to stop the purchase of the Kentucky-American Water Company by Thames Water, a British subsidiary of the German firm RWE Aktiengesellschaft. The concern is that the company could sue under NAFTA if state regulation capped water rates or limited profits in other ways. Thames argued that the international agreements are not relevant, but declined to waive its rights under them. For more on corporate ownership of water systems, please see http://www.serconline.org/watchdog/watchdogpage.html.
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Cleaner Fuel Buses Sought To Reduce Maryland Air Pollution (Baltimore Sun 12/12)
The Maryland Transit Administration should convert its entire fleet of 800 buses to ultra-low-sulfur diesel fuel and add traps for particulate matter and diesel exhaust to the buses, according to a report released by the Citizens Planning and Housing Association. MTA buses burn 7.8 million gallons of diesel fuel per year, adding to the region's poor air quality and contributing to health problems such as asthma and cardiovascular disease, scientists say. It would cost between $5 million and $8 million to add the particulate-matter traps to the buses and an additional $1 million in fuel costs to switch to ultra-low-sulfur diesel fuel, the CPHA estimates. The group says the cost is modest given that the changes would cut bus emissions by 88 percent.
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NJ Gov. Signs Bill Halting Pesticide Use in Schools (Philadelphia Inquirer12/13)
Gov. McGreevey yesterday signed what he called "a long overdue bill" stopping the use of chemical spraying in New Jersey for pest control - except as a last resort. If state-approved pesticides are used, school officials must notify each parent and staff member 72 hours in advance, and students will not be allowed onto school grounds until seven hours after their use. Environmentalists and educators hailed the new law as the toughest one in the country regulating schools' use of chemical sprays, which, in large doses, researchers have linked to cancer, asthma and nausea. A similar Pennsylvania law will take effect Jan. 1, allowing school districts to choose to notify all parents about pesticide use, or just those who have requested it. The New Jersey Pest Management Association, a coalition of professional exterminators, worked with environmental groups and the bill's sponsors to craft the legislation.
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‘Conservation Tillage’ could take Root in South Carolina (The State 12/9)
There is a way to raise crops that saves money, is good for animals, protects the environment, increases yields and cuts down on insecticides. But only about a third of SC farms practice “conservation tillage”, but the federal farm bill adopted earlier this year could make conservation tillage more accessible to small and large farms alike. Conservation tillage works like this: Farmers harvest their crops, then plant seeds on top of the old stalks and leftover plants instead of tilling under the old crop. The method dramatically reduces the number of times farmers need to cross their field with machinery. The labor and fuel-cost reductions are considerable. The organic matter from the old crop acts like mulch that provides nutrients to the new plants, protects the earth from wind and water erosion, holds in moisture and provides a good habitat for beneficial insects. A scientist that studies the effects of conservation tillage has found that almost no soil erodes off fields, even during huge floods such as those caused by Hurricane Floyd, and that fertilizer and insecticide runoff into streams virtually stops, even in the giant floods. Farmers using the method often stop irrigating altogether. And the amount of crops produced appears to be the same and possibly more. The method works for corn, soybeans, cotton, oats and wheat. Unfortunately, while Congress has adopted the farm bill, SC legislators haven't funded the program yet.
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Maine Coalition Takes On Sprawl (Portland Press Herald 12/9)
GrowSmart Maine has the distinction of being the first state-wide anti-sprawl advocacy group in the state. The group follows the lead of similar organizations in Oregon and Pennsylvania, but formed to specifically address the needs of ME’s unique landscape. GrowSmart Maine’s various experts are attempting to reduce sprawl prone state policies that lead to unplanned development, a greater tax burden, and weaken ME’s economic competitiveness. For more information on sprawl, see http://www.serconline.org/sprawl/pkg_frameset.html.
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Cosmetic Chemicals Linked to Sperm Damage in Humans (ENN 12/10)
Phalates, chemicals used in about eighty percent of cosmetics, can damage DNA in the sperm of adult men at normal exposure levels, according to a study published in Environmental Health Perspectives. The study, conducted at Harvard, is one of the first to show an effect of phalates on humans, although these chemicals have been linked to birth defects in animals. Phalates are not currently regulated in the US, but have been banned in some products by the EU.
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Air Pollution from Steel Mills Causes Genetic Damage (ENN 12/10)
A recent study by Canadian researchers shows that air pollution from steel mills can cause elevated rates of mutation that may affect both this generation and the next. The study, recently published in the Proceedings of the National Academy of Sciences, was conducted in mice, and found that mice raised in polluted air had fewer offspring, and that those offspring had over twice as many mutations as normal mice. These results may help explain high rates of cancer in steel mill workers, said the authors, who also said that people living near mills should be checked for possible health consequences. For more on keeping our air clean, please see http://www.serconline.org/safeair&water.html.
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Drought Prompts NJ to Protect Water Supply (Star-Ledger 12/10)
New Jersey’s Environmental Commissioner recently announced new regulations designed to protect both the quality and quantity of the state’s water supply. The new rules will increase the buffer zones around streams, wetlands and reservoirs from 50 to 300 feet, and will address storm water treatment as well. Paved areas decrease groundwater recharge and increase runoff into storm drains. Under the new rules, development projects will be required to filter 80 percent of pollutants like oil, road salt, and fertilizers out of storm water, and to recharge ground water to 100 percent of predevelopment levels. The regulations, which still require public comment, were greeted with skepticism by developers and support by environmentalists. For more on what your state can do to conserve water, please see http://www.serconline.org/waterconservation/pkg_frameset.html.
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Weedkiller pits Wisconsin State Agencies against each Other (Milwaukee Journal-Sentinel 12/10)
Wisconsin's Department of Natural Resources says it is opposed to a decision by the agriculture department to allow the use of a potent herbicide on corn because of concerns that it could poison streams and groundwater. The WI DNR says it disagrees with the decision to let farmers use a weed-killing chemical called Balance Pro , or isoxaflutole, starting next spring because of its potential effect on humans and ability to kill not only targeted weeds but other plants as well. The dispute finds two state agencies fighting over different aspects of U.S. Environmental Protection Agency regulations. The DNR regulates water quality, while the agriculture department oversees the use of farm chemicals. "Here you have two different agencies with delegated authority and they conflict," said Jim Vanden Brook, water quality supervisor at the agriculture department. "EPA has not resolved it very well on a national level, and it gets expressed in matters like this." A lawsuit is expected to challenging the agriculture department's decision on behalf of Family Farm Defenders, a national organization that advocates environmentally responsible farming practices, and Habitat Education Center.
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Montana Judge Forcefully Upholds Cyanide-Mining Ban (Great Falls Tribune 12/11)
District Judge Jeffrey Sherlock of Helena this week issued a harsh blow to any prospects of developing the dormant McDonald gold mine near Lincoln, firmly upholding a 1998 voter-enacted mining ban.
Sherlock said the 1998 ban on open-pit, cyanide heap-leach gold mines does not violate constitutional contract rights and is not taking any property, because the mine developers never had any "property" to take. State solicitor Brian Morris on Tuesday called the 23-page order a "big win for the state" and the people's right to regulate the mining industry or any industry. State and federal taxpayers already are on the hook for clean-up at heap-leach gold mines permitted in Montana before the ban was approved, and the ban is preventing future liabilities for the taxpayers, said Jim Jensen of the Montana Environmental Information Center. Sherlock's order likely will be appealed to the Montana Supreme Court, and a similar lawsuit exists in federal court. Sherlock also said that the mine developers had a right to seek a mining permit "subject to existing and future environmental regulations," he wrote, but that action does not constitute property. For more on cyanide-mining, visit http://www.serconline.org/mining/index.html.
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MI Gov. Wants to Ease Dioxin Standards (Washington Post 12/6)
Outgoing Michigan Gov. Engler (R) is trying to relax state standards for dioxin contamination, a move that would make it easier for Dow Chemical Co. to clean up the area around its headquarters and the Lake Huron watershed. Dioxin is carcinogenic and can disrupt the immune and reproductive systems. The MI Department of Environmental Quality (DEQ) and Dow have been negotiating a consent order that could increase the allowable level of dioxin from 90 parts per trillion to 831 parts per trillion. No amount of dioxin is safe, so the change appears to be designed solely to save Dow money. DEQ officials have made it clear that Dow wants to get the changes in place before Engler leaves office, since the change in standards is opposed by Gov.-elect Granholm (D). EPA officials have questioned the move, and a coalition of environmental groups has gone to court to prevent Gov. Engler from making the change before he leaves office.
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State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
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Email: [email protected]