Defenders Wildlines #68
December 3, 2001

A weekly publication of Defenders of Wildlife bringing you the most current and relevant news and resources on state wildlife and wildlands issues across the country.

Email:  [email protected] 
Phone: 608-252-9800 
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IN THIS EDITION:

WATCH DOG:  ALEC's Dirty Diesel Deal 
NEWS FROM THE STATES: 

•  Washington: Seattle Moves Toward Becoming Nation's Largest Wind Energy User
•  Minnesota: Audubon Pushes for ORV Limits on State Trails
•  Michigan: Local Farm Bureau Comes Up With Plan to Curb Sprawl
•  Wisconsin: New School Closes Because of Mold 
•  North Carolina: "Clean Smokestacks" Bill Stalls in House

WATCH DOG: ALEC'S DIRTY DIESEL DEAL

The American Legislative Exchange Council (ALEC) understands that the reduction of diesel emissions is already part of the environmental agenda.  Consequently, they have introduced pre-emptive model legislation to 
protect industry. Some of the major components of the ALEC "Uniform Diesel Smoke Testing Act" include: ensuring the potential for multiple citations is reduced exempting farm vehicles exempting vehicles on classification 
rather than on actual diesel emissions prohibiting federal or state funds for testing unless certain bureaucratic hurdles are met usng strict procedures -- including test standards designed to ensure that no engine will fail requiring the only engines tested are those which visibly emit black smoke, creating a panel to advise on testing made up of members from the truck and bus industries. Look for this model legislation to be coming 
to your state soon. 

NEWS FROM THE STATES:

WASHINGTON: SEATTLE COMMITS TO WIND POWER PURCHASE 

Seattle City Council members unanimously approved Mayor Paul Schell's proposal to become the largest municipal utility purchaser of wind power in the nation. The city will begin buying 50 MW of capacity from 
PacifiCorp Power Marketing (PPM) -- about 5% of the utility's load -- from the Stateline Wind Farm beginning Jan. 1, 2002. The purchase is set to increase to 100 MW in August 2002, and possibly to 175 MW by August 2004. "With this wind purchase, Seattle will be on the forefront of renewable energy in the nation and the world," Schell said. 
 

MINNESOTA: AUDUBON PUSHES FOR ORV LIMITS ON STATE TRAILS 

The Minnesota Audubon Society is seeking legislation that will implement a "designated-routes-only" policy for off-road vehicle (ORV) use. That is, trails on state land will be closed unless they are posted as open to 
ORV use. They are seeking funding for enforcement and monitoring, and reparation of damages caused by ORVs. The Minnesota Audubon Society will also be pressing for an environmental review process with full public participation for ORV trail development. 
 

MICHIGAN: LOCAL FARM BUREAU COMES UP WITH PLAN TO CURB SPRAWL 

Citing more than 1 million acres of farmland in Michigan that have been lost to development in the last 15 years, Michigan Farm Bureau released a plan that would raise $20 million for the state's Agriculture Preservation Fund. 
Under the plan, a developer who buys farmland and coverts it to other uses would be assessed a fee of 5 to 7 percent of the property's market value. Established in 2000 by the Michigan legislature, the Agriculture Preservation Fund is designed to slow the loss of farmland in Michigan. The fund supports initiatives such as purchasing development rights from farmers. 

WISCONSIN: NEW SCHOOL CLOSES BECAUSE OF MOLD 

The November 28 Wisconsin State Journal reported that Chavez Elementary School in Madison, Wis., will be closed until after winter break to give crews a chance to remove all mold from the building. The school closing followed investigation that was prompted by parents and teachers who were concerned about nagging health problems that many suspected were caused by the school's air quality. Investigators believe the mold came from condensation that developed on ductwork when the cooling system was turned on. Investigators also believe that if the ductwork had been insulated the mold problem would have never occurred. One teacher said she approached a representative from Westra Construction, the company that built the school, earlier this year and asked about the possibility of mold contamination. Her question was brushed off, she said. "He said, 'Why would there be mold? It's a new building.'" 
 

NORTH CAROLINA: "CLEAN SMOKESTACKS" BILL STALLS IN HOUSE 

The November 25 Charlotte Observer reported that a clean-air bill, which environmentalists call the most important in years but that industries claim it is unfair, likely will not emerge from an North Carolina House committee before legislative session ends. The "Clean Smokestacks" bill sharply cuts emissions from North Carolina's 14 coal-fired power plants. Pollution-control costs would be passed on to customers of Duke 
Power and CP&L, which own the plants. Consumers have not protested the average $2-a-month increase in 
household power bills, which state officials say will cut unhealthy-ozone days by half. Industries struggling with a soft economy, however, have serious problems with what they are calling an "electricity tax". They say it will add 4 percent to 8 percent to monthly bills. Seven months ago the bill easily passed in the North Carolina 
Senate. 
 

AGENCY ACTIONS

* Buffalo Field Campaign reports that the Montana Department of Livestock (DOL) shot a bull buffalo on November 28 on Forest Service land (Red Canyon) outside of West Yellowstone, Montana. The DOL claims that such measures are necessary to prevent bison from transmitting brucellosis to cattle and plans to spend over 45 million dollars at taxpayer expense in the next 15 years to haze, capture, test and slaughter bison on public 
lands. While Montana insists that bison are a threat to cattle and the state's brucellosis-free status, the Buffalo Field Campaign reports that there has never been a documented case of transmission from bison to cattle in a natural setting. 

* The November 26 Charleston Post reported that two South Carolina state agencies are opposing a USFWS proposal to repair a broken dike in order to create habitat for endangered wood storks reports. They maintain that re-diking violates a policy discouraging the creation of artificial coastal wetlands and fear that allowing this exception "could open a flood of requests from private landowners" to do the same. Breached dikes surround 14% of all the state's tidal wetlands that are now undergoing a "natural restoration." 

* The South Dakota Departments of Game, Fish and Parks and Agriculture have extended the period for taking written comments on the South Dakota Black-tailed Prairie Dog Management Plan, to December 21, 2001. Dowd Stukel of the Games, Fish, and Parks said that the department has extended the deadline because they have been flooded with comments from people that mistakenly believe the state plan will designate prairie 
dogs as a federally protected species. "Our goal is to provide adequate management at a state level that will keep what could be very restrictive control out of the hands of federal government."

COURT ACTIONS

The November 30 Charleston Gazette reported that a lawsuit has been filed alleging West Virginia water quality is suffering because the state doesn't have a federally approved plan to coordinate water protection efforts. Earlier this year, the American Canoe Association filed suit to force regulators to come up with the plan. The suit asks the court to force the U.S. Environmental Protection Agency to step in and require state action. The lawsuit, filed on June 8, focuses on a portion of the federal Clean Water Act that requires comprehensive water quality protection plans. Under the law, each state must develop a Continuing Planning Process, or CPP, to implement 
water quality programs. According to the lawsuit, West Virginia did not submit its initial CPP to the EPA until April 1976. The EPA never approved it. The state submitted another CPP in December 1979. The EPA never approved the second CPP either, the suit says. 
 

SPECIES ACTIONS

* The November 30 South Bend Tribune reported that the St. Joseph Humane Society is having a tough time deciding what to do with a wolf-dog hybrid they recently captured that they believe wandered down from Michigan. Because it is not a dog, it cannot be put up for adoption to a new owner and because it is not a pure-blood wild animal, it does not qualify for programs that seek to relocate fully wild animals back into 
nature. Until July of last year, Michigan did not regulate ownership of wolf-dog hybrids. Now they must be 
licensed and kept in secure kennels. In Indiana, special permits must be obtained from the Department of Natural Resources to keep wolf-dog hybrids. 

* The November 27 New York Times reported that "For six or seven weeks every fall," some 100 volunteers rescue Kemp's Ridley turtles stranded on Cape Cod beaches. The young turtles, "usually 2 to 3 years old," visit the bay during the summer to feast on blue mussels and crabs but many fail to head south before the weather turns colder and they become "so sluggish they can't leave" and a "strong northerly wind pushes them ashore." So far 
29 turtles have been rescued this year. 

CONFERENCES / COURSES

* Making Agriculture Sustainable Seminar 

Lake Land College, Mattoon, IL 
Tuesday, December 11 
9:30 a.m. to 3:30 p.m.

* 2002: An Environmental Election The Planning and Conservation League Foundation and the National Wildlife Federation Annual Environmental Legislative Symposium 

February 2-3, 2002 
Sacramento, California

RESOURCES

A web site has been created to refute the anti-environmental claims of Bjorn Lomborg. The site was created by a group of environmental writers, academics and activists in Oxford, England, who were outraged by "Take a deep breath… air quality is getting better" and other 'green wash' articles in The Guardian newspaper. Check the site out at http://www.anti-lomborg.com 

A new report by a coalition of 20 conservation and recreation organizations finds that the national wildlife refuge system "faces a nearly $2 billion funding deficit, endangering wildlife and denying Americans educational and recreational use of these natural places" says the National Wildlife Refuge Association 11/16. For more on the "funding crisis threatening America's most important wildlife conservation resource For more information visit the 
web at: http://www.refugenet.org 
 

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Do you have news about legislation, agency actions or court decisions in your state that affect wildlife or their habitat? Do you have an interest in expressing your views on a state wildlife issue in our "Activist Spotlight" section?  Please submit items to [email protected]